us-cbp-cross-rulings-hq-084342•HQ 084342: Tariff Classification of a child's winter boot made in Italy
HQ 084342: Tariff Classification of a child's winter boot made in Italy
us-cbp-cross-rulings-hq-084342HQ 084342: Tariff Classification of a child's winter boot made in ItalyGuidance
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 084342
August 9, 1989
CLA-2 CO:R:C:G 084342
CATEGORY: Classification
TARIFF NO.: 6402.91.4075
Ms. Sherri L. Zaelit
Alpex s.r.l.
P.O. Box 25004
Salt Lake City, Utah 84125
RE: Tariff Classification of a child's winter boot made in Italy
Dear Ms. Zaelit:
Your letter dated April 17, 1989, addressed to our New York
office concerning the tariff classification of a child's winter
boot, has been referred to this office for a direct reply to you.
A sample was submitted for examination.
FACTS:
The sample child's winter boot or moon boot has a measurable
gap between the bottom edge of the plastic upper and the top of
the outer sole. The sidewall of the cup sole overlaps the
plastic upper all around the boot.
It has been suggested that this type of construction be
considered a foxing-like band for tariff purposes because the
boot bottom here is very different from those of the original
moon boots which were the subject of T.D. 81-79, 15 Cust Bull.
191 (1981). Specifically, in T.D. 81-79, the sidewalls of the
molded bottoms were 4 inches high, whereas the sidewall of the
instant sample is approximately 1 inch high. Since this sidewall
is so much lower, it differs greatly from the original moon boot
bottom design and it more closely resembles a traditional sneaker
or boot bottom with a vulcanized foxing tape. Because of the
variation in design from the original moon boot, it is submitted
that Customs should now rule that boots of this type have a
foxing-like band unless there is a minimum gap of at least 1 inch
between the point at which the upper would normally turn under
the insole and the point at which the upper actually ends.
-2-
ISSUE:
Does the sample boot possess a foxing-like band?
LAW AND ANALYSIS:
The function of a foxing is to reinforce or supplement the
juncture between the sole and upper of footwear. We have ruled
that for the purposes of computing the exterior surface area of
an upper, the upper is everything just below the insole level.
See T.D. 70-238(1(), T.D. 81-79 and Headquarters Ruling Letter
051937c dated June 6, 1977. Implementation of a 1 inch gap rule
here would compel us to change our interpretation of what
constitutes an upper. It appears to us that the application of a
different definition for the term "upper" in this situation is
unwarranted and is inconsistent with previous rulings. As to the
boot involved, that juncture which the foxing-like band must
cover to preclude classification under subheading 6402.91.4045,
HTSUSA, is at a point just below the insole level. In this
instance a foxing-like band does not exist because the upper of
the boot does not extend down to this point and as a result the
sides of the shell bottom do not overlap the upper at this point.
HOLDING:
The sample boot is classifiable under subheading
6402.91.4075, HTSUSA, as other footwear with outer soles and
uppers of rubber or plastics, other footwear, covering the ankle,
having uppers of which over 90 percent of the external surface
area (including any accessories or reinforcements such as those
mentioned in note 4(a) to this chapter) is rubber or plastics.
The applicable rate of duty for this provision is 6 percent ad
valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc AD NY Seaport
1cc Eric Francke NY Seaport
1cc John Durant
1cc Legal Reference
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