CLA-2-39:OT:RR:NC:N4:421
Mr. T. Ben Hamadi
Laufer Group International
20415 72nd Avenue South
Suite 160
Kent, WA 98032
RE: The tariff classification of a boot protector from China
Dear Mr. Hamadi:
In your letter dated October 2, 2013, on behalf of Shells LLC, California, you requested a tariff classification ruling.
The sample provided with your request is identified as a boot protector made of thermoplastic urethane. It is designed to be secured onto the bottom of a specific style and size of boot. You suggest classification as parts of footwear in subheading 6406.90.3030, Harmonized Tariff Schedule of the United States (HTSUS). The boot protector is not designed to be incorporated into footwear or to form a part of footwear. Rather, it is a form-fitted shell that fits over the sole of a finished boot. The pliability of the thermoplastic elastomer from which it is constructed allows it to be slipped over the sole of the boot. It can be attached and removed easily and repeatedly. It covers the entire sole of the boot up to and including the beaded stitching that fastens the upper to the sole. It does not cover the top or sides of the foot.
The applicable subheading for the thermoplastic boot protector will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Joan Mazzola at (646) 733-3023.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division