The final day of HTS Boot Camp arrived for the team of HTS Cadets. After timidly tiptoeing through the mid-point exam, we drilled the basics even more. By the time they got to the final exam, my cadets blasted through the questions, filled with the knowledge they needed to zoom through with confidence. Nothing warms an HTS superhero’s heart like seeing the team take command of the General Rules of Interpretation and start classifying complex items with ease.

As the team settled back in for one last deep dive into the topic of their choice (footwear), we started with a pair of boys’ tennis shoes with rubber outsoles and uppers of pigskin leather.

Right before my eyes, the cadets were suddenly afflicted with group amnesia, forgetting many of the basics they had just mastered. The idea of classifying footwear became terrifying to them, and Chapter 64 of the HTSUS seemed like another language (well, technically it was, but you, dear reader, get the idea).

The team was getting bogged down in and overwhelmed by a myriad of details that kept them going through the chapter in circles. One kept insisting we needed to know the value of the shoes. Another kept insisting we needed to know if the pair had foxing or foxing-like banding.

“What about the insoles?” cried a cadet who had curled up in a fetal position in one corner of the room. “For the love of all that is good, what about the insoles?!?!?!?!”

This could only be the work of Confuzo and his cursed ray that blocks the minds of even the most skilled classifiers, leaving only muddled confusion where there was once clarity.

There is but one defense against such a nefarious weapon – simplicity.

STEP 1: Break the chapter down to its most basic legal element – the headings.

In this case, Chapter 64 consists of only six different headings, so start your focus there and only there. Begin with the first heading and making your way from there, eliminating the possibilities as you go.

6401 – Waterproof footwear with outer soles and uppers of rubber or plastics, the uppers of which are neither fixed to the sole or assembled by stitching, riveting, nailing, screwing, plugging, or similar processes

Since the example we were reviewing was not waterproof, we automatically exclude this heading as a possibility. One heading down, five to go.

6402 – Other footwear with outer soles and uppers of rubber or plastics

Our example had an outer sole of rubber, but the upper was made of leather. Since it was not an upper of rubber or plastic, another possible heading was eliminated. Two headings down, four to go.

6403 – Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather

Bingo! At the most simple terms, it would appear we have arrived at the correct heading. It accounts for our outer sole of rubber with an upper of leather.

But just to be sure, let’s take a quick look at the remaining three headings of this chapter:

6404 – Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials

Our upper is made of leather, so this heading is also out.

6405 – Other footwear

This heading would only be applicable if our example does not fall into one of the previous headings. Since the legal language of 6403 describes our immediate product, 6405 is therefore also eliminated.

6406 – Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable insoles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof

Since our example is a complete article of footwear, this heading is also eliminated. By exploring the chapter at the heading level only before examining any other detail, we’ve taken 40 pages of HTS classifications and whittled it down to only 7.

But we can still do better than that.

STEP 2: Move your focus onto the subheadings, but don’t forget to check the section and chapter notes!

Within heading 6403, we have only seven subheadings to consider:

6403.12 – Sports footwear

6403.20 – Footwear with outer soles of leather, and uppers which consist of leather straps across the instep and around the big toe

6403.40 – Other footwear, incorporating a protective metal toe-cap

6403.51 – Other footwear with outer soles of leather
6403.59

6403.91 – Other footwear
6403.99

Chapter 64 Subheading Note 1 provides definition for “sports footwear”, applying the term only to footwear designed for a sporting activity and has (or has provisions for the attachment of) spikes, sprigs, cleats, stops, etc., or skating boots, ski-boots and others listed Subheading Note 1(b).

Tennis shoes do not meet that definition, so 6403.12 is eliminated. We can also eliminate the next four subheadings on their language alone.

STEP 3: Continue to the next level of indentation and focus only on the relevant details.

We have two possible subheadings left:

6403.91 – Other footwear: Covering the ankle

6403.99 – Other footwear: Other

So do our tennis shoes cover the ankle? The Informed Compliance Publication on Footwear provides a clarification of what “covering the ankle” means:

If the shoe upper extends upward to cover at least half of the lateral (outside) ankle bone, the shoe covers the ankle. If the shoe upper does not extend upward to cover at least half of the lateral ankle bone, the shoe does not cover the ankle.

Here is where it becomes necessary to do further analysis beyond just the information that we had at the beginning. After further examination of the shoe’s design, the cadets were able to verify that our example does cover the ankle.

Thus, having eliminated 6403.99, we’re left with 6403.91 – and only one page in the HTSUS of possible classifications. But don’t just throw the previous steps out the window – it’s important to maintain your focus on the most basic elements.

Beyond the subheading of 6403.91, we move to the next level of indentation (tariff rate) which has just four options:

6403.91.11 – Covering the ankle: Footwear made on a base or platform of wood, not having an inner sole or a protective metal toe cap

6403.91.30 – Covering the ankle: Other: Welt footwear

6403.91.60 – Covering the ankle: Other: For men, youths and boys

6403.91.90 – Covering the ankle: Other: For other persons

Our sample does not contain any wood content, base or otherwise, so the first option is eliminated. The second option is eliminated by Chapter 64 Additional U.S. Note 1(a). And as our sample meets the criteria of Additional U.S. Note 1(b) for footwear for men, youths and boys, we do not need to go beyond 6403.91.60.

All that remains is determining the statistical tracking portion of our 10-digit classification. Chapter 64 Additional U.S. Note 2 provides relevant clarification:

For the purposes of this chapter, the term “tennis shoes, basketball shoes, gym shoes, training shoes and the like” covers athletic footwear other than sports footwear (as defined in subheading note 1 above), whether or not principally used for such athletic games or purposes.

From there, arriving at a classification of 6403.91.6050 seemed so simple. Suddenly the details on price, foxing, insoles and so on did not matter to the sample at hand, and with that, Confuzo’s ray no longer had any effect on my cadets.

But heed this warning. Confuzo is still out there, though, and inevitably every classifier from the newest cadet to the experienced guru will come up against that blasted ray of his. Just remember to keep it simple, and you too will overcome it.