HQ 087541: Shoe spikes

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 087541

                                  October 11, 1990



          CLA-2:CO:R:C:G  087541  SR

          CATEGORY:  Classification

          TARIFF NO.:  6406.99.90

          Ms. Leah M. Poudrier
          Weissenfels, Inc.
          44 Amaral Street
          East Providence, R.I. 02915

          RE:  Shoe spikes

          Dear Ms. Poudrier:

               This is in reference to your letter of June 5, 1990,
          requesting the tariff classification of shoe spikes under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Samples produced in Italy were submitted.

          FACTS:

               The merchandise at issue is a pair of removable shoe spikes
          that are designed to provide traction to shoes on ice or snow.
          The metal studs are 3/16 of an inch thick and are riveted to a
          fluted rubber pad that serves as a partial outer sole.  The
          rubber pad is somewhat triangular in shape with a base that is 3
          inches in width and 2 1/2 inches long.  The small end of the pad,
          which faces the wearer's  shoe, splits into two rubber strips
          that wrap around the back of the shoe to hold the shoe spikes in
          place.  The strips are approximately 1/2 inch in width and 8
          inches in length.  They interlock by means of a rubber rivet
          which allows the spikes to be adjusted in length to wrap around
          the wearer's shoe.  The top of the pad has a 2 1/4 inch wide slot
          which is designed to be stretched over the toe of the wearer's
          shoe.  The spikes are designed to be positioned under the ball of
          the wearers foot.  

















                                         -2-

          ISSUE:

               Whether the shoe spikes are classifiable as parts of
          footwear or as metal shoe protectors.

          LAW AND ANALYSIS:

               Heading 6406, HTSUSA, provides for parts of footwear;
          removable insoles, heel cushions and similar articles; gaiters,
          leggings and similar articles, and parts thereof.  The
          Explanatory Notes provide the official interpretation of the
          tariff at the international level.  The Explanatory Notes to
          heading 6406, HTSUSA, provide the following:

               This heading covers:

               (A)    The various component parts of footwear; these parts
                      may be of any materials except asbestos.

                        Parts of footwear may vary in shape according to
                      the types or styles of footwear for which they are
                      intended.  They include:

                      (1)  Parts of uppers (e.g., vamps, toecaps, quarters,
                      legs, linings and clog straps), including pieces of
                      leather for making footwear cut to the approximate
                      shape of uppers.

                      (2)  Stiffeners.  These may be inserted between the
                      quarters and lining, or between the toecap and
                      lining, to give firmness and solidity at these parts
                      of the footwear.

                      (3)  Inner, middle and outer soles, including half
                      soles or patins; also in-soles for gluing on the
                      surface of the inner soles.

                      (4)  Arch supports or shanks and shank pieces
                      (generally of wood, leather, fibreboard or plastics)
                      for incorporation in the sole to form the curved arch
                      of the footwear.





















                                         -3-

                      (5)  Various types of heels made of wood, rubber,
                      etc., including glue-on, nail-on and screw-on types;
                      parts of heels (e.g., top pieces).

                      (6)  Studs, spikes, etc., for sports footwear.

                      (7)  Assemblies of parts (e.g., uppers, whether or
                      not affixed to an inner sole) not yet constituting
                      nor having the essential character of footwear as
                      described in headings 6401 to 6405.

               (B)    The following fittings (of any material except
                      asbestos) which may be worn inside the footwear:
                      removable in-soles, hose protectors (of rubber,
                      rubberized fabric, etc.) and removable interior heel
                      cushions.

               The shoe spikes do not have an upper with an applied sole;
          therefore, they cannot be classified as footwear.   However, they
          can only be worn when attached to a shoe or boot.   They are
          spikes, however, they are not necessarily used on sports
          footwear.

               The shoe spikes are similar to removable outer soles.
          Although most of the items that are listed under this provision
          are parts that will be permanently affixed to a shoe, some
          articles, such as removable insoles and hose protectors, are also
          classifiable under this provision.  The shoe spikes are outer
          soles that are similar to footwear parts that are listed in this
          provision.

               Subheading 6406.20.00, HTSUSA, provides for parts of
          footwear, outer soles and heels of rubber or plastics.  The shoe
          spikes are composed of rubber and metal.  The metal spikes impart
          the essential character of the shoe spikes.  Therefore they are
          not classifiable under subheading 6406.20.00, HTSUSA.

          HOLDING:

               The shoe spikes at issue are classifiable under subheading
          6406.99.90, HTSUSA, which provides for parts of footwear;
          removable insoles, heel cushions and similar articles; gaiters,




















                                         -4-

          leggings and similar articles, and parts thereof, other, of other
          materials, other.  The rate of duty is 18 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division