CLA-2-64:RR:NC:TA:347 C89594

Ms. Carole Barenbaum

The Chadwick Group

2604 East Dempster St.

Des Plaines, IL 60016

RE: The tariff classification of footwear from China

Dear Ms. Barenbaum:

In your letter dated June 30, 1998 you requested a tariff classification ruling.

The submitted samples are two, size 3 hi-top infant's shoes, your model numbers "FS2567" and "FS2568", which both have predominately plastic uppers, metal eyelet lace closures and cemented-on unit molded rubber/plastic outer soles. Model "FS2567" has an upper with an external surface area that is all plastic. Model "FS2568" has a textile image of a little bear embroidered on its upper external surface and this together with the eight metal eyelets also present, accounts for at least 10% or more of the upper's external surface area when all accessories and reinforcements are included. You also provide two separate rubber/plastic bottoms, which you identify as outsoles "JC-25" and "JC-17", that are identical to the actual outsoles present on the two completed shoes to be classified. You state that either sole may be used to complete these shoes. By our measurements, both these unit molded rubber/plastic bottoms will overlap the sample shoes' uppers at the sole by approximately 3/16 inch, but only at the front and around the heels, and by less than 1/8 inch for the remainder of the shoes' perimeters. This accounts for less than a 40% encirclement by an overlap of 1/8 inch or more on both these infant size shoes. We do not consider either shoe to have a foxing-like band.

The applicable subheading for the shoe, model "FS2567", will be 6402.91.4075, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which both the upper's and the outer sole's external surface is predominately rubber and/or plastics; in which the top of the upper covers the wearer's ankle; in which the upper's external surface is over 90% rubber and/or plastics (including any accessories and reinforcements); which does not have a foxing-like band; and which has an upper made entirely of stitched construction from a point 3 centimeters or less above the top of the outer sole. The rate of duty will be 6% ad valorem.

The applicable subheading for the shoe, model "FS2568", will be 6402.91.6090, HTS, which provides for footwear, in which both the upper's and outer sole's external surface is predominately rubber and/or plastics; in which the top of the upper covers the wearer's ankle; in which the upper's external surface is not over 90% rubber and/or plastics with all accessories and reinforcements included; which is not designed to be a protection against water, oil, or cold or inclement weather; and which is valued, we presume, at $3.00 per pair or less. The rate of duty will be 48% ad valorem.

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 Richard Foley at 212-466-5890.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division