In your e-mail letter dated October 19, 2008 you requested a tariff classification ruling for removable footwear insoles identified only as an “insole/insert” from China that you indicate is developed for “diabetic” patients and/or shoes, and that you state will be sold in pairs separately from shoes. You have provided a photo of the “Oasis” insole, depicting the cross sectional view of the insole material layering and a statement of the insole’s material composition, but no actual samples or identifying style number. You describe this “Oasis” insole as having a top layer of a textile “microfibre” fabric material. You also state that the balance of the insole is constructed of a layer of “Plastazote (heat moldable)” plastic and two additional thicker layers of “EVA (ethylene vinyl acetate)” foam rubber/plastics material that you indicate are of differing “hardness” or density. We will presume what you have presented in your submitted description and illustrative photograph is accurate. Based on characteristics such as use (for cushioning, shock absorption, support, etc.), component weight/bulk and on the presumed greater cost of the rubber/plastics material layers, it is the rubber/plastics component that provides the essential character of this removable shoe insole.
[1] Please importantly note that only the relevant portion of the related is displayed above. You may refer to the said customs ruling for the entire ruling explanation.
[1]. https://rulings.cbp.gov/ruling/N042123