FOOTWEAR
--a primer
Presented by: Lenore Ort
Supervisory Import Specialist
(440) 891-3817
Two Basics

External Surface Area of the Upper
(ESAU)

Outer Sole
ESAU – External Surface Area
of Upper

Disregard:
 Accessories
or Reinforcements
 Removable Shoelaces
 Tongue of shoe – unless on same plane as
shoe
Account for 100% of Upper

Material must be:
 Visible
 Plausible
 Essential
Outer Sole
The material having the greatest
surface area in contact with the
ground
When Determining Outer Sole,
Disregard:
Separately applied heel
 Accessories or reinforcements (spikes, bars,
nails, protectors, etc.)
 Textile materials which are not durable or
strong enough for normal use (U.S. Note 5)

U.S. Note 1(a)

Welt Footwear =
Goodyear Welt
U.S. Note 1 (b)

Footwear for Men, Youths & Boys =
Youths’ Sizes 11 ½ and Larger for Males
If worn by both sexes, it is classified as
women’s
Other Terms You’ll Want
to Know
Other Terms:

Covering the Ankle – Must reach at least
midpoint of outside ankle bone

Made on a Base or Platform of Wood –
Wood portion must encompass the
entire under foot area
Other Terms:

Foxing – Strip of material, separate from
sole and upper, that secures the joint
where the sole and upper meet
 Usually
attached by vulcanization, cementing or
stitching
 Applied or molded at sole, overlaps the upper and
substantially encircles the entire shoe
Other Terms:

Foxing-like Band (FLB) – Has the same
appearance, qualities or characteristics
of a foxing
Applied or molded at sole, overlaps upper, and
substantially encircles the entire shoe
 Overlap must be ¼ inch or more on adult shoes

Substantial Encirclement (FLB)

60/40 Rule –
 >60%
Encirclement = FLB
 <40% Encirclement does not = FLB
 40% - 60% Encirclement – Judgment Call
 Toe
and Heel Bumpers and Stabilizers are
included in FLB encirclement measurements
Other Terms:

Affixed to Upper Exclusively with an
Adhesive – No stitches, staples, nails, etc.

Functional Stitching – If stitching is cut the
pieces fall apart
Other Terms:

Open Toe – If you can see any part of the
toe, the shoe has an open toe

Open Heel – Has a hole in the back of the
shoe; the entire heel doesn’t need to be
exposed
Other Terms:

Turned Footwear – Constructed inside-out on the
last, then turned right side out so that seams aren’t
exposed

Slip-on Footwear – Has no closures (laces,
buckles, hook & loop, snaps, etc. Designed to be worn
without any further securing to the foot.


Includes footwear with elastic gores or elastic material at top
edge of the upper
Includes footwear with non-functional laces
Other Terms:

Sports Footwear
for sporting activity – has provision
for attaching spikes, cleats, clips, etc.
 Designed
 Skating
boots, ski-boots, cross-country ski
footwear, snowboard boots, wrestling boots,
boxing boots, cycling shoes
Other Terms:

Zoris –
 Wholly
of rubber or plastics
 Upper is a single molded piece of rubber or plastic
 Sole is foam rubber or plastic and approximately
uniform in thickness


Thickest part of sole is neither more than 3/8” thicker than
thinnest part nor more than 35% thicker than thinnest part
At sole’s thickest point, it is less than 2” thick
 Upper
has straps which form a “V”, “Y”, or “X”
6401

Rubber or plastics waterproof footwear of
molded or cement construction
6402

Footwear with uppers and outer soles of
predominantly rubber or plastics
6403

Footwear with predominantly leather
uppers and outer soles of rubber, plastics,
leather or composition leather
6404

Footwear with uppers of predominantly
textile materials and outer soles of rubber,
plastics, leather or composition leather
6405

Other footwear not classified in heading
6401-6404
Marking of Country of Origin

Both shoes must be marked. Marking
must be:
 Conspicuous
 Legible
 Permanent
Invoice Description

Must be detailed enough for the reviewer
to verify classification

See 19 CFR 141.89
Parts of Footwear, HTS 6406

6406.10 – Uppers and Parts of Uppers
 Note:
Formed uppers must be marked with
country of origin

6406.20 – Outer Soles & Heels, R or P

6406.90 – Other (mid-soles, insoles, etc.)
6406.90.15 Also Includes:

Leg Warmers
For Additional Information:
Informed Compliance Publication
 CROSS
 Commodity Team 315:

 440-891-3823