Modification of Headquarters Ruling Letter (HRL) 082702; Basketball Shoe; external surface area of upper

HQ 087583 July 31, 1990 CLA-2 CO:R:C:G 087583 WAW CATEGORY: Classification TARIFF NO.: 6403.91.6040, 6403.91.9040 Ms. Karen M. Faus Avia P.O. Box 23309 Portland, OR 97223 RE: Modification of Headquarters Ruling Letter (HRL) 082702; Basketball Shoe; external surface area of upper Dear Ms. Faus: This letter is to inform you that an error was made in the facts of HRL 082702 which was issued to you on February 6, 1990. In HRL 082702, Customs classified a men's version (822M) basketball shoe under subheading 6403.91.6040, HTSUSA, which provides for athletic footwear, in which the upper's external surface is predominately leather; in which the outer sole's external surface is predominately rubber or plastics; which is other than "sports" footwear; which lacks a protective metal toe- cap; in which the top of the upper covers the wearer's ankle bone; whose sole is attached to the upper by a means other than welt stitched construction; and which is larger than adults' American size 5-1/2 and worn only by males. The women's version (822W) basketball shoe was classified under subheading 6403.91.9040, HTSUSA, which is identical to the above subheading except that the shoe is worn by females in size 4 or larger. In HRL 082702, Customs described the merchandise in the following manner: The components of the shoe consist of: a leather toe cap, a leather vamp, leather quarters, a plastic strip attached from eyelet stay to eyelet stay around the back of the ankle for support, a hard plastic heel stabilizer, a padded vinyl collar, a vinyl tongue, a vinyl underlay basted to the vamp which extends to the heel, and a fabric lining with foam rubber padding. [Emphasis added.] Upon our reexamination of the merchandise at issue, we have determined that the collar and tongue of the footwear consist of a textile material instead of a vinyl material. Thus, we are modifying the facts of this ruling to read as follows: The components of the shoe consist of: a leather toe cap, a leather vamp, leather quarters, a plastic strip attached from eyelet stay to eyelet stay around the back of the ankle for support, a hard plastic heel stabilizer, a padded textile collar, a textile tongue, a vinyl underlay basted to the vamp which extends to the heel, and a fabric lining with foam rubber padding. [Emphasis added.] Please be advised that the modification of the facts of HRL 082702 does not in any way affect the classification of the sample footwear in subheadings 6403.91.6040, HTSUSA, and 6403.91.9040, HTSUSA. We have enclosed a copy of HRL 082702 for your reference. If you have any further questions, please feel free to contact this office. Sincerely, John Durant, Director Commercial Rulings Division Enclosure