[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1069 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1069

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2011

  Ms. Cantwell (for herself, Mr. Blunt, Mrs. Murray, and Mr. Roberts) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 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 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Average collected duties on imported footwear are among 
        the highest of any product sector, totaling approximately 
        $2,000,000,000 during 2010.
            (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) 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.
            (6) Low- and moderate-income families spend a larger share 
        of their disposable income on footwear than higher-income 
        families.
            (7) The outdoor industry develops innovative and high 
        performance footwear that promotes healthy and active 
        lifestyles through outdoor recreation.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) there is no production in the United States of many 
        footwear articles;
            (2) the reduction or elimination of duties on such articles 
        will not negatively affect manufacturing or employment in the 
        United States; and
            (3) the reduction or elimination of duties on such articles 
        will result in reduced retail prices for a wide range of 
        consumers.

SEC. 4. AMENDMENT TO THE HARMONIZED TARIFF SCHEDULE OF THE UNITED 
              STATES.

    The Additional Notes to chapter 64 of the Harmonized Tariff 
Schedule of the United States are amended by adding at the end the 
following:
            ``5. For the purposes of determining the constituent 
        material of the outer sole pursuant to Note 4(b) of this 
        chapter, the constituent material of an outer sole consisting 
        of rubber or plastics to which textile materials are attached 
        or into which such materials are otherwise incorporated shall 
        be deemed to be only rubber or plastics, and no account shall 
        be taken of the textile materials.''.

SEC. 5. 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 
        9902.64.58:
                    ``(a) The term `footwear for men' means footwear of 
                American men's size 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 women's size 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 that are not normally worn as casual, 
                        dress, or similar lightweight footwear; and
                            ``(C) has special features to protect 
                        against hazards in the workplace (such as 
                        resistance to chemicals, compression, grease, 
                        oil, penetration, slippage, or static-buildup).
                    ``(ii) `Work footwear' does not cover--
                            ``(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 or other 
                        footwear 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, nongrain 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.
                    ``(e) For purposes of subheadings 9902.64.28, 
                9902.64.32, and 9902.64.51, the dollar amount specified 
                as the value of a good shall be as follows:
                            ``(i) In calendar years 2011 through 2013, 
                        $22/pair.
                            ``(ii) In calendar years 2013 through 2016, 
                        $24/pair.
                    ``(f) The term waterproof footwear means footwear 
                designed to protect against penetration by water or 
                other liquids, whether or not such footwear is 
                primarily designed for such purposes.''.
    (b) 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                                                   31/2016.......
                        for actual use in
                        fishing waders
                        (provided for in
                        subheading
                        6401.92.90)......
       9902.64.26      Sports footwear     Free         No change        No change        On or before 12/
                        with outer soles                                                   31/2016.......
                        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)......
       9902.64.27      Footwear (other     Free         No change        No change        On or before 12/
                        than work                                                          31/2016.......
                        footwear or
                        footwear designed
                        to be worn over
                        or in lieu of
                        other footwear as
                        a protection
                        against water,
                        oil, grease or
                        chemicals, or
                        cold or inclement
                        weather) 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
                        6402.91.40)......
        9902.64.28     Footwear (other     Free         No change        No change        On or before 12/
                        than vulcanized                                                    31/2016.......
                        footwear and
                        footwear with
                        waterproof molded
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper) with
                        outer soles and
                        uppers of rubber
                        or plastics,
                        valued over the
                        dollar amount
                        specified in U.S.
                        Note 20(e) to
                        this chapter,
                        whose height from
                        the bottom of the
                        outer sole to the
                        top of the upper
                        does not exceed
                        20.32 cm if for
                        men or women or
                        does not exceed
                        17.78 cm if for
                        persons other
                        than men or
                        women, 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, and
                        where such
                        protection
                        includes
                        protection
                        against water
                        imparted by the
                        use of a coated
                        or laminated
                        fabric (provided
                        for in subheading
                        6402.91.50)......
       9902.64.29      Footwear (other     Free         No change        No change        On or before 12/
                        than work                                                          31/2016.......
                        footwear) with
                        outer soles and
                        uppers of rubber
                        or plastics,
                        covering the
                        ankle, for men or
                        women, such
                        footwear which
                        from the bottom
                        of the outer sole
                        to the top of the
                        upper does not
                        exceed 13 cm or
                        which exceeds 21
                        cm, or regardless
                        of height is slip-
                        on footwear
                        (provided for in
                        subheading
                        6402.91.90)......
        9902.64.30     Tennis shoes,       Free         No change        No change        On or before 12/
                        basketball shoes,                                                  31/2016.......
                        gym shoes,
                        training shoes
                        and the like
                        (provided for in
                        subheading
                        6402.91.90)......
       9902.64.31      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2016.......
                        uppers of rubber
                        or plastic, not
                        covering the
                        ankle, other than
                        work footwear or
                        house slippers
                        (provided for in
                        subheading
                        6402.99.31)......
       9902.64.32      Footwear (other     Free         No change        No change        On or before 12/
                        than vulcanized                                                    31/2016.......
                        footwear and
                        footwear with
                        waterproof molded
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper) with
                        outer soles and
                        uppers of rubber
                        or plastics,
                        valued over the
                        dollar amount
                        specified in U.S.
                        Note 20(e) of
                        this chapter,
                        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, and
                        where such
                        protection
                        includes
                        protection
                        against water
                        imparted by the
                        use of a coated
                        or laminated
                        textile fabric
                        (provided for in
                        subheading
                        6402.99.33)......
       9902.64.33      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2016.......
                        uppers of rubber
                        or plastics,
                        other than house
                        slippers
                        (provided for in
                        subheading
                        6402.99.40)......
       9902.64.34      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2016.......
                        uppers of rubber
                        or plastics other
                        than house
                        slippers
                        (provided for in
                        subheading
                        6402.99.70)......
       9902.64.35      Footwear with       Free         No change        No change        On or before 12/
                        outer soles and                                                    31/2016.......
                        uppers of
                        leather, covering
                        the ankle, other
                        than footwear for
                        women (provided
                        for in subheading
                        6403.51.90)......
       9902.64.36      Footwear for men,   Free         No change        No change        On or before 12/
                        and footwear for                                                   31/2016.......
                        youths and boys,
                        covering the
                        ankle, valued
                        over $12/pair,
                        such footwear
                        which from the
                        bottom of the
                        outer sole to the
                        top of the upper
                        does not exceed
                        13 cm or which
                        exceeds 21 cm, or
                        regardless of
                        height is
                        waterproof
                        footwear, other
                        than work
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like, and
                        other than slip-
                        on footwear
                        (provided for in
                        subheading
                        6403.91.60)......
       9902.64.37      Slip-on footwear    Free         No change        No change        On or before 12/
                        for men and                                                        31/2016.......
                        footwear for
                        youths and boys
                        covering the
                        ankle; 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
                        thickness less
                        than 13.5 mm, the
                        foregoing valued
                        over $20/pair
                        (provided for in
                        subheading
                        6403.91.60)......
       9902.64.38      Footwear for men,   Free         No change        No change        On or before 12/
                        other than slip-                                                   31/2016.......
                        on footwear, work
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like,
                        valued not over
                        $12/pair
                        (provided for in
                        subheading
                        6403.91.60)......
       9902.64.39      Footwear for youth  Free         No change        No change        On or before 12/
                        and boys other                                                     31/2016.......
                        than tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like
                        (provided for in
                        subheading
                        6403.91.60)......
       9902.64.40      Footwear (other     Free         No change        No change        On or before 12/
                        than footwear for                                                  31/2016.......
                        men or footwear
                        for youths and
                        boys) covering
                        the ankle, valued
                        over $12/pair,
                        such footwear of
                        a height which
                        from the bottom
                        of the outer sole
                        to the top of the
                        upper does not
                        exceed 13 cm, or
                        which exceeds 21
                        cm, or regardless
                        of height, is
                        waterproof
                        footwear, or
                        footwear where
                        the difference in
                        height between
                        the bottom of the
                        sole at the ball
                        of the foot to
                        the top of the
                        midsole and from
                        the bottom of the
                        heel to the top
                        of the midsole is
                        over 30 mm, other
                        than work
                        footwear and
                        other than slip-
                        on footwear
                        (provided for in
                        subheading
                        6403.91.90)......
        9902.64.41     Slip-on footwear    Free         No change        No change        On or before 12/
                        (other than                                                        31/2016.......
                        footwear for men
                        or footwear for
                        youths or boys)
                        covering the
                        ankle; 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
                        over $20/pair
                        (provided for in
                        subheading
                        6403.91.90)......
        9902.64.42     Footwear for women  Free         No change        No change        On or before 12/
                        other than slip-                                                   31/2016.......
                        on footwear, work
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like,
                        valued not over
                        $12/pair
                        (provided for in
                        subheading
                        6403.91.90)......
       9902.64.43      Footwear for        Free         No change        No change        On or before 12/
                        persons other                                                      31/2016.......
                        than women, other
                        than slip-on
                        footwear, tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like
                        (provided for in
                        subheading
                        6403.91.90)......
       9902.64.44      Tennis shoes,       Free         No change        No change        On or before 12/
                        basketball shoes,                                                  31/2016.......
                        gym shoes,
                        training shoes
                        and the like for
                        youths and boys
                        (provided for in
                        subheading
                        6403.99.60)......
       9902.64.45      Footwear valued     Free         No change        No change        On or before 12/
                        over $2.50/pair                                                    31/2016.......
                        (other than
                        footwear for men,
                        youths and boys,
                        house slippers,
                        work footwear and
                        other than tennis
                        shoes, basketball
                        shoes, gym shoes,
                        training shoes
                        and the like)
                        (provided for in
                        subheading
                        6403.99.90)......
       9902.64.46      Sports footwear,    Free         No change        No change        On or before 12/
                        tennis shoes,                                                      31/2016.......
                        basketball shoes,
                        gym shoes,
                        training shoes
                        and the like,
                        with outer soles
                        of rubber or
                        plastics and
                        uppers of textile
                        materials
                        (provided for in
                        subheading
                        6404.11.50,
                        6404.11.60,
                        6404.11.70 or
                        6404.11.80)......
       9902.64.47      Sports footwear     Free         No change        No change        On or before 12/
                        (other than ski                                                    31/2016.......
                        boots, cross
                        country ski
                        footwear and
                        snowboard boots)
                        for persons other
                        than men or women
                        (provided for in
                        subheading
                        6404.11.90)......
        9902.64.48     Ski boots, cross    Free         No change        No change        On or before 12/
                        country ski                                                        31/2016.......
                        footwear and
                        snowboard boots
                        for men or women
                        (provided for in
                        subheading
                        6404.11.90)......
        9902.64.49     Tennis shoes,       Free         No change        No change        On or before 12/
                        basketball shoes,                                                  31/2016.......
                        gym shoes,
                        training shoes
                        and the like,
                        covering the
                        ankle, for men
                        and women
                        (provided for in
                        subheading
                        6404.11.90)......
       9902.64.50      Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2016.......
                        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)......
       9902.64.51      Footwear (except    Free         No change        No change        On or before 12/
                        vulcanized                                                         31/2016.......
                        footwear and
                        footwear with
                        waterproof molded
                        bottoms,
                        including bottoms
                        comprising an
                        outer sole and
                        all or part of
                        the upper) with
                        outer soles of
                        rubber or
                        plastics and
                        uppers of textile
                        materials, valued
                        over the dollar
                        amount specified
                        in U.S. Note
                        20(e) to this
                        chapter, whose
                        height from the
                        bottom of the
                        outer sole to the
                        top of the upper
                        does not exceed
                        20.32 cm if for
                        men or women, or
                        does not exceed
                        17.78 cm if for
                        persons other
                        than men or
                        women, designed
                        to be worn in
                        lieu of, but not
                        over, other
                        footwear as a
                        protection
                        against water,
                        oil, grease or
                        chemicals or cold
                        or inclement
                        weather and where
                        such protection
                        includes
                        protection
                        against water
                        imparted by the
                        use of a coated
                        or laminated
                        fabric (provided
                        for in subheading
                        6404.19.20)......
       9902.64.52      Footwear for men    Free         No change        No change        On or before 12/
                        with outer soles                                                   31/2016.......
                        of rubber or
                        plastics and
                        uppers of
                        vegetable fibers,
                        other than house
                        slippers
                        (provided for in
                        subheading
                        6404.19.25)......
        9902.64.53     Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2016.......
                        rubber or
                        plastics and
                        uppers of textile
                        materials
                        (provided for in
                        subheading
                        6404.19.35)......
        9902.64.54     Footwear for        Free         No change        No change        On or before 12/
                        women, with outer                                                  31/2016.......
                        soles of rubber
                        or plastics and
                        uppers of textile
                        materials other
                        than house
                        slippers
                        (provided for in
                        subheading
                        6404.19.50)......
       9902.64.55      Footwear with       Free         No change        No change        On or before 12/
                        outer soles of                                                     31/2016.......
                        rubber or
                        plastics and
                        uppers of textile
                        materials
                        (provided from
                        subheading
                        6404.19.60,
                        6404.19.70,
                        6404.19.80, or
                        6404.19.90)......
       9902.64.56      Footwear with       Free         No change        No change        On or before 12/
                        uppers of leather                                                  31/2016.......
                        or composition
                        leather for men
                        (provided for in
                        subheading
                        6405.10.00)......
       9902.64.57      Footwear with       Free         No change        No change        On or before 12/
                        uppers of textile                                                  31/2016.......
                        materials, other
                        than with soles
                        and uppers of
                        wool felt
                        (provided for in
                        subheading
                        6405.20.90)......
       9902.64.58      Footwear not        Free         No change        No change        On or before 12/  ''.
                        elsewhere                                                          31/2016.......
                        provided for in
                        chapter 64
                        (provided for in
                        subheading
                        6405.90.90)......

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall--
            (1) take effect on the 15th day after the date of the 
        enactment of this Act; and
            (2) apply to articles entered, or withdrawn from warehouse 
        for consumption, on or after such day.
                                 <all>