[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3439 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3439

To provide for duty free treatment of certain recreational performance 
                   outerwear, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2008

  Mr. Salazar (for himself, Mr. Crapo, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To provide for duty free treatment of certain recreational performance 
                   outerwear, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recreational Performance Outerwear 
Apparel Act of 2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The outdoor industry contributes $730,000,000,000 to 
        the United States economy annually.
            (2) Outdoor activities are vitally important to the health 
        and well-being of all Americans.
            (3) Duty rates on performance apparel are among the highest 
        imposed by the United States Government, with some as high as 
        28.2 percent.
            (4) Average collected duties on recreational performance 
        apparel totaled an estimated $70,000,000 during 2007.
            (5) The duties currently imposed by the United States were 
        set in an era during which high rates of duty were intended to 
        protect United States production of other apparel, and before 
        the technologies and innovations were developed to create 
        today's performance apparel industry.
            (6) The International Trade Commission (ITC) has confirmed 
        in USITC Publication 3937 dated July 2007 that United States 
        production of recreational performance apparel is less than one 
        percent of the total Recreational Performance Outerwear market 
        and therefore concluded that there is no commercially viable 
        United States production of recreational use performance 
        apparel.
            (7) The Committee for the Implementation of Textile 
        Agreements (CITA) in 70 Fed. Reg. 210 (1 November 2005) 
        confirmed that imports of certain recreational performance 
        apparel do not contribute to domestic market disruption or 
        adversely affect United States textile and apparel producers.
            (8) There is no commercially viable production in the 
        United States of recreational performance apparel as defined 
        under this Act.
            (9) The elimination of duties on the importation of certain 
        recreational performance apparel would provide an economic 
        benefit to United States consumers of outdoor products and 
        would promote increased participation in healthy and active 
        lifestyles.

SEC. 3. KNIT APPAREL AND ACCESSORIES.

    (a) Definitions.--The Additional U.S. Note to Chapter 61 of the 
Harmonized Tariff Schedule of the United States is amended--
            (1) by striking ``Additional U.S. Note'' and inserting 
        ``Additional U.S. Notes''; and
            (2) by adding at the end the following new notes:
    ``2. For purposes of this chapter, the term `recreational 
performance outerwear' means pants (including, but not limited to, 
paddling pants, ski or snowboard pants, and ski or snowboard pants 
intended for sale as parts of ski suits), coveralls and bib overalls, 
and jackets (including, but not limited to, full zip jackets, paddling 
jackets, ski jackets, and ski jackets intended for sale as parts of ski 
suits), windbreakers, and similar articles (including padded, 
sleeveless jackets), the outer surface of which is predominately 
composed of knit fabrics of cotton, wool, hemp, bamboo, silk, or 
manmade fiber, or a combination of such fibers, that are water-
resistant, visibly coated, or any combination thereof, with critically 
sealed seams, with 5 or more of the following options:
            ``(a) Insulation for cold weather protection.
            ``(b) Pockets, at least one of which has a zippered, hook 
        and loop, or other type of closure.
            ``(c) Elastic, drawcord, or other means of tightening 
        around the waist or leg hems, including hidden leg sleeves with 
        a means of tightening at the ankle for pants and tightening 
        around the waist or bottom hem for jackets.
            ``(d) Venting.
            ``(e) Articulated elbows or knees.
            ``(f) Reinforcement in one of the following areas: the 
        elbows, shoulders, seat, knees, or ankles or cuffs.
            ``(g) Weatherproof closure at the waist or front.
            ``(h) Multi-adjustable hood or collar.
            ``(i) Adjustable powder, inner protective skirt, or 
        adjustable inner protective cuff at sleeve hem.
            ``(j) Construction at the arm gusset that utilizes fabric, 
        design, or patterning to ensure radial arm movement.
            ``(k) Odor control technology.
The term `recreational performance outerwear' does not include 
occupational outerwear.
    ``3. For purposes of Additional U.S. Note 2, the following terms 
have the following meanings:
            ``(a) The term `absorption' means the process of gases or 
        liquids being taken up into the pores of textile fibers, yarns, 
        fabrics, or any other material.
            ``(b) The terms `adjustable powder' and `inner protective 
        skirt' refer to a partial lower inner lining with means of 
        tightening around the waist for additional protection from the 
        elements.
            ``(c) The term `adsorption' means the attraction of gases, 
        liquids, or solids to surface areas of textile fibers, yarns, 
        fabrics, or any other material.
            ``(d) The term `articulated elbows or knees' refers to the 
        construction of a sleeve (or pant leg) to allow improved 
        mobility at the elbow (or knee) through the use of extra seams, 
        darts, gussets, or other means.
            ``(e) The term `critically sealed seams' means--
                    ``(i) for jackets, sealed seams that are sealed at 
                the shoulders, or arm holes, or both, and at any front 
                and back yokes, and
                    ``(ii) for pants, sealed seams that are sealed at 
                the front (up to the zipper or other means of closure) 
                and back rise.
            ``(f) The term `insulation for cold weather protection' 
        means insulation with either synthetic fill, down, a laminated 
        thermal backing, or other lining for thermal protection from 
        cold weather.
            ``(g) The term `multi-adjustable hood or adjustable collar' 
        means a draw cord, adjustment tab, or elastic incorporated into 
        the hood or collar construction to allow volume adjustments 
        around the crown of the head or neck.
            ``(h) The term `odor control technology' means a technology 
        in a fabric or garment capable of adsorbing, absorbing, or 
        changing the chemical source of human odors, including the use 
        of activated carbon, silver, copper, or any combination 
        thereof.
            ``(i) The term `occupational outerwear' means outerwear 
        garments intended for use in the workplace or as uniforms. Such 
        garments are designed for, and normally worn by workers that 
        include, but are not limited to, military, law enforcement, 
        fire, rescue, emergency, industrial, residential, safety, 
        healthcare, and government workers (excluding recreational 
        workers) and provide durable protection from cold or inclement 
        weather, as well as safety from workplace hazards, such as, 
        fire, electrical, abrasion, chemicals, impacts, cuts, 
        punctures, or similar hazards.
            ``(j) The term `radial arm movement' refers to the ability 
        for unrestricted, 180-degree range of motion for the arm while 
        wearing a performance outerwear jacket.
            ``(k) The term `reinforcement' refers to the use of a 
        double layer of fabric or application of fabric that is 
        abrasion-resistant, heavier, or more durable than the 
        predominant or face fabric of the garment.
            ``(l) The term `sealed seam' means a seam that has been 
        covered by means of taping, gluing, bonding, cementing, fusing, 
        welding, or a similar process so that water cannot pass through 
        it when tested in accordance with AATCC Test Method 35-1985.
            ``(m) The term `technical fabrics' means textile products 
        that have special functionality such as those used in 
        industrial, aerospace, military, marine, outdoor, medical, 
        construction, geotextile, transportation, and high technology 
        applications.
            ``(n) The term `venting' refers to closeable or permanent 
        constructed openings in a garment (excluding front, primary 
        zipper closures) to allow increased expulsion of built-up heat 
        during outdoor activities. In a jacket, the openings are often 
        positioned on the underarm seam of a garment but may also be 
        placed along other seams in the front or back of a garment. In 
        pants, the openings are often positioned on the inner or outer 
        leg seams of a garment but may also be placed along other seams 
        in the front or back of a garment.
            ``(o) The term `visibly coated' refers to fabric that is 
        impregnated, coated, covered, or laminated with plastics.
            ``(p) The term `water resistant' means that a garment must 
        have a water resistance (see ASTM designations D 3600-81 and D 
        3781-79) such that, under a head pressure of 600 millimeters, 
        not more than 1.0 gram of water penetrates after two minutes 
        when tested in accordance with AATCC Test Method 35-1985. This 
        water resistance is the result of a rubber or plastics 
        application to the outer shell, lining, or inner lining.
            ``(q) The term `weatherproof closure' means a closure 
        (including, but not limited to, laminated or coated zippers, 
        storm flaps, or other weatherproof construction) that has been 
        reinforced or engineered in a manner to reduce the penetration 
        or absorption of moisture, air, and inclement weather through 
        an opening in the garment.
    ``4. For purposes of this chapter, goods meeting the definition of 
`recreational performance outerwear' shall be classified under the 
subheading which provides for `recreational performance outerwear' 
regardless of whether it may also be classified under other provisions 
of this Schedule.
    ``5. For purposes of this chapter, goods claimed as `recreational 
performance outerwear' shall identify on entry of the goods whether the 
outer surface is water-resistant, visibly-coated, or a combination 
thereof, plus the specific features that make the goods eligible for 
entry as recreational performance outerwear.''.
    (b) Tariff Classifications.--Chapter 61 of the Harmonized Tariff 
Schedule of the United States is amended as follows:
            (1) By striking subheading 6101.20.00 and inserting the 
        following, with the article description for subheading 6101.20 
        having the same degree of indentation as the article 
        description for subheading 6101.30:


``      6101.20   Of cotton:                                    ........................
     6101.20.05     Recreational                         Free   ........................                50%
                     performance outerwear
     6101.20.10     Other.................              15.9%   Free (BH, CA, CL, IL,                   50%   ''
                                                                 JO, MX, P, SG)                                .
                                                                4.8% (MA)
                                                                15.5% (AU)

            (2) By striking subheading 6102.10.00 and inserting the 
        following, with the article description for subheading 6012.10 
        having the same degree of indentation as the article 
        description for subheading 6102.30:


``      6102.10   Of wool or fine animal                        ........................
                   hair:
     6102.10.05     Recreational                         Free   ........................     68.3 centskg +
                     performance outerwear                                                            54.5%
     6102.10.10     Other.................     55.9 centskg +   Free (BH, CA, CL, IL,        68.3 centskg +   ''
                                                        16.4%    JO, MX, P, SG)                       54.5%    .
                                                                17.1 centskg + 5% (MA)
                                                                15.5% (AU)

            (3) By striking subheading 6201.20.00 and inserting the 
        following, with the article description for subheading 6102.10 
        having the same degree of indentation as the article 
        description for subheading 6102.30:


``      6102.20   Of cotton:                                    ........................
     6102.20.05     Recreational                         Free   ........................                50%
                     performance outerwear
     6102.20.10     Other.................              15.9%   Free (BH, CA, CL, IL,                   50%   ''
                                                                 JO, MX, P, SG)                                .
                                                                4.8% (MA)
                                                                15.5% (AU)

            (4) By striking subheading 6104.61.00 and inserting the 
        following, with the article description for subheading 6104.61 
        having the same degree of indentation as the article 
        description for subheading 6104.59:


``      6104.61   Trousers, bib and brace                       ........................
                   overalls, breeches and
                   shorts:
     6104.61.05     Recreational                         Free   ........................              54.5%
                     performance outerwear
     6104.61.10     Of wool or fine animal              14.9%   Free (BH, CA, CL, IL,                 54.5%   ''
                     hair.................                       JO, MX, P, SG)                                .
                                                                4.5% (MA)
                                                                13.4% (AU)

            (5) By striking subheading 6114.20.00 and inserting the 
        following, with the article description for subheading 6114.20 
        having the same degree of indentation as the article 
        description for subheading 6114.30:


``      6114.20   Of cotton:                                    ........................
     6114.20.05     Recreational                         Free   ........................                90%
                     performance outerwear
     6114.20.10     Other.................              10.8%   Free (BH, CA, CL, IL,                   90%   ''
                                                                 JO, MX, P, SG)                                .
                                                                3.2% (MA)
                                                                9.7% (AU)

    (c) Additional Tariff Classifications.--Chapter 61 of the 
Harmonized Tariff Schedule of the United States is further amended as 
follows:
            (1) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6101.30.10:


``       6101.30.05       Recreational         Free                 ...................  35%                  ''
                           performance                                                                         .
                           outerwear.........

            (2) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6101.90.05:


``       6101.90.01       Recreational         Free                 ...................  45%                  ''
                           performance                                                                         .
                           outerwear.........

            (3) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6102.30.05:


``       6102.30.01       Recreational         Free                 ...................  35%                  ''
                           performance                                                                         .
                           outerwear.........

            (4) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6102.90.10:


``       6102.90.05       Recreational         Free                 ...................  45%                  ''
                           performance                                                                         .
                           outerwear.........

            (5) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6103.41.10:


``       6103.41.05       Recreational         Free                 ...................  77.2 cents/kg +      ''
                           performance                                                   54.5%                 .
                           outerwear.........

            (6) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6103.42.10:


``       6103.42.05       Recreational         Free                 ...................  45%                  ''
                           performance                                                                         .
                           outerwear.........

            (7) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6103.43.10:


``       6103.43.05       Recreational         Free                 ...................  77.2 cents/kg +      ''
                           performance                                                   54.5%                 .
                           outerwear.........

            (8) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6103.49.10:


``       6103.49.05       Recreational         Free                 ...................  72%                  ''
                           performance                                                                         .
                           outerwear.........

            (9) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6104.62.10:


``       6104.62.05       Recreational         Free                 ...................  90%                  ''
                           performance                                                                         .
                           outerwear.........

            (10) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6104.63.10:


``       6104.63.05       Recreational         Free                 ...................  72%                  ''
                           performance                                                                         .
                           outerwear.........

            (11) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6104.69.05:


``       6104.69.05       Recreational         Free                 ...................  72%                  ''
                           performance                                                                         .
                           outerwear.........

            (12) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6112.20.10:


``       6112.20.05       Recreational         Free                 ...................  72%                  ''
                           performance                                                                         .
                           outerwear.........

            (13) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6113.00.10:


``       6113.00.05       Recreational         Free                 ...................  65%                  ''
                           performance                                                                         .
                           outerwear.........

            (14) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6114.30.20:


``       6114.30.25       Recreational         Free                 ...................  90%                  ''
                           performance                                                                         .
                           outerwear.........

            (15) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6114.90.05:


``       6114.90.01       Recreational         Free                 ...................  90%                  ''
                           performance                                                                         .
                           outerwear.........

SEC. 4. APPAREL ARTICLES AND ACCESSORIES OF OTHER MATERIALS.

    (a) Notes.--The Additional U.S. Notes to chapter 62 of the 
Harmonized Tariff Schedule of the United States is amended--
            (1) in Additional U.S. Note 2, by striking ``For purposes 
        of subheadings'' and all that follows through ``6211.20.15'' 
        and inserting ``For purposes of this chapter''; and
            (2) by adding at the end the following new notes:
    ``3. For purposes of this chapter, the term `recreational 
performance outerwear' means pants (including, but not limited to, 
paddling pants, ski or snowboard pants, and ski or snowboard pants 
intended for sale as parts of ski suits), coveralls and bib overalls, 
and jackets (including, but not limited to, full zip jackets, paddling 
jackets, ski jackets, and ski jackets intended for sale as parts of ski 
suits), windbreakers, and similar articles (including padded, 
sleeveless jackets), the outer surface of which is predominately 
composed of woven fabrics of cotton, wool, hemp, bamboo, silk, or 
manmade fiber, or a combination of such fibers, that are water-
resistant, visibly coated, or any combination thereof, with critically 
sealed seams, with 5 or more of the following options:
            ``(a) Insulation for cold weather protection.
            ``(b) Pockets, at least one of which has a zippered, hook 
        and loop, or other type of closure.
            ``(c) Elastic, drawcord, or other means of tightening 
        around the waist or leg hems, including hidden leg sleeves with 
        a means of tightening at the ankle for pants and tightening 
        around the waist or bottom hem for jackets.
            ``(d) Venting.
            ``(e) Articulated elbows or knees.
            ``(f) Reinforcement in one of the following areas: the 
        elbows, shoulders, seat, knees, or ankles or cuffs.
            ``(g) Weatherproof closure at the waist or front.
            ``(h) Multi-adjustable hood or collar.
            ``(i) Adjustable powder, inner protective skirt, or 
        adjustable inner protective cuff at sleeve hem.
            ``(j) Construction at the arm gusset that utilizes fabric, 
        design, or patterning to ensure radial arm movement.
            ``(k) Odor control technology.
The term `recreational performance outerwear' does not include 
occupational outerwear.
    ``4. For purposes of Additional U.S. Note 3, the following terms 
have the following meanings:
            ``(a) The term `absorption' means the process of gases or 
        liquids being taken up into the pores of textile fibers, yarns, 
        fabrics, or any other material.
            ``(b) The terms `adjustable powder' and `inner protective 
        skirt' refer to a partial lower inner lining with means of 
        tightening around the waist for additional protection from the 
        elements.
            ``(c) The term `adsorption' means the attraction of gases, 
        liquids, or solids to surface areas of textile fibers, yarns, 
        fabrics, or any other material.
            ``(d) The term `articulated elbows or knees' refers to the 
        construction of a sleeve (or pant leg) to allow improved 
        mobility at the elbow (or knee) through the use of extra seams, 
        darts, gussets, or other means.
            ``(e) The term `critically sealed seams' means--
                    ``(i) for jackets, sealed seams that are sealed at 
                the shoulders, or arm holes, or both, and at any front 
                and back yokes, and
                    ``(ii) for pants, sealed seams that are sealed at 
                the front (up to the zipper or other means of closure) 
                and back rise.
            ``(f) The term `insulation for cold weather protection' 
        means insulation with either synthetic fill, down, a laminated 
        thermal backing, or other lining for thermal protection from 
        cold weather.
            ``(g) The term `multi-adjustable hood or adjustable collar' 
        means a draw cord, adjustment tab, or elastic incorporated into 
        the hood or collar construction to allow volume adjustments 
        around the crown of the head or neck.
            ``(h) The term `odor control technology' means a technology 
        in a fabric or garment capable of adsorbing, absorbing, or 
        changing the chemical source of human odors, including the use 
        of activated carbon, silver, copper, or any combination 
        thereof.
            ``(i) The term `occupational outerwear' means outerwear 
        garments intended for use in the workplace or as uniforms. Such 
        garments are designed for, and normally worn by workers that 
        include, but are not limited to, military, law enforcement, 
        fire, rescue, emergency, industrial, residential, safety, 
        healthcare, and government workers (excluding recreational 
        workers) and provide durable protection from cold or inclement 
        weather, as well as safety from workplace hazards, such as, 
        fire, electrical, abrasion, chemicals, impacts, cuts, 
        punctures, or similar hazards.
            ``(j) The term `radial arm movement' refers to the ability 
        for unrestricted, 180 degree range of motion for the arm while 
        wearing a performance outerwear jacket.
            ``(k) The term `reinforcement' refers to the use of a 
        double layer of fabric or application of fabric that is 
        abrasion-resistant, heavier, or more durable than the 
        predominant or face fabric of the garment.
            ``(l) The term `sealed seam' means a seam that has been 
        covered by means of taping, gluing, bonding, cementing, fusing, 
        welding, or a similar process so that water cannot pass through 
        it when tested in accordance with AATCC Test Method 35-1985.
            ``(m) The term `technical fabrics' means textile products 
        that have special functionality such as those used in 
        industrial, aerospace, military, marine, outdoor, medical, 
        construction, geotextile, transportation, and high technology 
        applications.
            ``(n) The term `venting' refers to closeable or permanent 
        constructed openings in a garment (excluding front, primary 
        zipper closures) to allow increased expulsion of built-up heat 
        during outdoor activities. In a jacket, the openings are often 
        positioned on the underarm seam of a garment but may also be 
        placed along other seams in the front or back of a garment. In 
        pants, the openings are often positioned on the inner or outer 
        leg seams of a garment but may also be placed along other seams 
        in the front or back of a garment.
            ``(o) The term `visibly coated' refers to fabric that is 
        impregnated, coated, covered, or laminated with plastics.
            ``(p) The term `weatherproof closure' means a closure 
        (including, but not limited to, laminated or coated zippers, 
        storm flaps, or other weatherproof construction) that has been 
        reinforced or engineered in a manner to reduce the penetration 
        or absorption of moisture, air, and inclement weather through 
        an opening in the garment.
    ``5. For purposes of this chapter, goods meeting the definition of 
`recreational performance outerwear' shall be classified under the 
subheading which provides for `recreational performance outerwear' 
regardless of whether it may also be classified under other provisions 
of this Schedule.
    ``6. For purposes of this chapter, goods claimed as `recreational 
performance outerwear' shall identify on entry of the goods whether the 
outer surface is water-resistant, visibly-coated, or a combination 
thereof, plus the specific features that make the goods eligible for 
entry as recreational performance outerwear.''.
    (b) Tariff Classifications.--Chapter 62 of the Harmonized Tariff 
Schedule of the United States is amended as follows:
            (1) By striking subheading 6201.11.00 and inserting the 
        following, with the article description for subheading 6201.11 
        having the same degree of indentation as the article 
        description for subheading 6201.12:


``      6201.11   Of wool or fine animal                        ........................
                   hair:
     6201.11.05     Recreational                         Free   ........................    52.9 cents/kg +
                     performance outerwear                                                            58.5%
     6201.11.10     Other.................      41 cents/kg +   Free (BH, CA, CL, IL,       52.9 cents/kg +   ''
                                                        16.3%    JO, MX, P, SG)                       58.5%    .
                                                                12.6 cents/kg +
                                                                5% (MA)
                                                                15.5% (AU)

            (2) By striking subheading 6202.11.00 and inserting the 
        following, with the article description for subheading 6201.11 
        having the same degree of indentation as the article 
        description for subheading 6202.12:


``      6202.11   Of wool or fine animal                        ........................
                   hair:
     6202.11.05     Recreational                         Free   ........................    46.3 cents/kg +
                     performance outerwear                                                            58.5%
     6202.11.10     Other.................      41 cents/kg +   Free (BH, CA, CL, IL,       46.3 cents/kg +   ''
                                                        16.3%    JO, MX, P, SG)                       58.5%    .
                                                                12.6 cents/kg +
                                                                5% (MA)
                                                                15.5% (AU)

            (3) By striking subheadings 6203.41 and 6203.41.05 and 
        inserting the following, with the article description for 
        subheading 6203.41.05 having the same degree of indentation as 
        the article description for subheading 6203.41.20:


``      6203.41   Of wool or fine animal                        ........................
                   hair:
     6203.41.05     Recreational                         Free   ........................    52.9 cents/kg +
                     performance outerwear                                                            58.5%
                  Trousers, breeches, and                       ........................
                   shorts:
     6203.41.10     Trousers, breeches, or               7.6%   Free (BH, CA, CL, IL,       52.9 cents/kg +   ''
                     shorts containing                           JO, MX, P, SG)                       58.5%    .
                     elastomeric fiber,                         2.2% (MA)
                     water resistant,                           6.8% (AU)
                     without beltloops,
                     weighing more than 9
                     kg per dozen.........

            (4) By striking subheadings 6211.20 and 6211.20.04 and 
        inserting the following, with the article description for 
        subheading 6211.20.04 having the same degree of indentation as 
        the article description for subheading 6211.20.08:


``      6211.20   Ski-suits:                                    ........................
     6211.20.02     Recreational                         Free   ........................                60%
                     performance outerwear
                    Containing 15 percent                       ........................
                     or more by weight of
                     down and waterfowl
                     plumage and of which
                     down comprises 35
                     percent or more by
                     weight; containing 10
                     percent or more by
                     wright of down:
     6211.20.04      Anoraks (including                  0.7%   Free (AU, BH, CA, CL,                   60%   ''
                      ski-jackets),                              E*, IL, JO, MX, P, SG)                        .
                      windbreakers and                          0.3% (MA)
                      similar articles
                      (including padded,
                      sleeveless jackets)
                      imported as parts of
                      suits...............

            (5) By striking subheading 6211.32.00 and inserting the 
        following, with the article description for subheading 6211.32 
        having the same degree of indentation as the article 
        description for subheading 6211.32.00 (as in effect on the day 
        before the date of the enactment of this Act):


``      6211.32   Of cotton:                                    ........................
     6211.32.05     Recreational                         Free   ........................                90%
                     performance outerwear
     6211.32.10     Other.................               8.1%   Free (AU, BH, CA, CL,                   90%   ''
                                                                 IL, JO, MX, P, SG)                            .
                                                                2.4% (MA)

            (6) By striking subheading 6211.33.00 and inserting the 
        following, with the article description for subheading 6211.33 
        having the same degree of indentation as the article 
        description for subheading 6211.33.00 (as in effect on the day 
        before the date of the enactment of this Act):


``      6211.33   Of man-made fibers:                           ........................
     6211.33.05     Recreational                         Free   ........................                76%
                     performance outerwear
     6211.33.10     Other.................                16%   Free (AU, BH, CA, CL,                   76%   ''
                                                                 IL, JO, MX, P, SG)                            .
                                                                See 9912.62.99-
                                                                 9912.63.00 (MA)

            (7) By striking subheadings 6211.39 and 6211.39.05 and 
        inserting the following, with the article description for 
        subheading 6211.39 having the same degree of indentation as the 
        article description for subheading 6211.39 (as in effect on the 
        day before the date of the enactment of this Act):


``      6211.39   Of other textile                              ........................
                   materials:
     6211.39.04     Recreational                         Free   ........................
                     performance outerwear
     6211.39.08     Of wool or fine animal                12%   Free (AU, BH, CA, CL,                 58.5%   ''
                     hair.................                       IL, JO, MX, P, SG)                            .
                                                                3.7% (MA)

            (8) By striking subheading 6211.41.00 and inserting the 
        following, with the article description for subheading 6211.41 
        having the same degree of indentation as the article 
        description for subheading 6211.41.00 (as in effect on the day 
        before the date of the enactment of this Act):


``      6211.41   Of wool or fine animal                        ........................
                   hair:
     6211.41.05     Recreational                         Free   ........................              58.5%
                     performance outerwear
     6211.41.10     Other.................                12%   Free (BH, CA, CL, IL,                 58.5%   ''
                                                                 JO, MX, P, SG)                                .
                                                                3.7% (MA)
                                                                10.8% (AU)

            (9) By striking subheading 6211.42.00 and inserting the 
        following, with the article description for subheading 6211.42 
        having the same degree of indentation as the article 
        description for subheading 6211.42.00 (as in effect on the day 
        before the date of the enactment of this Act):


``      6211.42   Of cotton:                                    ........................
     6211.42.05     Recreational                         Free   ........................                90%
                     performance outerwear
     6211.42.10     Other.................               8.1%   Free (BH, CA, CL, IL,                   90%   ''
                                                                 JO, MX, P, SG)                                .
                                                                7.2% (AU)
                                                                 See 9912.63.01-
                                                                 9912.63.02 (MA)

            (10) By striking subheading 6211.43.00 and inserting the 
        following, with the article description for subheading 6211.43 
        having the same degree of indentation as the article 
        description for subheading 6211.43.00 (as in effect on the day 
        before the date of the enactment of this Act):


``      6211.43   Of man-made fibers:                           ........................
     6211.43.05     Recreational                         Free   ........................                90%
                     performance outerwear
     6211.43.10     Other.................                16%   Free (BH, CA, CL, IL,                   90%   ''
                                                                 JO, MX, P, SG)                                .
                                                                4.8% (MA)
                                                                15.5% (AU)

    (c) Additional Classifications.--Chapter 62 of the Harmonized 
Tariff Schedule of the United States is further amended as follows:
            (1) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6201.12.10:


``       6201.12.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (2) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6201.13.10:


``       6201.13.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (3) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6201.19.10:


``       6201.19.05       Recreational         Free                 ...................  35%                  ''
                           performance                                                                         .
                           outerwear.........

            (4) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6201.91.10:


``       6201.91.05       Recreational         Free                 ...................  58.5%                ''
                           performance                                                                         .
                           outerwear.........

            (5) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6201.92.10:


``       6201.92.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (6) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6201.93.10:


``       6201.93.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (7) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6201.99.10:


``       6201.99.05       Recreational         Free                 ...................  35%                  ''
                           performance                                                                         .
                           outerwear.........

            (8) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6202.12.10:


``       6202.12.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (9) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6202.13.10:


``       6202.13.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (10) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6202.19.10:


``       6202.19.05       Recreational         Free                 ...................  35%                  ''
                           performance                                                                         .
                           outerwear.........

            (11) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6202.91.10:


``       6202.91.05       Recreational         Free                 ...................  58.5%                ''
                           performance                                                                         .
                           outerwear.........

            (12) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6202.92.10:


``       6202.92.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (13) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6202.93.10:


``       6202.93.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (14) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6202.99.10:


``       6202.99.05       Recreational         Free                 ...................  35%                  ''
                           performance                                                                         .
                           outerwear.........

            (15) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6203.42.10:


``       6203.42.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (16) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6203.43.10:


``       6203.43.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (17) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6203.49.10:


``       6203.49.05       Recreational         Free                 ...................  76%                  ''
                           performance                                                                         .
                           outerwear.........

            (18) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6204.61.10:


``       6204.61.05       Recreational         Free                 ...................  58.5%                ''
                           performance                                                                         .
                           outerwear.........

            (19) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6204.62.10:


``       6204.62.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (20) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6204.63.10:


``       6204.63.05       Recreational         Free                 ...................  60%                  ''
                           performance                                                                         .
                           outerwear.........

            (21) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6204.69.10:


``       6204.69.05       Recreational         Free                 ...................  76%                  ''
                           performance                                                                         .
                           outerwear.........

            (22) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6210.10.20:


``       6210.10.05       Recreational         Free                 ...................  26.5%                ''
                           performance                                                                         .
                           outerwear.........

            (23) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6210.20.30:


``       6210.20.05       Recreational         Free                 ...................  65%                  ''
                           performance                                                                         .
                           outerwear.........

            (24) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6210.30.30:


``       6210.30.05       Recreational         Free                 ...................  65%                  ''
                           performance                                                                         .
                           outerwear.........

            (25) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6210.40.30:


``       6210.40.05       Recreational         Free                 ...................  65%                  ''
                           performance                                                                         .
                           outerwear.........

            (26) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6210.50.30:


``       6210.50.05       Recreational         Free                 ...................  65%                  ''
                           performance                                                                         .
                           outerwear.........

            (27) By inserting in numerical sequence the following new 
        subheading, with the article description having the same degree 
        of indentation as the article description for subheading 
        6211.49.10:


``       6211.49.05       Recreational         Free                 ...................  35%                  ''
                           performance                                                                         .
                           outerwear.........

SEC. 5. SUSTAINABLE TEXTILE AND APPAREL RESEARCH FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States the Sustainable Textile and Apparel Research Fund (in 
this section referred to as the ``STAR Fund'') for a period of 10 years 
beginning on the date of the enactment of this Act.
    (b) Deposits.--There shall be deposited into the STAR Fund amounts 
equal to the fees collected on recreational performance outerwear under 
subsection (d).
    (c) Board of Directors.--The STAR Fund shall be administered by a 
board of directors (in this section referred to as the ``Board'') 
composed of the following members:
            (1) The Secretary of Commerce.
            (2) Four individuals, familiar with the performance textile 
        industry, including the production of raw materials and the 
        finished products thereof, who shall be appointed by the 
        President. At least three such members shall be representatives 
        of entities that pay the fees imposed upon the importation of 
        recreational performance outerwear under subsection (d).
    (d) Funding.--
            (1) Fee.--In addition to any other fee authorized by law, 
        the Secretary of the Treasury shall charge and collect upon 
        entry for consumption, or withdrawal for consumption, a fee of 
        1.5 percent of the appraised value of imported goods (as 
        determined under section 402 of the Tariff Act of 1930; 19 
        U.S.C. 1401a) that are classifiable under the Harmonized Tariff 
        Schedule of the United States as recreational performance 
        outerwear as defined in U.S. Note 2 to chapter 61 and U.S. Note 
        3 to chapter 62 of the Harmonized Tariff Schedule of the United 
        States.
            (2) Exclusions.--The assessment of fees under paragraph (1) 
        shall not apply to imports of recreational performance 
        outerwear from the following:
                    (A) Any country that is party to a free trade 
                agreement with the United States that is in effect on 
                the date of the enactment of this Act, or that enters 
                into force under the Bipartisan Trade Promotion 
                Authority Act of 2002 (19 U.S.C. 3801 et seq.), or 
                similar subsequent authority.
                    (B) Any country designated as a CBTPA beneficiary 
                country under section 213(b)(5)(B) of the Caribbean 
                Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)).
                    (C) Any country designated as a beneficiary sub-
                Saharan African country under section 506A(a)(1) of the 
                Trade Act of 1974 (19 U.S.C. 2466a(a)(1)), if the 
                President has determined that the country has satisfied 
                the requirements of section 113 of the African Growth 
                and Opportunity Act (19 U.S.C. 3722), and has published 
                that determination in the Federal Register.
                    (D) Any country designated as an ATPDEA beneficiary 
                country under section 204(b)(6)(B) of the Andean Trade 
                Preference Act (19 U.S.C. 3203(b)(6)(B)).
            (3) Termination.--The fee under paragraph (1) shall apply 
        only to entries, or withdrawals from warehouse for consumption, 
        that are made during the 10-year period described in subsection 
        (a).
    (e) Distribution.--
            (1) Quarterly distributions.--The Secretary of Commerce, 
        upon a majority vote of the Board, taken annually, shall, not 
        later than 60 days after the end of each calendar quarter, 
        distribute amounts in the STAR Fund to one or more entities 
        that the Board considers appropriate to use the funds in 
        accordance with subsection (f).
            (2) Eligibility requirements.--An entity may receive funds 
        under paragraph (1) only if the entity--
                    (A) is an organization described in section 
                501(c)(6) of the Internal Revenue Code of 1986 that is 
                exempt from tax under section 501(a) of such Code;
                    (B) is an organization having at least 10 years of 
                experience providing applied research, technology 
                development, and education to all parts of the textile 
                and apparel supply chain, with a research capability 
                demonstrated through past research programs involving 
                supply chain management, product development, fit 
                specifications, operations management, lean 
                manufacturing, and digital supply chain technologies on 
                behalf of the sewn products industry in the United 
                States; and
                    (C) is comprised of members representing the 
                following segments of the supply chain:
                            (i) One or more of the following types of 
                        producers: fiber, yarn, or fabric producers in 
                        the United States.
                            (ii) Apparel producers in the United 
                        States.
                            (iii) Retail companies in the United 
                        States.
    (f) Use of Funds.--Funds distributed under subsection (e) may only 
be used to conduct applied research, development, and education 
activities to enhance the competitiveness of businesses in the United 
States in clean, eco-friendly apparel, other textile and apparel 
articles, and sewn-product design and manufacturing.
    (g) Requirements.--The Secretary of Commerce may impose such 
requirements on the use of funds distributed under subsection (e) as 
the Secretary considers necessary to ensure compliance with subsection 
(f), including requiring reporting and assurances by the entities using 
the funds.
    (h) Reports to Congress.--The Secretary of Commerce shall submit to 
the Congress a report, not later than April 1 of each year, explaining 
in detail how amounts in the STAR Fund were distributed under 
subsection (e) and used under subsection (f) during the preceding 
calendar year.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act apply to goods 
entered, or withdrawn from warehouse for consumption, on or after the 
15th day after the date of the enactment of this Act.
                                 <all>