CBP Bulletin Proposes to Revoke, Modify Rulings on Work Footwear
In the Aug. 15 issue of the CBP Bulletin (Vol. 46, No. 34), CBP published a notice that proposes to revoke and modify rulings and similar treatment regarding the tariff classification of work footwear.
Comments on Proposed Revocations Due Sept. 14
CBP said that before taking this action, consideration will be given to any written comments received by Sept. 14. In addition, any party who has received a ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations subsequent to the effective date of the final decision in this notice.)
Proposed Modifications, Revocations
CBP is proposing to revoke and modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Sears Footwear
| Item: Sears SAFETRAX brand footwear. Most styles in question are below-the-ankle, lace up shoes with outer soles of rubber/plastics and uppers of predominantly leather. One style is a slip-on shoe. The seven styles of footwear under reconsideration are the following style numbers: 65005, 65021, 65025, 65118, 65120, 65131, and KM-0112. Style number 65029 in NY N039198 is not at issue in this reconsideration. |
| Current: 6403.99.6075, 8.5% (“footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear: other: other: other: other: for men, youths and boys: other: other: for men: other”.) 6403.99.9065, 10% (“footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear: other: other: other: other: for other persons: valued over $2.50/pair: other: other: for women: other.”) |
| Proposed: 6403.99.6025, 8.5% as ("footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear: other: other: other: other: for men, youths and boys: work footwear.") 6403.99.9015, 10% (footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: other footwear: other: other: other: other: for other persons: valued over $2.50/pair: work footwear.”) |
| Reason: CBP previously ruled that the footwear didn't meet the requirements of "work footwear." Sears submitted evidence showing the footwear marketed for food processing plants, restaurants, supermarkets, hospitals, and other industrial sites. In light of the evidence provided by Sears and an examination of samples of the footwear, these articles meet the requirements enumerated in Statistical Note 1(a) of Chapter 64, HTSUSA, to be considered work footwear, said CBP. |
| Proposed for revocation: NY N039199 (2008) |
| Proposed for modification: NY N039198 (2008) |
| Proposed new ruling: HQ H050119 |