HQ 087489: Decision on Application for Further Review of Protest No. 2704-88-002913.

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 087489

                                  October 17, 1990



          CLA-2:CO:R:C:G  087489  SR

          CATEGORY:  Classification

          TARIFF NO.:  700.64

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

          RE: Decision on Application for Further Review
               of Protest No. 2704-88-002913.

          Dear Sir:

               This protest was filed against your decision in the
          liquidation on April 22, 1988, of entry number 110-0449353-9,
          dated September, 8, 1988, covering a shipment of footwear
          manufactured in Hong Kong.

          FACTS:

               The merchandise at issue is a woman's canvas shoe.  It is of
          injection molded construction with the sole overlapping the
          fabric upper all around the shoe.  The overlap of the upper is
          approximately 1/8 inch at the ball of the foot and about 5/16 of
          an inch in the back.  An elastic band that measures approximately
          1 inch wide by 5 1/2 inches long that is attached to the upper
          just in front of the ankle bone; and it passes through a "T" bar
          coming from the toe area.

          ISSUE:

               Whether the shoe at issue has a foxing-like band.



















                                         -2-

          LAW AND ANALYSIS:

               The protestant claims that the footwear at issue should be
          classified under item 700.59, TSUS, as 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 provided for in item 700.57 and except
          footwear having a foxing or foxing-like band wholly or almost
          wholly of rubber or plastics applied or molded at the sole and
          overlapping the upper.

               This provision would be applicable except for the foxing-
          like band exception.  This shoe is of injected molded
          construction with an overlap that encircles the entire shoe.  The
          sole overlaps the upper 1/8 inch in the front of the shoe and
          5/16 inch in the heel area.  Therefore, this shoe has a foxing-
          like band and cannot be classified under item 700.59, TSUS.

          HOLDING:

               The woman's canvas upper shoes are classifiable under item
          700.64, TSUS, which provides for footwear (whether or not
          described elsewhere in this subpart) 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 a pair.

               The protest is denied.  A copy of this decision should be
          attached to the Form 19 Notice of Action to satisfy the notice
          requirement of section 174.30(a), Customs Regulations.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division