HQ 084661: Classification of footwear

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 084661

                                 September 15, 1989



          CLA-2:CO:R:C:G  084661  SR

          CATEGORY:  Classification

          TARIFF NO.:  6404.19.3560

          Mr. Glen Barad
          Dynasty Footwear, Ltd.
          California Mart
          110 E. Ninth Street, Suite A-794
          Los Angeles, CA 90079

          RE: Classification of footwear

          Dear Mr Barad:

               This is in reference to your letter dated May 19, 1989,
          requesting the tariff classification of a sandal under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  A sample was submitted.

          FACTS:

               The merchandise at issue is a women's casual sandal.  It has
          a rubber/plastics bottom and an upper that is composed of strips
          of polypropylene imitation raffia that has been woven into 1-1/2
          inch straps.  Most of the polypropylene strips do not exceed 5
          mm.  There is a plastic extended outside heel counter and a
          plastic extension on the outside of the ankle strip.  The latter
          strip has a Velcro-type fastener.

          ISSUE:

               Whether the raffia is considered plastic or textile for
          classification purposes.

          LAW AND ANALYSIS:

               Classification of the shoe at issue is dependent upon
          whether the imitation raffia is considered a textile or a
          plastic.  This is determined by the width of the fibers.  Heading
          5404, HTSUSA, provides in part for strip and the like (for
          example artificial straw) of synthetic textile materials of an















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          apparent width not exceeding 5 mm.  The Explanatory Notes provide
          the official interpretation of the tariff at the international
          level.  The Explanatory Notes to heading 5404, HTSUSA, read in
          part as follows:


               (2)  Strip and the like, of synthetic textile materials.
               The strips of this heading are flat, of a width not
               exceeding 5 mm, either produced by extrusion or cut from
               wider strips or from sheets.

               Section XI provides classification for textiles and textile
          articles.  Note 1(g) to section XI states that the section does
          not cover monofilament of which any cross-sectional dimension
          exceeds 1 mm or strip or the like (for example, artificial straw)
          of an apparent width exceeding 5 mm, of plastics (chapter 39).
          Because most of the strips of raffia in this shoe are under 5 mm
          the shoe upper is considered to be of textile.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6404.19.3560, HTSUSA, which provides for footwear with outer
          soles of rubber, plastics, and uppers of textile materials,
          other, footwear with open toes or open heels, other, other, for
          women.  The rate of duty is 37.5 percent ad valorem under the
          General duty rate column.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division





























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