Revised ICP on Footwear Lists Exclusions, Definitions

This publication was prepared by the National Commodity Specialist Division of Regulations and Rulings and provides guidance on the Harmonized Tariff Schedule (HTS) classification of footwear. The ICP was first published in January 1998 and was revised in April 2010.

According to CBP sources, the following substantive changes have been made:

Revised Information on Footwear Chapter 64 Exclusions

The “Footwear of Chapter 64 -- Exclusions” has been revised and now reads as follows:

Footwear classified in Chapter 64 HTS excludes:

1. Footwear of textile materials without an outer sole glued, sewn or otherwise affixed or applied to the upper, or footwear of textile material with no clear line of demarcation between the sole and upper such as infant booties and slipper socks with traction dots. (In order to be classified in Chapter 64, HTSUS, footwear of textile material must have an outer sole, the “outer sole” must be a separately identifiable component prior to its application to the upper, the outer sole component must encompass essentially the entire underfoot area and the complete article must not be designed to be worn inside other footwear).
2. Disposable shoe or foot coverings of flimsy material (paper, plastic sheeting, gauzy textile). As a rule, you can usually tear or rip “flimsy” material by pushing your finger through it with little effort.
3. Worn footwear of 6309 (must show appreciable wear). Used footwear remains in chapter 64.
4. Orthopedic footwear (made to measure for a particular person) and orthopedic appliances such as talipes appliances, surgical boots and cast boots which are not usually sold in pairs and are usually sold in surgical supply stores, and usually require a doctor’s prescription.
5. Sports equipment including skate boots with the skates or wheels attached, swim fins or flippers, water or snow skis and snowshoes.
6. Animal or pet footwear.
7. Toy footwear.

Footwear Definitions Added

CBP has added footwear definitions to its ICP. These definitions are provided merely as guidelines to assist in classifying footwear in HTS Chapter 64; they are not to be construed as Customs rulings. Definitions have been added for:

• Accessories or Reinforcements
• Adhesive: (6404.11.40, 6404.11.60, 6404.19.40, 6404.19.60)
• Athletic: (6404.11)
• At the heel: (6404.11.40, 6404.11.60, 6404.19.40, 6404.19.60)
• At the toe: (6404.11.40, 6404.11.60, 6404.19.40, 6404.19.60)
• Composition Leather
• Cork
• Covering the Ankle
• Cuff
• External Surface (Upper)
• External Surface (Outer Sole)
• Formed Upper
• Foxing or Foxing-like Bands
• Functional Stitching
• Insole
• Leather
• Line of Demarcation
• Loosely Attached Appurtenances
• Open: (6402.99.40, 6404.19.25, 6404.19.30, 6404.19.35)
• Overlap: (6404.11.40, 6404.11.60, 6404.19.40, 6404.19.60)
• Protection: (6401.99.30, 6401.99.60, 6402.91.50, 6402.99.20, 6404.19.33)
• Sizes
• Slip-on: (designed for use without closures), (6401.99.30, 6402.99.40, 6404.19.25-35)
• Sports Footwear: (6402.12, 6402.1905-90, 6403.12, 6403.1910-70, 6404.11)
• Stiffeners
• Textile Material
• Turn or Turned: (6403.59.15)
• Unisex
• Welt: (6403.12.30, 6403.19.10-20, 6403.40.30, 6403.51.30, 6403.59.30, 6403.91.30, 6403.99.40)
• Zoris: (6402.20.00)

ICP Provided for Informational Purposes Only

CBP states that the information provided in this publication is for general information purposes only. CBP cautions that because many complicated factors can be involved in customs issues, an importer may wish to obtain a ruling under CBP Regulations, 19 CFR Part 177, or obtain advice from an expert (such as a licensed Customs Broker, attorney or consultant) who specializes in customs matters. Reliance solely on the general information in this ICP may not be considered reasonable care.

ICP on footwear (posted 05/12/10) available at http://www.cbp.gov/linkhandler/cgov/trade/legal/informed_compliance_pubs/icp022.ctt/icp022.pdf