Background

For more information on how to seek or utilize classification and other rulings, please contact Deb Stern at (305) 894-1007.

Footwear

U.S. Customs and Border Protection is proposing to reclassify certain women’s footwear as athletic footwear under HTSUS 6404.11.90 (20 percent duty) rather than as slip-on footwear under HTSUS 6404.19.3960 (37.5 percent duty). Ruling NY N279073 would be revoked to reflect this change. Comments on this proposal are due no later than Nov. 20.

The item at issue is a women’s lightweight, closed toe/closed heel, below-the-ankle shoe with a flexible outer sole of rubber or plastics and an upper with an external surface area of predominantly textile material. It does not have a separately attached tongue; instead, the mostly unsecured leather overlay, which incorporates the eye stays and threaded laces, is stitched to the upper with a few stitches.

CBP now states that these shoes are not slip-ons, which are precluded from classification as athletic footwear, because the shoelaces are tightened after the wearer puts on the shoe. The shoelaces also further secure the shoe to the wearer’s foot so the wearer has sufficient support and can engage in activities requiring extensive running or fast footwork without worrying about the shoe slipping off.

Hand Sanitizer

CBP is reclassifying various types of hand sanitizer as disinfectants and similar products under HTSUS 3808.94.50 (5 percent duty) rather than as other chemical preparations under HTSUS 3824.99.92 (5 percent duty). Ruling NQ H310592 will revoke rulings N311037, N304365, N303248, N242763, N233860, N032988, and L89057 to reflect this change, effective for goods entered or withdrawn from warehouse for consumption on or after Dec. 20.

CBP explains that alcohol in sufficient concentration destroys or irreversibly inactivates undesirable bacteria, viruses, or other microorganisms and that all of the hand sanitizers at issue contain significant amounts of alcohol, usually ethyl alcohol. Additionally, in accordance with Section VI note 2, disinfectants put up for retail sale are to only be classified in heading 3808. While the Explanatory Notes states that disinfectants are used “generally for” disinfecting hard surfaces such as table tops or operating tables, this guidance does not exclude disinfectants formulated for use on the hands.

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