CBP's Proposed Use of 'Still Present' Standard in Footwear Test Rankles RPFMA
CBP's proposed method of interpretation of a new test method for classifying textile materials in outer soles is raising some concerns with the Rubber and Plastic Footwear Manufacturers Association (RPFMA), it said in comments to the agency. CBP's planned standard for determining the classification of footwear with textile outer soles is "wholly unrealistic and ignores the substance and clear direction of [Harmonized Tariff Schedule Chapter 64, additional note 5]," said the trade group. CBP recently proposed using a modified International Organization for Standardization (ISO) test method for abrasion resistance on outer soles, known as ISO 20871.
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The main problem with CBP's proposed testing is the use of a "still present" standard that would determine whether to consider the textile on the outer sole for classification purposes, said RPFMA. CBP plans to look at whether textile material is "still present" following the abrasion test, rather than look at relative mass lost. But note 5 doesn't provide for such a "stringent standard for disregarding the textile on an outer sole," the association said. Instead, the stated standard of note 5 is that textile materials are to be given no role in determine the outer sole's material if the textile materials do not have characteristics usually required for normal use of an outer sole, such as durability and strength, it said.
The "still present" standard creates a situation in which "textile materials demonstrating any strength and durability can be considered as constituting the outer sole's constituent material," it said. The test should be modified to require "some reasonable amount of textile material remaining on the outer sole" after the test, the group said. "Should 1% textile coverage, let alone a single textile strand, establish that textile materials possess the characteristic usually required of materials used on an outer sole?" The RPFMA believes the a textile loss greater than 25 percent would be a "fair, accurate and appropriate standard," it said.
Several other groups submitted comments in response to CBP’s proposed test method for administering additional note 5 (see 13052819 for summary of comments from the Footwear Distributors and Retailers of America). CBP released its proposed test method in the March 27 Customs Bulletin (see 13032615). CBP is "currently in the process of reviewing the comments and they will be taken into consideration," said a spokesman. All the comments will eventually be posted to CBP's website, he said.
CBP's proposed requirements are generally acceptable, though there's some questions on the specifics of the test, said the American Apparel and Footwear Association (AAFA) in its comments. For instance, AAFA said it's unclear what standard CBP is proposing to use and asked the agency if the textile must still cover more than half of the external surface area following the test "as is required to originally qualify for consideration as a textile outsole." AAFA also asked how the agency will consider ISO 20871's use of three samples and if all three samples would need to satisfy the requirements.
CBP's proposal also doesn't make clear if the agency is intended to apply to indoor and outdoor footwear, said the association. "Regardless of how CBP answers these outstanding questions" CBP should move quickly to establish a final standard and also "keep in mind the duty-neutrality requirement that guided the new textile outsole rules," said AAFA. The U.S. Association of importers of Textiles and Apparel (USA-ITA) also filed comments on the issue, saying CBP should make clear that textile outsoles, and not rubber or plastic soles with an outer surface of textile materials, are subject to the test.
Email ITTNews@warren-news.com for copies of the RPFMA, USA-ITA or AAFA comments.