NY 865818: The tariff classification of a man's athletic shoe fromChina.

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 865818

                                   AUGUST 28, 1991


CLA-2-64:S:N:N3D:347-T 865818  

CATEGORY:  Classification

TARIFF NO.: 6402.91.70  

Mr. E. Silvera
Morini Fashions
P.O. Box 230274
Brooklyn, NY 11223

RE:  The tariff classification of a man's athletic shoe from
China.

Dear Mr. Silvera:

     In your letter recieved on August 6, 1991, you requested a
tariff classification ruling.         
     
     The submitted sample (no style number indicated) is a man's
hi-top athletic type shoe with a functionally stitched plastic
upper, a lace closure, a padded ankle collar and a cemented-on,
two color molded rubber/plastic bottom. The molded bottom
overlaps the upper by about 1/2    
inch around the front as an extended toe bumper and continues to
overlap the upper in a 3/4 inch high ridge for an additional 2
1/2 inches along the out-side front half of the shoe. The
combination of the extended toe bumper and the sidewall ridge
accounts for more than 40 percent of the upper's lower
perimeter. We consider this shoe, both in appearance and
function, to have a foxing-like band.

     The applicable subheading for the shoe described above will
be 6402.91.70, Harmonized Tariff Schedule of the United States
(HTS), which provides for footwear, in which the upper's and the
outer sole's external surfaces are predominately rubber and/or
plastics; which is other than "sports" footwear; in which the top
of the upper covers most of the wearer's ankle bone; which is not
designed to be a protection against water, oil or cold or
inclement weather; which has a foxing-like band; and which is
valued over $3.00 but not over $6.50 per pair. The rate of duty
will be $0.90 per pair plus 37.5 percent ad valorem.   

     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