1. FOOTWEAR --a primer Supervisory Import Specialist (440) 891-3817
Presented by: Lenore Ort
Supervisory Import Specialist
(440)

2. Two Basics
External Surface Area of the Upper (ESAU)
Outer Sole

3. ESAU – External Surface Area of Upper
Disregard:
Accessories or Reinforcements
Removable Shoelaces
Tongue of shoe – unless on same plane as shoe

4. Account for 100% of Upper Material must be: Visible Plausible
Essential

5. Outer Sole
The material having the greatest surface area in contact with the ground

6. When Determining Outer Sole, Disregard:
Separately applied heel
Accessories or reinforcements (spikes, bars, nails, protectors, etc.)
Textile materials which are not durable or strong enough for normal use (U.S. Note 5)

7. U.S. Note 1(a)
Welt Footwear = Goodyear Welt

8. U.S. Note 1 (b)
Footwear for Men, Youths & Boys = Youths’ Sizes 11 ½ and Larger for Males
If worn by both sexes, it is classified as women’s

9. Other Terms You’ll Want to Know

10. Other Terms:
Covering the Ankle – Must reach at least midpoint of outside ankle bone
Made on a Base or Platform of Wood – Wood portion must encompass the entire under foot area

11. Other Terms:
Foxing – Strip of material, separate from sole and upper, that secures the joint where the sole and upper meet
Usually attached by vulcanization, cementing or stitching
Applied or molded at sole, overlaps the upper and substantially encircles the entire shoe

12. Other Terms:
Foxing-like Band (FLB) – Has the same appearance, qualities or characteristics of a foxing
Applied or molded at sole, overlaps upper, and substantially encircles the entire shoe
Overlap must be ¼ inch or more on adult shoes

13. Substantial Encirclement (FLB)
60/40 Rule –
>60% Encirclement = FLB
<40% Encirclement does not = FLB
40% - 60% Encirclement – Judgment Call
Toe and Heel Bumpers and Stabilizers are included in FLB encirclement measurements

14. Other Terms:
Affixed to Upper Exclusively with an Adhesive – No stitches, staples, nails, etc.
Functional Stitching – If stitching is cut the pieces fall apart

15. Other Terms:
Open Toe – If you can see any part of the toe, the shoe has an open toe
Open Heel – Has a hole in the back of the shoe; the entire heel doesn’t need to be exposed

16. Other Terms:
Turned Footwear – Constructed inside-out on the last, then turned right side out so that seams aren’t exposed
Slip-on Footwear – Has no closures (laces, buckles, hook & loop, snaps, etc. Designed to be worn without any further securing to the foot.
Includes footwear with elastic gores or elastic material at top edge of the upper
Includes footwear with non-functional laces

17. Other Terms: Sports Footwear
Designed for sporting activity – has provision for attaching spikes, cleats, clips, etc.
Skating boots, ski-boots, cross-country ski footwear, snowboard boots, wrestling boots, boxing boots, cycling shoes

18. Other Terms: Zoris – Wholly of rubber or plastics
Upper is a single molded piece of rubber or plastic
Sole is foam rubber or plastic and approximately uniform in thickness
Thickest part of sole is neither more than 3/8” thicker than thinnest part nor more than 35% thicker than thinnest part
At sole’s thickest point, it is less than 2” thick
Upper has straps which form a “V”, “Y”, or “X”

19. 6401
Rubber or plastics waterproof footwear of molded or cement construction

20. 6402
Footwear with uppers and outer soles of predominantly rubber or plastics

21. 6403
Footwear with predominantly leather uppers and outer soles of rubber, plastics, leather or composition leather

22. 6404
Footwear with uppers of predominantly textile materials and outer soles of rubber, plastics, leather or composition leather

23. 6405
Other footwear not classified in heading

24. Marking of Country of Origin
Both shoes must be marked. Marking must be:
Conspicuous
Legible
Permanent

25. Invoice Description
Must be detailed enough for the reviewer to verify classification
See 19 CFR

26. Parts of Footwear, HTS 6406 6406.10 – Uppers and Parts of Uppers
Note: Formed uppers must be marked with country of origin
– Outer Soles & Heels, R or P
– Other (mid-soles, insoles, etc.)

27. Also Includes:
Leg Warmers

28. For Additional Information:
Informed Compliance Publication
CROSS
Commodity Team 315: