The tariff classification of footwear from Vietnam and China

N236106 December 31, 2012 CLA-2-64:OT:RR:NC:N4:447 Ms. Sally Gifford Adidas Group 1895 J.W. Foster Blvd. Canton, MA 02021 TARIFF NO.: 6402.99.4960, 6404.11.9020 RE: The tariff classification of footwear from Vietnam and China Dear Ms. Gifford: In your letter dated November 27, 2012 you requested a tariff classification ruling for women’s and men’s footwear. The submitted half-pair sample identified as PGSC #V51783, style “R Crossfit Slide,” is a women’s size 7 open toe/open heel sandal with a rubber or plastics outer sole. The upper consists of two approximately 2 ½ inch wide rubber or plastics straps at the instep which Velcro® together and secure the sandal to the wearer’s foot. There is textile edging stitched to the upper straps (an accessory or reinforcement), which when added back into the upper’s external surface area measurement, accounts for more than 10% (28.7%) of the upper’s external surface area. The applicable subheading for the women’s sandal identified as PGSC# V51783, style “R Crossfit Slide” will be 6402.99.4960, Harmonized Tariff Schedule of the United States (HTSUS), which provides for footwear with outer soles and uppers of rubber or plastics: other footwear: other: other: not having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics; other: footwear with open toes or open heels; other: other: for women. The rate of duty will be 37.5 percent ad valorem. The submitted half-pair sample identified as PGSC #V53772, style “Zig Carbon,” is a men’s size 9 lace-up “running” shoe with a predominately textile upper. The rubber or plastics outer sole is flexible and would be capable of being used in athletic activities requiring fast footwork or extensive running. Therefore, we agree with your suggested classification under subheading 6404.11.9020, HTSUS, which provides for in pertinent part; Sports footwear; tennis shoes, basketball shoes, gym shoes, training shoes and the like. You provided an F.O.B. value over $12/pair. The applicable subheading for the men’s “running” shoe identified as PGSC #V53772, style “Zig Carbon” will be 6404.11.9020, 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: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $12.00/pair: for men: other. The rate of duty will be 20% 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/. 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