The tariff classification of leather footwear from China.

NY H80201 May 11, 2001 CLA-2-64:RR:NC:TP:347 H80201 CATEGORY: Classification TARIFF NO.: 6403.99.6075, 6403.99.9065 Ms. Susan Morelli Saucony Inc. 13 Centennial Drive Peabody, MA 01960 RE: The tariff classification of leather footwear from China. Dear Ms. Morelli: In your letter dated April 24, 2001, you requested a tariff classification ruling. You have submitted samples for three styles of shoes that you state are made up of leather uppers and rubber outer soles. You state that style “Sandlot,” #1932 for men and #W1932 for women, will be imported for men and women in orange, rosewood, burgundy, black/orange, and black/dark brown colors. You state that style “Strikeout,” #1950 for men and #W1950 for women, will be offered for men and women in black, brown, and black/tan. Style “Fullback,” #2392 – 1,2,3 for men and #1392 – 1,2,3 for women, will be offered for men and women in color 1 (black/russet), color 2 (black/tan), and color 3 (black/black). You state that the shoes will be valued over $12.00 per pair. All three styles feature unit-molded lug-like projections, which extend outward approximately 3/16 of an inch from the sole surface and measure approximately 3/16 of an inch to one inch in diameter. The overall walking surfaces of these shoes is relatively even and presents a comfortable surface for everyday walking. You also state that these shoes are marketed as a casual, not athletic shoe. A small round decorative reflector is featured on the backtab of the “Sandlot” and “Strikeout” sample footwear. The “Fullback” has ‘Saucony’ and a three-hole Saucony logo embroidered on the upper portion of the backtab. You have also included a Hyde Authentics catalog illustrating the “Sandlot” and “Strikeout” in each color offered. You state that “Hyde” and “Saucony” are registered trademarks of Saucony, Inc. The applicable subheading for the “Sandlot,” #1932, “Strikeout,” #1950, and “Fullback,” #2392-1,2,3, for men will be 6403.99.6075, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with leather uppers and plastic and/or rubber outer soles, not covering the ankle, for men, youths and boys. The rate of duty will be 8.5% ad valorem. The applicable subheading for the “Sandlot,” #W1932, “Strikeout,” #W1950, and “Fullback,” #1392-1,2,3 for women will be 6403.99.9065, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with leather uppers and plastic and/or rubber outer soles, not covering the ankle, for other persons, valued over $2.50 per pair. The rate of duty will be 10% 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 212-637-7089. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division