HQ 951152: Gravel Guard; Explanatory Note 64.06(II)

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 951152
                        February 24, 1992


CLA-2 CO:R:C:M 951152 DWS

CATEGORY: Classification

TARIFF NO.: 6406.99.1540

Ms. Karen R. Conner-Duff
Import Manager/Customs Coordinator
Nelson/Weather-Rite
P.O. Box 14488
Lenexa, KS 66215-0488

RE: Gravel Guard; Explanatory Note 64.06(II)

Dear Ms. Conner-Duff:

     This is in response to your letter of December 1, 1991,
concerning the classification of gravel guards under the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).

FACTS:

     The subject gravel guard is designed to be worn around the
top of a boot.  The guard consists of neoprene rubber sandwiched
between two layers of textile fabric.  Its shape is that of a
short tube and it is used to prevent gravel and other debris from
entering the boot top.

ISSUE:

     What is the proper classification of the subject gravel
guard under the HTSUSA?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's),
taken in order.  GRI 1 provides that classification is determined
according to the terms of the headings and any relative section
or chapter notes.

     Heading 6406, HTSUSA, provides for: "[p]arts of footwear;
removable insoles, heel cushions and similar articles; gaiters,
leggings and similar articles, and parts thereof."  In
understanding the language of heading 6406, HTSUSA, the
Harmonized Commodity Description and Coding System Explanatory
Notes may be utilized.  The Explanatory Notes, although not
dispositive, are to be used to determine the proper
interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August
23, 1989).  Explanatory Note 64.06(II) (p. 880), HTSUSA, states,
in part:

            GAITERS, LEGGINGS, AND SIMILAR ARTICLES,
                        AND PARTS THEREOF

     [t]hese articles are designed to cover the whole or part of
     the leg . . .  They differ from socks and stockings,
     however, in that they do not cover the entire foot . . .
     They may be made of any material . . .  They include
     gaiters, . . . and similar articles.

     In Webster's II New Riverside University Dictionary, the
term "gaiter" is defined, in part, as "[a] leather or cloth
covering for the legs extending from the instep to the ankle or
knee."

     We find that, under Explanatory Note 64.06(II), HTSUSA, the
gravel guard is an article similar to a gaiter.  The guard is
designed to cover part of the leg, namely at the top of a boot,
and it obviously does not cover the entire foot.  The uses of the
gravel guard and the gaiter are similar in that they are both
created to keep debris from entering into footwear.  It is our
position that these aspects qualify the guard as a "similar
article" under heading 6406, HTSUSA.

HOLDING:

     The subject gravel guard is classifiable under subheading
6406.99.1540 (quota category 659), HTSUSA, which provides for:
"[g]aiters, leggings and similar articles: [o]ther: [o]f other
materials: [o]f textile materials: [o]f man-made fibers:
[o]ther."  The general, column one duty is 17 percent ad
valorem.

     The designated textile and apparel category may be
subdivided into parts.  If so, the visa and quota category
requirements applicable to the subject merchandise may be
affected.  Since part categories are the result of international
bilateral agreements which are subject to frequent renegotiations
and changes, to obtain the most current information available, we
suggest you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an issuance
of the U.S. Customs Service, which is updated weekly and is
available at your local Customs office.


     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to the importation of this merchandise to
determine the current status of any import restraints or
requirements.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division