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NY K80514




November 7, 2003

CLA-2-64:RR:NC:247:K80514

CATEGORY: CLASSIFICATION

TARIFF NO.: 6402.19.90

Mr. John J. Kenney
Reebok International Ltd.
1895 J.W. Foster Boulevard
Canton, MA 02021

RE: The tariff classification of footwear from China.

Dear Mr. Kenney:

In your letter dated October 30, 2003, you requested a tariff classification ruling for a football shoe with “QUAGMIRE” bottom. You have also submitted a shoe with “WET TURF RAT” bottom for review. Footwear with the “WET TURF RAT” bottom has previously been the subject of NY G86979 dated February 27, 2001 and HQ 964980 dated July 12, 2002. The “WET TURF RAT” bottom has been found not to have spikes, sprigs, cleats, stops, clips, bars or the like. In this regard, footwear made with the “WET TURF RAT” bottom is not “sports footwear” for classification purposes. The sample submitted with the “WET TURF RAT” bottom is being returned to you at your request in a telephone conversation with National Import Specialist, Richard Foley on November 4, 2003. This ruling will address the classification of the submitted sample of footwear style “NFL 4-Speed Mid Quagmire.”

Model “NFL 4-Speed Mid Quagmire” is a man’s over-the ankle, lace-up American football shoe. The upper is rubber/plastic as is the outsole. The outsole substantially overlaps the upper by one-quarter inch or more therefore, the shoe has a foxing or foxing-like band. The outsole exhibits molded cleats. The cleats are one-quarter inch in length, relatively pointed and widely spaced.

Chapter 64 (HTS) Subheading Note 1 provides:

For the purposes of subheadings 6402.12, 6402.19, 6403.12, 6403.19 and 6404.11, the expression “sports footwear” applies only to:

(a) Footwear which is designed for a sporting activity and has, or has the provision for the attachment of spikes, sprigs, cleats, stops, clips, bars or the like;

(b) Skating boots, ski-boots and cross-country ski footwear, snowboard boots, wrestling boots, boxing boots and cycling shoes.

It has long been Customs position that subheading note 1 should be interpreted narrowly. We note that the phrase which states that “”sports footwear” applies only to...” conveys an intent to reasonably limit footwear classified as “sports footwear.”

Customs interpretation of the terms spikes, sprigs, cleats, stops, bars or the like in regards to “sports footwear” has generally been to include projections attached to, or molded into, the soles of sports footwear” to provide traction during outdoor sporting activities such as golf, field sports, (baseball, soccer, American football, rugby etc.) or track & field events. In addition, crampons and similar attachments for rock/ice-climbing boots have also been included as fitting the definition of these terms. However, outdoor recreational footwear, with traction studs, lugs or similar sole projections, suitable for everyday walking have not been considered “sports footwear” as these projections are unlike spikes, sprigs, cleats, stops, clips, bars or the like. It is further our interpretation that all the exemplars listed in the note have relatively sharp points or edges which are designed to dig into the ground (turf or ice). In order to effectively dig into turf or ice, such projections, generally, must be spaced fairly widely apart. The physical characteristics and necessary placement of the exemplar projections tend to render everyday walking in sports footwear impractical.

The sole projections on the subject footwear using “QUAGMIRE” bottom are ¼ inch in length, widely spaced, do not present a flat walking surface, and are relatively sharp and rigid as are the Subheading Note exemplars. In this regard the subject footwear made with the “Quagmire” bottom is “sports footwear” as defined in the Chapter 64, Subheading note 1 (HTS).

The applicable subheading for the “NFL 4-Speed Mid Quagmire” will be 6402.19.90 Harmonized Tariff Schedule of the United States (HTS), which provides for footwear with outer soles and uppers of rubber/plastics, sports footwear, having uppers of which over 90 percent of the external surface area (including accessories or reinforcements) is rubber or plastics, other footwear, valued over $12/pair. The general rate of duty will be 9 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 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 646-733-3042.

Sincerely,

Robert B. Swierupski
Director,

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