CHAPTER 64
FOOTWEAR, GAITERS AND THE LIKE; PARTS OF
SUCH ARTICLES
XII
64-1
Notes
1. This chapter does not cover:
(a) Disposable foot or shoe coverings of flimsy material (for example, paper, sheeting of plastics) without applied soles. These products are classified according to their constituent material;
(b) Footwear of textile material, without an outer sole glued, sewn or otherwise affixed or applied to the upper (section XI);
(c) Worn footwear of heading 6309;
(d) Articles of asbestos (heading 6812);
(e)  Orthopedic footwear or other orthopedic appliances, or parts thereof (heading 9021)1See heading 9817.64.01.; or
(f) Toy footwear or skating boots with ice or roller skates attached; shin-guards or similar protective sportswear (chapter 95).
2.  For the purposes of heading 6406, the term "parts" does not include pegs, protectors, eyelets, hooks, buckles, ornaments, braid, laces, pompons or other trimmings (which are to be classified in their appropriate headings) or buttons or other goods of heading 9606.
3. For the purposes of this chapter:
(a) the terms "rubber" and "plastics" include woven fabrics or other textile products with an external layer of rubber or plastics being visible to the naked eye; for the purpose of this provision, no account should be taken of any resulting change of color; and
(b) the term "leather" refers to the goods of headings 4107 and 4112 to 4114.
4. Subject to note 3 to this chapter:
(a) The material of the upper shall be taken to be the constituent material having the greatest external surface area, no account being taken of accessories or reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments;
(b) The constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground, no account being taken of accessories or reinforcements such as spikes, bars, nails, protectors or similar attachments.
Subheading Note
1.  For the purposes of subheadings 6402.12, 6402.19, 6403.12, 6403.19 and 6404.11, the expression "sports footwear" applies only to:
(a) Footwear which is designed for a sporting activity and has, or has provision for the attachment of spikes, sprigs, cleats, stops, clips, bars or the like;
(b) Skating boots, ski-boots and cross-country ski footwear, snowboard boots, wrestling boots, boxing boots and cycling shoes.
Additional U.S. Notes
1. For the purposes of this chapter:
(a)  The term "welt footwear" means footwear constructed with a welt, which extends around the edge of the tread portion of the sole, and in which the welt and shoe upper are sewed to a lip on the surface of the insole, and the outsole of which is sewed or cemented to the welt;
(b)  The term "footwear for men, youths and boys" covers footwear of American youths' size 11-1/2 and larger for males, and does not include footwear commonly worn by both sexes.
2.  For the purposes of this chapter, the term "tennis shoes, basketball shoes, gym shoes, training shoes and the like" covers athletic footwear other than sports footwear (as defined in subheading note 1 above), whether or not principally used for such athletic games or purposes.
3.  For the purposes of heading 6401 "waterproof footwear" means footwear specified in the heading, designed to protect against penetration by water or other liquids, whether or not such footwear is primarily designed for such purposes.
4.  Provisions of subheading 6406.10 for "formed uppers" cover uppers, with closed bottoms, which have been shaped by lasting, molding or otherwise but not by simply closing at the bottom.
5. For the purposes of determining the constituent material of the outer sole pursuant to note 4(b) of this chapter, no account shall be taken of textile materials which do not possess the characteristics usually required for normal use of an outer sole, including durability and strength.
6. For the purposes of subheadings 6402.91.42 and 6402.99.32, the term "protective active footwear" means footwear (other than footwear described in subheading note 1) that is designed for outdoor activities, such as hiking shoes, trekking shoes, running shoes, and trail running shoes, the foregoing valued at over $24/pair and which provides protection against water that is imparted by the use of a coated or laminated textile fabric.
  Statistical Notes
1. For the purposes of this chapter:
(a)  The expression "work footwear" encompasses, in addition to footwear having a metal toe-cap, specialized footwear for men or for women that:
- has outer soles of rubber or plastics, and
- is of a kind designed for use by persons employed in occupations, such as those related to the agricultural, construction, industrial, public safety and transportation sectors, that are not conducive to the use of casual, dress, or similar lightweight footwear, and
- has special features to protect against hazards in the workplace (e.g., resistance to chemicals, compression, grease, oil, penetration, slippage, or static-buildup).
  Work footwear does not cover:
- sports footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like;
- footwear designed to be worn over other footwear;
- footwear with open toes or open heels; or
- footwear, except footwear of heading 6401, of the slip-on type or other footwear that is held to the foot without the use of laces or a combination of laces and hooks or other fasteners.
(b)  The term "footwear for men" covers footwear of American men's size 6 and larger for males, and does not include footwear commonly worn by both sexes;
(c)  The term "footwear for women" covers footwear of American women's size 4 and larger, whether for females or of types commonly worn by both sexes;
(d)  The term "house slippers" covers:
(i)  Footwear with outer soles not over 3.5 mm in thickness, consisting of cellular rubber, non-grain leather, or textile material; or
(ii)  Footwear with outer soles not over 2 mm in thickness consisting of poly(vinyl chloride), whether or not backed; or
(iii)  Footwear which when measured at the ball of the foot has sole components (including any inner and mid-soles) with a combined thickness not over 8 mm as measured from the outer surface of the uppermost sole component to the bottom surface of the outer sole and which when measured in the same manner at the area of the heel has a thickness equal to or less than that at the ball of the foot.
2. For the purposes of statistical reporting numbers 6402.91.4063, 6402.99.3173, 6405.20.3070, 6405.20.9070 and 6405.90.9030, the term "footwear for infants" cover American infant sizes up to and including size 3.  

Back