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NY J80597

March 3, 2003

CLA-2-64: RR: NC: TA: 347 J80597


TARIFF NO.: 6405.90.90

Mr. Robert B. Silverman
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue
New York, NY 10167-3397

RE: The tariff classification of footwear from China.

Dear Mr. Silverman:

In your letter dated January 29, 2003, on behalf of your client The Stride Rite Corporation, you requested a tariff classification ruling for a footwear sample identified as Style No. “Pure Fit-Briana CVO.”

You describe the sample as “a size 6 women’s circular ramp oxford athletic style shoe. The upper is made of plastic. The outsole is made of rubber/plastic and textile material. The shoe also contains a foxing like band.” The outer sole of style “Pure Fit-Briana CVO” has an external surface area of both textile and rubber/plastics materials. You have submitted a lab measurement stating that textile accounts for 56.08 percent of the outer sole in contact with the ground. You refer to HQ 964978 of April 18, 2002 where textile comprised the constituent material having the greatest external surface area for a shoe with a similar outer sole. Unlike the shoe in that ruling, which had an upper of textile materials, this shoe has an upper of plastics material. Therefore, classification in subheading 6405.20.90.60 Harmonized Tariff Schedule of the United States (HTS) is inappropriate.

The applicable subheading for the shoe, identified as Pure Fit Briana CVO,” will be 6405.90.90, (HTS), which provides for other footwear, other, other. The rate of duty will be 12.5% ad valorem

We are returning the sample as requested.

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 646-733-3042.


Robert B. Swierupski

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