Frequently Asked Questions on Footwear Classification and Latest Trends
Why are some footwear manufacturers adding leather flocking to the outer soles of shoes, and how does it affect classification?
Manufacturers add leather flocking, such as patches, dust, fibber, or composition leather, to the outer soles of footwear, particularly waterproof styles made with rubber and plastic uppers and soles. This is primarily to try and reclassify the footwear from heading 6401 (which carries higher duty rates) to heading 6405, which has lower duty rates at 16%. By adding leather to the outer sole they are trying to take the footwear out of the category of footwear with “rubber or plastic outer soles.” The classification depends on the thickness and visibility of the flocking; if it is a thin dusting (microns thin) it will be disregarded for tariff purposes, and the outer sole is still considered to be rubber or plastic. If the flocking is thick enough to obscure the underlying material and is visible and tactile, it’s considered to be composition leather, resulting in a classification under heading 6405.
What is vegan leather, and how is it different from real leather for classification purposes? Vegan leather is a plant-based alternative to animal leather, made from materials like pineapple leaves, cork, kelp, apple skins, grape waste, and various recycled plastics. Unlike real leather, which comes from tanned animal hides, vegan leather is not classified under the leather footwear category of 6403. Instead, its classification depends on whether the external surface is primarily textile or plastic. If the vegan leather is coated with a visible layer of rubber or plastic, the footwear will be classified as having a plastic upper; otherwise, it will be considered to have a textile upper.
How is wearable technology in footwear classified, and what factors are considered?
Footwear incorporating wearable technology, like sensors and Bluetooth, is generally classified as footwear under Chapter 64, rather than as electronic devices under Chapter 85. This is because the footwear aspect is considered the essential character of the item. Though the technology enhances the user experience by gathering or transmitting data, the essential function and primary use remains that of footwear. Even though the technology could be classified in other chapters, such as the Bluetooth as heading 8517 or sensors as heading 9031, the overall essential character is that it’s a shoe. The classification of specific components, such as sensors or Bluetooth modules, will be classified in chapter 85, but the assembled footwear itself will be classified in Chapter 64.
What are some of the key footwear trends for 2024, and how are they classified?
Key footwear trends for 2024 include slingback heels, kitten heels, shoes with netting, metallic finishes, ballet flats, sky-high platforms, school shoes, patent finishes, and slouchy boots. Slingbacks can be classified based on the material of the upper and sole. Kitten heels will also be classified based on the upper material and sole. Netting uppers are classified under textile uppers (heading 6404). Metallic shoes may be leather and be classified as leather footwear. Ballet flats are typically classified based on their upper material. Platform shoes made with leather uppers on a wood base have a specific sub heading within 6403. School shoes and slouchy boots are classified by the material of their upper. Patent finishes are classified as leather coated with plastic or entirely plastic. These are just a few examples, each trend is classified depending on the material of the upper and sole.
When considering leather flocking on the outer sole, is there a specific minimum thickness or durability requirement to reclassify a shoe? There isn’t a precise minimum measurement for leather flocking thickness. The key factor is whether the flocking is thick enough to obscure the underlying rubber or plastic of the outer sole and that it is visible and tactile. If the flocking is only a thin dusting, it will be disregarded for classification purposes, and the outer sole will still be classified as rubber or plastic. If it is visible, tactile, and the application obscures what is underneath then the shoe will be classified as having other than rubber or plastic soles under heading 6405. While there is no set durability time period, if the flocking is substantial enough to obscure the rubber or plastic underneath it should be considered durable.
How are vegan leathers made from materials like pineapple leaves or apple skins classified, and does the coating on the upper change the classification? Vegan leathers made from plant-based materials are not classified as leather for tariff purposes. They are classified based on the external surface area of the upper and whether it has a plastic coating. If the vegan leather material is visible and feels like a textile, then the upper would be classified as textile under heading 6404. However, if the material is coated with a visible layer of rubber and plastic, the footwear is classified under heading 6402 as having a plastic upper, regardless of the underlying material.
Are running shoes or sneakers considered sport shoes for classification, and does a platform on a sneaker affect this?
Generally running shoes or sneakers fall into the category of athletic footwear, which can be found in heading 6404. However, a platform sneaker with an elevated platform may not be considered athletic, especially if the design of the platform is too high and it is deemed that it may cause the user to risk injury, such as turning an ankle. In this case, the shoe is unlikely to be classified as athletic. The classification will be based on use and intended use.
How are inner soles that contain wearable tech classified when imported with shoes?
Inner soles with wearable technology are classified as inner soles under chapter 64, and not as wearable electronic devices under chapter 85. This means the item is classified based on its essential character which is considered an insole for use with footwear. These inner soles are often linked to a GPS tracker, but the essential purpose of the item is as an insole and it is not classified as a separate electronic device, it is classified within footwear.
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