The tariff classification of footwear from China

N219962 July 3, 2012 CLA-2-64:OT:RR:NC:N4:447 CATEGORY: Classification TARIFF NO.:  6402.99.9061 Mr. Rob Rigg Pure Athletics d/b/a Truelinkswear 13402 N. Scottsdale Road, B-191 Scottsdale, AZ 85254 RE:  The tariff classification of footwear from China Dear Mr. Riggs:In your electronic ruling request submitted on June 4, 2012, you requested a tariff classification ruling for a “golf” shoe identified as style “Truelinks Sensei – PU Mesh.”  The submitted sample is a unisex below-the-ankle lace-up “golf” shoe with a rubber or plastics outer sole and a predominately rubber or plastics (67%) upper. There are numerous projections molded into the outer sole. You suggest that this shoe be classified as “sports” footwear under subheading 6402.19. Harmonized Tariff Schedule of the United States (HTSUS). We disagree with this suggested classification based upon the construction of the outer sole. You provided an estimated F.O.B. value greater than $12/pair.Chapter 64, HTSUS, Subheading note 1., provides that for the purposes of subheadings 6402.12, 6402.19, 6403.12, 6403.19 and 6404.11, the expression “sports footwear” applies only 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; Skating boots, ski-boots and cross-country ski footwear, snowboard boots, wrestling boots, boxing boots and cycling shoes.It is the position of U.S. Customs and Border Protection (CBP) that subheading note 1 should be interpreted narrowly. We note that the phrase which states that sports footwear “applies only to”…conveys an intent to reasonably limit footwear classified as “sports footwear.” Our interpretation of the terms spikes, sprigs, cleats, stops, bars or the like in regards to “sports footwear” has generally been to include projections attached to, or molded into, the soles of “sports footwear” to provide traction during outdoor sporting activities such as golf, field sports, (baseball, soccer, American football, rugby etc.) or track & field events. In addition, crampons and similar attachments for rock/ice-climbing boots have also been included as fitting the definition of these terms. However, outdoor recreational footwear, with traction studs, lugs or similar sole projections, suitable for everyday walking have not been considered “sports footwear” as these projections are unlike spikes, sprigs, cleats, stops, clips, bars or the like. It is further our interpretation that all the exemplars listed in the note have relatively sharp points or edges which are designed to dig into the ground (turf or ice). In order to effectively dig into turf or ice, such projections, generally, must be spaced widely apart. The physical characteristics and necessary placement of the exemplar projections tend to render everyday walking in “sports footwear” impractical.The outer sole projections (as depicted in the picture that you provided) of style “Truelinks Sensei – PU Mesh,” are closely spaced and relatively flat, thereby making everyday walking in this shoe not impractical. In this regard the sole projections are not spikes, sprigs, cleats, stops, clips, bars or the like; therefore, the shoe is not “sports footwear” as that term is understood by this office.The applicable subheading for the unisex shoe, style “Truelinks Sensei – PU Mesh” will be 6402.99.9061, HTSUS, which provides for footwear with outer soles and uppers of rubber or plastics: other footwear: not covering the ankle: other: not having uppers of which over 90 percent of the external surface area (including accessories or reinforcements) is rubber or plastics; other: valued over $12/pair: not tennis shoes, basketball shoes, gym shoes, training shoes and the like; for women. The rate of duty will be 20 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.  This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).A copy of the ruling 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 the ruling, contact National Import Specialist Stacey Kalkines at 646-733-3042.Sincerely,                               Thomas J. Russo Director National Commodity Specialist Division