CLA-2:CO:R:C:G 087541 SR
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.
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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.
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(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,
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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