Classification of a hiking boot

Active· CBP ruling HQ 083518· Issued 1989-08-14

Ruling
HQ 083518
Issued
Status
Active
Category
Classification
HS prefixes
6403.91
Tariff numbers
6403.91.9040

Ruling text

HQ 083518

                                   August 14, 1989



          CLA-2:CO:R:C:G  083518  SR

          CATEGORY:  Classification

          TARIFF NO.:  6403.91.9040

          Mr. W. Zimmer
          J.J. Gavin & Co., Inc.
          130 Church Street
          New York, N.Y. 10007-2221

          RE: Classification of a hiking boot

          Dear Mr. Zimmer:

               This is in reference to your letter dated December 5, 1988,
          requesting tariff classification of a hiking boot under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA).  A sample produced in Italy was submitted.

          FACTS:

               The merchandise at issue is a leather hiking boot.  The boot
          submitted is about 8 inches high and is an over the ankle boot.
          It has a leather upper that is not coated with rubber or
          plastics, and it has a padded leather ankle collar.  There is a
          front lace closure with metal D-rings and speed hooks.  The
          outsole is comprised of thick molded rubber with molded studs.
          The studs are about 3/8 inch long and about 1 inch by 1/2 inch in
          form.  The boot is of Norwegian welt construction.  The importer
          claims that the boot is to be worn for cross-country hiking
          and/or skiing.  The boot could not be used for cross-country
          skiing because there is nothing at the toe or heel that would
          enable it to be attached to a ski.  Also the boot is too stiff to
          allow it to be used for skiing and it covers the ankle whereas
          most cross-country ski boots do not.

          ISSUE:

               Whether the boots are classified as sports footwear.

















                                        - 2 -


          LAW AND ANALYSIS:

               Subheading Note 1 to Chapter 64, HTSUSA, states that for the
          purposes of subheadings 6402.11, 6402.19, 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.

               Although the boots at issue have studs built in the sole,
          the studs are different from the attachments mentioned in Note 1
          to Chapter 64, HTSUSA.  The studs may make walking easier in soft
          grass but the sole is basically a normal sole that can be used
          for everyday walking.  The shoes mentioned in the Note are used
          for active sports in which a participant does a lot of running,
          sharp turns, and sudden stopping.  Therefore, the boots at issue
          are not "sports footwear".

               The importer states that the boot is welt footwear.
          However, the boot at issue is a "Norwegian Welt".  Additional
          U.S. Note 1(a) to chapter 64, HTSUSA, states that for the
          purposes of this chapter the term "welt footwear" means footwear
          constructed with a welt, which extends around the edge of the
          tread portion of the sole, and in which the welt and shoe upper
          are sewed to a lip on the surface of the insole, and the outsole
          of which is sewed or cemented to the welt.  The welt construction
          of the boot at issue is not the same as the welt footwear
          provided for in chapter 64, HTSUSA, because the upper has been
          turned out at the sole and stitched down onto the midsole and
          there is no separate welt strip and no lip on the surface of the
          insole.

          HOLDING:

               The boot at issue is classifiable under subheading
          6403.91.9040, HTSUSA, as footwear in which the upper's external
          surface is predominately leather, in which the outer sole's
          external surface is predominately rubber and/or plastics, which
          is not "sports footwear," which lacks a protective metal toe-cap,
          in which the top of the upper covers the wearer's ankle, in which
          the sole is attached to the upper by a means other than welt




















                                         -3-

          stitched construction, which is for women, which is not work
          footwear, and in which the leather of the upper is not pigskin.
          The rate of duty is 10 percent ad valorem.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division





















































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference

Source: rulings.cbp.gov — ruling 083518, retrieved 2026-10-12T05:18:18Z, republished verbatim. This digest is informational; only CBP issues binding rulings.

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