CLA-2-64:OT:RR:NC:N2 247
Angelica Valenta
TOMS Shoes LLC
5800 Uplander Way, Suite 100
Culver City, CA 90230
RE: The tariff classification of various footwear styles from Cambodia. Correction to ruling number
N359449
Dear Ms. Valenta:
This letter replaces ruling number N359449, dated March 27, 2026, classifying various styles of footwear. It
has come to our attention that a specific design feature of style TDSS27-SN-28299-1 precludes its
classification as slip-on casual footwear. All information regarding the other styles remains correct. A
complete and corrected ruling follows.
In your letter dated March 4, 2026, you requested a tariff classification ruling. The samples submitted with
your request were examined and will not be returned as requested.
Style TDSS27-SN-28299-1 is a child’s shoe. It has an athletic style upper with an external surface consisting
of polyester and polyurethane material. The textile is processed to have a suede-like look and feel with
recessed stars and dots that are decorated with reflective material. It has non-functional, sewn-in laces
mounted on top of a flap that opens and secures with a hook-and-loop closure. The rubber/plastic outer sole
has non-durable textile fibers on the outer sole facing the ground. It does not have a foxing or foxing-like
band. This style has the appearance and physical characteristics consistent with an athletic shoe and is valued
between $6.50-$12 per pair.
The applicable subheading for style TDSS27-SN-28299-1 a child’s athletic shoe will be 6404.11.8590,
HTSUS, which provides for footwear with outer soles of rubber, plastics, leather or composition leather and
uppers of textile materials: footwear with outer soles of rubber or plastics: tennis shoes, basketball shoes,
gym shoes, training shoes and the like: other: valued over $6.50 but not over $12/pair: with uppers of textile
material other than vegetable fibers and having outer soles with textile materials having the greatest surface
area in contact with the ground, but not taken into account under the terms of additional U. S. note 5 to this
chapter: other. The rate of duty will be 12.5 percent ad valorem.
Style MNSS27-DC-27946-1 is a casual, Oxford style men’s shoe. The upper consists of cotton canvas and
has an elastic lace threaded through five pairs of eyelets. The lace is not meant to be tied or untied. It has a
rubber or plastics outer sole covered with non-durable textile fibers and a plastic decorative welt. It does not
have a foxing or a foxing-like band. Rubber or plastic components make up more than 10 percent of the total
weight of the shoe.
The applicable subheading for style MNSS27-DC-27946-1 men’s shoe will be 6404.19.3630, Harmonized
Tariff Schedule of the United States (HTSUS), which provides for 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: footwear of the slip-on type, that is held to the foot without the use of laces or buckles or other
fasteners, the foregoing except footwear of subheading 6404.19.20 and except footwear having a foxing or
foxing-like band wholly or almost wholly of rubber or plastics applied or molded at the sole and overlapping
the upper: other: with uppers of vegetable fibers and having outer soles with textile materials having the
greatest surface area in contact with the ground, but not taken into account under the terms of additional U.S.
note 5 to this chapter: for men. The general rate of duty will be 7.5 percent ad valorem.
Style WNSS27-DC-28012-1 is a woman’s slip-on flat shoe having separated textile upper components. The
upper over the forefoot is made from polyurethane. Jute and polyester comprise the upper around the heel.
A rubber or plastics outer sole has textile fibers covering the majority of the external surface in contact with
the ground. Rubber or plastic components make up more than 10 percent of the total weight of the shoe.
Style WNSS27-DC-28089-1 is a woman’s mule style shoe with a closed toe and an open back. The external
surface of the upper consists of woven polyurethane. The rubber or plastics outer sole has textile fibers
covering the majority of the external surface in contact with the ground.
The applicable subheading for style WNSS27-DC-28012-1 a woman’s slip-on flat shoe and style
WNSS27-DC-28089-1 a woman’s mule style will be 6404.19.3760, HTSUS, which provides for 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: footwear of the slip-on type, that is held to the foot without the
use of laces or buckles or other fasteners, the foregoing except footwear of subheading 6404.19.20 and except
footwear having a foxing or foxing-like band wholly or almost wholly of rubber or plastics applied or molded
at the sole and overlapping the upper: other: with uppers of textile material other than vegetable fibers and
having outer soles with textile materials having the greatest surface area in contact with the ground, but not
taken into account under the terms of additional U.S. note 5 to this chapter: other: for women. The general
rate of duty will be 12.5 percent ad valorem.
Style TDSS27-ES-28333-1 is a child’s casual shoe having an upper consisting of multicolored and reflective
polyurethane threads. A wide functional trap with an elastic V-shaped gore at the middle is secured to the
lateral side of the foot with a hook and loop closure. The rubber/plastics outer sole has non-durable textile
fibers on the outer sole facing the ground. It is valued between $6.50 and $12 per pair.
The applicable subheading for style TDSS27-ES-28333-1 will be 6404.19.8790, HTSUS, which provides for
footwear with outer soles of rubber/plastics, leather or composition leather and uppers of textile materials:
other: other: valued over $6.50 but not over $12/pair: with uppers of textile material other than vegetable
fibers and having outer soles with textile materials having the greatest surface area in contact with the
ground, but not taken into account under the terms of additional U.S. note 5 to this chapter: other: other. The
rate of duty will be 12.5 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 the Trade Remedies page at
https://www.cbp.gov/trade/programs-administration/trade-remedies.
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. If 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)
James P. Forkan
Director
National Commodity Specialist Division