# NY G89265

May 11, 2001

CLA-2-64:RR:NC:TA:347 G89265

CATEGORY: Classification

TARIFF NO.: 6402.99.3040 ; 6406.10.9040

Mr. Eric Hale

Nike USA, Inc.

One Bowerman Drive

Beaverton, OR 97005

RE: The tariff classification of footwear from China

Dear Mr. Hale:

In your letter dated April 11, 2001 you requested a tariff
classification ruling.

The submitted half pair sample, which you identify as "Model
#BBM782-M8-C1 Men's Cool Out," is a below the ankle height slip-on
sandal that has both textile and plastic external surface area upper
component parts. This two piece composite footwear item consists of a
removable, mostly textile (but with also some sewn-in plastic surface
area pieces) bootie that fully encloses the wearer's foot and is
specifically designed to be worn in combination with a unit molded
plastic sandal bottom shell with a plastic outer sole. The bootie
(liner-like) part of this composite unit item encloses the heel, ankle,
instep and toes of the foot while it also fills in all the open spaces
on the external upper surface of its molded plastic shell bottom with
mostly textile external surface area materials. Based on our visual
measurements, we are able to determine that this slip-on sandal, which
you state will be worn as a single unit of footwear with the bootie part
worn over the person's foot while it is also slipped into its
design-related and sized plastic sandal frame, has an upper external
surface area that is predominately plastic. We note that you also
indicate that the bottom plastic shell portion of this uniquely
designed, two sectioned sandal unit can be worn without its specially
fitted bootie, but the bootie part of the upper is not made to be worn
by itself because it only has a soft "phylon foam" applied sole. This
soft "phylon foam" soling material has a pattern of raised circular
surface protrusions to help keep the bootie upper part from sliding
around as it sits on top of the grooved and rubber faced footbed on the
inside surface of its snug fitted, unit molded plastic sandal-like
bottom.

The applicable subheading for this item, identified as "Model
#BBM782-M8-C1 Men's Cool Out" will be 6402.99.3040, Harmonized Tariff
Schedule of the United States (HTS), which provides for footwear, in
which both the upper's and outer sole's external surface is
predominately rubber and/or plastics; which is not "sports footwear";
which does not cover the ankle; in which the upper's external surface
area does not measure over 90% rubber or plastics (including any
accessories or reinforcements); which is not designed to be a protection
against water, oil, or cold or inclement weather; which is of the
slip-on type; and which does not have a foxing or a foxing-like band.
The rate of duty will be 37.5% ad valorem.

You state in your letter that you intend to import this slip-on
bootie/sandal as a single item set, but in the future you may import the
"bootie" part by itself as replacements or to offer the consumer
different color options for wear. If imported separately and based on
the presumption that this textile "bootie" part is not intended or
designed to be worn outside of its plastic shell-type bottom, it will be
classified as parts of footwear, uppers and parts thereof, of textile
materials.

Therefore, the applicable subheading for the removable "bootie" portion
of this two piece composite footwear item, if imported separately, will
be 6406.10.9040, HTS, which provides for parts of footwear, which are
parts of shoe uppers that are less than formed uppers; which are of
textile materials; and in which (we presume) the man-made fibers present
weigh more than the cotton fibers. The rate of duty will be 5.8% ad
valorem.

This removable "bootie" footwear upper part falls within textile
category designation 669. Based upon international textile trade
agreements products of China are subject to quota and the requirement of
a visa.

The designated textile and apparel categories and their quota and visa
status are the result of international agreements that are subject to
frequent renegotiations and changes. To obtain the most current
information, we suggest that you check, close to the time of shipment,
the [U.S. Customs Service Textile Status Report]{.underline}, an
internal issuance of the U.S. Customs Service, which is available at the
Customs Web site at www.customs.gov. In addition, the designated textile
and apparel categories may be subdivided into parts. If so, visa and
quota requirements applicable to the subject merchandise may be affected
and should also be verified at the time of shipment.

We are returning the sample as you requested.

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