HQ 084705: 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 084705

                                   August 24, 1989



          CLA-2:CO:R:C:G  084705  SR

          CATEGORY:  Classification

          TARIFF NO.:  6405.90.9000

          Ann Marino Division of New York Transit
          2707 Mc Cone Avenue
          Hayward, CA 94545

          RE: Classification of glass beaded footwear

          Dear Sirs:

               This is in reference to your request for tariff
          classification of a glass beaded sneaker 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 women's sneaker that has a surface of textile material that
          is almost entirely covered with glass beads.

          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.

               The glass beads are more than just accessories or
          reinforcements.  The glass beads are not similar to ankle

















                                         -2-

          patches, edging, ornamentation, buckles . . .; they cover almost
          the entire external surface area of the upper and they are very
          securely attached.  Although some of the textile material can be
          seen between the beads, the beads must be considered to compose
          the external surface of the shoe.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6405.90.9000, HTSUSA, as other footwear, other, other.  The rate
          of duty is 12.5 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division













































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