I 111th CONGRESS 1st Session H. R. 4316 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.

1.

Short title

This Act may be cited as the Affordable Footwear Act of 2009.

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.

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.

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: 9902.64.25Vulcanized rubber lug boot bottoms for use in fishing waders (provided for in subheading 6401.92.90) FreeNo changeNo changeOn or before 12/31/2012 9902.64.26Vulcanized rubber footwear with 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.27Sports footwear with outer soles 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.28Footwear with outer soles and 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.29Footwear with outer soles and 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.30Footwear (other than work 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.31Footwear with outer soles and 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.32Footwear with outer soles and uppers of rubber or plastics, covering the ankle, valued over $12/pair (provided for in subheading 6402.91.90) FreeNo changeNo changeOn or before 12/31/2012 Footwear with outer soles and uppers of rubber or plastics, other than covering the ankle and other than sports footwear: 9902.64.33Of a type described in subheading 6402.99.04FreeNo changeNo changeOn or before 12/31/2012 9902.64.34Of a type described in subheading 6402.99.12FreeNo changeNo changeOn or before 12/31/2012 9902.64.35Of a type described in subheading 6402.99.31FreeNo changeNo changeOn or before 12/31/2012 9902.64.36Footwear designed to be used in 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) FreeNo changeNo changeOn or before 12/31/2012 Footwear with outer soles and uppers of rubber or plastics, not specially described or indicated in any other heading of this subchapter: 9902.64.37Of a type described in subheading 6402.99.40FreeNo changeNo changeOn or before 12/31/2012 9902.64.38Of a type described in subheading 6402.99.60FreeNo changeNo changeOn or before 12/31/2012 9902.64.39Of a type described in subheading 6402.99.70FreeNo changeNo changeOn or before 12/31/2012 9902.64.40Welt footwear with pigskin uppers (provided for in subheading 6403.40.30) FreeNo changeNo changeOn or before 12/31/2012 9902.64.41Footwear with outer soles and uppers of leather, covering the ankle, other than footwear for women (provided for in subheading 6403.51.90) FreeNo changeNo changeOn or before 12/31/2012 9902.64.42Turn or turned footwear, other than footwear for men or footwear for women (provided for in subheading 6403.59.15) FreeNo changeNo changeOn or before 12/31/2012 9902.64.43Footwear for men, and footwear for 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.44Footwear (other than footwear for 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.45Footwear for youths and boys, other than house slippers and work footwear (provided for in subheading 6403.99.60) FreeNo changeNo changeOn or before 12/31/2012 9902.64.46House slippers for persons other than men, youths and boys, the foregoing valued not over $2.50/pair (provided for in subheading 6403.99.75) FreeNo changeNo changeOn or before 12/31/2012 9902.64.47Footwear valued over $2.50/pair (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) FreeNo changeNo changeOn or before 12/31/2012 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: 9902.64.48Of a type described in subheading 6404.11.20, 6404.11.40, 6404.11.50, 6404.11.60 or 6404.11.70 FreeNo changeNo changeOn or before 12/31/2012 9902.64.49Of a type described in subheadings 6404.11.80 and 6404.11.90, covering the ankle FreeNo changeNo changeOn or before 12/31/2012 9902.64.50Of a type described in subheadings 6404.11.80 and 6404.11.90, other than tennis shoes, basketball shoes, gym shoes, training shoes and the like for men or womenFreeNo changeNo changeOn or before 12/31/2012 9902.64.51Footwear with outer soles of 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) FreeNo changeNo changeOn or before 12/31/2012 9902.64.52Footwear with outer soles of 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 FreeNo changeNo changeOn or before 12/31/2012 9902.64.53Footwear with outer soles of 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) FreeNo changeNo changeOn or before 12/31/2012 Footwear with uppers of leather or composition leather: 9902.64.54For men (provided for in subheading 6405.10.00) 8.5%No changeNo changeOn or before 12/31/2012 9902.64.55Other than tennis shoes, basketball shoes, gym shoes, training shoes and the like for women (provided for in subheading 6405.10.00)FreeNo changeNo changeOn or before 12/31/2012 9902.64.56Footwear with uppers of textile materials, other than with soles and uppers of wool felt (provided for in subheading 6405.20.30 or 6405.20.90) FreeNo changeNo changeOn or before 12/31/2012 9902.64.57Footwear of a type described in subheading 6405.90.90FreeNo changeNo changeOn or before 12/31/2012 .