HQ 083824
April 27 1989
CLA 2:CO:R:C:G 083824 SR
Ms. Anna J. Hettinger
Expeditors International of Washington, Inc.
5180 Smith Road
Denver, Co. 80216
RE: Classification of a hiking boot
Dear Ms. Hettinger:
This is in reference to your letter dated January 30, 1989, requesting tariff classification of a hiking boot under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Italy was submitted.
FACTS:
The merchandise at issue consists of a women's leather hiking boot. The boot submitted is about 6 1/4 inches high and is an over the ankle boot. It has a leather upper that is not
coated with rubber or plastics, and it has a padded leather ankle collar. There is a front lace closure with metal D rings and speed hooks. The outsole is comprised of cemented on thick
molded rubber with molded studs. The studs are about 1/4 inch long and about 1 inch by 3/8 inch in form.
ISSUE:
Whether the boots are classified as sports footwear.
LAW AND ANALYSIS:
Subheading Note 1 to Chapter 64, HTSUSA, states that for the purposes of subheadings 6402.11, 6402.19, 6403.19, and 6404.11, the expression "sports footwear" applies only to footwear which is designed for a sporting activity and has, or has provision for the attachment of spikes, sprigs, cleats, stops, clips, bars or the like.
2
Although the boots at issue have studs built in the sole, the studs are different from the attachments mentioned in Note 1 to Chapter 64, HTSUSA. The studs may make walking easier in soft grass but the sole is basically a normal sole that can be used for everyday walking. The shoes mentioned in the Note are used for active sports in which a participant does a lot of running, sharp turns, and sudden stopping. Therefore, the boots at issue are not "sports footwear".
HOLDING:
The boot at issue are classifiable under subheading 6403.91.9040, HTSUSA, as footwear in which the upper's external surface is predominately leather, in which the outer sole's
external surface is predominately rubber and/or plastics, which is not "sports footwear," which lacks a protective metal toe cap, in which the top of the upper covers the wearer's ankle, in which
the sole is attached to the upper by a means other than welt stitched construction, which is for women, which is not work footwear, and in which the leather of the upper is not pigskin.
The rate of duty is 10 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division