Infant bootie; 6404.19; HQ 086349; HQ 088962; HQ 089412; Chapter 64, Note 4(b)
Active· CBP ruling HQ 950135· Issued 1991-10-25
Ruling text
HQ 950135
October 25, 1991
CLA-2 CO:R:C:M 950135 LTO
CATEGORY: Classification
TARIFF NO.: 6405.20.30
Ms. Ruth Forrester
Fritz Companies, Inc.
9401 Koenig Circle Drive
Berkeley, MO 63134
RE: Infant bootie; 6404.19; HQ 086349; HQ 088962; HQ 089412;
Chapter 64, Note 4(b)
Dear Ms. Forrester:
This is in response to your letter of July 15, 1991 to the
District Director, St. Louis, requesting the classification of an
infant bootie under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA). Your letter has been referred to this
office for a response.
FACTS:
The article in question is an infant bootie with a
cotton/corduroy upper and a soft sole. The sole is composed of
a twill woven fabric with a non-geometric pattern of
rubber/plastic traction dots evenly distributed over the entire
surface. The average dot measurement is 2.5 millimeters in
diameter and the average distance between the dots is 1.8
millimeters. The surface area of the sole consists of 70 percent
textile and 30 percent plastics or rubber material.
ISSUE:
What is the proper classification of the infant bootie under
the Harmonized Tariff Schedule of the United States Annotated
(HTSUSA)?
LAW AND ANALYSIS:
The General Rules of Interpretation (GRI's) to the HTSUSA
govern the classification of goods in the tariff schedule. GRI 1
states in pertinent part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes . . . ."
Classification of goods in Chapter 64, HTSUSA, which
provides for footwear, is determined by the materials of the
upper and the outer soles. Note 4(b) to Chapter 64, HTSUSA,
states that "[t]he constituent material of the outer sole shall
be taken to be the material having the greatest surface area in
contact with the ground, no account being taken of accessories or
reinforcements such as spikes, bars, nails, protectors or similar
attachments." The rubber/plastic traction dots found on the
article in question are not excludable as accessories or
reinforcements since they do not resemble the given exemplars in
Note 4(b). See HQ 088962, dated August 2, 1991; HQ 089412, dated
August 7, 1991. Therefore, the traction dots are part of the
material of the outer sole and they must be considered in
determining the composition of the outer sole.
If the textile material is deemed to be the constituent
material of the bootie's outer sole, the bootie would be
classifiable in subheading 6405.20, HTSUSA, which provides for
"[o]ther footwear . . . [w]ith uppers of textile materials." If
the rubber/plastic traction dots are the constituent material of
the outer sole, the bootie would be classifiable in subheading
6404.19, HTSUSA, which provides for "[f]ootwear with outer soles
of rubber, [or] plastics . . . and uppers of textile materials
. . . [o]ther."
An analysis of the sample bootie reveals that the
rubber/plastic dots cover 30 percent of the surface area of the
sole, while the textile portion covers 70 percent of the sole's
external surface. Moreover, the textile sole is extremely soft
and flexible. Under the weight of the wearer, the
rubber/plastic dots would recede somewhat into the woven
material and thus, more of the fabric would be in contact with
the ground than the rubber/plastic. Therefore, it is our opinion
that the constituent material of the outer sole of the bootie is
the woven fabric, and that, because the upper primarily consists
of vegetable fibers (cotton corduroy), the infant bootie is
classifiable under subheading 6405.20.30, HTSUSA. See HQ 086349,
dated June 25, 1990.
HOLDING:
The infant bootie is classifiable under subheading
6405.20.30, HTSUSA, which provides for "[o]ther footwear . . .
[w]ith uppers of textile materials . . . [w]ith uppers of
vegetable fibers." The corresponding rate of duty is 7.5
percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division
Source: rulings.cbp.gov — ruling 950135, retrieved 2026-10-12T05:25:20Z, republished verbatim. This digest is informational; only CBP issues binding rulings.