CLA-2 CO:R:C:M 951936 DWS
Ms. Mary E. Keller
A.W. Fenton Company, Inc.
1452 Donaldson Road
Erlanger, KY 41018-1025
RE: Footwear; Children's Booties; Rubber Traction Dots;
Chapter 64, Note 4(b); 6405.19
Dear Ms. Keller:
Your inquiry of March 23, 1992, to the District Director,
Cleveland, Ohio, concerning the classification of children's
booties under the Harmonized Tariff Schedule of the United States
(HTSUS) has been referred to Customs Headquarters for a reply.
FACTS:
The merchandise consists of children's booties. The upper
is made of cotton, and the outer sole is made of a textile
material with numerous rubber dots placed upon it for traction
purposes. The dots are approximately 1/8 inch in diameter and
are spaced, on center, approximately 1/6 inch apart.
Approximately 45 percent of the surface area of the outer sole is
covered with rubber dots.
ISSUE:
What is the proper classification of the subject children's
booties under the HTSUS?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in
accordance with the General Rules of Interpretation (GRI's),
taken in order. GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.
Chapter 64, note 4(b), HTSUS, provides that "[t]he
constituent material of the outer sole shall be taken to be the
material having the greatest surface in contact with the ground,
no account being taken of accessories or reinforcements such as
spikes, bars, nails, protectors or similar attachments." Customs
does not consider these rubber traction dots to be excludable as
accessories or reinforcements since they do not resemble the
given exemplars in chapter 64, note 4(b), HTSUS. Therefore, the
traction dots are part of the material of the outer sole, and
they must be considered in determining the composition of the
outer sole.
If the textile material is deemed to be the constituent
material of the booty's outer sole, the booty would be
classifiable in subheading 6405.20, HTSUS, which provides for:
"[o]ther footwear: [w]ith uppers of textile materials." If the
rubber traction dots are the constituent material of the outer
sole, the booty would be classifiable in subheading 6404.19,
HTSUS, which provides for: "[f]ootwear with outer soles of rubber
or plastics . . . and uppers of textile materials."
An examination of the surface area of the outer sole shows
that the rubber dots only cover 45 percent of the surface area of
the booty's outer sole. This fact in itself is not conclusive
that more fabric is in contact with the ground than plastic.
However, the construction of the booty makes the outer sole
flexible so that is readily depressed. It appears that the
weight of the wearer of the booty would cause the rubber dots to
recede somewhat into the textile material with the result that
more of the fabric would be in contact with the ground than
rubber.
Therefore, since the constituent material of the outer sole
is the textile material, the booty is classifiable under
subheading 6405.20.30, HTSUS, which provides for: "[o]ther
footwear: [w]ith uppers of textile materials: [w]ith uppers of
vegetable fibers."
HOLDING:
The booty is classifiable under subheading 6405.20.30,
HTSUS. The general, column one rate of duty is 7.5 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division