HQ 085956: 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 085956

                                  January 23, 1990



          CLA-2:CO:R:C:G  085956  SR

          CATEGORY:  Classification

          TARIFF NO.:  6404.19.3560

          Mr. Kamran Pejman
          Ann Marino, A  Division of New York Transit
          2707 McCone Avenue
          Hayward, CA 94545

          RE: Classification of glass beaded footwear

          Dear Mr. Pejman:

               This is in reference to your letter dated October 23, 1989,
          requesting the tariff classification of a glass beaded shoe 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 woman's high-heeled shoe that has a surface of textile
          material with decorative patterns of glass beads sewn to the
          surface.  The brand name of the shoe is "Jasmine" and the name of
          the shoe appears to be "Sweet Sweet".

               The inquirer, Ann-Marino Division of NY Transit, states that
          HRL 084706, dated August 24, 1989, and HRL 085179, dated
          October 17, 1989, both deal with the same style of merchandise as
          the shoe at issue.  The shoe in HRL 084706 was found to have an
          external surface area of glass and was classified under
          subheading 6405.90.9000, HTSUSA, as other footwear.  The shoe at
          issue in HRL 085179 was found to have an external surface area of
          textile material and was classified under subheading
          6404.19.3560, HTSUSA, as footwear with outer soles of rubber or
          plastics, and uppers of textile.  



















                                         -2-

          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 on the shoe at issue are merely for
          ornamentation.  The beads are attached in a colorful decorative
          pattern that is repeated 8 times around the outer surface of the
          shoe.  The decorative beads do not cover the entire surface of
          the shoe.  It is the textile material that makes up the external
          surface of the shoe.

               The inquirer claims that the merchandise at issue in HRL's
          084706 and 085179 and the merchandise at issue are the same and
          should be classified the same way.  Although the shoes are all
          similar, they are not classifiable under the same provisions.
          The shoe in HRL 084706, importer's style name "Julia", is almost
          entirely covered by beads with no space in between them.  The
          beads on the external surface of the shoe at issue in HRL 085179,
          importer's style name "Lucy", are applied in a decorative
          pattern, as are the beads in the Jasmine shoe at issue.  The
          beads on these two shoes are merely for ornamentation and are not
          considered to be a part of the external surface area of the shoe.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6404.19.3560, HTSUSA, as footwear with outer soles of rubber or
          plastics, and uppers of textile, other, of the slip-on type, that
          is held to the foot without the use of laces or buckles or other
          fasteners, the foregoing except footwear having a foxing or






















                                         -3-

          foxing-like band, other, other, for women.   The rate of duty is
          37.5 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division






















































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