[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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