us-cbp-cross-rulings-hq-085248•HQ 085248: Tariff classification of footwear with lammy suede uppers.
HQ 085248: Tariff classification of footwear with lammy suede uppers.
us-cbp-cross-rulings-hq-085248HQ 085248: Tariff classification of footwear with lammy suede uppers.Guidance
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 085248
September 13, 1989
CLA-2 CO:R:C:G 085248 DFC
CATEGORY: Classification
TARIFF NO.: 6402.99.15
Peter T. Mangione, President
Footwear Distributors and Retailers of America
1319 F Street, N.W.
Washington, D.C. 20004
RE: Tariff classification of footwear with lammy suede uppers.
Dear Mr. Mangione:
In a letter dated June 12, 1989, you set forth your views
as to why footwear uppers of lammy suede material should be
considered as having an external surface area of rubber or
plastics. You have also proposed an objective test to create
predictability with respect to classification of footwear having
uppers of lammy suede in the event that Customs continues its
analysis of the surface area of these uppers.
FACTS:
The material involved is an artificial suede used in the
manufacture of footwear uppers. It is manufactured by using a
textile substrate of cotton cloth which has been napped. The
substrate is submerged in a prepared plastic coating. The coated
substrate is dipped in a water tank to permit the coating to set.
The coated material proceeds to a second immersion in water to
wash away any solvents and is then put into a kiln for drying.
After this process is completed, the material is sanded to
produce a realistic suede look and feel.
ISSUE:
What constitutes the external surface area of a lammy suede
upper?
-2-
LAW AND ANALYSIS:
Legal Note 3 to Chapter 64, Harmonized Tariff Schedule of
the United States Annotated (HTSUSA), provides that "[f]or the
purposes of this chapter, the expression 'rubber or plastics'
includes any textile material visibly coated (or covered)
externally with one or both of those materials."
Legal Note 4(a) to Chapter 64, HTSUSA, reads as follows:
4. Subject to note 3 to this chapter:
(a) 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;
Subheading 6402.99.15, HTSUSA, provides for "footwear with
outersoles and uppers of rubber or plastics: having uppers of
which over 90 percent of the external surface area (including any
accessories or reinforcements such as those mentioned in Note
4(a) to this chapter) is rubber or plastics. . . ."
It is your position that if the lammy suede material is
visibly coated with plastics, it is plastic for all purposes of
Chapter 64. If that material represents the greatest percentage
of the external surface area of the upper, then classification
under heading 6402, HTSUSA, is appropriate following Notes 3 and
4(a). Further, classification will be in subheading 6402.99.15,
HTSUSA, if that material, when all accessories and reinforcements
are taken into account, represents more than 90 percent of the
external surface area of the upper.
We do not agree with your contention that the language of
Notes 3 and 4(a), to Chapter 64, HTSUSA, requires acceptance of
your premise that classification is based on the constituent
material of the upper rather than the substances which make up
that material. We especially disagree with your statement that
the cited legal notes preclude further inquiry into the matter.
It is a fundamental principle of statutory construction that the
entire context of a statute must be considered and every effort
made to give effect to all its language.
-3-
It is our opinion that the legal notes to Chapter 64,
HTSUSA, must be read in conjunction with the various headings and
subheadings of that chapter. Classification under subheading
6402.99.15, HTSUSA, is conditioned upon the uppers having an
external surface area of over 90 percent plastics including all
accessories and reinforcements mentioned in note 4(a) to that
chapter. We view the term "external surface area" as the outer
surface of the material constituting the upper.
You claim that when fibers are found on the exterior
surface area of the uppers in issue, Customs assumes they
occupy more than 10 percent of that area. Information before us
is that such an assumption is not made. Footwear is classified
at the higher rate only after a laboratory analysis of the uppers
indicates that more than 10 percent of the external surface areas
are covered by fibers.
In the event that Customs holds to its previous position in
this matter, you have suggested an objective standard to ensure
predictability in classifying this type of footwear.
Specifically, you propose that this type of footwear which, at
importation, is accompanied by a certificate from an independent
testing laboratory certifying that the plastic coating represents
not less than 10 percent of the total thickness of the lammy
suede material, would be presumed to be classified as plastic.
Further, testing would not be necessary, except on a random
sampling basis to ensure that the certifications are correct.
Information before this office from a major port is that
most of the footwear samples with uppers of lammy suede material
which have been subjected to analysis have had 10 percent or more
of the external surface area of their uppers covered by fibers.
Further, we have been informed by our chemists that the test you
propose would not with practicable certainty ascertain whether
the fibers had migrated to the surface in sufficient numbers to
change the classification of the footwear. For these reasons we
cannot accept your proposed standard, which if adopted would
create a presumption that the external surface area of the uppers
of this type of footwear is over 90 percent plastics.
-4-
HOLDING:
Classification of footwear with lammy suede uppers under
subheading 6402.99.15, HTSUSA, is dependent upon those uppers
having an outer surface which is over 90 percent plastics.
At this time we have no alternative except to decide
classification of this type of footwear on a case by case basis.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc AD NY seaport
1cc James Sheridan NY Seaport
1cc Tech Services
1cc Legal Reference
Cahill library 085248
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