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Trade and Industry Department The Government of the Hong Kong Special Administrative Region
Brand Hong Kong - Asia world city
MY COLOUR

Commercial Information Circulars

24-hour hotline : 23 922 922

e-mail address : enquiry@tid.gov.hk

Ref : EIC 111/2

25 July 2006

Dear Sirs,

Commercial Information Circular No. 280/2006

US : New Criteria for Tariff Classification of Footwear

The US Customs and Border Protection (CBP) published in the Federal Register (FR) notice of 24 July 2006 a proposal to introduce new criteria to determine whether footwear should be considered to be "commonly worn by both sexes" (unisex) for tariff classification purposes. The rates of duty applicable to footwear "For other persons" (i.e. "unisex") are about 1.5 percent higher than the rates of duty applicable to footwear "For men, youths and boys". A copy (pdf format) of the relevant FR notice is appended to this circular for reference.

DETAILS

  1.  
  2. According to CBP's proposal, the following are the criteria to determine whether footwear should be deemed to be "unisex" under HTSUS heading 6403:

( 1 ) Footwear in sizes for men, youths or boys will not be considered to be    
      "commonly worn by both sexes" if marked "MEN'S SIZE ____", "YOUTHS'  
       SIZE ____", or "BOYS' SIZE ____".

( 2 ) Even if not marked as described in criterion (1) above, footwear in sizes for 
        men, youths or boys will not be considered to be "commonly worn by both 
        sexes" if:

  1. The importer imports the same shoe for women and girls, or;
     
  2. Evidence is provided in the form of marketing material, retail advertisements, or other convincing documentation demonstrating that the same shoe for women and girls is available in the US marketplace.

( 3 ) A style of footwear in sizes for males will not be presumed to be 
        "commonly worn by both sexes" unless evidence of marketing establishes 
        that at least one pair in four (25 percent) of that style is sold to and/or worn 
        by females.

( 4 ) A determination that footwear is "commonly worn by both sexes" will trigger 
       "unisex" classification treatment that is applicable to all sizes.

CBP is seeking comments on the above proposed criteria prior to adoption of a final interpretation. Written comments and submissions in response to this FR notice should be sent to CBP by 22 September 2006. 

ENQUIRIES

  1. For enquiries concerning the content of this circular, please contact Miss S Y TANG at telephone number 2398 5405.

Yours faithfully,




(Ms Charmaine LO)

for Director-General of Trade and Industry



Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.