CLA-2 CO:R:C:G 086349 NLP
Chief, National Import Specialists Branch 3
U.S. Customs Service
6 World Trade Center
New York, New York 10048
RE: Reconsideration of NYRL 847717-External surface of outersole
of a slipper
Dear Madam:
This is in response to your request, dated January 19,
1990, for a reconsideration of New York Ruling Letter (NYRL),
dated December 13, 1989, which classified infant's booties in
subheading 6405.20.30, HTSUSA. We agree with the classification
in NYRL 847717.
FACTS:
NYRL 847717, dated December 13, 1989, dealt with infant
textile booties. The booties have uppers of cotton corduroy
material with a stitched-on shoelace extending across the front
of each bootie just slightly above the instep. The outer soles
of the booties are made of a woven man-made fiber material with
circular plastic dots. The dots are 1/16 inch in diameter, are
spaced approximately 1/8 inch (on center) and are less than 1/32
inch thick.
The booties were classified in subheading 6405.20.30, which
provides for footwear, in which the outer sole's external
surface is predominately other than rubber, plastics, leather, or
composition leather; in which the upper's external surface is
predominately textile materials; and in which the upper
predominately consists of vegetable fibers. The rate of duty is
7.5 percent ad valorem.
ISSUE:
What is the external surface of the outersole of the infant
booties?
LAW AND ANALYSIS:
Classification of goods in Chapter 64, HTSUSA, which
provides for footwear, is determined by the materials that
comprise the outer soles and uppers. Note 4(b) to Chapter 64,
HTSUSA, states that the constituent material of the outer sole
shall be taken to be the material having the greatest surface
area in contact with the ground, no account being taken of
accessories or reinforcements such as spikes, bars, nails,
protectors or other similar attachments. Customs does not
consider these plastic traction dots to be excludable as
accessories or reinforcements since they do not resemble the
given examples in Note 4(b) to Chapter 64, HTSUSA. Therefore,
the traction dots are part of the material of the outer sole and
they must be considered in determining the composition of the
outer sole.
HRL 081150, dated November 5, 1987, dealt with slippers with
a soft bottom covered with plastic traction dots. This ruling
held that the textile material had the greatest external surface
area in contact with the ground and classified the slipper as
having a predominately textile outer sole.
Though the plastic dots on the booties are close together
and do make contact with the ground, they do not prevent the
exposed textile material from also making contact with the
ground. Given the fact that the dots are small and the sole is
soft, it is our position that the textile material has the
greatest degree of contact with the ground.
HOLDING:
The infants booties are classifiable in subheading
6405.20.30, which provides for footwear, in which the outer
sole's external surface is predominately other than rubber,
plastics, leather, or composition leather; in which the upper's
external surface is predominately textile materials; and in which
the upper predominately consists of vegetable fibers. The rate
of duty is 7.5 percent ad valorem.
NYRL 847717 is hereby affirmed.
Sincerely,
John Durant, Director
Commercial Rulings Division