October 5, 2005 CBP Bulletin Notices on Certain Footwear Without Applied Soles and a Network Interface Unit

CBP states that any party who has received a contrary ruling or decision on the merchandise that is subject to the proposed rulings, or any party involved with a substantially identical transaction, should advise CBP by November 4, 2005, the date that written comments on the proposed rulings are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in these notices.

CBP also states that these notices cover any rulings on the subject merchandise that may exist but have not been specifically identified.

Proposed Revocation of One Classification Ruling

Certain footwear without applied soles. At issue are two styles of slipper socks identified as styles A and B, which were found to have separately applied soles. Style A has a knit upper of a textile material which the importer states is composed of acrylic, polyester, and nylon fibers. What was found in the current ruling to constitute an outer sole consists of two, separately sewn-on patches of textile fabric with small, widely spaced, plastic traction dots. Style B also has a knit upper of a textile material which the importer states is composed of acrylic and nylon fibers. Style B's sole also consists of two, separately sewn-on patches of textile fabric with small, widely spaced plastic traction dots.

CBP is proposing to issue HQ 967851 in order to classify these slipper socks under HTS 6115.93.9020, which provides for other footwear without applied soles, knitted or crocheted, of synthetic fibers, rather than under HTS 6405.20.90, which provides for other footwear with uppers of textile materials.

CBP explains that the samples at issue are textile slipper socks whose entire underfoot area would be in contact with the ground. In order for such footwear to be classified in HTS Chapter 64, the outer sole must be a separately identifiable component prior to its application to the upper and encompass essentially the entire underfoot area, and the complete article must not be designed to be worn inside other footwear.

CBP adds that mere patches, pads, dots, strips, etc. that are attached to a sock's underfoot area, do not, in and of themselves, constitute an applied sole. Such materials attached to a pre-existing outer sole, however, are considered in determining the constituent material having the greatest surface area in contact with the ground. Although neither style A nor B appears clearly designed to be worn inside other footwear, the textile fabric patches (with traction dots) that are applied to the slipper socks do not constitute separately identifiable components which encompass essentially the entire underfoot area.

Thus, CBP finds that the textile fabric patches do not constitute an outer sole in and of themselves and the socks do not incorporate a pre-existing outer sole. In light of the above analysis, CBP finds that the two styles of slipper socks are properly classified under HTS 6115.93.9020.

proposed: 6115.93.9020 (cat 632), 14.6%; current: 6405.20.90, 12.5%.

Proposed Revocation of One Classification Ruling

Network interface unit (NIU). CBP states that this NIU's functions were originally described as splitting off an RF (radio frequency) video signal and transmitting it to a customer's television unit, and converting the RF signal back to a telephony signal and transmitting to the customers' telephone unit. As the NIU was described as transmitting both cable and telephone signals, CBP classified the good according to these multiple functions. However, CBP has now learned that the product, which was still under development at the time NY C87716 was issued, does not transmit or receive cable television signals. The system in which this good operates is actually for line telephony.

CBP is proposing to issue HQ 967795 in order to classify the NIU under HTS 8517.50.9000, which provides for other apparatus for carrier-current line systems or for digital line systems: other: telegraphic: other; rather than under HTS 8525.10.3035, which provides for converters, decodes, preamplifiers, line amplifiers, distribution amplifiers and other amplifiers; directional couplers and other couplers; all the foregoing designed for cable or closed-circuit television applications.

CBP explains that based on the new information it has received from the importer, the NIU transmits, modulates, and demodulates only voice and voice band data signals the subject merchandise falls squarely within HTS 8517 because it is apparatus for line telephony receiving or demodulating incoming digital RF carrier telephony signals.

proposed: 8517.50.9000, duty-free; current: 8525.10.3035, 1.8%.

October 5, 2005 CBP Bulletin (Vol. 39, No. 41) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2005/vol39_10052005_no41/