HQ 085179: Classification of glass beaded 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 085179

                                  October, 17, 1989



          CLA-2:CO:R:C:G  085179  SR

          CATEGORY:  Classification

          TARIFF NO.:  6404.19.3560

          Ms. Carol Jenner
          Ann Marino, A  Division of New York Transit
          2707 McCone Avenue
          Hayward, CA 94545

          RE: Classification of glass beaded footwear

          Dear Ms. Jenner:

               This is in reference to your letter dated June 23, 1989,
          requesting the 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 woman's high-heeled shoe that has a surface of textile
          material with decorative patterns of glass beads sewn to the
          surface.

          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 on the shoe at issue are merely for
          ornamentation.  The beads, which are the same color as the
          textile material of the shoe to which they are applied, are
          attached in a decorative pattern which does not cover the entire
          surface of the shoe.  It is the textile material that makes up
          the external surface of the shoe.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6404.19.3560, HTSUSA, as footwear with outer soles of rubber or
          plastics, and uppers of textile, other, of the slip-on type, that
          is held to the foot without the use of laces or buckles or other
          fasteners, the foregoing except footwear having a foxing or
          foxing-like band, other, other, for women.   The rate of duty is
          37.5 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division








































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