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NY F84789




April 4, 2000

CLA-2-64:RR:NC:TP:347 F84789

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.19.90

Mr. John B. Pellegrini
Ross & Hardies
Park Avenue Tower
65 East 55th street
New York, NY 10022-3219

RE: The tariff classification of sports footwear with a spike kit from China.

Dear Mr. Pellegrini:

In your letter dated March 24, 2000, written on behalf of your client, adidas America, Inc., you requested a tariff classification ruling.

You have submitted a sample of what you state is a “track and field” shoe with a rubber/plastic upper and outer sole. You state that model “ADISTAR LIGHT,” article no. 667332, is a man’s lace-up shoe that does not cover the ankle. The upper is a combination of rubber/plastics and textile materials, with rubber/plastics predominating. The shoe has a rubber/plastic outer sole with molded rubber/plastic spikes and cleats in the forefoot area. These molded spikes protrude more than ¼ inch from the surface of the outer sole. In addition, the outer sole also features provisions for the attachment of six metal spikes which are attached by screwing in to threaded receptacles on the surface of the outer sole, also in the forefoot area. The price of the footwear exceeds $12.00 per pair. You state the footwear will be produced in a variety of countries including Indonesia, Thailand and the People’s Republic of China. The spikes will be produced in Germany. The other components of the spike kit will be produced in Korea.

You state that the footwear will be imported and sold at retail with a spike kit. The kit consists of 12 to 15 metal spikes, a wrench head, and a plastic case suspended on a braided cord. You state the wrench head fits into a receptacle in the case that acts as the wrench handle. The case measures approximately 2 ½ in diameter. The cost of the kit will be approximately $2.00.

You ask whether the footwear and the spike kit are classifiable as sets. We feel the footwear and spike kit is better defined as composite goods for customs purposes. The Explanatary Notes for GRI 3(b) define composite goods as (1) adapted to one another, (2) mutually complementary, and (3) together they form a whole that would not normally be offered for sale separately. They are adapted to one another since the metal spikes are adapted to fit the receptacles on the surface of the outer sole and the receptacles are sized to fit the metal spikes. They are mutually complementary since the components are designed to be worn together, and because the metal spikes are made to fit the receptacles on the surface of the outer sole, they would not be offered for sale as separate articles.

A composite good is classified according to the component that gives it its essential character. Since the essential character is imparted by the footwear, the applicable subheading for the shoes will be 6402.19.90, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles and uppers of rubber or plastics, sports footwear, having an external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) which is not over 90% rubber or plastics, other, 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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