6401 99 00 — Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes: other footwear: other

6401 Waterproof shoes with the sole and top of rubber or plastic, the top of which is not attached to the sole and is not connected to it by thread, hairpin, nail, screw, rivet, or any other similar method: 6401 10 shoes with a protective metal tray - other shoes: 6401 92 - covering the ankle, but not covering the knee 6401 99 - other

This heading covers waterproof footwear of which both the sole and the top (see paragraphs (C) and (D) of the general provisions) are made of rubber (as defined in Note 1 to Chapter 40), plastics or textile material with an outer layer of rubber or plastic visible to the naked eye (see Note 3 (a) to this Chapter), provided that the top is not fastened to the sole or connected to it by the processes described in the heading. This heading includes shoes intended to protect against the penetration of water or other liquids and, inter alia, certain types of boots, galoshes, bots and ski boots. Shoes belong to this heading even if they are made partly of one and partly of another of the foregoing materials (e.g. the sole may be made of rubber and the top of a textile material with the outer layer of plastic visible to the naked eye, without taking into account any subsequent change in colour). This heading includes, inter alia, footwear manufactured by any process described below: (1) Pressure molding.

According to this technology, the shoe, on which in some cases a textile "sock" is put, which subsequently forms the lining of the product, is placed in a mold containing a workpiece or filled with granules. The mold is closed and placed between the press plates, heated to a high temperature. Under the influence of temperature, the viscosity of the granules or blanks increases to a certain extent when they completely fill the space between the pad and the walls of the mold; the excess of the moldable material is removed through the exhaust holes, and its main mass is vulcanized (rubber) or solidified (polyvinyl chloride). After completion of the molding process, the finished product is removed from the mold and removed from the shoe. (2) Pressure casting. This technology is similar to pressure molding except that the workpieces or pellets used in the pressure molding process are replaced with a rubber or polyvinyl chloride mixture. The mixture is preheated so that its viscosity reaches the desired consistency for injection into the mold. (3) Formation of a viscous mass. According to this technology, the paste of polyvinyl chloride a or polystyrene is injected into the mold to form a coating, which solidifies, and the excess paste is removed through the exhaust holes. (4) Rotation casting. This process is similar to the formation of a viscous mass with the only difference that the coating in this case is formed when the paste is rotated in a closed mold. (5) Formation by immersion. With this technology, the hot mold is lowered into the paste (a process rarely used in the shoe industry). (6) Assembly during vulcanization. By this technology, a sulfur powder is added to the raw material (usually rubber or thermoplastics), and the mixture is passed through the press to form a flat sheet. The sheet is then cut (and in some cases calendered) into the shape of various parts of the bottom and top (i.e., on the allies, bolts, back nicks, socks, etc.). These parts are slightly heated so that the material becomes sticky, and then assembled on a shoe, the shape of which corresponds to the style of the shoe being manufactured. The assembled product is pressed against the shoe in such a way that all parts are glued together, and then vulcanized. Shoes produced using this technology are known in industry as "building up" shoes. (7) Connection and vulcanization. This technology is used to mold and vulcanize the sole and heel of rubber and attach them to a pre-assembled top in one technological operation. The sole is firmly attached to the top with a binder that hardens during vulcanization. (8) High frequency welding. By this technology, materials are fastened when exposed to temperature and pressure without the help of a binder.

(9) Cementing. By this process, pre-moulded soles or those cut from sheet are attached to the upper by means of an adhesive; pressure is then applied and the article is sent for drying. Although the pressure may be applied at an elevated temperature, the physical properties of the material used for the manufacture of the sole are in no way modified during this operation, since the sole attached to the upper is already formed in its finished state.

Notes

English text as published in Annex I to Regulation (EU) 2021/1832 (Combined Nomenclature). The EAEU tariff and the EU nomenclature copy these notes from the same convention. For a Russian declaration the binding version is the Russian one: Annex to Decision No 80 of the EEC Council of 14 September 2021.

1. This chapter does not cover:

(a) disposable foot or shoe coverings of flimsy material (for example, paper, sheeting of plastics) without applied soles. These products are classified according to their constituent material;

(b) footwear of textile material, without an outer sole glued, sewn or otherwise affixed or applied to the upper (Section XI);

(c) worn footwear of heading 6309;

(d) articles of asbestos (heading 6812);

(e) orthopaedic footwear or other orthopaedic appliances, or parts thereof (heading 9021); or

(f) toy footwear or skating boots with ice or roller skates attached; shin-guards or similar protective sportswear (Chapter 95).

2. For the purposes of heading 6406, the term ‘parts’ does not include pegs, protectors, eyelets, hooks, buckles, ornaments, braid, laces, pompons or other trimmings (which are to be classified in their appropriate headings) or buttons or other goods of heading 9606.

3. For the purposes of this chapter:

(a) the terms ‘rubber’ and ‘plastics’ include woven fabrics or other textile products with an external layer of rubber or plastics being visible to the naked eye; for the purpose of this provision, no account should be taken of any resulting change of colour; and

(b) the term ‘leather’ refers to the goods of headings 4107 and 4112 to 4114.

4. Subject to note 3 to this chapter:

(a) the material of the upper shall be taken to be the constituent material having the greatest external surface area, no account being taken of accessories or reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments;

(b) the constituent material of the outer sole shall be taken to be the material having the greatest surface area in contact with the ground, no account being taken of accessories or reinforcements such as spikes, bars, nails, protectors or similar attachments.

Subheading notes

Machine translation. The original is the Russian text of the EAEU tariff, and customs goes by it; this translation is for understanding only and has no legal force.

1. For the purposes of subheadings 6402 12, 6402 19, 6403 12, 6403 19 and 6404 11, the term “sports footwear” means only:

(a) shoes intended for sport and having spikes, pins, stoppers, clamps, trimmings and similar appliances or having devices for fastening spikes, pins, stoppers, clips, trimmings or similar devices;

(b) skate shoes, ski boots and cross-country ski shoes, snowboard shoes, wrestling, boxing and cycling shoes.

Additional notes

Machine translation. The original is the Russian text of the EAEU tariff, and customs goes by it; this translation is for understanding only and has no legal force.

1. In note 4 (a), the term “reinforcing parts” means all pieces of material (e.g. plastic or leather) attached to the outer surface of the top for strength, attached or not attached to the sole. After removing the reinforcing parts, the visible material should have the characteristics of the top, not the lining.

Sections covered with accessories or reinforcing parts should be counted when a decision is made on the design of the top.

2. Note 4(b) shall not, for classification purposes, take into account one or more layers of textile material which do not possess the properties normally required for use as soles (e.g., strength, durability, etc.).