us-cbp-cross-rulings-hq-082804•HQ 082804: Tariff classification of a men's shoe made in Taiwan
HQ 082804: Tariff classification of a men's shoe made in Taiwan
us-cbp-cross-rulings-hq-082804HQ 082804: Tariff classification of a men's shoe made in TaiwanGuidance
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 082804
February 28, 1990
CLA-2 CO:R:C:G 082804DFC
CATEGORY: Classification
TARIFF NO.: 6402.99.15
Ms. Judy L. Cook
Manager, Import Dept.
Pagoda Trading Company, Inc.
1950 Craig Road
St. Louis, Missouri 63146
RE: Tariff classification of a men's shoe made in Taiwan
Dear Ms. Cook:
In a letter dated September 14, 1988, you asked us to
reverse the result reached in New York Ruling Letter (NYRL)
824380 dated August 18, 1987. Specifically, New York Customs
ruled that the men's shoe in issue was classifiable under the
Tariff Schedules of the United States (TSUS), as other footwear
which is over 50 percent by weight of rubber or plastics or
over 50 percent by weight of fibers and rubber or plastics and
having uppers of which over 90 percent of the exterior surface
area is rubber or plastics with duty at the rate of 6 percent
ad valorem. However, with respect to classification under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), it was ruled that the shoe was classifiable under
subheading 6404.19.35, HTSUSA, as other footwear with outer
soles of rubber, plastics, leather or composition leather and
uppers of textile material and dutiable at the rate of 37.5
percent ad valorem.
FACTS:
The sample which was the subject of NYRL 824380 was of
latticework construction and had an upper of textile material
which was plastic coated. It also had a side buckle closure
and a rubber sole.
-2-
Classification of the men's shoe under item 700.56, TSUS,
was based on a finding that the plastic coating on the upper
visibly and significantly affected the surface of the upper
within the meaning of Schedule 7, Part 1, Subpart A,
Headnote 3, TSUS, following the criteria set forth in
T.D. 81-219. Further, it was observed that the coating added
significant stiffness to the fabric and imparted a slight
luster.
You suggest that inasmuch as the shoe was considered to
have an upper with an exterior surface area of plastic under
the TSUS, it is difficult to understand how the material could
be considered other than a plastic under the HTSUSA because it
is a polyurethane.
ISSUE:
Does the shoe have an upper the external surface area of
which is over 90 percent plastics for the purposes of
classification under the HTSUSA?
LAW AND ANALYSIS:
Inasmuch as your request for reconsideration of
NYRL 824380 was submitted more than a year after its issuance,
there is no way for us to definitely confirm that the upper
of the shoe ruled on is of the same material as the swatch
submitted. Consequently, we cannot reverse that ruling.
However, we do agree with your position that the external
surface area of the swatch submitted is a plastic rather than
a textile material. The imitation denim appearance is achieved
by calendering a fairly thick plastic layer that is atop the
slightly napped woven fabric substrate, and then printing the
raised plastic areas with a blue paint or ink. In the finished
material, the appearance of the original, uncoated fabric (as
seen in the selvedge) is completely hidden. We agree that this
is a textile material whose external surface is visibly coated
with plastic.
Therefore, the men's shoe having an upper composed of the
swatch submitted with your letter of September 14, 1988, is
considered to have an upper the external surface area of which
is over 90 percent plastics.
-3-
HOLDING:
The Men's shoe is classifiable under subheading
6402.99.15, HTSUSA, as other footwear with outer soles and
uppers of rubber or plastics, other, 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, other.
The applicable rate of duty is 6 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc AD NY Seaport
1cc James Sheridan NY Seaport
1cc Legal Reference
cahill library/peh
082804
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