HQ 084088: Classification of foot grippers

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 084088

                                    June 13, 1989



          CLA-2:CO:R:C:G  084088  SR

          CATEGORY:  Classification

          TARIFF NO.:  6404.19.35

          Mr. Skip Gray
          A.N. Deringer, Inc.
          Airport Road
          P.O. Box 337
          Houlton, Maine 04730-0337

          RE: Classification of foot grippers

          Dear Mr. Gray:

               This is in reference to your letter dated March 2, 1989,
          requesting the tariff classification of foot grippers under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  A sample produced in Canada was submitted.

          FACTS:

               The merchandise at issue consists of a pair of "super sole
          foot grippers".  This is a footwear item that is worn strapped to
          the bottom of a boot or shoe in order to provide better traction
          on soft surfaces.  The foot gripper has an upper that consists of
          two 1 inch wide textile straps with Velcro-type closures.  It has
          a rubber outsole with 1/4 inch high, molded-in cylinder shaped
          nubs that have protruding metal screw heads/studs which have been
          screwed in.  A rubber insole with a nonskid, textured face has
          been stitched onto the rubber outsole.

          ISSUE:

               What is the classification of the foot gripper?

          LAW AND ANALYSIS:

               The importer states that the foot gripper should be
          classified under 6406.10.4500, HTSUSA, which provides for parts
          of footwear, uppers and parts thereof, formed uppers, other, of
          which over 90 percent of the external surface area is rubber and
          not suitable to be finished into footwear having a foxing or a
          foxing-like band or designed to be worn as protective footwear.  













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               The footwear at issue cannot be classified as part of
          footwear because it is a complete shoe.  The Explanatory Notes
          constitute the official interpretation of the tariff at the
          international level.  General Note A to chapter 64, HTSUSA,
          states that footwear may range from sandals with uppers
          consisting simply of adjustable laces or ribbons to thigh-boots.
          Explanatory Note A(4) to chapter 64, HTSUSA, includes special
          sports footwear which has spikes, sprigs, stops, clips, bars or
          the like.  Chapter Note A(9) includes in the chapter overshoes
          worn over other footwear, even if they are heelless.  The foot-
          grippers do have an upper consisting of textile straps and an
          outer surface of rubber with the screw heads/studs protruding,
          and they are worn over other footwear.  Therefore, the foot-
          grippers must be classified as footwear.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6404.19.35, HTSUSA, as footwear with outer soles of rubber and
          uppers of textile materials, other, with open toes, other.  The
          rate of duty, if this merchandise is considered "goods
          originating in the territory of Canada", is 33.7 percent ad
          valorem under the Special duty rate column.  Otherwise, the
          merchandise is dutiable at the rate of 37.5 percent ad valorem.

               The importer stated that the molded rubber outsole with the
          nubs is a U.S. made component, and the rest of the parts of the
          shoe are manufactured in Canada where are the parts are assembled
          to make the finished product.  Subheading 9802.00.80, HTSUSA,
          provides for articles that are assembled abroad in whole or in
          part of fabricated U.S. components which (a) were exported in
          condition ready for assembly without further fabrication, (b)
          have not lost their physical identity by change in form, shape,
          or otherwise and (c) have not been advanced in value or improved
          in condition abroad except by being assembled and except by
          operations incidental to the assembly process.  Articles that fit
          the requirements of this provision are dutiable on the full value
          of the imported article, less the cost or value of the U.S.
          components as they leave the U.S., if the proper evidence is
          supplied to U.S. Customs at the time of importation.

               The importer also inquired as to whether a sticker is
          sufficient to mark the country of origin.  Section 134.44,
          Customs Regulations (19 CFR 134.44), provides that any marking
          that is sufficiently permanent so that it will remain on the

















                                         -3-

          article until it reaches the ultimate purchaser unless
          deliberately removed is acceptable.  A sticker is sufficient
          marking if it is strong enough to stay on the merchandise during
          normal handling.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division




















































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference