HQ 084070: Hobble boot

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084070

                                    June 23, 1989

          CLA-2 CO:R:C:G:  084070

          CATEGORY:  Classification

          TARIFF NO.:  4016.99.25

          Mr. A.T. Docal
          Docal Associates, Inc.
          Woodbridge Professional Center South
          264 Amity Road, Suite 208
          Woodbridge, Connecticut 06525

          RE:   Hobble boot

          Dear Mr. Docal:

                By letter dated February 23, 1989, you requested a tariff
          classification ruling for a set of articles called a "HobbleBoot"
          and "Textube" bandage under the Harmonized Tariff Schedule of the
          United States Annotated (HTSUSA).  Your request has been
          forwarded to this office for a reply.

          FACTS:

                The elasticized tubular bandage is designed to fit over a
          dressing.  The HobbleBoot is an item designed to be worn over the
          injured and treated or bandaged hoofs of cattle to keep them
          clean and dry, preventing infection or contamination during
          healing.  The HobbleBoot, manufactured in England, is designed to
          aid in the treatment of two types of injuries:

                1.      Rotten hoof:  after prolonged standing/walking on
                        wet ground, a hoof may rot.  The boot and bandage
                        keep the hoof dry and clean to facilitate healing.

                2.      Cuts:  the boot may be worn to facilitate healing
                        of cuts and bruises by keeping the hoof dry.

                The HobbleBoot is manufactured by dipping a 50 percent
          cotton, 50 percent rayon knitted sock into latex rubber, which is
          then vulcanized.  Two straps with fasteners are then attached to
          the boot.  The boot is packaged with two elasticized tubular
          bandages which are open on each end.

















                                        - 2 -

          ISSUE:

                Is a set of goods consisting of two cloth bandages and
          protective outerwear for cattle, which is designed to aid in the
          healing of the hoofs of cattle, classifiable under (1) heading
          3005, HTSUSA, covering wadding, gauze, bandages and similar
          articles put up in forms or packings for retail sale for medical,
          surgical, dental or veterinary purposes, (2) heading 4201,
          HTSUSA, covering saddlery and harness for any animal or (3) under
          heading 9021, HTSUSA, covering orthopedic appliances, including
          crutches, surgical belts and trusses, splints and other fracture
          appliances, or (4) under any other heading.

          LAW AND ANALYSIS:

                For purposes of the discussion of headings 4201 and 9021,
          we assume that the packaged article is classifiable as a set and
          that the boot gives the set its essential character.

                Heading 4201, HTSUSA, covering saddlery and harness for any
          animal is not an appropriate classification for these items.  The
          the terms "saddlery" and "harness" cover items comprising a seat,
          equipment used to attach a pack, or articles made of straps to
          fasten, control or direct an animal.  Definition of the word
          "saddle," Webster's II New Riverside University Dictionary (1984)
          at p. 1030; Definition of the term "harness," Webster's II New
          Riverside University Dictionary (1984) at p. 565-6.  Although the
          Explanatory Notes broaden the application of the heading to
          include, among other things, boots for horses, nothing in the
          Explanatory Notes indicates that heading 4201 was intended to
          include items designed for healing purposes.  The items
          enumerated by the Explanatory Notes are for general use and are
          utilized under normal circumstances, not for medical purposes.

                The boot and bandage set is not classifiable under heading
          9021, HTSUSA, covering orthopedic appliances, including crutches,
          surgical belts and trusses, splints and other fracture
          appliances, since it does not correct for a "defect" or
          "disability"--terms which do not refer to temporary injuries--and
          since it is not designed for the healing of fractures.

                The HobbleBoot is not classifiable under heading 3005,
          HTSUSA, covering wadding, gauze, bandages and similar articles
          put up in forms or packings for retail sale for medical,
          surgical, dental or veterinary purposes.  The boot itself may,
          arguably, be nothing more than a bandage, or, at the least, an
















                                        - 3 -

          article "similar to" a bandage.  Its construction is necessarily
          sturdy because of the animal, and the part of the animal, on
          which it is to be used.  Nothing in the HTSUSA or the Explanatory
          Notes, which constitute the official interpretation of the HTSUSA
          at the international level, require that bandages and similar
          articles be of non-sturdy construction.  However, the boot
          functions to keep a bandage and dressing dry and clean.  It is
          protective outerwear and is not, in and of itself, similar to the
          types of articles known as bandages which are used to dress or
          bind up wounds.

                Absent a more specific provision, the boot, together with
          the elasticized tube bandages, are classified under the provision
          for other articles of vulcanized rubber in heading 4016,
          subheading 4016.99.25, HTSUSA, if of natural rubber.  The boot
          and bandage are put up in a manner suitable for retail sale, are
          put together to meet the particular need in protecting a bandaged
          hoof, and are prima facie classifiable in two different
          provisions (e.g., headings 4016 and 3005), and are classifiable
          as a set put up for retail sale with the essential character
          taken from the boot.

          HOLDING:

                The HobbleBoot and elasticized bandages, packaged together
          for retail sale, are classified in subheading 4016.99.25, HTSUSA,
          if of natural rubber, and dutiable at 4.2 percent ad valorem.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division