CLA-2-64:OT:RR:NC:N4:447
Mr. Steve Kuchta
Kuehne and Nagel, Inc.
Corporate Office
10 Exchange Place, 19th Flr.
Jersey City, NJ 07302
RE: The tariff classification of footwear from China
Dear Mr. Kuchta:
In your ruling letter dated May 21, 2012 you requested a tariff classification ruling.
The submitted half-pair samples identified as styles “F Lite 195” and “Terrafly 313 GTX” are “unisex” and men’s lace-up “athletic” shoes with outer soles of rubber or plastics and predominantly textile uppers that do not cover the ankle. You describe these shoes as “running” and “road/trail running” shoes, respectively. They both feature characteristics of athletic footwear, i.e. fexible traction soles/outer soles; cushioned collars, tongues and insoles; lightweight in construction and having a general athletic appearance. Consequently, we consider them to be “athletic” for tariff classification purposes. You provided an F.O.B. value over $12.00/pair for each shoe.
The applicable subheading for both the unisex and men’s “athletic” shoes, styles “F Lite 195” and “Terrafly 313 GTX” will be 6404.11.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $12/pair. The rate of duty will be 20% ad valorem.
The submitted half-pair sample identified as style “Terroc 345 GTX,” is described by you as a “unisex” long distance running and hiking shoe which has an upper of predominately textile material. The rubber or plastics outer sole features 5mm square-shaped “cleats” which provide traction in muddy conditions. Consequently, we don’t consider this shoe capable of being used in athletic activities requiring fast footwork or extensive running. The shoe is lined with Gore-Tex® which is considered “protective” against water for tariff classification purposes.
The applicable subheading for the “unisex” long distance running and hiking shoe, style “Terroc 345 GTX” will be 6404.19.2060, HTSUS, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: which is not “sports” or “athletic” footwear; footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather: for women. The rate of duty will be 37.5 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
The submitted samples are not marked with the country of origin. Therefore, if imported as is, they will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the footwear would be considered not legally marked under the provisions of 19 C.F.R. 134.11 which states, “every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.”
In reference to style “Roclite 285,” in order for this office to classify a shoe which has an upper of different materials, we need to determine which material predominates as the constituent material having the greatest external surface area. Please provide the external surface area measurements, by percentage, for all component materials comprising the upper, including any accessories or reinforcements.
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 Stacey Kalkines at (646) 733-3042.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division