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Oct. 21 CBP Bulletin Proposes to Revoke Rulings on Footwear

In the Oct. 21 Customs Bulletin (Vol. 54, No. 41), CBP published notices that propose to revoke rulings and similar treatment for footwear.

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Comments on Proposals Due Nov. 20

CBP said consideration will be given to any written comments received by Nov. 20 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: 6404.19.3960, 37.5%, “Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: 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 women.”
Proposed: 6404.11.90, 20%,“[f]ootwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials: Footwear with outer soles of rubber or plastics: Sports footwear; tennis shoes, basketball shoes, gym shoes, training shoes and the like: Other: Valued over $12/pair: For women: Other.”
Reason: CBP said the general appearance is of athletic footwear, and many of the construction features present in athletic footwear.
Proposed for revocation: NY N279073, dated Sept. 30, 2016
Proposed new ruling: HQ H285615