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