CLA-2-64:OT:RR:NC:N2 247

William Maloney
Sandler, Travis & Rosenberg, P.A.
675 Third Avenue - Suite 2425
New York, NY 10017

RE: The tariff classification of traction overshoes from China, Vietnam and Korea

Dear Mr. Maloney:

In your letter dated June 3, 2025, you requested a tariff classification ruling on behalf of your client, Implus Footcare, LLC. A sample of three products were submitted, examined, and will be returned.

The Yaktrax® brand products are designed to fit over shoes or boots to provide traction on rough, snow- or ice-covered terrain while running, hiking, trekking, and climbing.

The sample upper of the Yaktrax® RUN™ traction overshoe consists primarily of rubber/plastics around the perimeter of the foot. A textile webbing strap, with a hook and loop closure, is located across the top of the foot. This strap measures approximately ¾ inch wide and is covered with rubber/plastics on its external surface. Two nylon webbing straps measuring approximately ½ inch wide each, converge to connect the rubber/plastics near the toes to the ¾ inch strap at the center over the foot. The external surface of the straps is partially covered with reflective rubber/plastics. The outer sole consists of two rigid rubber /plastics pieces set within flexible rubber/plastics under the middle and forefoot. The rigid pieces are inset with three 3mm carbide steel studs each. The back half of the outer sole consists of flexible rubber/plastics straps wrapped with 1.4 mm steel coils, arranged in a diamond or X pattern. This product is designed for running on packed snow and ice. The Yaktrax® RUN™ will be imported from Vietnam.

The sample of the Yaktrax® Ascent™ has an upper consisting of a thick, stretchable rubber or plastics band that fits securely around the upper’s sides of a boot or a shoe. Heavy-duty stainless-steel chains secure multiple ½ inch steel spikes under the foot. There are six forward-facing spikes at the toe for digging into slopes on steep ascents, eight under the forefoot, and three on a three-point heel piece. The product is designed for back country excursions and wilderness exploration. It will be retail packed with a small textile carry bag with a slide fastener closure. The Yaktrax® Ascent™ will be imported from Korea. The Yaktrax® Summit™ is designed for hikes and backcountry treks on snow, ice, and low rock ledges. The sample has an upper of predominantly rubber/plastics and a closure system consisting of a cord connecting the various upper components and a dial at the back of the heel to tighten the fit. The bottom consists of carbon steel plates forming 3/8-inch spikes that are set into four rubber or plastics pieces. Two spike plates are positioned under the forefoot and two are positioned under the heel. They are held in place with heavy-duty steel chains that are riveted to the upper. The Yaktrax® Summit™ will be retail packed with a small draw-string textile pouch and imported from China.

You suggest classification of these products under subheading 9506.99.6080, Harmonized Tariff Schedule of the United States (HTSUS), the provision for articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table-tennis) or outdoor games, not specified or included elsewhere. We disagree. While you indicate that the items may be worn while running, trekking, or hiking, nothing about their design or features precludes their use at other times; i.e., to provide traction on ice or snow. More, specifically, items with uppers and outer soles worn over footwear are more specifically provided for elsewhere.

The applicable subheading for the Yaktrax® RUN™ overshoe will be 6402.99.3165, HTSUS, which provides for Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4 (a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: For women: Other. The general rate of duty will be 6 percent ad valorem.

The applicable subheading for the Yaktrax® Ascent™ and the Yaktrax® Summit™ will be 6405.90.9060, HTSUS, which provides for Other footwear: Other: Other: Other. The general rate of duty will be 12.5 percent ad valorem.

Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheading 6405.90.9060, HTSUS, listed above.

Effective April 5, 2025, Executive Orders implemented Reciprocal Tariffs. All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheadings 6402.99.3165 and 6405.90.9060, HTSUS, listed above.

The tariffs and additional duties cited above are current as of this ruling’s issuance. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact National Import Specialist Stacey Kalkines at [email protected].
Sincerely,

(for)
Steven A. Mack
Director
National Commodity Specialist Division