FOOTWEAR GAITERS AND THE LIKE; PARTS OF SUCH ARTICLES
Chapter Notes.
1.-This Chapter does not cover :
(a) Disposable foot or shoe coverings of flimsy material (for example paper sheeting of plastics) without applied soles. These products are classified according to their constituent material;
(b) Footwear of textile material without an outer sole glued sewn or otherwise affixed or applied to the upper (Section XI);
(c) Worn footwear of heading No. 63.09;
(d) Articles of asbestos (heading No. 68.12);
(e) Orthopaedic footwear or other orthopaedic appliances or parts thereof (heading No. 90.21); or (f) Toy footwear or skating boots with ice or roller skates attached; shin-guards or similar protective sportswear (CHAPTER 95).
2.-For the purposes of heading No. 64.06 the term " parts " does not include pegs protectors eyelets hooks buckles ornaments braid laces pompons or other trimmings (which are to be classified in their appropriate headings) or buttons or other goods of heading No. 96.06.
3.-For the purposes of this Chapter :
(a) the terms " rubber " and " plastics " include woven fabrics or other textile products with an external layer of rubber or plastics being visible to the naked eye; for the purpose of this provision no account should be taken of any resulting change of colour; and (b) the term " leather " refers to the goods of headings Nos. 41.04 to 41.09.
4.-Subject to Note 3 to this Chapter :
(a) The material of the upper shall be taken to be the constituent material having the greatest external surface area no account being taken of accessories or reinforcements such as ankle patches edging ornamentation buckles tabs eyelet stays or similar attachments;
(b) The constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground no account being taken of accessories or reinforcements such as spikes bars nails protectors or similar attachments.
Subheading Note.
1.-For the purposes of subheadings Nos. 6402.12 6402.19 6403.12 6403.19 and 6404.11 the expression " sports footwear " applies only to :
(a) Footwear which is designed for a sporting activity and has or has provision for the attachment of spikes sprigs stops clips bars or the like;
(b) Skating boots ski-boots and cross-country ski footwear snowboard boots wrestling boots boxing boots and cycling shoes.
GENERAL
With certain exceptions (see particularly those mentioned at the end of this General Note) this Chapter covers under headings 64.01 to 64.05 various types of footwear (including overshoes) irrespective of their shape and size the particular use for which they are designed their method of manufacture or the materials of which they are made.
For the purposes of this Chapter the term " footwear " does not however include disposable foot or shoe coverings of flimsy material (paper sheeting of plastics etc.) without applied soles. These products are classified according to their constituent material.
(A)Footwear may range from sandals with uppers consisting simply of adjustable laces or ribbons to thigh-boots (the uppers of which cover the leg and thigh and which may have straps etc. for fastening the uppers to the waist for better support). The Chapter includes :
(1) Flat or high-heeled shoes for ordinary indoor or outdoor wear.
(2) Ankle-boots half-boots knee-boots and thigh-boots.
(3) Sandals of various types espadrilles (shoes with canvas uppers and soles of plaited vegetable material) tennis shoes jogging shoes bathing slippers and other casual footwear.
(4) Special sports footwear which is designed for a sporting activity and has or has provision for the attachment of spikes sprigs stops clips bars or the like and skating boots ski-boots and cross-country ski footwear snowboard boots wrestling boots boxing boots and cycling shoes (see Subheading Note 1 to the Chapter).
Roller-skating or ice-skating boots with skates fixed to the soles are however excluded (heading 95.06).
(5) Dancing slippers.
(6) House footwear (e.g. bedroom slippers).
(7) Footwear obtained in a single piece particularly by moulding rubber or plastics by carving from a solid piece of wood.
(8) Other footwear specially designed to protect against oil grease chemicals or cold.
(9) Overshoes worn over other footwear; in some cases they are heel-less.
(10) Disposable footwear with applied soles generally designed to be used only once.
(B) The footwear covered by this Chapter may be of any material (rubber leather plastics wood cork textiles including felt and nonwovens furskin plaiting materials etc.) except asbestos and may contain in any proportion the materials of Chapter 71.
Within the limits of the Chapter itself however it is the constituent material of the outer sole and of the upper which determines classification in headings 64.01 to 64.05.
(C) The term " outer sole " as used in headings 64.01 to 64.05 means that part of the footwear (other than an attached heel) which when in use is in contact with the ground. The constituent material of the outer sole for purposes of classification shall be taken to be the material having the greatest surface area in contact with the ground.
In determining the constituent material of the outer sole no account should be taken of attached accessories or reinforcements such as spikes bars nails protectors or similar attachments which partly cover the sole (see Note 4 (b) to this Chapter).
In the case of footwear made in a single piece (e.g. clogs) without applied soles no separate outer sole is required; such footwear is classified with reference to the constituent material of its lower surface.
6 HEADINGS
64.01 - WATERPROOF FOOTWEAR WITH OUTER SOLES AND UPPERS OF RUBBER OR OF PLASTICS THE UPPERS OF WHICH ARE NEITHER FIXED TO THE SOLE NOR ASSEMBLED BY STITCHING RIVETING NAILING SCREWING PLUGGING OR SIMILAR PROCESSES.
64.02 - OTHER FOOTWEAR WITH OUTER SOLES AND UPPERS OF RUBBER OR PLASTICS.
64.03 - FOOTWEAR WITH OUTER SOLES OF RUBBER PLASTICS LEATHER OR COMPOSITION LEATHER AND UPPERS OF LEATHER.
64.04 - FOOTWEAR WITH OUTER SOLES OF RUBBER PLASTICS LEATHER OR COMPOSITION LEATHER AND UPPERS OF TEXTILE MATERIALS.
64.06 - PARTS OF FOOTWEAR (INCLUDING UPPERS WHETHER OR NOT ATTACHED TO SOLES OTHER THAN OUTER SOLES); REMOVABLE IN-SOLES HEEL CUSHIONS AND SIMILAR ARTICLES; GAITERS LEGGINGS AND SIMILAR ARTICLES AND PARTS THEREOF.
(D) For the purposes of the classification of footwear in this Chapter the constituent material of the uppers must also be taken into account. The upper is the part of the shoe or boot above the sole. However in certain footwear with plastic moulded soles or in shoes of the American Indian moccasin type a single piece of material is used to form the sole and either the whole or part of the upper thus making it difficult to identify the demarcation between the outer sole and the upper. In such cases the upper shall be considered to be that portion of the shoe which covers the sides and top of the foot.
The size of the uppers varies very much between different types of footwear from those covering the foot and the whole leg including the thigh (for example fishermen's boots) to those which consist simply of straps or thongs (for example sandals).
If the upper consists of two or more materials classification is determined by the constituent material which has the greatest external surface area no account being taken of accessories or reinforcements such as ankle patches protective or ornamental strips or edging other ornamentation (e.g. tassels pompons or braid) buckles tabs eyelet stays laces or slide fasteners. The constituent material of any lining has no effect on classification.
(E) It should be noted that for the purposes of this Chapter the terms " rubber " and "plastics " include woven fabrics or other textile products with an external layer of rubber or plastics being visible to the naked eye no account being taken of any resulting change of colour.
(F) Subject to the provisions of (E) above for the purposes of this Chapter the expression " textile materials " covers the fibres yarns fabrics felts nonwovens twine cordage ropes cables etc. of Chapters 50 to 60.
(G) For the purposes of this Chapter the term " leather " refers to the goods of headings 41.04 to 41.09.
(H) Boot or shoe bottoms consisting of an outer sole affixed to an incomplete or unfinished upper which do not cover the ankle are to be regarded as footwear (and not as parts of footwear). These articles may be finished simply by trimming their top edge with a border and adding a fastening device.
This Chapter also excludes :
(a)Footwear of textile material without an outer sole glued sewn or otherwise affixed or applied to the upper (Section XI).
(b)Footwear showing signs of appreciable wear and presented in bulk or in bales sacks or similar packings (heading 63.09).
(c)Footwear of asbestos (heading 68.12).
(d)Orthopaedic footwear (heading 90.21).
(e)Toy footwear and skating boots with ice or roller skates attached; shin-guards and similar protective sportswear (CHAPTER 95).