NY 863601: The tariff classification of a boot upper from the DominicanRepublic.

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 863601

                                 JUNE 20, 1991

CLA-2-64:S:N:N3D:346 M 863601 

CATEGORY:  Classification

TARIFF NO.: 6406.10.9040  

Mr. Steven Papier
H.Z. Bernstein Co., Inc.
One World Trade Center
Suite 1973
New York, New York  10048

RE:  The tariff classification of a boot upper from the Dominican
Republic.

Dear Mr. Papier:

     In your letter dated May 22, 1991, on behalf of your client
Endicott Johnson Corp., you requested a classification ruling.  

     The submitted sample, your style #N-9003, is a boot upper,
approximately 9 inches high and 6 1/2 inches in width.  The
upper, you state, is constructed of "10% leather and 90% textile
material".  It has eight metal eyelets, a padded plastic ankle
collar and a stitched-on leather "North Lake" logo, located near
the top left side of the upper. 
The bottom is completely open.
  
      We note that the subject sample is marked "Made in U.S.A."
on the tongue.  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 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 the cartons to be marked
(See CR 135.35).

     The applicable subheading for the upper, style #N-9003, will
be 6406.10.9040, Harmonized Tariff Schedule of the United States
(HTS), which provides for uppers, whose external surface is
predominately of textile materials; in which the external surface
is 50% or more textile materials 






after every leather, rubber and plastic accessory and
reinforcement present is included as part of the upper's external
surface; and in which, in the aggregate of the textile materials
present on the outside layer, the man-made fibers weigh more than
the cotton fibers, or the wool and/or fine animal hair fibers, or
any other single type of fiber.  The duty rate will be 9% ad
valorem.
     
     HTS 6406.10.9040 falls within textile category designation
669.  Based upon international textile trade agreements, products
of the Dominican Republic are presently subject to visa
requirements. 

     The designated textile and apparel category may be
subdivided into parts.  If so, visa and quota requirements
applicable to the subject merchandise may be affected.  Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the
Status report On Current Import Quotas (Restraint Levels), an
internal issuance of the U.S. Customs Service, which is available
for inspection at your local Customs office. 

     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