HQ 083369: Reconsideration of NYRL 832880

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 083369

                                 September 15, 1989



          CLA-2:CO:R:C:G  083369  SR

          CATEGORY:  Classification

          TARIFF NO.:  6404.19.50

          Jane A. Sheridan
          Pagoda Trading Company, Inc.
          World Headquarters
          1950 Craig Road
          St. Louis, Missouri 63146

          RE: Reconsideration of NYRL 832880

          Dear Ms. Sheridan:

               This is in response to your letter dated December 27, 1988,
          requesting reconsideration ofNew York Ruling Letter (NYRL)
          832880, dated December 13, 1989, which classified an injection
          molded shoe under subheading 6404.19.50, HTSUSA.

          FACTS:

               The merchandise at issue is a sneaker made by the
          simultaneous injection molded method.  It was classified under
          subheading 6404.19.50, HTSUSA.  The inquirer claims that this
          classification cannot be correct because an injection molded sole
          cannot have a foxing-like band.

          ISSUE:

               Whether injection molded shoes can have a foxing-like band.

          LAW AND ANALYSIS:

               It is claimed by the importer that the shoe at issue cannot
          have a foxing-like band because it is injection molded.
          Injection molded shoes can have foxing-like bands.  In Treasury
          Decision 83-116, 17 Cust. Bull. 229 (1983), it is stated: "in
          using the term "foxing-like band", it is apparent that Congress


















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          intended to include rubber and plastic footwear that is not
          constructed with a traditional separate functional foxing.  For
          example, certain injection molded sneakers have foxing-like
          bands."

               This shoe has an overlap around the entire shoe.  The
          overlap measures approximately 1/16 of an inch at the ball of the
          foot, and 1/8 of an inch by the heel.  Therefore, this injection
          molded shoe has a foxing-like band.

          HOLDING:

               The shoe at issue is classifiable under 6404.19.50, HTSUSA,
          as footwear with outer soles of rubber or plastics and uppers of
          textile materials, footwear with outer soles of rubber or
          plastics, other, other, other.  The rate of duty is 48 percent ad
          valorem.  NRYL 832880, dated December 13, 1989, is hereby
          affirmed.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division






































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference