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February 3, 1999

CLA-2-64:RR:NC:TP:347 D87161

CATEGORY: CLASSIFICATION

TARIFF NO.: 6404.19.90

Mr. Ryan Gellert
Black Diamond Equipment Ltd.
2084 East 3900 South
Salt Lake City, UT 84124

RE: The tariff classification of a textile rock climbing shoe from Italy.

Dear Mr. Gellert:

In your letter dated January 20, 1999, you requested a tariff classification ruling.

You have submitted a sample of what you state is a rock climbing shoe. You have not provided any style names or numbers for the sample. You state that the soles will consist entirely of rubber and the uppers will be made up of a textile material. You also state that the material you refer to as the “rand,” which we assume to be the material covering the juncture between the sole and upper, is made up of rubber. The rand extends upward and covers most of the upper as well. The eyelet stay, which we believe is made of rubber/plastic, will not be included in our measurement of surface area since it does not contribute added structure to the shoe. Visual examination of the shoe indicates that the textile portion constitutes the greatest external surface area of the upper (ESAU).

The applicable subheading for the rock climbing shoe will be 6404.19.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the upper external surface is predominately textile materials, in which the outer sole’s external surface is predominately rubber and/or plastics, which is not “athletic” footwear, which is not designed to be a protection against water, oil, grease or chemicals or cold or inclement weather, which has neither open toes or open heels, and which is valued over $12.00 per pair. The rate of duty will be 9% 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 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, contact National Import Specialist Richard Foley at 212-637-7089.

Sincerely,

Robert B. Swierupski
Director,

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