CLA-2-64-NO:CO:FNIS D09
Mike Cahill
Riddell Athletic Footwear, Inc.
2275 Eagle Parkway
Fort Worth, Texas 76177-2312
RE: The tariff classification of five shoes from China
Dear Mr. Cahill:
In your letter dated November 13, 1996, you requested a tariff classification ruling.
You submitted five samples which are all lace-up athletic shoes with rubber/plastic soles. Styles 5390 Dream and 5315 Fastbreak cover the ankle and 599Y Pike Jr, 7480Y CTX Jr. and 2350 Ripper do not cover the ankle. Additionally, 2350 Ripper has cleats. The worksheets you submitted show that the external surface area of the uppers of Styles No. 5390 Dream, 5315 Fastbreak, 0599Y Pike Jr, and 7480Y CTX Jr. to be 52 percent leather and 48 percent rubber and/or plastics. Style 2350, Ripper has an external surface area of 100 percent rubber and/or plastics. For the purpose of this ruling, we will assume the above measurements to be correct. However, this may be subject to verification at the port of entry at the time of importation.
The applicable subheading Styles 5390 Dream and 5315 Fastbreak will be 6403.51.60, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately leather, not including accessories or reinforcements; in which the outer sole is predominately leather or composition leather; which is other than "sports footwear"; which does not have a protective metal toe-cap; which the upper covers the wearer's ankle bone; which is other than turn or turned footwear, in which the sole is attached to the upper by means other than welt stitched construction; which is for men, youths and boys. The rate of duty will be 8.5 percent ad valorem.
Styles 599Y Pike Jr. and 7480Y CTX Jr are considered unisex and the applicable subheading for these styles will be 6403.99.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately leather and the outer sole's external surface is predominately rubber and/or plastics; which is other than "sports footwear"; in which the top of the upper is below the top of the wearer's ankle bone; in which the sole is attached to the upper by a means other than welt stitched construction; which is unisex and which is valued over, we assume, $2.50 per pair. The rate of duty will be 10%.
The applicable subheading for Style 2350 will be 6402.19.15, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper's external surface is predominately rubber and/or plastic; in which the outer sole's external surface is predominately rubber and/or plastics; which is "sports footwear"; in which the upper's external surface is over 90% rubber and/or plastics after every accessory and reinforcement present is included as part of the upper's external surface; which does not have a foxing or foxing-like band; which is not waterproof; which is not designed to be protective against water, oil or cold or inclement weather; which is other than golf footwear. The rate of duty will be 5.6 percent ad valorem.
We note that the submitted samples are not marked with the country of origin. Therefore if imported as is, the samples will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the shoes would not be considered legally marked under the provisions of 19 C.F.R.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.
Sincerely,
Garland J. Ruiz
Acting Port Director
New Orleans, LA