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NY 857386


November 20, 1990

CLA-2-64:S:N:N3D:346 Y 857386

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.15, 6403.91.60, 6403.91.90, 6403.99.90

Bob Rose
Kenko International Inc.
8141 West I-70, Frontage Road North
Arvada, Colorado 80002

RE: The tariff classification of a rock climbing shoe, and hiking boots.

Dear Mr. Rose:

In your letter dated October 17,1990, you requested a tariff classification ruling on two hiking boots and a rock climbing shoe, from Italy.

The samples which you have submitted are described as follows:

Style AFX 370 - Is a hiking boot which covers the ankle. It has a rubber/plastic bottom which is cemented to the upper. The upper is predominantly composed of textile material with suede leather overlays and a plastic band which fully encircles the upper (the band is approximately 3/4 of an inch in height). It has a lace up closure. The boot also has plastic overlays at the top of the tongue and heel portions. Visual examination indicates that the suede overlays account for more than 50 % of the surface of the upper. The sole has numerous molded-in "lugs" to improve traction while walking on the soft ground.

We note that you state in your descriptive literature that the textile upper is coated with polyurethane. This coating is too thin to be a visible coating. You further state that the polyurethane and the rubber band help to keep out and resist moisture. You make no further claim that this boot is a protection against water,oil, grease, chemical or cold or inclement weather. In general, this boot is not significantly warmer or more waterproof than the average hiking boot.

Style AFX 570 - Is a hiking boot which covers the ankle. It has a rubber/plastic bottom which is cemented and to the upper. The upper is composed of leather with a rubber band which fully encircles the upper and ranges in height from 1 to 1 1/2 inches. The boot has a lace up closure. We note that you state in your descriptive literature that this boot is made in men's and women's sizes.

Style SL 1 - Is a rock climbing "slipper". It has a rubber bottom which extends up and covers a majority of the upper. The upper itself is composed of leather suede and has a lace up closure. You do not state whether this shoe is made for men or women. We will presume that it is unisex.

The applicable subheading for Style AFX 370 hiking boot will be 6404.19.15, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear, in which the upper's external surface is predominately of textile materials; in which the external surface of the outer sole is predominately rubber and/or plastics; which is other than "athletic footwear"; which is not designed to be worn in lieu of other footwear as a protection against water,...; and in which the upper's external surface is over 50% leather after every leather accessory and reinforcement present is included as part of the upper's external surface. The rate of duty will be 10.5% ad valorem.

The applicable subheading for Style AFX 570 hiking boots for men, youths and boys will be 6403.91.60, Harmonized Tariff Schedule of the United States (HTS), which provides for certain footwear in Chapter 64. The rate of duty will be 8.5% ad valorem.

The applicable subheading for Style AFX 570 hiking boots for other persons will be 6403.91.90, Harmonized Tariff Schedule of the United States (HTS), which provides for certain footwear in Chapter 64. The rate of duty will be 10% ad valorem.

The applicable subheading for Style SL 1 rock climbing slippers will be 6403.99.90, Harmonized Tariff Schedule of the United States (HTS), which provides for certain footwear in Capter 64. The rate of duty will be 10% ad valorem.

This ruling is being issued under the provisions of Section l77 of the Customs Regulations (l9 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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