Oct. 14 CBP Bulletin Proposes to Revoke Rulings on Women's Footwear
In the Oct. 14 Customs Bulletin (Vol. 54, No. 40), CBP published notices that propose to revoke rulings and similar treatment for women's footwear.
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Comments on Proposals Due Nov. 13
CBP said consideration will be given to any written comments received by Nov. 13 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 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.
Women's Shoes
| Item: Woman’s, closed toe/closed-heel, above-the-ankle shoes |
| Current: 6404.11.9050, 20% “Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: tennis shoes, basketball shoes, gym shoes, training shoes and the like: other: valued over $12/pair: for women: other.” |
| Proposed: 6404.19.90, 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: Other: Valued over $12/pair.” |
| Reason: CBP previously did not consider a certain feature that is not indicative of athletic footwear, it said. Although the footwear style at issue has a general athletic appearance and most of the other construction features identifiable with athletic footwear, referenced above, further review shows that due to a certain design feature, this footwear is not properly classified as athletic. |
| Proposed for revocation: NY N298995, dated Aug. 2, 2018 |
| Proposed new ruling: HQ H301907 |