CLA-2 CO:R:C:G 087583 WAW
Ms. Karen M. Faus
Avia
P.O. Box 23309
Portland, OR 97223
RE: Modification of Headquarters Ruling Letter (HRL) 082702;
Basketball Shoe; external surface area of upper
Dear Ms. Faus:
This letter is to inform you that an error was made in the
facts of HRL 082702 which was issued to you on February 6, 1990.
In HRL 082702, Customs classified a men's version (822M)
basketball shoe under subheading 6403.91.6040, HTSUSA, which
provides for athletic footwear, in which the upper's external
surface is predominately leather; in which the outer sole's
external surface is predominately rubber or plastics; which is
other than "sports" footwear; which lacks a protective metal toe-
cap; in which the top of the upper covers the wearer's ankle
bone; whose sole is attached to the upper by a means other than
welt stitched construction; and which is larger than adults'
American size 5-1/2 and worn only by males. The women's version
(822W) basketball shoe was classified under subheading
6403.91.9040, HTSUSA, which is identical to the above subheading
except that the shoe is worn by females in size 4 or larger.
In HRL 082702, Customs described the merchandise in the
following manner:
The components of the shoe consist of: a leather toe
cap, a leather vamp, leather quarters, a plastic strip
attached from eyelet stay to eyelet stay around the
back of the ankle for support, a hard plastic heel
stabilizer, a padded vinyl collar, a vinyl tongue, a
vinyl underlay basted to the vamp which extends to the
heel, and a fabric lining with foam rubber padding.
[Emphasis added.]
Upon our reexamination of the merchandise at issue, we have
determined that the collar and tongue of the footwear consist of
a textile material instead of a vinyl material. Thus, we are
modifying the facts of this ruling to read as follows:
The components of the shoe consist of: a leather toe
cap, a leather vamp, leather quarters, a plastic strip
attached from eyelet stay to eyelet stay around the
back of the ankle for support, a hard plastic heel
stabilizer, a padded textile collar, a textile tongue,
a vinyl underlay basted to the vamp which extends to
the heel, and a fabric lining with foam rubber
padding. [Emphasis added.]
Please be advised that the modification of the facts of HRL
082702 does not in any way affect the classification of the
sample footwear in subheadings 6403.91.6040, HTSUSA, and
6403.91.9040, HTSUSA.
We have enclosed a copy of HRL 082702 for your reference.
If you have any further questions, please feel free to contact
this office.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure