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FOOTWEAR

FOOTWEAR. --a primer Presented 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 Shoelaces

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FOOTWEAR

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

  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 6401-6404

  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 141.89

  26. 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.)

  27. 6406.90.15 Also Includes: • Leg Warmers

  28. For Additional Information: • Informed Compliance Publication • CROSS • Commodity Team 315: • 440-891-3823

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