CLA-2-64:RR:NC:TP:347 D80170
Mr. Stephen S. Spraitzar
Geroge R. Tuttle
Three Embarcadero Center, Suite 1160
San Francisco, CA 94111
RE: The tariff classification of a sports shoe from China.
Dear Mr. Spraitzar:
In your letter dated July 13, 1998, written on behalf of
your client, Asics Tiger Corporation, you requested a tariff
classification ruling.
You state that the sample you have submitted, a men's low
cut interchangeable baseball/softball shoe, model KN 700 (GEL-Claw MT), is made up of a plastic upper and rubber outer sole
which features cleats. You state that the shoe is valued at
$20.83 per pair. You have also submitted a lab report which
indicates that the amount of overlap of the upper by the sole,
which is greater than 1/4-inch, amounted to 35.51% of the total
perimeter of the shoe. In this regard, we agree that this shoe
does not possess a foxing or foxing-like band.
The shoe submitted is considered "sports footwear" for
tariff purposes as enumerated in Chapter 64, subheading note
1.(a), Harmonized Tariff Schedule of the United States, (HTS).
The applicable subheading for the baseball/softball shoe will be
6402.19.15, Harmonized Tariff Schedule of the United States
(HTS), which provides for footwear in which the upper and 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 designed to be a protection against water, oil, grease or
chemicals or cold or inclement weather, which is other than golf
footwear. The rate of duty will be 5.3% ad valorem.
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 212-466-5890.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division