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Importing shoes can be a reliable and lucrative way to make money. Fast fashion is a booming industry and the demand for shoes will never go away. However, you’ll need to follow an array of requirements dictated by different federal agencies to import footwear into the country.
Importing shoes is a process that’s highly regulated by different government agencies. To import shoes and other footwear into the U.S., importers must fulfill standard importer requirements such as accurate Harmonized Tariff Schedule (HTS) classification, which is complicated by the precise measurements and features that differentiate one footwear HTS classification from another. Documentation, labeling, and footwear-specific product safety labeling must also be addressed to facilitate trouble-free customs clearance.
The agencies in charge of regulating different types of imported footwear are:
Not every agency has oversight on every type of footwear. The table below explains each agency’s oversight and examples of footwear they would regulate.
Importers must be aware of each agency’s detailed requirements when bringing footwear into the U.S.
In addition to a customs bond and the standard documents needed to import goods into the U.S., such as commercial invoices, Bills of Lading, shoe importers must document detailed information about their products’ features, including:
Each of these features determines which HTS code applies to the footwear in question.
Classifying imported footwear starts with gathering information from the supplier, which can be used to determine the shoe’s HTS code by applying the General Rules of Interpretation.
For instance, the material from which a shoe’s base platform is made has a substantial impact on HTS classification. If a supplier provides documentation that indicates a shoe’s uppers are made of over 90% rubber or plastics, the appropriate HTS chapter and heading could be 6402.99, but the full HTS code still varies based on whether the base is made of wood or cork, which also affects the duty rate for the footwear in question.
A footwear’s HTS code is determined by factors including its intended use value, materials used for the upper and outer sole, permeability to the elements, and athletic features.
The depth of information required to accurately classify footwear means importers must insist on a detailed product description and manufacturing documents from their suppliers. Incomplete or erroneous information can easily lead to costly and time-consuming delays and penalties from CBP once the shipment arrives.
To show how detailed the footwear descriptions must be, I’ll provide examples of HTS classifications for footwear.
In chapter 64 of the HTS, the chapter and heading 6402 (which doubles as a Harmonized System, or HS, code), denotes certain types of footwear with outer soles and uppers of rubber or plastic.
From there, the subheading 99 describes other types of footwear incorporating a protective metal toe cap, and the descriptions vary even further as more features are taken into consideration.
If the descriptions assigned to those eight-digit subheadings don’t apply to footwear otherwise classified under 6402, the value per pair becomes the primary determining factor.
This small sample of footwear classifications demonstrates the attention to detail importers must use when classifying their products. To assist importers, the International Footwear Association Footwear Retailers of America created a standardized Interim Footwear Invoice (IFI) importers can use to record the information necessary for footwear classification. This invoice can be used to satisfy certain CBP documentation requirements that pertain to shoes.
Shoes also provide an interesting example of tariff engineering. Nike manufactures its line of Chuck Taylors with a thin layer of felt that allows the brand to import the shoes as slippers instead of sneakers, reducing customs duties since slippers have a lower duty rate in the HTS.
The documents you’ll need to import shoes will vary based on the specifics of your shipment.
Here’s how to break them down:
The documents mentioned above are also used to fill in required fields on the Importer Security Filing (ISF) and CBP Form 7501 aka the entry summary, which are both to be submitted to CBP on a per-shipment basis.
Additional documentation of features such as the shoe’s design, materials, and intended use can be included on the commercial invoice or, if that invoice doesn’t satisfy all of CBP’s description criteria, the aforementioned IFI can be used. This is a common practice.
Imported goods must abide by Section 304 marking and labeling requirements. Under this guideline, footwear must be accompanied by a country-of-origin mark that’s legible, conspicuous, and permanent.
The mark must be able to survive importation and distribution to the final purchaser of your footwear. A sticker indicating the country of origin is acceptable if it can endure the freight shipping process.
The country of origin marking should appear in one of the following sites on your footwear:
Make sure the mark has the English name of the country of origin. Abbreviations of the country of origin can be used as long as they’re not easily confused with other nations.
Shoes that arrive in the U.S. without this mark will either be destroyed or exported back to where they came from, and an additional ad valorem duty of 10% will be imposed.
Imported shoes made of genuine or imitation leather must adhere to the FTC’s guides located in Title 16 of the Code of Federal Regulations (CFR), Part 24.
The requirements specified in the FTC guide are:
Importers should also avoid misusing any of the following terms:
Similar rules are in place for shoes made of other animal-sourced materials.
When importing shoes that contain fur, you’ll need to comply with the requirements of the Fur Products Labeling Act (FPLA). The labeling for this kind of footwear should disclose an assortment of information.
This includes:
The information you provide on the label should also appear on the invoice and the advertising used for the footwear. Shoes made with wool must adhere to the Wool Products Labeling Act.
This law will require you to attach a label that discloses the following:
The FPLA and Wool Products Labeling Act requires importers to maintain records on shoe imports for three years.
The CPSC regulates the importation of footwear that’s meant to be worn by children. A children's product is any item that’s intended for children aged 12 or younger. Such products must adhere to CPSC regulations like those enacted via the Consumer Product Safety Improvement Act (CPSIA).
The CPSIA limits the amount of lead content and phthalates in children’s products. Footwear must not have a lead content over 100 parts per million (PPM) and paint or similar surface coating should not exceed 90 PPM.
Importers must also follow tracking label requirements when importing children’s shoes.
A children’s footwear tracking label should be visible, legible, and located on the shoes and packaging.
The CPSIA mandates a certificate of conformity for children’s footwear. It must state that the product complies with all applicable standards set forth in the act.
A certificate of conformity should accompany your cargo and be given to the retailer or distributor. The footwear manufacturer must certify their products comply with the applicable standards by issuing a product certificate. This certificate should be supported by tests from one of the CPSC’s accredited third-party testing laboratories.
Importers must be aware of the CPSC’s rules on sharp points and edges on children’s products. These typically don’t apply to footwear, but could if the imported shoes have such features, which could trigger a CPSC recall.
The CPSC also regulates the Standard for the Flammability of Clothing Textiles. It offers methods of testing the flammability of clothing products and differentiates fabrics into three classes.
Footwear isn’t subject to these requirements, unless it consists of hosiery in part or whole and aren’t affixed to the shoes or form an integral part of another garment.
Shoes that qualify as personal protective equipment (PPE) will be subject to OSHA’s regulations. PPE refers to any type of clothing or gear that protects from different hazards in a workplace environment. Your footwear will need to comply with one or more standards to satisfy OSHA’s requirements.
These include:
Title 29 part 1910.136 in subpart I of the CFR provides more details on these standards.
The costs to import footwear vary based on customs value, HTS duties, other applicable tariffs, such as those imposed under Section 301 of The Trade Act of 1974, and the cost of freight shipping.
HTS classification determines what duties from the schedule apply to a given shipment of footwear. The country of origin for the imported shoes also directly impacts customs costs due to variable tariff rates and trade agreements.
In the HTS, duty rates range from free to 48% ad valorem, though some footwear classifications combine ad valorem duties with a per-pair duty. Material, value, and intended use impact footwear classification in the HTS. Country of origin does as well, since tariffs above and beyond those found in the HTS apply to imported shoes from many countries.
Trade agreements between the U.S. and its trade partners can also mitigate or eliminate HTS duties and tariff exposure. The United States-Mexico-Canada Act (USMCA) provides importers with such an option if their goods satisfy the act’s product-specific rules of origin.
It is legal to import trademarked or branded footwear from authorized suppliers, and those suppliers will vary from brand to brand. It is not legal to import counterfeit goods that infringe intellectual property rights.
Trademarked shoes, purses, and clothing are among the most commonly counterfeited goods in the world, and CBP seizes millions of dollars worth of such shipments annually. This is just one reason importers should verify supplier-provided information well before the shipping process.
Importers are responsible for verifying the materials, construction, intended use, style, country of origin, and any other manufacturer information prior to shipping. For footwear importers, documents supporting authorized purchases of branded goods, protective footwear certification, or compliance with PGA-mandated testing may also be required.
Once shipped, that information will be evaluated at U.S. Customs clearance, and mistakes or incomplete documentation can cause delays, inspections, and other costly penalties.
HTS classification is one of the most common mistakes made by any importer, and the opportunity for mistakes when classifying footwear is considerable. Preventing these mistakes is a matter of preparation.
A Licensed Customs Broker can contribute significantly during this process.
Customs brokers licensed by CBP have the knowledge and experience necessary to accurately classify imported footwear, evaluate documentation from vendors for accuracy and completeness of information, and calculate duties from increasingly complicated and overlapping tariffs on U.S. trade partners.
For first-time or inexperienced importers, partnering with a customs broker can make the difference between a compliant, trouble-free import shipment and delays that can cripple a business’s profitability.
Rather than risk a delayed or returned shipment, successful importers invest in customs brokerage services to build a reputation for compliance with CBP and PGA regulations.
If you’re planning to import footwear, our experienced U.S. Customs brokers have a proven track record of assisting apparel importers with all aspects of customs clearance, from looking up the right HTS code for imported shoes to meeting strict documentation requirements for preferential tariff treatment. Call us at (855) 912-0406 or contact us online today to find out how we can put our experience to work for your importing business.
§ 1910.136 Foot protection, Code of Federal Regulations, May 14, 2019
PART 24—GUIDES FOR SELECT LEATHER AND IMITATION LEATHER PRODUCTS, 61 FR 51583, Code of Federal Regulations, October 3, 1996
16 CFR Part 301, Regulations Under the Fur Products Labeling Act, Federal Register, November 22, 2011
PART 1610—STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES
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