On April 13, 2010, following a request from the US Department of Treasury (DOT), the US International Trade Commission (ITC) announced its institution of an investigation pursuant to Section 1205 of the Omnibus Trade and Competitiveness Act of 1998 (19 USC. § 3005) entitled Certain Footwear: Recommendations for Modifying the Harmonized Tariff Schedule of the United States. The purpose of the investigation is to provide recommendations to the President on the addition of an Additional US Note to the Harmonized Tariff Schedule of the United States (HTSUS), and on the amendment of classification provisions in Chapter 64 of the HTSUS relating to certain footwear featuring outer soles of rubber or plastic to which a layer of textile material has been added. The DOT’s request letter to the ITC proposed language for the Additional US Note, and proposed changes to the subject classification provisions at the 8-digit level that take into account decisions of the World Customs Organization (WCO) Harmonized System Committee on the classification of particular footwear.

Comments on the proposed HTSUS changes must be submitted on or before May 14, 2010. The ITC is scheduled to release a preliminary report on May 28, 2010. Written submissions for inclusion in the ITC’s final recommendations are due on June 25, 2010, and the ITC will submit its final recommendations to the President on July 12, 2010.