NY A82723

May 07, 1996

CLA-2-64:R:N3:347 A82723

CATEGORY: Classification

TARIFF NO.: 6402.19.90

Mr. John Bercaw

Manager, Product Development

Black Diamond Equipment Ltd.

2084 East 3900 South

Salt Lake City, UT 84124

RE: The tariff classification of ice climbing boots from Italy.

Dear Mr. Bercaw:

In your letter dated April 3, 1996, you requested a classification
ruling for an ice climbing boot named \"The Inverno\" which you will be
importing from Italy.

You state that \"The Inverno\" is composed of two main parts, the inner
boot, composed of foam, cordura, rubber, plastic and vinyl, and the
outer boot with an upper composed of 100 percent plastic and a rubber
sole. You also state that \"The Inverno\" is designed for ice climbing
and mountaineering. Your inquiry is directed at two issues, first, does
\"The Inverno\" meet the definition of \"sports footwear\" as described
in subheading note 1 of Chapter 64, Harmonized Tariff Schedule of the
United States (HTS), and second, is the boot properly classified as
\"protective footwear\"?

Although ice climbing and mountaineering is, as you state, a sporting
activity, it is not one of the enumerated sporting activities described
in subheading note 1(b) to Chapter 64, (HTS). However, subheading note
1(a), states that \"sports footwear\" applies 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.
You state that \"The Inverno\" has specially designed \"welts\" to hold
crampons. You further state that the toe welt of the boot is pronounced
and in-cut to give a secure attachment zone for crampon bails. Also, the
heel has a definite \"ledge\" for attachment of crampon heel levers. You
provided a sample of \"The Inverno\" with crampons attached. Examination
of the boot with the crampons attached reveals that the specially
designed \"welts\" enable the boot to meet the definition of \"sports
footwear\" as described in subheading note 1(a). \"The Inverno\" is
classified as \"sports footwear.

\"The Inverno\" has an outer boot composed of 100 percent plastic. This
outer boot is constructed of a molded plastic shell with a separately
attached plastic ankle collar and tongue extension. While not meeting
the tariff definition for waterproof footwear because of the separately
attached plastic collar and tongue extension, the molded outer shell is
considerably more of a protection against water than ordinary climbing
boots. In this regard it is classified as footwear designed to be worn
over, or in lieu of other footwear as a protection against water.

The applicable subheading for \"The Inverno\" will be 6402.19.90, (HTS),
which provides for footwear with outer soles and uppers of rubber or
plastic, Sports footwear, footwear designed to be worn over, or in lieu
of other footwear as a protection against water, oil, grease or cold or
inclement weather, valued over \$12/pair. The rate of duty will be 15.6
percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the
Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this
ruling, contact National Import Specialist, Richard Foley at (212)
466-5890.

Sincerely,

Roger J. Silvestri

Director

National Commodity

Specialist Division