HQ 087260: Decision on Application for Further Review of Protest No. 2704-5-006111.

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 087260

                                  November 7, 1990



          CLA-2:CO:R:C:G  087260  SR

          CATEGORY:  Classification

          TARIFF NO.:  700.64

          District Director of Customs
          300 South Ferry St.
          Terminal Island
          San Pedro, California 90731

          RE: Decision on Application for Further Review
               of Protest No. 2704-5-006111.

          Dear Sir:

               This protest was filed against your decision in the
          liquidation on November 8, 1985, of entry number 85-395187-2,
          dated July 8, 1985, covering a shipment of canvas shoes
          manufactured in China.

          FACTS:

               The merchandise consists of two styles of women's shoes that
          are made by a simultaneous molded construction.  The shoes have
          closed toes and backs and have sewn-on laces.  The protestant
          claims that the shoes are classifiable under item 700.59, Tariff
          Schedules of the United States (TSUS), or item 700.61, TSUS.

          ISSUE:

               What is the classification of the shoes at issue?






















                                         -2-

          LAW AND ANALYSIS:

               Item 700.59, TSUS, provides for footwear which is over 50
          percent by weight of rubber or plastics or over 50 percent by
          weight of fibers and rubber or plastics with at least 10 percent
          by weight being rubber or plastics, other footwear, footwear with
          open toes or open heels; footwear of the slip-on type, that is
          held to the foot without the use of laces or buckles or other
          fasteners, the foregoing except footwear having a foxing or
          foxing-like band wholly or almost wholly of rubber or plastics
          applied or molded at he sole and overlapping the upper.

               Item 700.61, TSUS, provides for footwear which is over 50
          percent by weight of rubber or plastics or over 50 percent by
          weight of fibers and rubber or plastics with at least 10 percent
          by weight being rubber or plastics, other footwear, other,
          footwear having soles of rubber or plastics which are affixed to
          the upper exclusively with an adhesive; the foregoing except
          footwear having a foxing or foxing-like band applied to or molded
          at the sole and overlapping the upper and except footwear with
          soles which overlap the upper other than at the toe or heel.

               The shoes at issue are not classifiable under either of
          these tariff provisions.  They cannot be classified under item
          700.59, TSUS, because they have closed toes and backs and are not
          slip-ons.  They are not classifiable under item 700.61, TSUS,
          because they are made by a simultaneous molded construction, and
          therefore, are not exclusively of adhesive construction.  The
          shoes are excluded from both of these provisions because they
          have a foxing like band.

          HOLDING:

               The shoes at issue are classifiable under item 700.64, TSUS,
          as footwear which is over 50 percent by weight of rubber or
          plastics or over 50 percent by weight of fibers and rubber or
          plastics with at least 10 percent by weight being rubber or
          plastics, other footwear, other, other, other, valued not over
          $3.00 per pair.

               The protest is denied.  A copy of this decision should be
          attached to the Form 19 Notice of Action to satisfy the notice




















                                         -3-

          requirement of section 174.30(a), Customs Regulations.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division