NY 865651: The tariff classification of a pair of uppers from theDominican Republic. Dear Ms. Hagarman: In your letter dated June 3, 1991, on behalf of your clientWilliam Brooks Shoe Company, you requested a classificationruling.

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 865651  

                              AUGUST 27, 1991
                                                                 
                                                                 
CLA-2- 64:S:N:N3D:346 M 865651
                                                                 
CATEGORY:  Classification                              
               
TARIFF NO.:  6406.10.65

Ms. Connie Hagarman
A.W. Fenton
1100 Rarig Avenue
Columbus, Ohio  43219-2312

RE: The tariff classification of a pair of uppers from the
Dominican Republic.     
                                                                 
Dear Ms. Hagarman: 
                                               
     In your letter dated June 3, 1991, on behalf of your client
William Brooks Shoe Company, you requested a classification
ruling.                   

     You have submitted two pairs of shoe uppers, style numbers
911-100 and 6920.

     Style #911-100 is an unlasted, stitched-together shoe upper. 
The upper has an external surface of leather and a partially
stitched-on bottom made of, you also state, Texon.   

     We note that you have submitted a component material
breakdown which indicates that the external surface of this shoe
upper is predominately leather and that in addition, there is no
plastic coating present on the leather component parts.

     We also note that Style #911-100 is marked SR/USA near the
front on the right side of the upper.  This, in our opinion, may
be a misleading marking.  The issue of the legality of such
marking should be directed to the Federal Trade Commission's
Division of Enforcement for a reply.
   
     It is also our opinion that, with or without the Texon attached,
the subject upper is considered other than formed and, therefore, not
subject to individual country of origin marking requirements, provided
there are no other parts of the finished shoe included in the same
shipment.  We consider parts classified at importation in HTS 6406,
other than "formed uppers", to be substantially transformed in the
U.S.  It will thus be acceptable for only the cartons to be marked (See
CR 135.35).

    The applicable subheading for Style #911-100 will be 6406.10.65,
Harmonized Tariff Schedule of the United States (HTS), which provides
for shoe uppers which are less than "formed uppers" and whose external
surface is predominately leather.  The duty rate will be 3.7% ad
valorem.

     With regards to your question concerning the qualification of the
subject item under the Caribbean Basis Initiative, it is the opinion of
this office that the upper would be considered a product of the
Dominican Republic, for the purpose of CBI, based on the information
you have provided.  According to your figures for Style #911-100, the
cost of the manufacturing processes done in the Dominican Republic
accounts for 48.4% of the total value of the finished upper.  You
should discuss with the Commodity Specialist Team, in the port where
you will make entry, the records necessary to document eligibility
under CBI in your particular case.  In general, see CR 10.198.

     We are returning your samples as you requested.

     Your inquiry does not provide enough information for us to give a
classification ruling on Style #6920.  The figures (breakdown, by
percentages, of component material of the upper) submitted on the
footwear form with your request and the sample examined by us, do not
correspond.   It appears that your breakdown did not accurately account
for what components were considered accessories and reinforcements and
what components were considered as external surface.  Therefore, your
request for a classification ruling, for this style, should include a
corrected external surface area measurement and be re-submitted.

    This ruling is being issued under the provisions of Section l77 of
the Customs Regulations (l9 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