[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4316 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4316

  To suspend temporarily the duty on certain footwear, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2009

    Mr. Crowley (for himself and Mr. Brady of Texas) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To suspend temporarily the duty on certain footwear, 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 ``Affordable Footwear Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Average collected duties on imported footwear are among 
        the highest of any product sector, totaling approximately 
        $1,700,000,000 during 2008.
            (2) Duty rates on imported footwear are among the highest 
        imposed by the United States Government, with some as high as 
        the equivalent of 67.5 percent ad valorem.
            (3) The duties currently imposed by the United States were 
        set in an era during which high rates of duty were intended to 
        protect production of footwear in the United States.
            (4) Footwear produced in the United States supplies only 
        about 1 percent of the total United States market for footwear. 
        This production is concentrated in distinct product groupings, 
        which are not affected by the provisions of this Act.
            (5) Low- and moderate-income families spend a larger share 
        of their disposable income on footwear than higher-income 
        families.
            (6) Footwear duties, which are higher on lower-price 
        footwear, serve no purpose and are a hidden, regressive tax on 
        those people in the United States least able to pay.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the reduction or elimination of duties on the 
        importation of certain footwear articles would provide 
        significant benefits to United States consumers, particularly 
        lower-income families;
            (2) there is no production in the United States of many 
        footwear articles;
            (3) the reduction or elimination of duties on such articles 
        will not negatively affect manufacturing or employment in the 
        United States; and
            (4) the reduction or elimination of duties on such articles 
        will result in reduced retail prices for consumers.

SEC. 4. TEMPORARY ELIMINATION OR REDUCTION OF DUTIES ON CERTAIN 
              FOOTWEAR.

    (a) Definitions.--The U.S. Notes to subchapter II of chapter 99 of 
the Harmonized Tariff Schedule of the United States are amended by 
adding at the end the following:
            ``(20) For the purposes of headings 9902.64.25 through 
        9902.64.57 and any superior text thereto:
                    ``(a) The term `footwear for men' means footwear of 
                American sizes 6 and larger for males and does not 
                include footwear commonly worn by both sexes.
                    ``(b) The term `footwear for women' means footwear 
                of American sizes 4 and larger, whether for females or 
                of types commonly worn by both sexes.
                    ``(c)(i) The term `work footwear' means, in 
                addition to footwear for men or footwear for women 
                having a metal toe-cap, footwear for men or footwear 
                for women that--
                            ``(A) has outer soles of rubber or 
                        plastics;
                            ``(B) is of a kind designed for use by 
                        persons employed in occupations such as those 
                        related to the agricultural, construction, 
                        industrial, public safety or transportation 
                        sectors; and
                            ``(C) has special features to protect 
                        against hazards in the workplace (such as 
                        resistance to chemicals, compression, grease, 
                        oil, penetration, slippage or static build-up).
                    ``(ii) The term `work footwear' does not include 
                the following:
                            ``(A) sports footwear, tennis shoes, 
                        basketball shoes, gym shoes, training shoes and 
                        the like;
                            ``(B) footwear designed to be worn over 
                        other footwear;
                            ``(C) footwear with open toes or open 
                        heels; or
                            ``(D) footwear (except footwear covered by 
                        heading 6401) of the slip-on type that is held 
                        to the foot without the use of laces or a 
                        combination of laces and hooks or other 
                        features.
            ``(d) The term `house slippers' means footwear of the slip-
        on type designed solely for casual indoor use. The term `house 
        slippers' includes--
                    ``(i) footwear with outer soles not over 3.5 mm in 
                thickness, consisting of cellular rubber, non-grain 
                leather or textile material;
                    ``(ii) footwear with outer soles not over 2 mm in 
                thickness consisting of polyvinyl chloride, whether or 
                not backed; and
                    ``(iii) footwear which, when measured at the ball 
                of the foot, has sole components (including any inner 
                and mid-soles) with a combined thickness not over 8 mm 
                as measured from the outer surface of the uppermost 
                sole component to the bottom surface of the outer sole 
                and which, when measured in the same manner at the area 
                of the heel, has a thickness equal to or less than that 
                at the ball of the foot.''.
    (b) Sense of Congress.--It is the sense of Congress that U.S. 
Customs and Border Protection should treat footwear that has outer 
soles of rubber or plastics to which textile materials are attached, or 
into which such materials are otherwise incorporated, in a manner that 
is consistent with the classification of such footwear in 
Classification Opinions 6404.19/1, 6404.19/2, and 6405.20/1 of the 
Harmonized System Committee of the World Customs Organization.
    (c) Amendments to HTS.--Subchapter II of chapter 99 of the 
Harmonized Tariff Schedule of the United States is amended by inserting 
in numerical sequence the following new headings:


``     9902.64.25      Vulcanized rubber   Free         No change        No change        On or before 12/
                        lug boot bottoms                                                   31/2012.......
                        for use in
                        fishing waders
                        (provided for in
                        subheading
                        6401.92.90)......
        9902.64.26     Vulcanized rubber   Free         No change        No change        On or before 12/
                        footwear with                                                      31/2012.......
                        molded soles,
                        lasted uppers
                        (not molded or
                        injected) of more
                        than 70 percent
                        by weight natural
                        rubber, valued
                        over $25/pair,
                        measuring in
                        height from the
                        bottom of the
                        outer sole to the
                        top of the upper
                        over 19 cm, the
                        foregoing
                        designed to be
                        used in lieu of,
                        but not over,
                        other footwear as
                        a protection
                        against water or
                        cold or inclement
                        weather (provided
                        for in subheading
                        6401.92.90)......
       9902.64.27      Sports footwear     Free         No change        No change        On or before 12/
                        with outer soles                                                   31/2012.......
                        and uppers of
                        rubber or
                        plastics (other
                        than golf shoes),
                        having uppers of
                        which over 90
                        percent of the
                        external surface
                        area (including
                        any accessories
                        or
                        reinforcements)
                        is rubber or
                        plastics (except
                        footwear having
                        foxing or a
                        foxing-like band
                        applied or molded
                        at the sole and
                        overlapping the
                        upper); the
                        foregoing not
                        including
                        footwear for
                        women (provided
                        for in subheading
                        6402.19.15)......
       9902.64.28      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2012.......
                        uppers of rubber
                        or plastics,
                        covering the
                        ankle and
                        incorporating a
                        protective metal
                        toe-cap, having
                        uppers of which
                        over 90 percent
                        of the external
                        surface area is
                        rubber or
                        plastics
                        (provided for in
                        subheading
                        6402.91.05)......
       9902.64.29      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2012.......
                        uppers of rubber
                        or plastics,
                        covering the
                        ankle and
                        incorporating a
                        protective metal
                        toe-cap, valued
                        not over $3/pair
                        (provided for in
                        subheading
                        6402.91.16)......
        9902.64.30     Footwear (other     Free         No change        No change        On or before 12/
                        than work                                                          31/2012.......
                        footwear) with
                        outer soles and
                        uppers of rubber
                        or plastics,
                        covering the
                        ankle, not
                        incorporating a
                        protective metal
                        toe-cap, having
                        uppers of which
                        over 90 percent
                        of the external
                        surface area is
                        rubber or
                        plastics
                        (provided for in
                        subheading
                        6401.91.40)......
        9902.64.31     Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2012.......
                        uppers of rubber
                        or plastics,
                        designed to be
                        used in lieu of,
                        but not over,
                        other footwear as
                        a protection
                        against water,
                        oil, grease or
                        chemicals or cold
                        or inclement
                        weather, valued
                        over $20/pair,
                        and if designed
                        for men or women
                        the height of
                        which does not
                        exceed 20.32 cm
                        or if designed
                        for other persons
                        the height of
                        which does not
                        exceed 17.72 cm;
                        the foregoing not
                        to include
                        vulcanized
                        footwear and
                        footwear with
                        waterproof molded
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper, where
                        protection
                        against water is
                        imparted by the
                        use of a coated
                        laminated fabric
                        (provided for in
                        subheading
                        6402.91.50)......
       9902.64.32      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2012.......
                        uppers of rubber
                        or plastics,
                        covering the
                        ankle, valued
                        over $12/pair
                        (provided for in
                        subheading
                        6402.91.90)......
       ..............  Footwear with       ...........  ...............  ...............
                        outer soles and
                        uppers of rubber
                        or plastics,
                        other than
                        covering the
                        ankle and other
                        than sports
                        footwear:
        9902.64.33       Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheading
                          6402.99.04.....
       9902.64.34        Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheading
                          6402.99.12.....
        9902.64.35       Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheading
                          6402.99.31.....
       9902.64.36      Footwear designed   Free         No change        No change        On or before 12/
                        to be used in                                                      31/2012.......
                        lieu of, but not
                        over, other
                        footwear, valued
                        over $20/pair
                        (other than
                        vulcanized
                        footwear and
                        footwear with
                        waterproof molded
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper), where
                        protection
                        against water is
                        imparted by the
                        use of a coated
                        or laminated
                        textile fabric
                        (provided for in
                        subheading
                        6402.99.33)......
       ..............  Footwear with       ...........  ...............  ...............
                        outer soles and
                        uppers of rubber
                        or plastics, not
                        specially
                        described or
                        indicated in any
                        other heading of
                        this subchapter:
        9902.64.37       Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheading
                          6402.99.40.....
        9902.64.38       Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheading
                          6402.99.60.....
        9902.64.39       Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheading
                          6402.99.70.....
       9902.64.40      Welt footwear with  Free         No change        No change        On or before 12/
                        pigskin uppers                                                     31/2012.......
                        (provided for in
                        subheading
                        6403.40.30)......
       9902.64.41      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2012.......
                        uppers of
                        leather, covering
                        the ankle, other
                        than footwear for
                        women (provided
                        for in subheading
                        6403.51.90)......
       9902.64.42      Turn or turned      Free         No change        No change        On or before 12/
                        footwear, other                                                    31/2012.......
                        than footwear for
                        men or footwear
                        for women
                        (provided for in
                        subheading
                        6403.59.15)......
       9902.64.43      Footwear for men,   Free         No change        No change        On or before 12/
                        and footwear for                                                   31/2012.......
                        youths and boys,
                        covering the
                        ankle, other than
                        work footwear and
                        other than slip-
                        on footwear
                        (except such
                        footwear with
                        sole components,
                        including any mid-
                        soles but
                        excluding any
                        inner soles,
                        which when
                        measured at the
                        ball of the foot
                        have a combined
                        thick-ness less
                        than 13.5 mm),
                        the foregoing
                        valued over $20/
                        pair (provided
                        for in subheading
                        6403.91.60)......
        9902.64.44     Footwear (other     Free         No change        No change        On or before 12/
                        than footwear for                                                  31/2012.......
                        men or footwear
                        for youths and
                        boys) covering
                        the ankle, other
                        than work
                        footwear and
                        other than slip-
                        on footwear, but
                        including such
                        footwear with a
                        heel over 15 mm
                        in height as
                        measured from the
                        bottom of the
                        sole or sole
                        components
                        (including any
                        mid-soles but
                        excluding any
                        inner soles)
                        which when
                        measured at the
                        ball of the foot
                        have a combined
                        thickness less
                        than 13.5 mm, the
                        foregoing valued
                        not over $20/pair
                        (provided for in
                        subheading
                        6403.91.90)......
        9902.64.45     Footwear for        Free         No change        No change        On or before 12/
                        youths and boys,                                                   31/2012.......
                        other than house
                        slippers and work
                        footwear
                        (provided for in
                        subheading
                        6403.99.60)......
       9902.64.46      House slippers for  Free         No change        No change        On or before 12/
                        persons other                                                      31/2012.......
                        than men, youths
                        and boys, the
                        foregoing valued
                        not over $2.50/
                        pair (provided
                        for in subheading
                        6403.99.75)......
       9902.64.47      Footwear valued     Free         No change        No change        On or before 12/
                        over $2.50/pair                                                    31/2012.......
                        (other than
                        footwear for men,
                        youths and boys,
                        and footwear for
                        women), the
                        foregoing not to
                        include house
                        slippers and work
                        footwear
                        (provided for in
                        subheading
                        6403.99.90)......
       ..............  Sports footwear,    ...........  ...............  ...............
                        tennis shoes,
                        basketball shoes,
                        gym shoes,
                        training shoes
                        and the like,
                        with outer soles
                        of rubber or
                        plastics and
                        uppers of textile
                        materials:
       9902.64.48        Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheading
                          6404.11.20,
                          6404.11.40,
                          6404.11.50,
                          6404.11.60 or
                          6404.11.70.....
        9902.64.49       Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheadings
                          6404.11.80 and
                          6404.11.90,
                          covering the
                          ankle..........
       9902.64.50        Of a type         Free         No change        No change        On or before 12/
                          described in                                                     31/2012.......
                          subheadings
                          6404.11.80 and
                          6404.11.90,
                          other than
                          tennis shoes,
                          basketball
                          shoes, gym
                          shoes, training
                          shoes and the
                          like for men or
                          women..........
        9902.64.51     Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2012.......
                        rubber or
                        plastics and
                        uppers of textile
                        materials, having
                        uppers of which
                        over 50 percent
                        of the external
                        surface area is
                        leather (provided
                        for in subheading
                        6404.19.15)......
        9902.64.52     Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2012.......
                        rubber or
                        plastics and
                        uppers of textile
                        materials,
                        designed to be
                        used in lieu of,
                        but not over,
                        other footwear as
                        a protection
                        against water,
                        oil, grease or
                        chemicals or cold
                        or inclement
                        weather, valued
                        over $20/pair,
                        the foregoing if
                        designed for men
                        or women having a
                        height which does
                        not exceed 20.32
                        cm or if designed
                        for other persons
                        the height of
                        which does not
                        exceed 17.72 cm
                        (provided for in
                        subheading
                        6404.19.20); all
                        the foregoing not
                        to include
                        vulcanized
                        footwear and
                        footwear with
                        waterproof molded
                        bottoms
                        (including
                        bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper), where
                        protection
                        against water is
                        imparted by the
                        use of a coated
                        or laminated
                        textile fabric...
       9902.64.53      Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2012.......
                        rubber or
                        plastics and
                        uppers of textile
                        materials
                        (provided for in
                        subheading
                        6404.19.25,
                        6404.19.30,
                        6404.19.35,
                        6404.19.40,
                        6404.19.50,
                        6404.19.60,
                        6404.19.70,
                        6404.19.80,
                        6404.19.90,
                        6404.20.20,
                        6404.20.40 or
                        6404.20.60)......
       ..............  Footwear with       ...........  ...............  ...............
                        uppers of leather
                        or composition
                        leather:
       9902.64.54        For men           8.5%         No change        No change        On or before 12/
                          (provided for                                                    31/2012.......
                          in subheading
                          6405.10.00)....
       9902.64.55        Other than        Free         No change        No change        On or before 12/
                          tennis shoes,                                                    31/2012.......
                          basketball
                          shoes, gym
                          shoes, training
                          shoes and the
                          like for women
                          (provided for
                          in subheading
                          6405.10.00)....
        9902.64.56     Footwear with       Free         No change        No change        On or before 12/
                        uppers of textile                                                  31/2012.......
                        materials, other
                        than with soles
                        and uppers of
                        wool felt
                        (provided for in
                        subheading
                        6405.20.30 or
                        6405.20.90)......
        9902.64.57     Footwear of a type  Free         No change        No change        On or before 12/  ''.
                        described in                                                       31/2012.......
                        subheading
                        6405.90.90.......

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