CLA-2-63:RR:NC:N3:351 J83244

Mr. Gordon Anderson
C. H. Robinson Int'l, Inc.
8967 Columbine Road
Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of a disposable footwear cover from China.

Dear Mr. Anderson:

In your letter dated April 7, 2003, you requested a ruling on behalf of Elco Ltd., of Eden Prairie, on tariff classification.

You submitted a sample of the shoe cover, item T01-283B. It is made of 100% cotton knit fabric covered on its outer surface with plastic dots. These dots provide traction. An elastic band is sewn around the opening.

You state that you believe the essential character of the footwear cover is imparted by the plastic dots. However, this is not a composite good, for which essential character is a consideration. It is almost entirely composed of a fabric of heading 5903, Harmonized Tariff Schedule of the United States (HTS), which provides for textile fabrics, impregnated, coated, covered or laminated with plastics.

The applicable subheading for this product will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty will be seven per cent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division