HQ 084131: Classification of articles of knit footwear

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 084131

                                    June 13, 1989



          CLA-2:CO:R:C:G  084131  SR

          CATEGORY:  Classification

          TARIFF NO.:  6115.93.2000; 6115.99.1800

          Mr. Robert D. Stang
          Grunfeld, Desiderio, Lebowitz & Silverman
          12 East 49th Street
          New York, N.Y. 10017-1062

          RE: Classification of articles of knit footwear

          Dear Mr. Stang:

               This is in reference to your letter dated March 13, 1989,
          requesting the tariff classification of "Beartreads" under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  Samples were submitted.

          FACTS:

               The merchandise at issue is articles of knit footwear with a
          decorative application of a plastic rubber compound on one side.
          The article consists of a sock composed of man-made fiber that
          has a coating/impregnation of a plastic rubber compound that is
          applied in five applications that form the shape of a bear claw.

          ISSUE:

               Whether the merchandise at issue is classifiable as
          footwear.

          LAW AND ANALYSIS:

               Chapter 64, HTSUSA, is the chapter in which footwear is
          classified.  Note 1(a) to chapter 64, HTSUSA, states that this
          chapter does not cover footwear without applied soles, of textile
          material (chapter 61 or 62).

               The importer claims that the merchandise has an applied sole
          because the plastic rubber applications are on the bottom of the
          sock and they are more water-resistant and abrasive than the
          textile portion.  The importer also provides several dictionary
          definitions of the term sole including one from the Dictionary of
          Shoe Industry Terminology, Footwear Industries of America (1986),












                                         -2-

          which defines sole as:

               The bottom piece or pieces of leather or other material of
               footwear.  When used as a collective term, it includes the
               complete bottom part of the shoe, except the heel.

               The plastic rubber coating on the merchandise at issue
          cannot be considered to be an applied sole.  The coating on these
          articles does not cover the complete bottom of the sock.  On one
          of these samples the coating does not even cover half of the
          bottom surface.  The coating is applied in five separate
          irregularly shaped pieces, whereas, an applied sole is usually
          only a single piece.  The plastic is more water resistant
          however, it would not keep the foot dry since it does not cover
          the entire bottom of the foot.  The places on the sock that are
          coated are more abrasive and would have more tread, however the
          coating is not sufficient to be considered an applied sole.

               Because the merchandise at issue does not have an applied
          sole it is classifiable in chapter 61.  Heading 6115, HTSUSA,
          provides for stockings, socks and other hosiery, and footwear
          without applied soles, knitted or crocheted.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          6115.93.2000, HTSUSA, which provides for socks and other hosiery,
          and footwear without applied soles, knitted, other, of synthetic
          fibers, other, if it is made of synthetic fibers.  If the
          merchandise is made of artificial fibers it is classifiable under
          subheading 6115.99.1800, HTSUSA, which provides for socks and
          other hosiery, and footwear without applied soles, knitted,
          other, of other textile materials, of artificial fibers, other.
          For both of these classification numbers the textile category
          number is 632, the rate of duty is 15.5 percent ad valorem under
          the General rate of duty column.

               Due to the changeable nature of the statistical annotation
          (the ninth and tenth digits of the classification) and the
          restraint (quota/visa) categories, you should contact your local
          Customs office prior to importation of this merchandise to
          determine the current status of any import restraints or
          requirements.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division













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