HQ 085006: Classification of baseball stirrup socks from Taiwan.

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 085006

                           July 20, 1989

CLA-2 CO:R:C:G 085006 SLR

CATEGORY: Classification

TARIFF NO.: 6406.99.1540

Lawrence D. Blume, Esquire
Graham & James
2000 M Street, N.W.
Suite 700
Washington, D.C. 20036

RE: Classification of baseball stirrup socks from Taiwan.

Dear Mr. Blume:

    This ruling is in response to your letter of May 30, 1989,
on behalf of your client, Union Jacks, requesting the
classification of baseball stirrup socks under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  A
sample was provided.

FACTS:

     The submitted article consists of a pair of 100% knit nylon
stirrup socks.  The socks do not have heels or toes and are worn
over regular athletic socks.  The top 5 to 7 inches of each sock
are secured in place by a thin, nondetachable strap approximately
1 inch in width which circles under the arch of the foot.  These
socks are designed for wear by men or women.

     You have requested classification of these socks as other
garments, knitted or crocheted, of man-made fibers, other, other,
women's or girls' under subheading 6114.30.3070, HTSUSA.

ISSUE:

     Are the baseball stirrup socks classifiable as garments
under subheading 6114.30.3070, HTSUSA, as requested, or as
gaiters, leggings, and similar articles under subheading
6406.99.1540, HTSUSA?

LAW AND ANALYSIS:

     Classification of products under the HTSUSA is governed by
the General Rules of Interpretation (GRI's).  GRI 1 provides
that:

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     [C]lassification shall be determined according to the terms
     of the headings and any relative section or chapter notes,
     and provided such headings or notes do not otherwise
     require, according to [the remaining GRI's taken in order].

     The notes for Chapter 61 limit the application of headings
involving "garments" to those items which cover the trunk of the
body.  They exclude items which cover only the head or lower legs
or arms.  The general Explanatory Notes (EN) to Chapter 61, along
with EN 61.14, also support this position.  Although not legally
binding, the Explanatory Notes do represent the interpretation of
the Harmonized System at the international level.

     In light of the above discussion, these stirrup socks cannot
qualify as "garments."  In no way do they cover one's lower or
upper torso.  They cover only a small portion of the lower leg.

     Subheading 6406.99.1540, HTSUSA, for "gaiters, leggings and
similar articles..." properly describes the merchandise at
issue.  Explanatory Note, Part II, to 64.06, states that: "These
articles are designed to cover the whole or part of the leg...."
Moreover, "[c]ertain of these articles may have a retaining strap
or elastic band under the arch of the foot."  In this case, the
piece under the arch is not a separate or detachable strap (as is
the case with leggings and gaiters), but this fact does not
prevent these stirrup socks from qualifying as a "similar
article."

     This office recognizes that Exclusion (f) to EN 64.06
excludes "[c]ricket pads, shin guards, knee caps and other
protective articles for sports activities (heading 95.06)."
Baseball is certainly a sports activity, but stirrup socks
provide only a negligible amount of protection from being
spiked.  Moreover, these socks do not resemble the "protective
articles" listed in the EN to 95.06 as being included therein
[See p.1592, Hd 9506 B(13)].  Baseball stirrup socks are merely
ornamental: a part of the baseball uniform tradition.

HOLDING:

       The stirrup socks are classifiable under the provision for
parts of footwear, removable insoles, heel cushions and similar
articles, gaiters, leggings and similar articles, and parts
thereof, of other textile materials, of man-made fibers, other,
subheading 6406.99.1540, HTSUSA, textile category 659, dutiable
at 17% ad valorem.

     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



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Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.

                                Sincerely,



                                John Durant, Director
                                Commercial Rulings Division











































6cc: A.D., New York Seaport (NIS 346)
1cc: Legal Reference Section
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