FOOTWEAR

--a primerPresented by: Lenore Ort

Supervisory Import Specialist

(440) 891-3817

Two Basics

External Surface Area of the Upper (ESAU)

Outer Sole

ESAU – External Surface Area of Upper Disregard:

Accessories or Reinforcements Removable ShoelacesTongue of shoe – unless on same plane as

shoe

Account for 100% of Upper

Material must be:VisiblePlausibleEssential

Outer Sole

The material having the greatest surface area in contact with the ground

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)

U.S. Note 1(a)

Welt Footwear = Goodyear Welt

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

Other Terms You’ll Want to Know

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

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

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

Substantial Encirclement (FLB)

60/40 Rule – >60% Encirclement = FLB<40% Encirclement does not = FLB40% - 60% Encirclement – Judgment Call

Toe and Heel Bumpers and Stabilizers are included in FLB encirclement measurements

Other Terms:

Affixed to Upper Exclusively with an Adhesive – No stitches, staples, nails, etc.

Functional Stitching – If stitching is cut the pieces fall apart

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

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

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

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”

6401

Rubber or plastics waterproof footwear of molded or cement construction

6402

Footwear with uppers and outer soles of predominantly rubber or plastics

6403

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

6404

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

6405

Other footwear not classified in heading 6401-6404

Marking of Country of Origin

Both shoes must be marked. Marking must be:ConspicuousLegiblePermanent

Invoice Description

Must be detailed enough for the reviewer to verify classification

See 19 CFR 141.89

Parts of Footwear, HTS 6406 6406.10 – Uppers and Parts of Uppers

Note: Formed uppers must be marked with country of origin

6406.20 – Outer Soles & Heels, R or P

6406.90 – Other (mid-soles, insoles, etc.)

6406.90.15 Also Includes:

Leg Warmers

For Additional Information:

Informed Compliance Publication CROSS Commodity Team 315:

440-891-3823