April 13 CBP Bulletin Proposes to Modify and Revoke Rulings on Footwear Products
In the April 27 Customs Bulletin (Vol. 56, No. 16), CBP published a proposal to revoke rulings on certain footwear products for men and women
Comments on Proposals Due May 27
CBP said consideration will be given to any written comments received by May 27 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, 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 after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or 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.
Certain Footwear Products for Men and Women
| Item: Some of the shoes are women’s and men’s shoes, or “athletic-style” shoes, that do not cover the ankle and have outer soles made of rubber or plastics, with uppers predominately of leather or textile materials. Some of the shoes are closed with a velcro hook and loop, buckle, or lace-up closures. One ruling describes the articles as men’s boots that cover the ankle, with one style having a protective metal toe-cap. Another ruling describes the article as an above the ankle, lace up hiking boot with a strap near the top that is secured with a hook and loop closure. Another style of shoe has a strap with a hook and loop closure across the instep. The rulings indicate that the footwear goes beyond being simply extra adjustable, but that the shoes are constructed with extra depth in the toe box and forefoot. The styles are also imported with “heat-moldable inserts” which are intended to be heated and molded to accommodate each of the wearer’s feet. The packaging of the shoes at the time of importation indicates that the articles are for the handicapped. |
| Current: 9817.00.96, Free, "Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons; parts and accessories (except parts and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the foregoing articles: Other." |
| Proposed: N/A |
| Reason: The shoes in the 15 rulings do not have any features which are “specifically designed or adapted” for the handicapped. Rather, the general public would likely want to wear these shoes since they possess the same features and resemble substantially similar shoes in mainstream retail stores. |
| Proposed for modification: N138598, dated Jan. 14, 2011, NY N178242, dated Sept. 1, 2011, NY N132915, dated Dec. 15, 2020, NY N127775, dated Nov. 9, 2010, NY N127777, dated Nov. 9, 2010, NY N134664, dated Dec. 15, 2010; NY N136836, dated Dec. 29, 2010, NY N144018, dated Feb. 16, 2011, NY N132897, dated Dec. 15, 2010, NY N123943, dated Oct. 20, 2010, NY N176157, dated Aug. 15, 2011, NY N113676, dated Aug. 4, 2010, NY N132897, dated Dec. 15, 2010, NY N142316, dated Feb. 9, 2011, and NY N172498, dated July 15, 2011 |
| Proposed new ruling: HQ H319308 |