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NY A88497



November 01, 1996

CLA-2-64:R:N3:347 A88497

CATEGORY: CLASSIFICATION

TARIFF NO.: 6403.19.40, 6403.19.70

Mr. Colin Lantz
General Manager
La Sportiva
3280 Pearl Street
Boulder, CO 80301

RE: The tariff classification of ice climbing boots from Italy.

Dear Mr. Lantz:

In your letter dated October 3, 1996, you requested a classification ruling for an ice climbing boot named "Trango" which you will be importing from Italy.

The "Trango" has a rigid rubber/plastic sole. You state that the upper is composed of leather with a rubber/plastic "rand" which overlays the leather upper material. This "rand" is a band of rubber encircling the perimeter of the shoe from the sole extending up approximately 2 inches. The "rand" also covers the toe. The boot is held to the foot by a lacing system composed of textile loops and eyelets. You state that the component material of the upper comprising the greatest external surface area is leather.

Although ice climbing and mountaineering is a sporting activity, it is not one of the enumerated sporting activities described in subheading note 1(b) to Chapter 64, (HTS). However, subheading note 1(a), states that "sports footwear" applies 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. The "Trango" has a specially designed indentation at the heel to hold crampons. You included with your ruling request a sample of the crampon designed for use with the "Trango" Examination of the boot with the crampon attached reveals that the specially designed indentation at the heel enables the boot to meet the definition of "sports footwear" as described in subheading note 1(a). The "Trango" is classified as "sports footwear".

The applicable subheading for the "Trango" in American sizes 8 1/2 and larger will be 6403.19.40, (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather, Sports footwear, other for men, youths and boys. The rate of duty will be 6.8 percent ad valorem. The applicable subheading for the "Trango" in American sizes 8 and smaller will be 6403.19.70, (HTS), which provides for footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather, Sports footwear, other, for other persons. The rate of duty will be 6 percent ad valorem.

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

A copy of this ruling letter 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 this ruling, contact National Import Specialist, Richard Foley at (212) 466-5890.

Sincerely,

Roger J. Silvestri
Director

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