Protest 1704-92-100423; Footwear, sports; Boots, riding

Active· CBP ruling HQ 954311· Issued 1993-08-30

Ruling
HQ 954311
Issued
Status
Active
Category
Classification
HS prefixes
6401.92
Tariff numbers
6401.92.90

Ruling text

HQ 954311 

                         August 30, 1993

CLA-2  CO:R:C:M  954311 DFC 

CATEGORY:  Classification 

TARIFF NO.: 6401.92.90 

District Director 
United States Customs Service 
1 East Bay Street
Savannah, GA 31401  

RE:  Protest 1704-92-100423; Footwear, sports;  Boots, riding 

Dear Sir:

     The following is our decision regarding the request for
further review of Protest no. 1704-92-100423 dated December 14,
1992, concerning the tariff classification of rubber riding boots
produced in Malaysia.  A sample pair of the riding boots, style
HH1228, were submitted for examination. 

FACTS:

     The horseback riding boots in issue have natural rubber
uppers and outer soles.  They have a small protuberance on the
back above the heel which serves to help keep a removable metal
spur with a textile strap in place.

     The entry covering the riding boots was liquidated on
September 18, 1992, under subheading 6402.99.30, HTSUS.  The
protest was timely filed on December 14, 1992.  The protestant
maintains that these boots are properly classifiable under
subheading 6402.19.10, HTSUS.  

ISSUE:

     Can the riding boots be considered "sports footwear" for
tariff purposes? 









                              -2- 

LAW AND ANALYSIS: 

     The competing provisions are as follows: 

1.   6401      Waterproof footwear with outer soles and uppers of
               rubber or plastics, the uppers of which are
               neither fixed to the sole nor assembled by
               stitching, riveting, nailing, screwing, plugging
               or similar processes: 

               *                   *                   *         
     
                    Other footwear: 
     
               *                   *                   * 

     6401.92             Covering the ankle but not covering the
                         knee: 

               *                   *                   * 

                              Other: 

               *                   *                   * 

     6401.92.90                    Other . . . . . . . . . 37.5%


2.   6402      Other footwear with outer soles and uppers of
               rubber or plastics: 
                    Sports footwear: 

               *                   *                   * 

     6402.19.10          Other:
                              Having uppers of which over 90
                              percent of the external surface
                              area (including any accessories or
                              reinforcements such as those
                              mentioned in note 4(a) to this
                              chapter) is rubber or plastics
                              (except footwear having foxing or a
                              foxing-like band applied or molded
                              at the sole and overlapping the
                              upper and except footwear designed
                              to be worn over, or in lieu of
                              other footwear as a protection
                              against water, oil, grease or
                              chemicals or cold or inclement
                              weather) . . . . . . . . . . . 6%  
                              

                               -3-                          
                                    
3.   6402      Other footwear with outer soles and uppers of
               rubber or plastics:
                  Other footwear:
     6402.99          Other:                                

               *                   *                   *    

                           Other: 

               *                   *                   *         
           
     6402.99.30                    Footwear with open toes or
                                   open heels; footwear of the
                                   slip-on type, that is held to
                                   the foot without the use of
                                   laces or buckles or other
                                   fasteners . . . . 37.5%   


     Classification of goods under the HTSUS is governed by the
General Rules of Interpretation (GRI's).  GRI 1 provides that
"classification 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]."  In other words,
classification is governed first by the terms of the headings of
the tariff and any relative section or chapter notes.  

     Protestant asserts that the riding boots qualify for
classification as "sports" footwear for the following reasons:

     1.   This product is being sold to and by a riding and
          saddlery company. 

     2.   Horseback riding is a sport. 

     3.   The product meets the requirements for sports footwear
          as defined in subheading note 1(a) of Chapter 64.  The
          footwear is designed for the sporting activity of
          horseback riding and has provisions for the attachment
          of spurs. 











                              -4- 

     We agree with protestant that horseback riding is a sport. 
However, the riding boots are more specifically described under
the provision for waterproof footwear with outer soles and uppers
of rubber or plastics in heading 6401, HTSUS, than under the
provision for other footwear with outer soles and uppers of
rubber or plastics in heading 6402, HTSUS.

     Subheading note 1(a) to Chapter 64, HTSUS, reads as follows:

     1.   For the purposes of subheading  6402.11, 6402.19,
          6403.11, 6403.19 and 6404.11, the expression "sports
          footwear" applies only to: 

          (a)  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;  

     It should be noted that the riding boots do not fall within
the purview of subheading note 1(a) to Chapter 64, HTSUS,
inasmuch as the protuberance on the back of the boots is not
equivalent to a "provision for the attachment of spikes, sprigs,
cleats, stops, clips, bars or the like."  The enumerated items
all provide for better traction while the purpose of the
protuberance is to support a spur used for controlling a horse.  

HOLDING: 

     The riding boots are classifiable under subheading
6401.92.90, HTSUS, with duty at the rate of 37.5% ad valorem.

     Since the rate of duty under the classification indicated
above is the same as the liquidated rate, you should deny the
protest in full.  A copy of this decision should be attached to
the Customs Form 19 and provided to the protestant as part of the
notice of action on the protest.  

                                   Sincerely,


                                   John Durant, Director
                                   Commercial Rulings Division 




Source: rulings.cbp.gov — ruling 954311, retrieved 2026-10-12T05:28:04Z, republished verbatim. This digest is informational; only CBP issues binding rulings.

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