NY 856105
September 24,1990
CLA-2-64:S:N:N3D:346 M 856105
Ms. Melissa Moses
Shark Products, Inc.
600 Upland Avenue
Upland, PA 19015
RE: The tariff classification of a pair of men's beachcomber
sandals from China.
Dear Ms. Moses:
In your letter dated August 28, 1990, you requested a tariff
classification ruling.
The submitted samples, no style number indicated, are a pair
of men's beachcomber type sandals. The sandals have "Y"
configuration textile uppers with stitched-on vinyl plastic strip
overlays and two-layer, flat EVA plastic bottoms.
We note that the "Dodgers'" logo appears on one of the vinyl
strips and again on the top face of the EVA bottoms. The
"Dodgers'" logo is a registered trademark with the U.S. Custom's
Service. Only "genuine" trademarked articles may be imported.
No imported articles bearing copying or simulating (counterfeit,
or confusingly similar), name or mark may be admitted for entry
into the U.S.
The applicable subheading for the sandals described above will be
6404.19.35, Harmonized Tariff Schedule of the United States (HTS),
which provides for footwear, in which the upper's external surface is
predominately of textile materials (noting that an accessory or
reinforcement stitched on top of another material is not part of the
upper's external surface but the material hidden underneath is); in
which the external surface of the outer sole is predominately rubber
and/or plastics; which is other than athletic footwear; which is not
designed to be a protection against water, oil, or cold or inclement
weather; which is of the slip-on type; which does not have a
foxing-like band; and which is 10% or more by weight of rubber and/or
plastics. The rate of duty will be 37.5% ad valorem.
This ruling is being issued under the provisions of Section l77 of
the Customs Regulations (l9 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