Footwear Group Objects to CBP's Proposed Athletic Shoe Ruling Modifications

CBP should abandon its proposed ruling modification what would change the classification consideration of footwear with embroidered uppers, the Footwear Distributors and Retailers of America told the agency. CBP in its Oct. 16 bulletin proposed to modify rulings to say that embroidery doesn't preclude footwear from being classified as athletic footwear (see 1910210057). Comments on the proposal were due Nov. 15.

The FDRA said in its comments to the agency that the “proposed ruling totally misconstrues" the language from the agency's "Footwear Definitions." Those definitions specify that athletic footwear doesn't include "shoes that resemble sports shoes but clearly could not be used at all in that sporting activity" and highlights "sneakers with a sequined or extensively embroidered uppers" as an example. CBP's proposed modification said that the condition that the footwear be clearly unusable for sports "overrides" the exclusion of embroidered shoes, FDRA said.

It's particularly clear from the footwear that is the subject of the rulings being modified that there is "extensive" embroidery, FDRA said. "The proposed ruling does not simply interpret the definition -- it amends it by eliminating the exclusion," the association said. "Once the proposed ruling is in place, it is difficult to imagine how the presence of extensive embroidery will affect the classification of footwear as athletic or non-athletic." Although the trade group noted that CBP has the authority to update its definitions, "the proposed modification is not the appropriate means of so doing."

It's also unclear what prompted the change, FDRA said. "The proposed change appears 'out of the blue,' overturning a concept that has been in place for over 25 years," the group said. "What led to this abrupt change?"

The association said CBP should instead take up several suggested definition changes submitted by FDRA in 2016 that have been ignored so far by the agency. "As the attached 2016 letter establishes, CBP’s understanding of what constitutes athletic footwear is out of date, reflecting at best, the meaning prevalent in the early ‘80’s," it said. "Amending a definition in place for a quarter century via a ruling modification is inappropriate at best. Abandoning the proposed revocation and opening the dialogue FDRA sought more than three years ago would be a good first step in rectifying the situation."