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NY G82819

October 27, 2000

CLA-2-64:RR:NC:TA:347 G82819


TARIFF NO.: 6402.99.18

Mr. John J. Kenney
Reebok International Ltd.
1895 J.W. Foster Boulevard
Canton, MA 02021

RE: The tariff classification of footwear from Thailand

Dear Mr. Kenney:

In your letter dated October 18, 2000 you requested a tariff classification ruling.

The submitted half pair sample, which you identify as a “unisex adventure sports sandal,” Style 24-59195, “DMX Cursion II” is an open-toe, open-heel, stretch upper sandal with an adjustable cinch lace eyelet system for tightening the instep area. The sandal has a functionally stitched together upper consisting of plastic coated textile materials, which are considered to be plastic component parts, per Chapter 64, Note 3(a), and other actual rubber/plastic component parts. Therefore, for classification purposes, the external surface area of the upper (ESAU) is considered to be predominately of rubber and/or plastics. Additionally, the upper also has two, non-plastic coated textile material component pieces, which are a strip of woven textile fabric sewn along the laces and a small piece of elasticized textile strapping at the back of the heel. In response to a request by this office for additional information needed to issue this ruling, you now have provided an independent lab report analysis stating that the external surface area of this sandal’s upper is “94.86% rubber/plastic” and “5.14% textile” with all accessories and reinforcements included. The sandal also has a molded rubber/plastic midsole and a rubber/plastic outer sole.

The applicable subheading for the sandal, Style 24-59195, DMX Cursion II, will be 6402.99.18, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper’s external surface area is over 90% rubber or plastics (including any accessories or reinforcements); in which the outer sole’s external surface is predominately rubber and/or plastics; which is not “sports footwear”; which is not designed to be a protection against water, oil, or cold or inclement weather; which does not have a foxing-like band; and which does not cover the ankle. The rate of duty will be 6% ad valorem.

We note that there is no indication that this item is marked with the country of origin Thailand. Therefore, if imported as is, this sandal will not meet the country of origin marking requirements of 19 USC 1304. Accordingly, the sandal will be considered not legally marked under the provisions of 19 CFR 134.11, which states “every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit.”

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Richard Foley at 212-637-7089.


Robert B. Swierupski

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