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NY G80057




August 10, 2000

CLA-2-64:CO:CH:JJB D10 G80057

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.99.90

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

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

Dear Mr. Gellert:

In your letter dated July 24, 2000, you requested a classification ruling of a rock climbing shoe from Italy.

You included a sample pair of shoes, designated as the “Paranoia” style or as style number 940086, and your catalog which includes this style.

This shoe is below the ankle and has an outer sole of rubber, with no spikes, cleats, nor any provision for the attachment of spikes or cleats or the like. Although this shoe is designed specifically for rock climbing, it does not satisfy the tariff definition of sports footwear because it lacks spikes, cleats or similar attachments. You pointed out the wide bands of rubber, which you call rands, which begin at the sole and cover much of the upper. The upper also has a significant portion of leather above the rubber rands. From our examination, it seems apparent that the upper has an external surface area which is predominately of rubber. This shoe does not have any feature that would be protective against water or inclement weather. The shoe is held to the foot with laces. In a telephone conversation with Customs subsequent to your ruling request, you stated that these shoes will be imported at a price of more than $12.00 a pair.

The applicable subheading for this shoe, designated as the “Paranoia” style or as style number 940086, will be 6402.99.90, Harmonized Tariff Schedule of the United States (HTS), which provides for other footwear with outer soles and uppers of rubber or plastics: other than sports footwear, etc.: not covering the ankle: which has uppers of which not over 90 % of the external surface area is rubber or plastics and are also other than protective footwear and other than open toe, open heel or slip-on footwear: valued over $12.00. The duty rate will be 20%.

The sample pair of shoes and the catalog are being returned as you requested.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 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,

Robyn Dessaure Port Director
Chicago, Illinois

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