CLA-2-64:OT:RR:NC:N2 247

Jacqueline Turner
WEMCO INC
200 James Drive East
St. Rose, LA 70087

RE: The tariff classification of various molded footwear from China

Dear Ms. Turner:

In your letter dated December 15, 2025, you requested a tariff classification ruling on behalf of your client Totes Isotoner Corporation. Detailed descriptions and digital photos for various styles of footwear were submitted with your request.

All styles are said to be one-piece molded and consisting of 60 percent blown ethylene-vinyl acetate (EVA) and 40 percent rubber. They do not have foxing or foxing-like bands and are for outdoor use. Style no. RB03 (for men) and Style no. RB06 (for children) are waterproof rainboots that cover the ankles but not the knees. Style EC01 is a woman’s, open-back, clog-style, waterproof shoe that does not cover the ankle. Style no. TS21 is woman’s sandal having an open toe and heel. The upper has two wide straps with “buckles” across the vamp and forefoot. Style no. TS05 is a man’s thong sandal, having a “V”-shaped upper. Style TS25 is a child’s, below the ankle shoe that has many evenly spaced holes throughout the upper.

You suggested style no. EC01 and style no. TS25 be classified in subheading 6402.99.3165, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4 (a) to this chapter) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: For women: Other. We disagree. Style EC01, a woman’s, open-back, clog-style, waterproof shoe will be classified elsewhere as a waterproof shoe. As style TS25 Kid’s footwear is not waterproof and is not for women, it will be classified as such.

The applicable subheading for Style no. RB03 (for men) and Style no. RB06 (for children) waterproof rainboots will be 6401.92.9060, HTSUS, which provides for Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole not assembled by stitching, riveting, nailing, screwing, plugging or similar processes: Other footwear: Covering the ankle but not covering the knee: Other: Other: Other. The rate of duty will be 37.5 percent.

The applicable subheading for style EC01 is a woman’s, open-back, clog-style, waterproof shoe will be 6401.99.8000, HTSUS, which provides for waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes; Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics (except footwear having foxing or a foxing-like band applied or molded at the sole and overlapping the upper). The rate of duty will be free.

The applicable subheading for style no. TS21, the woman’s sandal, and style no. TS05, the man’s thong sandal, will be 6402.99.2760, HTSUS, which provides for footwear with outer soles and uppers of rubber or plastics: other footwear: having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): other: sandals and similar footwear of plastics, produced in one piece by molding, for women. The rate of duty will be 3 percent ad valorem.

The applicable subheading for style TS25 Kid’s footwear will be 6402.99.3177, HTSUS, which provides for Other footwear with outer soles and uppers of rubber or plastics: Other footwear: Other: Other: Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements) is rubber or plastics (except footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and except footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather): Other: Other: Other: Other. The rate of duty will be 6 percent ad valorem.

The duties cited above are current as of this ruling’s issuance. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/.

This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs.

For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on the Trade Remedy/IEEPA page at https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact National Import Specialist Stacey Kalkines at [email protected].
Sincerely,

(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division