CLA-2 CO:R:C:M 950568 DWS

Ms. Ina L. Ateshkadi
Customs Import Analyst
Sears, Roebuck and Co.
National Headquarters
Sears Tower
Chicago, IL 60684

RE: Footwear; Woman's High Heeled Shoe; Weight Breakdown; GRI 3(b); Composition Leather; 6404.20.60

Dear Ms. Ateshkadi:

This is in response to your letter of September 20, 1991, concerning the classification of a woman's high heeled shoe under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The merchandise consists of women's high heeled shoes. The shoe has a closed toe and back, and is not over the ankle in height. There is a clear stone ornament on the vamp front. The shoe has a textile upper and a composition leather sole. The insole of the shoe is made of cardboard with a steel shank. While the outer side of the sole is thinly coated with a plastic material, the inner side of the sole is thickly coated with a wax material.

ISSUE:

What is the proper classification of the subject woman's high heeled shoe under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative chapter or section notes.

You claim that the composition leather sole is coated with .4 mm of wax material. We have determined that the outer side of the sole is thinly coated with a plastic material, amounting to less than .15 mm. However, we have found that the inner side of the sole is thickly coated with a wax material, possibly amounting to .4 mm.

GRI 3(b) provides that:

[m]ixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

It is our position that the essential character of the sole is the composition leather. The composition leather is much thicker than the wax material, and it supplies the strength and support that a sole is to provide a shoe. Therefore, for tariff classification purposes, the sole of the subject shoe is composition leather.

You have provided us with a material weight breakdown of the shoe in percentages. You claim that the shoe is by weight made up of 60 percent textile, 13 percent rubber or plastics, 20 percent leather, and 7 percent cardboard and steel shank. Therefore, in your opinion, the merchandise is classifiable under subheading 6404.20.60, HTSUS, which provides for: "[f]ootwear with outer soles of leather or composition leather and uppers of textile materials: [o]ther."

However, it is our opinion that your material weight breakdown of the subject shoe is inaccurate. To assist in the determination of the actual material breakdown of the shoe by weight, the shoe was submitted to our technical staff for analysis. It was their opinion that the shoe is by weight made up of 26 percent textile, 23 percent rubber or plastics, 18 percent leather, and 33 percent cardboard and steel shank. We agree with this assessment from our technical staff. Therefore, the subject shoe is classifiable under subheading 6404.20.40, HTSUS, which provides for: "[f]ootwear with outer soles of leather or composition leather and uppers of textile material: [n]ot over 50 percent by weight of rubber or plastics and not over 50 percent by weight of textile materials and rubber or plastics with at least 10 percent by weight being rubber or plastics: [v]alued over $2.50 per pair."

HOLDING:

The subject woman's high heeled shoe is classifiable under subheading 6404.20.40, HTSUS. The general, column one rate of duty is 10 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division