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NY N014503

August 2, 2007



TARIFF NO.: 6404.19.3540

Mr. John B. Pellegrini
McGuireWoods LLP
1345 Avenue of the Americas
New York, NY 10105-0106

RE: The tariff classification of footwear from China

Dear Mr. Pellegrini:

In your letter dated July 16, 2007 you requested a classification ruling on behalf of The Timberland Company for an item described as a man’s clog, Style MK-045. The submitted sample is a size 9, slip-on shoe with an outer sole of rubber or plastics and an upper of textile material. The sidewalls of the unit-molded outer sole overlap the upper in excess of ¼ inch around the entire perimeter of the shoe and is a foxing or foxing-like band. Your request concerns whether or not the shoe is open-heel.

T.D. 93-88 dated October 25, 1993 defines “open heeled shoes” as having uppers wherein all or part of the back of the wearer’s heel can be seen. For footwear classification purposes, USCBP interprets the “heel” to be the rearmost boney part of the human foot, the top of which is located just below the Achilles tendon. In this regard, Style MK-045 has an open-heel.

The applicable subheading for Style MK-045 will be 6404.19.3540, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles of rubber or plastics and uppers of textile material: other: footwear with open toes or open heels; other. The applicable rate of duty will be 37.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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