HQ 084706: Classification of glass beaded shoes

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 084706

                                   August 24, 1989



          CLA-2:CO:R:C:G  084706  SR

          CATEGORY:  Classification

          TARIFF NO.:  6405.90.9000

          Ann Marino Division of New York Transit
          2707 Mc Cone Avenue
          Hayward, CA 94545

          RE: Classification of glass beaded shoes

          Dear Sirs:

               This is in reference to your request for tariff
          classification of a glass beaded shoe under the Harmonized Tariff
          Schedule of the United States Annotated (HTSUSA).  A sample
          produced in Hong Kong was submitted.

          FACTS:

               The merchandise at issue is a glass beaded shoe.  The shoe
          is a women's wedge heeled pump that has a surface of satin that
          is 90 percent covered with glass beads.

          ISSUE:

               What is the external surface of the upper for classification
          purposes?

          LAW AND ANALYSIS:

               Note 4(a) to chapter 64, HTSUSA, states that the material of
          the upper shall be taken to be the constituent material having
          the greatest external surface area, no account being taken of
          accessories or reinforcements such as ankle patches, edging,
          ornamentation, buckles, tabs, eyelet stays or similar
          attachments.  




















                                         -2-

               The glass beads are more than just accessories or
          reinforcements.  The glass beads are not similar to ankle
          patches, edging, ornamentation, buckles . . .; they cover 90
          percent of the external surface area and they are very securely
          attached.  Although some of the satin beneath is exposed, the
          beads must be considered to compose the external surface of the
          shoe.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6405.90.9000, HTSUSA, as other footwear, other, other.  The rate
          of duty is 12.5 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division











































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