NY 863641: The tariff classification of a boot shaft from Korea. Dear Mr. Choi: In your letter dated May 17, 1991, you requested aclassification ruling. The submitted sample, your style #C-39TH, is a boot upperpart, approximately 7 1/2 inches high and 6 inches in width. Itis marked "Made in Korea". The upper, you state, is constructedof "1000 Denier Cordura Nylon" fabric backed with foam andtricot. It has eight metal eyelets, a padded plastic anklecollar, a plastic stitched-on "Pro Line" logo, located near thetop right side of the boot upper and a textile, stitched-on"Thinsulate" logo, located on the tongue. Our records show thatneither trademark is registered with Customs.

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 863641  

                                JUNE 18, 1991                    
                                                                 
                                                                
CLA-2-64:S:N:N3D:346 M 863641
                                                                 
          CATEGORY:  Classification                              
                                                                 
               
TARIFF NO.:  6406.10.9040

Mr. Don H. Choi 
Top Line Manufacturing Company
Passaic Industrial Center
Building 1F, 90 Dayton Avenue
Passaic, New Jersey  07055

RE: The tariff classification of a boot shaft from Korea.    
                                                                 
          Dear Mr. Choi: 
                                               
     In your letter dated May 17, 1991, you requested a
classification ruling.                   
 
     The submitted sample, your style #C-39TH, is a boot upper
part, approximately 7 1/2 inches high and 6 inches in width.  It
is marked "Made in Korea".  The upper, you state, is constructed
of "1000 Denier Cordura Nylon" fabric backed with foam and
tricot.  It has eight metal eyelets, a padded plastic ankle
collar, a plastic stitched-on "Pro Line" logo, located near the
top right side of the boot upper and a textile, stitched-on
"Thinsulate" logo, located on the tongue.  Our records show that
neither trademark is registered with Customs.     

     Regarding the label stating "Thinsulate - Thermal
insulation", it appears to us that most, if not all, of the
"thermal" insulation is foam rubber or plastic.  If "Thinsulate"
is not, in fact, the primary insulating material in these uppers,
we would consider them to be "articles which bear... words ...
tending to falsely describe or represent the articles" (see
CR11.13).  On that basis, shipments of this item would be
subject to detention or seizure.  If you need further information
on this subject, please contact the Office of Regulations and
Rulings, Value and Special Admissibility Branch, 1301
Constitution Ave, N.W., Washington, D.C. 20229-0001. The
telephone number is (202) 566-2938.
     
     The applicable subheading for the upper, style #C-39TH will
be 6406.10.9040, Harmonized Tariff Schedule of the United States
(HTS), which provides for upper parts, 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 Korea. are presently subject to visa requirements and quota
restraints. 

     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