CBP Considers Lab Test for Classifying Textile-Bottomed Footwear, Seeks Comments
U.S. Customs and Border Protection states it is in the process of determining how to administer new Additional Note 5 to HTS Chapter 64, which requires textile materials that do not possess the characteristics usually required for normal use of an outer sole, including durability and strength, to be disregarded when determining the constituent material for classification purposes.1 CBP is considering whether to subject the affected textile-bottomed footwear to laboratory testing to ascertain whether the textile material on the outer sole possesses the characteristics usually required for normal use of the outer sole.
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CBP Requesting Comments on Testing, Scope of Note
CBP is requesting comments on this approach, what the appropriate test would be, how to apply it to the imported footwear, or in the absence of testing, comments on the scope of the note.
Comments Should be Emailed to CBP within 30 Days
CBP states that all comments relating to this pre-publication request should be sent to EarlyInputMailbox@dhs.gov no later than thirty days from the date of publication (the posting date on CBP's website is listed as January 23, 2012). “Note 5” should be put in the subject line. After analyzing the comments, CBP will consider how best to proceed with this matter. Statements provided in response to this request and the names of the submitters are not confidential and may be subject to disclosure upon a written Freedom of Information Act (FOIA) request.
Proclamation Added Note to Chapter 64 on Dec 3
Additional Note 5 was added to Chapter 64 of the Harmonized Tariff Schedule (HTS) by Proclamation 8742, and is effective for goods entered or withdrawn from warehouse for consumption on or after December 3, 2011. The Proclamation also added 21 new tariff numbers in HTS 6402 and HTS 6404 in order to provide the low HTS 6405 duty rates for footwear which are now classified in HTS 6402 and HTS 6404 (instead of HTS 6405) due to Additional Note 5. (See ITT's Online Archives 11110303 for summary of Proclamation 8742.)
1CBP notes that "in a general sense, Note 5 stands for the proposition that textile material that does not hold up to the wear of a shoe should be disregarded for the purposes of ascertaining the constituent material of the outer sole."