1.This Act may be cited as the
Recreational Performance Outerwear
Apparel Act of 2008
.
2.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.
3.Knit apparel and
accessories
(a)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)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:
6101.20Of cotton:
6101.20.05Recreational performance
outerwearFree 50%
6101.20.10Other15.9%Free (BH, CA, CL,
IL, JO, MX, P, SG)4.8% (MA)15.5% (AU) 50%
.
(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:
6102.10Of wool or fine animal
hair:
6102.10.05Recreational performance
outerwearFree68.3¢kg + 54.5%
6102.10.10Other55.9¢kg +
16.4%Free (BH, CA, CL, IL, JO, MX, P, SG)17.1¢kg + 5%
(MA)15.5% (AU)68.3¢kg + 54.5%
.
(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:
6102.20Of cotton:
6102.20.05Recreational performance
outerwearFree 50%
6102.20.10Other15.9%Free (BH, CA, CL,
IL, JO, MX, P, SG)4.8% (MA)15.5% (AU) 50%
.
(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:
6104.61Trousers, bib and brace
overalls, breeches and shorts:
6104.61.05Recreational performance
outerwearFree 54.5%
6104.61.10Of wool or fine animal
hair14.9%Free (BH, CA, CL, IL, JO, MX, P,
SG)4.5% (MA)13.4% (AU) 54.5%
.
(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:
6114.20Of cotton:
6114.20.05Recreational performance
outerwearFree 90%
6114.20.10Other10.8%Free (BH, CA, CL,
IL, JO, MX, P, SG)3.2% (MA)9.7% (AU) 90%
.
(c)Additional
tariff classificationsChapter 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:
6101.30.05Recreational performance outerwearFree35%
.
(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:
6101.90.01Recreational performance outerwearFree45%
.
(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:
6102.30.01Recreational performance outerwearFree35%
.
(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:
6102.90.05Recreational performance outerwearFree45%
.
(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:
6103.41.05Recreational performance outerwearFree77.2¢/kg
+54.5%
.
(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:
6103.42.05Recreational performance outerwearFree45%
.
(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:
6103.43.05Recreational performance outerwearFree77.2¢/kg
+54.5%
.
(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:
6103.49.05Recreational performance outerwearFree72%
.
(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:
6104.62.05Recreational performance outerwearFree90%
.
(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:
6104.63.05Recreational performance outerwearFree72%
.
(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:
6104.69.05Recreational performance outerwearFree72%
.
(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:
6112.20.05Recreational performance outerwearFree72%
.
(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:
6113.00.05Recreational performance outerwearFree65%
.
(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:
6114.30.25Recreational performance outerwearFree90%
.
(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:
6114.90.01Recreational performance outerwearFree90%
.
4.Apparel articles
and accessories of other materials
(a)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)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:
6201.11Of wool or fine animal
hair:
6201.11.05Recreational performance
outerwearFree52.9¢/kg + 58.5%
6201.11.10Other41¢/kg +
16.3%Free (BH, CA, CL, IL, JO, MX, P, SG)12.6¢/kg
+5% (MA)15.5% (AU)52.9¢/kg + 58.5%
.
(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:
6202.11Of wool or fine animal
hair:
6202.11.05Recreational performance
outerwearFree46.3¢/kg + 58.5%
6202.11.10Other41¢/kg +
16.3%Free (BH, CA, CL, IL, JO, MX, P, SG)12.6¢/kg
+5% (MA)15.5% (AU)46.3¢/kg + 58.5%
.
(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:
6203.41Of wool or fine animal
hair:
6203.41.05Recreational performance
outerwearFree52.9¢/kg + 58.5%
Trousers, breeches, and
shorts:
6203.41.10Trousers, breeches, or shorts
containing elastomeric fiber, water resistant, without beltloops, weighing more
than 9 kg per dozen7.6%Free (BH, CA, CL, IL, JO, MX, P,
SG)2.2% (MA)6.8% (AU)52.9¢/kg + 58.5%
.
(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:
6211.20Ski-suits:
6211.20.02Recreational performance
outerwearFree60%
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:
6211.20.04Anoraks (including ski-jackets),
windbreakers and similar articles (including padded, sleeveless jackets)
imported as parts of suits0.7%Free (AU, BH, CA, CL, E*, IL, JO,
MX, P, SG)0.3% (MA)60%
.
(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):
6211.32Of cotton:
6211.32.05Recreational performance
outerwearFree 90%
6211.32.10Other8.1%Free (AU, BH, CA, CL, IL, JO, MX,
P, SG)2.4% (MA) 90%
.
(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):
6211.33Of man-made
fibers:
6211.33.05Recreational performance
outerwearFree76%
6211.33.10Other16%Free (AU, BH, CA,
CL, IL, JO, MX, P, SG)See 9912.62.99–9912.63.00 (MA)76%
.
(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):
6211.39Of other textile
materials:
6211.39.04Recreational performance
outerwearFree
6211.39.08Of wool or fine animal
hair12%Free (AU, BH, CA, CL, IL, JO, MX, P, SG)3.7%
(MA)58.5%
.
(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):
6211.41Of wool or fine animal
hair:
6211.41.05Recreational performance
outerwearFree58.5%
6211.41.10Other12%Free (BH, CA, CL,
IL, JO, MX, P, SG)3.7% (MA)10.8% (AU)58.5%
.
(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):
6211.42Of cotton:
6211.42.05Recreational performance
outerwearFree90%
6211.42.10Other8.1%Free (BH, CA, CL, IL, JO, MX, P,
SG) 7.2% (AU) See 9912.63.01–9912.63.02
(MA)90%
.
(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):
6211.43Of man-made
fibers:
6211.43.05Recreational performance
outerwearFree90%
6211.43.10Other16%Free (BH, CA, CL,
IL, JO, MX, P, SG)4.8% (MA)15.5% (AU)90%
.
(c)Additional
classificationsChapter 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:
6201.12.05Recreational performance outerwearFree60%
.
(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:
6201.13.05Recreational performance outerwearFree60%
.
(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:
6201.19.05Recreational performance outerwearFree35%
.
(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:
6201.91.05Recreational performance outerwearFree58.5%
.
(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:
6201.92.05Recreational performance outerwearFree60%
.
(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:
6201.93.05Recreational performance outerwearFree60%
.
(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:
6201.99.05Recreational performance outerwearFree35%
.
(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:
6202.12.05Recreational performance outerwearFree60%
.
(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:
6202.13.05Recreational performance outerwearFree60%
.
(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:
6202.19.05Recreational performance outerwearFree35%
.
(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:
6202.91.05Recreational performance outerwearFree58.5%
.
(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:
6202.92.05Recreational performance outerwearFree60%
.
(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:
6202.93.05Recreational performance outerwearFree60%
.
(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:
6202.99.05Recreational performance outerwearFree35%
.
(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:
6203.42.05Recreational performance outerwearFree60%
.
(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:
6203.43.05Recreational performance outerwearFree60%
.
(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:
6203.49.05Recreational performance outerwearFree76%
.
(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:
6204.61.05Recreational performance outerwearFree58.5%
.
(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:
6204.62.05Recreational performance outerwearFree60%
.
(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:
6204.63.05Recreational performance outerwearFree60%
.
(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:
6204.69.05Recreational performance outerwearFree76%
.
(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:
6210.10.05Recreational performance outerwearFree26.5%
.
(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:
6210.20.05Recreational performance outerwearFree65%
.
(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:
6210.30.05Recreational performance outerwearFree65%
.
(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:
6210.40.05Recreational performance outerwearFree65%
.
(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:
6210.50.05Recreational performance outerwearFree65%
.
(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:
6211.49.05Recreational performance outerwearFree35%
.
5.Sustainable
textile and apparel research fund
(a)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)There
shall be deposited into the STAR Fund amounts equal to the fees collected on
recreational performance outerwear under subsection (d).
(c)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)
(1)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)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)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)
(1)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)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)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)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)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.
6.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.