NY 865176: The tariff classification of an athletic type "deck" shoefrom China.

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.

                        
                              NY 865176

                              AUGUST 8,1991


CLA-2-64:S:N:N3:D346 SM 865176  

CATEGORY:  Classification

TARIFF NO.: 6404.11.70  

Ms. Rosalyn Alberdi
A.J. Arango, Inc
POB 3007
Tampa, FL 33601

RE:  The tariff classification of an athletic type "deck" shoe
from China.

Dear Ms. Alberdi:

     In your letter dated July 12, 1991, on behalf of your client

Home Shopping Network, you requested a tariff classification
ruling.       
  
     The sample, style 332/3567, has a lace-up fabric upper of
CVO (Circular Vamp Oxford) design.  It has a flat rubber sole
with zig-zag cuts across it.  It is of traditional, vulcanized
foxing-tape construction.

     The applicable subheading for the sample will be 6404.11.70,
Harmonized Tariff Schedule of the United States (HTS), which
provides for footwear, in which the external surfaces of the
uppers are of textile materials and the outer soles are of rubber
and/or plastics, which is a tennis, basketball, gym or training
shoe or the like; which has a foxing-like band, and which, we
assume, is valued over $3, but not over $6.50, per pair.  The
rate of duty will be 37.5% plus .90 per pair.   

     If valued under $3 per pair, the HTS will be 6404.11.50,
dutiable 
at 48%.

     This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).






     
     A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported.  If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.



                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport