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FOOTWEAR. --a primer Presented by: Lenore Ort Supervisory Import Specialist (440) 891-3817. Two Basics. External Surface Area of the Upper (ESAU) Outer Sole. ESAU – External Surface Area of Upper. Disregard: Accessories or Reinforcements Removable Shoelaces

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--a primer

Presented by: Lenore Ort

Supervisory Import Specialist

(440) 891-3817

two basics
Two Basics
  • External Surface Area of the Upper (ESAU)
  • Outer Sole
esau external surface area of upper
ESAU – External Surface Area of Upper
  • Disregard:
    • Accessories or Reinforcements
    • Removable Shoelaces
    • Tongue of shoe – unless on same plane as shoe
account for 100 of upper
Account for 100% of Upper
  • Material must be:
    • Visible
    • Plausible
    • Essential
outer sole
Outer Sole

The material having the greatest surface area in contact with the ground

when determining outer sole disregard
When Determining Outer Sole, Disregard:
  • Separately applied heel
  • Accessories or reinforcements (spikes, bars, nails, protectors, etc.)
  • Textile materials which are not durable or strong enough for normal use (U.S. Note 5)
u s note 1 a
U.S. Note 1(a)
  • Welt Footwear = Goodyear Welt
u s note 1 b
U.S. Note 1 (b)
  • Footwear for Men, Youths & Boys = Youths’ Sizes 11 ½ and Larger for Males

If worn by both sexes, it is classified as women’s

other terms
Other Terms:
  • Covering the Ankle – Must reach at least midpoint of outside ankle bone
  • Made on a Base or Platform of Wood – Wood portion must encompass the entire under foot area
other terms1
Other Terms:
  • Foxing – Strip of material, separate from sole and upper, that secures the joint where the sole and upper meet
    • Usually attached by vulcanization, cementing or stitching
    • Applied or molded at sole, overlaps the upper and substantially encircles the entire shoe
other terms2
Other Terms:
  • Foxing-like Band (FLB) – Has the same appearance, qualities or characteristics of a foxing
      • Applied or molded at sole, overlaps upper, and substantially encircles the entire shoe
      • Overlap must be ¼ inch or more on adult shoes
substantial encirclement flb
Substantial Encirclement (FLB)
  • 60/40 Rule –
    • >60% Encirclement = FLB
    • <40% Encirclement does not = FLB
    • 40% - 60% Encirclement – Judgment Call
    • Toe and Heel Bumpers and Stabilizers are included in FLB encirclement measurements
other terms3
Other Terms:
  • Affixed to Upper Exclusively with an Adhesive – No stitches, staples, nails, etc.
  • Functional Stitching – If stitching is cut the pieces fall apart
other terms4
Other Terms:
  • Open Toe – If you can see any part of the toe, the shoe has an open toe
  • Open Heel – Has a hole in the back of the shoe; the entire heel doesn’t need to be exposed
other terms5
Other Terms:
  • Turned Footwear – Constructed inside-out on the last, then turned right side out so that seams aren’t exposed
  • Slip-on Footwear – Has no closures (laces, buckles, hook & loop, snaps, etc. Designed to be worn without any further securing to the foot.
    • Includes footwear with elastic gores or elastic material at top edge of the upper
    • Includes footwear with non-functional laces
other terms6
Other Terms:
  • Sports Footwear
    • Designed for sporting activity – has provision for attaching spikes, cleats, clips, etc.
    • Skating boots, ski-boots, cross-country ski footwear, snowboard boots, wrestling boots, boxing boots, cycling shoes
other terms7
Other Terms:
  • Zoris –
    • Wholly of rubber or plastics
    • Upper is a single molded piece of rubber or plastic
    • Sole is foam rubber or plastic and approximately uniform in thickness
      • Thickest part of sole is neither more than 3/8” thicker than thinnest part nor more than 35% thicker than thinnest part
      • At sole’s thickest point, it is less than 2” thick
    • Upper has straps which form a “V”, “Y”, or “X”
  • Rubber or plastics waterproof footwear of molded or cement construction
  • Footwear with uppers and outer soles of predominantly rubber or plastics
  • Footwear with predominantly leather uppers and outer soles of rubber, plastics, leather or composition leather
  • Footwear with uppers of predominantly textile materials and outer soles of rubber, plastics, leather or composition leather
  • Other footwear not classified in heading 6401-6404
marking of country of origin
Marking of Country of Origin
  • Both shoes must be marked. Marking must be:
    • Conspicuous
    • Legible
    • Permanent
invoice description
Invoice Description
  • Must be detailed enough for the reviewer to verify classification
  • See 19 CFR 141.89
parts of footwear hts 6406
Parts of Footwear, HTS 6406
  • 6406.10 – Uppers and Parts of Uppers
    • Note: Formed uppers must be marked with country of origin
  • 6406.20 – Outer Soles & Heels, R or P
  • 6406.90 – Other (mid-soles, insoles, etc.)
for additional information
For Additional Information:
  • Informed Compliance Publication
  • Commodity Team 315:
    • 440-891-3823