HQ 086269: Athletic shoe uppers

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 086269

                         April 17, 1989

CLA-2 CO:R:C:G  086269  NLP

CATEGORY:  Classification

TARIFF NO.: 6406.10.8040

Mr. Jack M. Smith
Saint Crispin Shoe Corporation
P.O. Box 231
Station 6
Ponce, Puerto Rico 00732

RE:  Athletic shoe uppers

Dear Mr. Smith:

     This is in response to your letter dated December 19, 1989,
requesting a tariff classification of athletic shoe uppers under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).  A sample of the athletic shoe upper was submitted for
our examination.

FACTS:

     The instant athletic shoe uppers are a product of the
Dominican Republic and are principally used for the manufacture
of tennis shoes.  The exterior fabric of the upper is comprised
of 100 percent polyester.  The tongue binding and heel seat are
comprised of polyester terry cloth.  The shoe is lined with nylon
tricot.  The eyelets are made of aluminum.

ISSUE:

     What is the HTSUSA tariff classification of the athletic
shoe upper?

LAW AND ANALYSIS:

     The General Rules of Interpretation (GRI's) set forth the
manner in which merchandise is to be classified under the
HTSUSA.  GRI 1 provides that classification is determined first
according to the terms of the headings of the tariff and any
relative section or chapter notes and, unless otherwise required,
according to the remaining GRI's, taken in order.










     U.S. Note 4 to Chapter 64, HTSUSA, provides in pertinent
part the following:

               ...[p]rovisions for "formed uppers" covers uppers,
               with closed bottoms, which have been shaped by
               lasting, molding, or otherwise but not by simple
               closing at the bottom.

The athletic shoe upper is clearly not a formed upper since its
bottom is completely open and it has not been shaped by lasting.
Therefore, the athletic shoe upper is classifiable in subheading
6406.10.8040, which provides for parts of footwear; uppers and
parts thereof, other than stiffeners, other, other, other, of
textile materials other than cotton: of man-made fibers.

      Products of the Dominican Republic classifiable in this
tariff provision are eligible for duty-free treatment under the
Caribbean Basin Economic Recovery Act (CBERA) (19 U.S.C. 2701-
2706) except for the categories of articles set forth in General
Note 3(c)(v)(D), HTSUSA.  Included in these categories are:

          (3)  textile and apparel articles--

               (I)  of cotton, wool, or fine animal hair, man-
                    made fibers, or blends thereof in which
                    those fibers, in the aggregate, exceed in
                    weight each other single component fiber
                    thereof;

In the instant case, the man-made textile fiber comprises
practically all of athletic shoe upper.  Thus, the athletic shoe
upper is not eligible for duty-free treatment under the CBERA.

HOLDING:

     The athletic shoe upper is classifiable in subheading
6406.10.8040, which provides for parts of footwear; uppers and
parts thereof, other than stiffeners, other, other, other: of
textile materials other than cotton: of man-made fibers.  The
rate of duty is 9 percent ad valorem.  The textile category is
669.

     The designated textile and apparel category may be
subdivided into parts.  If so, the visa and quota requirements
applicable to the subject merchandise may be affected.  Since
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 updated weekly and
is available for inspection at your local Customs office.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division