Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics except (1) footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and (2) except footwear (other than footwear having uppers which from a point 3 cm above the top of the outer sole are entirely of non- molded construction formed by sewing the parts together and having exposed on the outer surface a substantial portion of functional stitching) designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather
Other footwear with outer soles and uppers of rubber or plastics: > Other footwear: > Covering the ankle: > Other: > Having uppers of which over 90 percent of the external surface area (including any accessories or reinforcements such as those mentioned in note 4(a) to this chapter) is rubber or plastics except (1) footwear having a foxing or a foxing-like band applied or molded at the sole and overlapping the upper and (2) except footwear (other than footwear having uppers which from a point 3 cm above the top of the outer sole are entirely of non- molded construction formed by sewing the parts together and having exposed on the outer surface a substantial portion of functional stitching) designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather
Duty Rate (from China)
Except for products described in headings 9903.03.02–9903.03.11, articles the product of any country, as provided for in subdivision (aa) of U.S. note 2 to this subchapter
Subheadings
Products classified under HTS 6402.91.40
Crocs Classic Clog
Waterproof ankle-height clogs featuring uppers constructed almost entirely from Croslite material, a proprietary closed-cell resin that is fundamentally plastic. Over 90% of the external surface area of the upper is plastics with no foxing band overlapping from the sole, classifying it under HTS 6402.91.40 for other rubber/plastics footwear covering the ankle.
Hunter Original Tall Rain Boots
Ankle-covering rain boots with uppers made predominantly from natural rubber, where over 90% of external surface is rubber without foxing overlap or protective overshoe design. Lacks the sewn non-molded construction above 3cm from sole required for weather protection exception, fitting HTS 6402.91.40.
Vivobarefoot Geo Court Racer
Minimalist ankle sneakers with uppers of molded thermoplastic (TPU) comprising over 90% external surface area, no foxing band, and outer sole of rubber. Designed as primary athletic footwear without protective overshoe features, properly classified in HTS 6402.91.40.
UGG Tasman Slipper Boots
Ankle-height slipper boots featuring uppers of EVA (ethylene-vinyl acetate) foam plastics covering over 90% external surface, bonded directly to rubber sole without foxing overlap. Casual indoor/outdoor design lacks protective overshoe characteristics for HTS 6402.91.40.
Birkenstock Arizona EVA Sandals
Ankle-covering EVA strap sandals where plastic straps and footbed covering constitute >90% visible external upper surface, no foxing, classified as other rubber/plastics footwear in HTS 6402.91.40. Open design but meets ankle height and material dominance criteria.
Sorel Buena Vista II Rain Boots
Mid-calf rain boots with injection-molded PVC uppers where plastics cover >90% external surface (excluding minor buckle tabs), no foxing band from sole. Primary waterproof footwear without overshoe protection design for HTS 6402.91.40.
Hoka Ora Recovery Shoe Primo
Ankle-high recovery slide with TPU/plastics upper straps and collar comprising >90% external surface area, bonded to EVA sole without foxing. Post-workout footwear lacking sports/protective exclusions fits HTS 6402.91.40.
Teva Hurricane XLT2 Sport Sandals
Ankle-strapped sport sandals featuring webbing fully encased in visible TPU plastics coating covering >90% external upper surface per naked eye test. No foxing construction classifies under HTS 6402.91.40 for coated plastics footwear.