Classification of Unisex Footwear

Jul. 27, 2006

According to a July 24, 2006 notice in the Federal Register, Customs is seeking comments regarding the establishment of criteria to be used to determine whether footwear should be considered to be "‘commonly worn by both sexes’ (unisex)" for classification purposes. The duty rates for unisex footwear are about 1.5 percent higher than those for footwear for men, youths, and boys.

Historically, Customs had considered that a type of footwear is "commonly worn by both sexes," if "the number of styles claimed to be for males in an importer’s line, when compared to the number of styles for females, renders it likely that females will purchase and wear 5 percent of the styles claimed to be for males." Once Customs determines that an imported line of footwear is "commonly worn by both sexes," it will be classified as unisex.

Under the proposed criteria, Customs would consider the following guidelines to determine if an imported line of footwear should be not be treated as unisex:

1. If the size of the footwear is clearly marked "MEN’S," "YOUTHS’," or "BOYS,’" the footwear will not be considered "commonly worn by both sexes."
2. Even if not so marked, footwear in sizes for men, youths, or boys will not be considered "commonly worn by both sexes," if:
   • the importer imports the same shoe for women or girls, or;
   • the importer provides marketing material, retail advertisements, or other "convincing documentation" to evidence that the same shoe is available in the U.S. marketplace for women or girls.
3. If the importer can provide evidence of marketing which establishes that less than one pair in four of a style sized for males is sold to and/or worn by females, then the footwear will not be considered "commonly worn by both sexes."
4. "Unisex" classification treatment will apply to all sizes of a style once it is determined to be "commonly worn by both sexes."

Customs is accepting comments in response to the proposed criteria through September 22, 2006.