Ms. Antonella Gaudio
Diesel Canada Inc.
9500 Meilleur St., Suite 800
Montreal, QC H2N 2B7
Date of issuance of ruling:
This is in response to a request submitted on your behalf by Milgram and Company Ltd for an advance ruling on the tariff classification of Shoe, Style Y01169 P0607 D-STRING. This product is manufactured by/exported from Yueh Lead Ind. Co. Ltd, Nantou Hsein, Taiwan.
According to the sample and information received, the "Style Y01169 P0607 D-STRING" is a men's casual shoe that covers the ankle. It features a lace up front closure with metal eyelets and half zip side front closure. It has a textile and leather upper with tonal stitching as well as a pull loop at the heel. The upper fabric composition is 52% polyester, 33% cow leather, 8% polyurethane and 7% rubber. The sole is made of rubber.
Analysis and Justification
The submitted product does not meet the requirements for "sports footwear" which is defined in Legal Subheading Note 1 of Chapter 64. The Note states that "for the purpose of Subheading 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.
Based on the information provided, the Shoe style Y01169 P0607, described as a men's lace-up casual shoe is classified under tariff Subheading 6404.19 as other footwear. Although in the request it was submitted that the model is an athletic-type shoe similar to tennis shoes, basketball shoes, training shoes and the like, there was no design information to support this claim.
Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Explanatory Notes to the Harmonized Commodity Description and Coding System.
General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub- Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the heading and any relative Section and Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.
The goods are classified under 6404.19.90.91 by GIR 1 and 6.
This ruling has been issued under paragraph 43.1(1)(c) of the Customs Act and will be honoured by the CBSA for future importations of the goods specified, provided the material facts and circumstances remain as originally presented; all conditions in the ruling have been met; the ruling has not been modified, revoked, revised, or cancelled; and the Customs Tariff legislation has not changed. Should there be a change in the material facts or circumstances pertaining to the goods, you must notify the CBSA as soon as possible. You may request that the Advance Ruling be modified or revoked as of the date of the change.
Importers should quote the advance ruling number at the time of importation in either the description field of the B3 entry document or on the Canada Customs Invoice. Exporters or producers should quote the advance ruling number on the Certificate of Origin or commercial invoice accompanying the goods.
Should you disagree with this advance ruling, you may file a dispute notice under subsection 60(2) of the Customs Act within 90 days of the date of issuance. Please see the procedures outlined in Appendix C of the CBSA's Memorandum D11-11-3, Advance Rulings for Tariff Classification.
This advance ruling is considered 'reason to believe' for the purposes of section 32.2 of the Customs Act and the CBSA's Administrative Monetary Penalty System, described in Memorandum D22-1-1.
All Memoranda referenced in this letter may be accessed on the CBSA website.
Consent to the Public Release of the Advance Ruling
As per your consent statement, we will release this advance ruling to the public, in both official languages, in accordance with the procedures described in Memorandum D11-11-3. The ruling will be published on the CBSA website in 30 days.
Manager, Tariff Policy Unit 'B'
Trade Policy Division
- Date modified: