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HQ 950135


October 25, 1991

CLA-2 CO:R:C:M 950135 LTO

CATEGORY: CLASSIFICATION

TARIFF NO.: 6405.20.30

Ms. Ruth Forrester
Fritz Companies, Inc.
9401 Koenig Circle Drive
Berkeley, MO 63134

RE: Infant bootie; 6404.19; HQ 086349; HQ 088962; HQ 089412; Chapter 64, Note 4(b)

Dear Ms. Forrester:

This is in response to your letter of July 15, 1991 to the District Director, St. Louis, requesting the classification of an infant bootie under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your letter has been referred to this office for a response.

FACTS:

The article in question is an infant bootie with a cotton/corduroy upper and a soft sole. The sole is composed of a twill woven fabric with a non-geometric pattern of rubber/plastic traction dots evenly distributed over the entire surface. The average dot measurement is 2.5 millimeters in diameter and the average distance between the dots is 1.8 millimeters. The surface area of the sole consists of 70 percent textile and 30 percent plastics or rubber material.

ISSUE:

What is the proper classification of the infant bootie under the Harmonized Tariff Schedule of the United States Annotated

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states in pertinent part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes . . . ."

Classification of goods in Chapter 64, HTSUSA, which provides for footwear, is determined by the materials of the upper and the outer soles. Note 4(b) to Chapter 64, HTSUSA, states that "[t]he constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground, no account being taken of accessories or reinforcements such as spikes, bars, nails, protectors or similar attachments." The rubber/plastic traction dots found on the article in question are not excludable as accessories or reinforcements since they do not resemble the given exemplars in Note 4(b). See HQ 088962, dated August 2, 1991; HQ 089412, dated August 7, 1991. 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 bootie's outer sole, the bootie would be classifiable in subheading 6405.20, HTSUSA, which provides for "[o]ther footwear . . . [w]ith uppers of textile materials." If the rubber/plastic traction dots are the constituent material of the outer sole, the bootie would be classifiable in subheading 6404.19, HTSUSA, which provides for "[f]ootwear with outer soles of rubber, [or] plastics . . . and uppers of textile materials . . . [o]ther."

An analysis of the sample bootie reveals that the rubber/plastic dots cover 30 percent of the surface area of the sole, while the textile portion covers 70 percent of the sole's external surface. Moreover, the textile sole is extremely soft and flexible. Under the weight of the wearer, the rubber/plastic dots would recede somewhat into the woven material and thus, more of the fabric would be in contact with the ground than the rubber/plastic. Therefore, it is our opinion that the constituent material of the outer sole of the bootie is the woven fabric, and that, because the upper primarily consists of vegetable fibers (cotton corduroy), the infant bootie is classifiable under subheading 6405.20.30, HTSUSA. See HQ 086349, dated June 25, 1990.

HOLDING:

The infant bootie is classifiable under subheading 6405.20.30, HTSUSA, which provides for "[o]ther footwear . . . [w]ith uppers of textile materials . . . [w]ith uppers of vegetable fibers." The corresponding rate of duty is 7.5 percent ad valorem.

Sincerely,

John Durant, Director

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