Trade Law Daily is a service of Warren Communications News.

April 29 CBP Bulletin Proposes to Revoke Rulings on Men's Shoes

In the April 29 Customs Bulletin (Vol. 54, No. 16), CBP published notices that propose to revoke rulings and similar treatment for men's shoes.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

Comments on Proposals Due May 29

CBP said consideration will be given to any written comments received by May 29 before taking this action. 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 subsequent to 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.

Men's Shoes

Item: Men’s closed-toe, closed-heel, casual slip-on shoe with a foxing-like band.
Current: 6404.19.3940, 37.5%, “Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: footwear with outer soles of rubber or plastics: not sports footwear; footwear not designed to be a protection against cold or inclement weather; footwear of the slip-on type; footwear that is not less than 10 percent by weight of rubber or plastics; other: other: for men.”
Proposed: 6404.19.9030, 9%, “Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Footwear with outer soles of rubber or plastics: Other: Footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners, the foregoing except ... footwear having foxing or foxing-like band wholly or almost wholly of rubber or plastics applied or molded at the sole and overlapping the upper: Other: Valued over $12/pair, For men.”
Reason: The shoes have a foxing-like band, CBP said. Upon review of the new information provided along with an assessment of the two samples submitted, CBP now says it incorrectly determined that the shoe did not have a foxing-like band.
Proposed for modification: NY N285624 (2017)
Proposed new ruling: HQ H299500