CBP Requests Advance Public Comments on Proposed Administration of Additional U.S. Note 5 to HTSUS Chapter 64
January 26, 2012
On October 31, 2011, President Obama issued Presidential Proclamation 8742, proclaiming the enactment of modifications to the Harmonized Tariff Schedule of the United States (HTSUS), including the addition of Note 5 to Chapter 64 of the HTSUS. Note 5 requires CBP to disregard textile material that does not possess the characteristics usually required for normal use of an outer sole, including durability and strength, when determining the constituent material for classification purposes.
Specifically, Note 5 reads:
“For the purposes of determining the constituent material of the outer sole pursuant to Note 4(b) to this Chapter, no account shall be taken of textile materials which do not possess the characteristics usually required for normal use of an outer sole, including durability and strength.”
CBP is requesting comments on the interpretation of the phrase “characteristics usually required for normal use of an outer sole, including durability and strength,” and on how to determine whether such characteristics are possessed by imported footwear. CBP is currently considering whether to subject relevant footwear to laboratory testing to ascertain whether the textile material on the outer sole possess the characteristics usually required for normal use of the outer sole. Accordingly, CBP is requesting comments on whether laboratory testing would be useful or necessary to administer Note 5, and on what the appropriate test would be and how it would be applied to imported footwear if laboratory testing is utilized. CBP also requests, in the absence of laboratory testing, comments on the scope of the note. Comments are due within 30 days of publication of the pre-publication request. The posting date of the pre-publication request is listed as January 23, 2012.
For further information, or assistance submitting a comment, please contact a Barnes/Richardson attorney.