CLA-2-64:R:N3:347 A88497
Mr. Colin Lantz
General Manager
La Sportiva
3280 Pearl Street
Boulder, CO 80301
RE: The tariff classification of ice climbing boots from Italy.
Dear Mr. Lantz:
In your letter dated October 3, 1996, you requested a
classification ruling for an ice climbing boot named "Trango"
which you will be importing from Italy.
The "Trango" has a rigid rubber/plastic sole. You state
that the upper is composed of leather with a rubber/plastic
"rand" which overlays the leather upper material. This "rand" is
a band of rubber encircling the perimeter of the shoe from the
sole extending up approximately 2 inches. The "rand" also covers
the toe. The boot is held to the foot by a lacing system
composed of textile loops and eyelets. You state that the
component material of the upper comprising the greatest external
surface area is leather.
Although ice climbing and mountaineering is a sporting
activity, it is not one of the enumerated sporting activities
described in subheading note 1(b) to Chapter 64, (HTS). However,
subheading note 1(a), states that "sports footwear" applies to
footwear which is designed for a sporting activity and has, or
has provision for the attachment of spikes, sprigs, cleats,
stops, clips, bars or the like. The "Trango" has a specially
designed indentation at the heel to hold crampons. You included
with your ruling request a sample of the crampon designed for use
with the "Trango" Examination of the boot with the crampon
attached reveals that the specially designed indentation at the
heel enables the boot to meet the definition of "sports footwear"
as described in subheading note 1(a). The "Trango" is classified
as "sports footwear".
The applicable subheading for the "Trango" in American
sizes 8 1/2 and larger will be 6403.19.40, (HTS), which provides
for footwear with outer soles of rubber, plastics, leather or
composition leather and uppers of leather, Sports footwear, other
for men, youths and boys. The rate of duty will be 6.8 percent
ad valorem. The applicable subheading for the "Trango" in
American sizes 8 and smaller will be 6403.19.70, (HTS), which
provides for footwear with outer soles of rubber, plastics,
leather or composition leather and uppers of leather, Sports
footwear, other, for other persons. The rate of duty will be 6
percent ad valorem.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter 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 this ruling, contact National Import Specialist,
Richard Foley at (212) 466-5890.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division