# NY I88156 

November 22, 2002

CLA-2-64:RR:NC:347:I88156

CATEGORY: Classification

TARIFF NO.: 6401.99.60, 6406.10.9040

Mr. Larry Kruty

Rallye Footwear Inc.

10310 Boul. Ray-Lawson

Ville d'Anjou, Qc H1J 1M1

RE: The tariff classification of footwear parts from China.

Dear Mr. Kruty:

In your letter dated November 6, 2002, you requested a tariff
classification ruling for four items that you are considering importing
from China. You describe the items as:

a\) Summit Liner: consisting of a tricot and foam with a corduroy collar
and felt insole.

b)  Denver Liner: consisting of man-made material and will.

c)  Summit Upper Style 421B: an nylon backed upper with leather back
    strap, skirt and d-rings.

d)  Summit Rubber Boot Shell: a 100% rubber boot shell with a cotton
    liner moulded on in the inside and a steel shank.

Both "Summit Liner" and "Denver Liner" are textile boot liners. "Summit
Upper, Style 421B" is a textile boot shaft. The applicable subheading
for all three items will be 6406.10.9040, Harmonized Tariff Schedule of
the United States (HTS) which provides for parts of footwear, other,
uppers and parts thereof, other, of textile materials other than cotton,
of man-made fibers. The general rate of duty will be 5.4 percent ad
valorem.

These items fall 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 may be subdivided into
parts. If so, visa and quota requirements applicable to the subject
merchandise may be affected. Part categories are the result of
international bilateral agreements which are subject to frequent
renegotiations and changes. To obtain the most current information
available, we suggest that you check, close to the time of shipment, the
Status Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for inspection
at your local Customs office.

"Summit Rubber Boot Shell" is a rubber boot bottom. The item has a
finished outer sole and an unfinished upper that covers the top and
sides of the foot. The essential character of this item if footwear. The
applicable subheading will be 6401.99.60 (HTS) which provides for
waterproof footwear with outer soles and uppers of rubber or plastics,
the uppers of which are neither fixed to the sole nor assembled by
stitching, riveting, nailing, screwing, plugging or similar processes,
other footwear, other, designed to be worn over, or in lieu of, other
footwear as a protection against water, other. The rate of duty will be
37.5 percent ad valorem.

The submitted samples are not marked with the country of origin.
Therefore, if imported as is, will not meet the country of origin
marking requirements of 19 U.S.C. 1304. Accordingly, the items would be
considered not legally marked under the provisions of 19 C.F.R. 134.11
which states, \"every article of foreign origin (or its container)
imported into the U.S. shall be marked in a conspicuous place as
legibly, indelibly, and permanently as the nature of the article (or
container) will permit, in such manner as to indicate to the ultimate
purchaser in the U.S. the English name of the country of origin of the
article.\"

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 646-733-3042.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division