us-cbp-cross-rulings-hq-084067•HQ 084067: Classification of shoes with textile bows
HQ 084067: Classification of shoes with textile bows
us-cbp-cross-rulings-hq-084067HQ 084067: Classification of shoes with textile bowsGuidance
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 084067
June 13, 1989
CLA-2:CO:R:C:G 084067 SR
CATEGORY: Classification
TARIFF NO.: 6404.19.35
Mr. Fred M. Hall
Fred Hall & Associates Inc.
P.O. Box 610867
DFW Airport, Texas 75261-0867
RE: Classification of shoes with textile bows
Dear Mr. Hall:
This is in reference to your letter dated March 1, 1989,
requesting the tariff classification of shoes with bows under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA). The shoes are made in Hong Kong and Taiwan. A sample
was submitted.
FACTS:
The merchandise at issue is a women's shoe with a textile
upper. The shoe will come with either a sewn-on matching textile
bow or with a clip-on textile bow.
ISSUE:
Whether the sewn-on bow or the clip-on bow are considered to
be part of the exterior surface area of the shoe.
LAW AND ANALYSIS:
The bow that is stitched on to the shoe is considered to be
a loosely attached appurtenance. This bow will not be considered
to be to be a part of the external surface area even if the
provision includes accessories and reinforcements as part of
-2-
the external surface area. However, in weighing the shoe the bow
should be included in the total weight of the shoe.
Headquarters Ruling Letter (HRL) 082661 dated October 17,
1988, also dealt with a shoe with a sewn-on bow. This ruling
held that loosely attached appurtenances are totally disregarded
in external surface measurements.
The clip-on bow is meant to be an optional adornment. It
will be matched in color with the shoe and will be in the same
retail package as the shoe but will not necessarily be worn.
Classification of goods under the HTSUSA is in accordance with
the General Rules of Interpretation (GRI), taken in order.
Under GRI 3(b) goods consisting of different components are
classified as if they consisted of the material or component
which gives them their essential character. The essential
character of a shoe with a clip on bow is imparted by the shoe
and therefore, would be classified under the provision applicable
to the shoe.
The shoe at issue has a sole of rubber or plastics and has
an upper of textile material. Heading 6404, HTSUSA, provides for
footwear with outer soles of rubber or plastics and uppers of
textile materials.
HOLDING:
The submitted sample shoe with a loosely attached
appurtenance or a clip-on bow is classifiable under subheading
6404.19.35, HTSUSA, which provides for footwear with outer soles
of rubber, or plastics and uppers of textile materials, footwear
with outer soles of rubber or plastics, other, footwear of the
slip-on type that is held to the foot without the use of laces or
buckles or other fasteners, other. The rate of duty is 37.5
percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6 cc A.D. New York Seaport
1 cc Durant
1 cc legal reference
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