us-cbp-cross-rulings-hq-081095•HQ 081095: Tariff classification of moon boots
HQ 081095: Tariff classification of moon boots
us-cbp-cross-rulings-hq-081095HQ 081095: Tariff classification of moon bootsGuidance
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 081095
July 21, 1988
CLA-2 CO:R:C:G 082095 DSN
CATEGORY: Classification
TARIFF NO.: 700.5700
Mr. Keith Burdette
K.C. Burdette Company, Inc.
45 John Street, Suite 801
New York, New York 10038
RE: Tariff classification of moon boots
Dear Mr. Burdette:
This is in response to your inquiry of January 14, 1988,
in which you requested tariff classification under the Tariff
Schedules of the United States Annotated (TSUSA), and the
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), for seven products from Korea on behalf of Hi-Grade
System Corp. Classification of six of the items was provided
by our New York office. The remaining item, a moonboot, was
submitted for examination to determine classification under the
TSUSA only.
FACTS:
The sample, labelled number six, has an outer surface of
woven fabric with a layer of non-transparent polyurethane
plastic. The coated fabric is considered to be wholly of
rubber or plastic. The inside of the fabric is bonded to a
layer of foam plastic which is bonded on the other side to an
open mesh tricot fabric. The bottom insole is sewn to the
upper. The moonboot features a bootie-liner which is also sewn
to the upper. The bootie-liner is composed of a foam plastic
core bonded on the outside to a open mesh tricot fabric, and is
bonded on the inside to a woven fabric. We do not know how the
article will be completed, but we assume either by a one-color
molded bottom or by a two-color molded bottom.
ISSUE:
Whether the article is unfinished footwear, and if so, is
the method of completion relevant for classification purposes.
- 2 -
LAW AND ANALYSIS:
General Interpretative Rule 10(h) TSUSA, provides that a
tariff description for an article covers such article, whether
assembled or not assembled, and whether finished or not
finished. A leading case interpreting 10(h) with respect to
whether an article is unfinished, is Daisy-Heddon, Div. Victor
Comptometer Corp. v. United States, 66 CCPA 97, C.A.D. 1228
(1979). The court listed five factors to help determine
whether an article should be considered unfinished for tariff
purposes. The five factors are as follows:
1. Comparison of the number of omitted parts with the
number of included parts;
2. comparison of the time and effort required to complete
the article with the time and effort required to
place it in its imported condition;
3. comparison of the cost of the included parts with that
of the omitted parts;
4. the significance of the omitted parts to the overall
functioning of the completed article; and
5. trade customs, i.e., does the trade recognize the
importation as unfinished article or as merely
part of the article.
The court recognized that these factors are merely guidelines
and that fewer than all the above factors, or additional
factors may come into play depending on the particular
merchandise.
With respect to factor number one, this merchandise
consists of three parts; the upper, bootie-liner, and a bottom.
The part that is omitted to fully complete the article is the
molded bottom. However, the merchandise is still recognizable
as a boot, having an upper and a closed bottom that covers the
entire foot.
We do not have the relevant information to address factors
two and three. With respect to factor four, the significance
of the omitted part, namely the type of molded bottom, is
important to the overall functioning of the completed footwear
but not in determining whether the article is substantially
complete, because the complete upper with a full bootie-liner
has been processed to the point of being identified as a boot.
-3 -
An article is unfinished if it has been so far processed toward
its ultimate completed form as to be dedicated to the making of
that article. American Import Co. v. United States, 26 CCPA
72, TD 49612 (1938).
The above case was cited as authority in T.D. 86-144,
which dealt with the issue of whether duck-type footwear was
considered unfinished. We held that the duck-type footwear in
its imported condition was substantially complete footwear
because it was so far processed as to be dedicated to the
making of a class of articles alone, namely, footwear. In that
case, the duck-type footwear upper needed to be stitched and in
some instances an insole inserted. In the instant case, the
article has a full bootie-liner but lacks the molded bottom.
We believe that the above case and the instant case are
similar, in that both articles are substantially complete,
because they give the overall visual impression of finished
footwear, despite their omissions. As previously stated, the
instant merchandise has the shape and look of a boot with an
upper and a closed bottom that covers the foot. Therefore,
applying Daisy-Heddon, classification of this article would be
as unfinished footwear. We note that with respect to factor
five, there is no consensus in the trade as to what constitutes
unfinished footwear.
Having established that the merchandise is to be treated
as unfinished footwear, we look to various methods of
completion in order to determine classification. The article
may be completed by applying either a one or a two color molded
rubber bottom. If a one color molded bottom is applied,
classification would be under item 700.5600 TSUSA. If a two
color molded bottom is applied, we must consider the
possibility of a foxing-like band being present. In such a
case, classification would be under item 700.5700 TSUSA.
General Interpretative Rule 10(d), states that if two or more
tariff descriptions are equally applicable to an article, such
article shall be subject to the duty under the description for
which the original statutory rate is highest. The orginial
statutory duty rate is determined by looking at column two in
the tariff. Item 700.5600 has an original statutory rate of 35
percent ad valorem. Item 700.5700 has an original statutory
rate of 66 percent ad valorem. Since item 700.5700 has the
highest duty rate, that provision is applicable.
- 4 -
HOLDING:
In view of the foregoing, the moonboots are properly
classified under the provision for footwear which is over 50
percent by weight of rubber or plastics or over 50 percent by
weight of fibers and rubber or plastics with at least 10
percent by weight being rubber or plastics, other footwear
designed to be worn over, or in lieu of, other footwear as a
protection against water, oil, grease, or chemicals or cold or
inclement weather, item 700.5700 TSUSA, dutiable at the rate of
37.5 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
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