HQ 086987: Tariff classification of walking shoes

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 086987

                                     May 22, 1990

            CLA-2 CO:R:C:G  086987 c

            CATEGORY:  Classification

            TARIFF NO.: 6402.99.15

            Peter Friedmann, Esq.
            Lindsay, Hart, Neil & Weigler
            Lawyers
            Suite 200
            1225 19th Street, N.W.
            Washington, D.C. 20036

            RE: Tariff classification of walking shoes

            Dear Mr. Friedmann:

                 In a letter dated April 16, 1990, you inquired as to the
            tariff classification of a women's synthetic walking  shoe
            designated as Avia Model 333.  A pair of these shoes produced
            in Taiwan were submitted for examination.

            FACTS:

                 The upper of these shoes is made primarily from plastic
            pieces which have been stitched together.  However, the upper
            is also comprised of a substantial amount of textile material
            at the back top line and in the narrow space between the top
            eyelet stay pieces (encompassing the top three eyelets) and
            the rest of the upper.  There is also a significant amount of
            textile accessory or reinforcement trim around the entire
            eyelet stay outer edges, and in the embroidered AVIA logo.  It
            is to be noted that the top eyelet stay pieces are also
            accessories or reinforcements.

            ISSUE:

                 Does the Avia model 333 possess a foxing-like band?






















                                         - 2 -


            LAW AND ANALYSIS:

                 T.D. 83-116 lists seven characteristics of a foxing-like
            band.  The fifth characteristic which is relevant here reads
            as follows:

                 A foxing-like band must encircle or substantially
                 encircle the entire shoe.

            The bottom of these shoes is similar to a jogger-type sole
            with an EVA midsole and a rubber outsole cemented to the
            upper.  An examination of the shoes submitted reveals that the
            only overlap of the upper is by the toe bumper. Consequently,
            a foxing-like band is not present because the band does not
            substantially encircle the entire shoe.

            HOLDING:

                 Footwear represented by the sample pair of Avia model 333
            walking shoes is classifiable, if the amount of textile on the
            external surface area of the upper, including all accessories
            and reinforcements, is less than 10 percent, under subheading
            6402.99.15, Tariff Schedule of the United States Annotated, as
            other footwear with outer soles and uppers of rubber or
            plastics, other, having uppers of which over 90 percent of the
            external surface area (including any accessories or
            reinforcements such as those mentioned in note 4(a) to this
            chapter) is rubber or plastics.  The applicable rate of duty
            is 6 percent ad valorem.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division
























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