II 112th CONGRESS 1st Session S. 1069 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.
1.
Short title
This Act may be cited as the Affordable Footwear Act of 2011.
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.
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.
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. .
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: 9902.64.25Vulcanized rubber lug boot bottoms for actual use in fishing waders (provided for in subheading 6401.92.90) FreeNo changeNo changeOn or before 12/31/2016 9902.64.26Sports 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 12/31/2016 9902.64.27Footwear (other than work 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.28Footwear (other than vulcanized 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.29Footwear (other than work 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.30Tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6402.91.90)FreeNo changeNo changeOn or before 12/31/2016 9902.64.31Footwear with outer soles and uppers of rubber or plastic, not covering the ankle, other than work footwear or house slippers (provided for in subheading 6402.99.31)FreeNo changeNo changeOn or before 12/31/2016 9902.64.32Footwear (other than vulcanized 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.33 Footwear with outer soles and uppers of rubber or plastics, other than house slippers (provided for in subheading 6402.99.40) FreeNo changeNo changeOn or before 12/31/2016 9902.64.34Footwear with outer soles and uppers of rubber or plastics other than house slippers (provided for in subheading 6402.99.70)FreeNo changeNo changeOn or before 12/31/2016 9902.64.35 Footwear 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 12/31/2016 9902.64.36 Footwear for men, and footwear for 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.37Slip-on footwear for men and 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.38Footwear for men, other than slip-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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.39Footwear for youth and boys other than tennis shoes, basketball shoes, gym shoes, training shoes and the like (provided for in subheading 6403.91.60)FreeNo changeNo changeOn or before 12/31/2016 9902.64.40Footwear (other than footwear for 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.41Slip-on footwear (other than 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.42Footwear for women other than slip-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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.43Footwear for persons other 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.44Tennis shoes, basketball shoes, gym shoes, training shoes and the like for youths and boys (provided for in subheading 6403.99.60)FreeNo changeNo changeOn or before 12/31/2016 9902.64.45Footwear valued over $2.50/pair (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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.46Sports footwear, tennis shoes, 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.47 Sports footwear (other than ski boots, cross country ski footwear and snowboard boots) for persons other than men or women (provided for in subheading 6404.11.90)FreeNo changeNo changeOn or before 12/31/2016 9902.64.48Ski boots, cross country ski footwear and snowboard boots for men or women (provided for in subheading 6404.11.90)FreeNo changeNo changeOn or before 12/31/2016 9902.64.49Tennis shoes, basketball shoes, gym shoes, training shoes and the like, covering the ankle, for men and women (provided for in subheading 6404.11.90)FreeNo changeNo changeOn or before 12/31/2016 9902.64.50Footwear 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 12/31/2016 9902.64.51Footwear (except vulcanized 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)FreeNo changeNo changeOn or before 12/31/2016 9902.64.52Footwear for men with outer soles of rubber or plastics and uppers of vegetable fibers, other than house slippers (provided for in subheading 6404.19.25)FreeNo changeNo changeOn or before 12/31/2016 9902.64.53Footwear with outer soles of rubber or plastics and uppers of textile materials (provided for in subheading 6404.19.35)FreeNo changeNo changeOn or before 12/31/2016 9902.64.54Footwear for women, with outer soles of rubber or plastics and uppers of textile materials other than house slippers (provided for in subheading 6404.19.50)FreeNo changeNo changeOn or before 12/31/2016 9902.64.55Footwear with outer soles of rubber or plastics and uppers of textile materials (provided from subheading 6404.19.60, 6404.19.70, 6404.19.80, or 6404.19.90)FreeNo changeNo changeOn or before 12/31/2016 9902.64.56Footwear with uppers of leather or composition leather for men (provided for in subheading 6405.10.00)FreeNo changeNo changeOn or before 12/31/2016 9902.64.57Footwear with uppers of textile materials, other than with soles and uppers of wool felt (provided for in subheading 6405.20.90)FreeNo changeNo changeOn or before 12/31/2016 9902.64.58Footwear not elsewhere provided for in chapter 64 (provided for in subheading 6405.90.90)FreeNo changeNo changeOn or before 12/31/2016.
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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.