1.This Act may be cited as the
United States Optimal Use of Trade to
Develop Outerwear and Outdoor Recreation Act
or the
U.S. OUTDOOR
Act
.
2.Congress finds the following:
(1)The outdoor
industry contributes $730,000,000,000 to the United States economy
annually.
(2)Outdoor activities
are vitally important to the health and well-being of the people of the United
States.
(3)Duty rates on
recreational performance apparel are among the highest duty rates imposed by
the United States Government, with duties on some recreational performance
apparel as high as 28.2 percent.
(4)The duties
currently imposed by the United States on recreational performance apparel were
set in an era during which high rates of duty were intended to protect the
production of other apparel in the United States, and before the technologies
and innovations that create today's recreational performance apparel industry
were developed.
(5)In July 2007, the
United States International Trade Commission confirmed in USITC Publication
3937 that recreational performance apparel produced in the United States makes
up less than 1 percent of the total recreational performance apparel market and
therefore concluded that there is no commercially viable production of
recreational performance apparel in the United States.
(6)On November 1,
2005, the Committee for the Implementation of Textile Agreements confirmed in
the Federal Register that imports of certain recreational performance apparel
do not contribute to domestic market disruption or adversely affect United
States textile and apparel producers (70 Fed. Reg. 65889).
(7)The elimination of
duties on the importation of certain recreational performance apparel would
provide an economic benefit to United States consumers of outdoor products and
would promote increased participation in healthy and active lifestyles.
3.Knit apparel and
accessories
(a)The
Additional U.S. Note to Chapter 61 of the Harmonized Tariff Schedule of the
United States is amended—
(1)in the heading, by
striking Additional U.S. Note
and inserting Additional
U.S. Notes
; and
(2)by adding at the
end the following new notes:
2.(a)For purposes of this chapter, the term
recreational performance outerwear means trousers (including, but
not limited to, paddling pants, ski or snowboard pants, and ski or snowboard
pants intended for sale as parts of ski-suits), coveralls and bib overalls, and
jackets (including, but not limited to, full zip jackets, paddling jackets, ski
jackets, and ski jackets intended for sale as parts of ski-suits),
windbreakers, and similar articles (including padded, sleeveless jackets)
composed of knit fabrics of cotton, wool, hemp, bamboo, silk, or manmade fiber,
or a combination of such fibers, that are either water-resistant or visibly
coated, or both, with critically sealed seams, and with 5 or more of the
following features:
(i)Insulation for cold weather protection.
(ii)Pockets, at least one of which has a zippered,
hook and loop, or other type of closure.
(iii)Elastic, drawcord, or other means of
tightening around the waist or leg hems, including hidden leg sleeves with a
means of tightening at the ankle for trousers and tightening around the waist
or bottom hem for jackets.
(iv)Venting, not including grommet(s).
(v)Articulated elbows or knees.
(vi)Reinforcement in one of the following areas: the
elbows, shoulders, seat, knees, ankles, or cuffs.
(vii)Weatherproof closure at the waist or
front.
(viii)Multi-adjustable hood or adjustable
collar.
(ix)Adjustable powder skirt, inner protective skirt,
or adjustable inner protective cuff at sleeve hem.
(x)Construction at the arm gusset that utilizes
fabric, design, or patterning to allow radial arm movement.
(xi)Odor control technology.
The term
recreational performance outerwear does not include occupational
outerwear or garments with an outer surface of looped pile.(b)For purposes of this Note, the following terms
have the following meanings:
(i)The term water-resistant means that a
garment must have a water resistance (see ASTM designations D 3779–81 and D
7017) such that, under a head pressure of 600 millimeters, not more than 1.0
gram of water penetrates after two minutes when tested in accordance with the
current version of AATCC Test Method 35. The water resistance of the garment is
the result of a rubber or plastics application to the outer shell, lining, or
inner lining.
(ii)The term visibly coated refers to
fabric that is impregnated, coated, covered, or laminated with plastics, such
as fabrics described in Note 2 to chapter 59.
(iii)The term sealed seams means seams
that have been covered by means of taping, gluing, bonding, cementing, fusing,
welding, or a similar process so that water cannot pass through the seams when
tested in accordance with the current version of AATCC Test Method 35.
(iv)The term critically sealed seams
means—
(A)for jackets, sealed seams that are sealed at the
front and back yokes, or at the shoulders, arm holes, or both, where
applicable; and
(B)for trousers, sealed seams that are sealed at the
front (up to the zipper or other means of closure) and back rise.
(v)The term insulation for cold weather
protection means insulation with either synthetic fill, down, a
laminated thermal backing, or other lining for thermal protection from cold
weather.
(vi)The term venting refers to
closeable or permanent constructed openings in a garment (excluding front,
primary zipper closures and grommet(s)) to allow increased expulsion of
built-up heat during outdoor activities. In a jacket, such openings are often
positioned on the underarm seam of a garment but may also be placed along other
seams in the front or back of a garment. In trousers, such openings are often
positioned on the inner or outer leg seams of a garment but may also be placed
along other seams in the front or back of a garment.
(vii)The term articulated elbows or
knees refers to the construction of a sleeve (or pant leg) to allow
improved mobility at the elbow (or knee) through the use of extra seams, darts,
gussets, or other means.
(viii)The term reinforcement refers
to the use of a double layer of fabric or section(s) of fabric that is
abrasion-resistant or otherwise more durable than the face fabric of the
garment.
(ix)The term weatherproof closure means
a closure (including, but not limited to, laminated or coated zippers, storm
flaps, or other weatherproof construction) that has been reinforced or
engineered in a manner to reduce the penetration or absorption of moisture or
air through an opening in the garment.
(x)The term multi-adjustable hood or adjustable
collar means a draw cord, adjustment tab, or elastic incorporated into
the hood or collar construction to allow volume adjustments around a helmet,
the crown of the head, neck, or face.
(xi)The terms adjustable powder skirt
and inner protective skirt refer to a partial lower inner lining
with means of tightening around the waist for additional protection from the
elements.
(xii)The term arm gusset means
construction at the arm of a gusset that utilizes an extra fabric piece in the
under arm usually diamond- or triangular-shaped, design, or pattern to allow
radial arm movement.
(xiii)The term radial arm movement
refers to unrestricted, 180-degree range of motion for the arm while wearing
performance outerwear.
(xiv)The term odor control technology
means an additive in a fabric or garment capable of adsorbing, absorbing, or
reacting with human odors, or effective in reducing odor-causing bacteria,
including but not limited to activated carbon, silver, copper, or any
combination thereof.
(xv)The term occupational outerwear
means outerwear garments, including uniforms, designed or marketed for use in
the workplace or at a worksite to provide durable protection from cold or
inclement weather and/or workplace hazards, such as fire, electrical, abrasion,
or chemical hazards, or impacts, cuts, punctures, or similar hazards.
3.For purposes of this chapter, the importer of record
shall specify upon entry whether garments claimed as recreational performance
outerwear have an outer surface that is water-resistant, visibly coated, or a
combination thereof, and shall further enumerate the specific features that
make the garments eligible to be classified as recreational performance
outerwear.
.
(b)Chapter 61 of the Harmonized Tariff Schedule of
the United States is amended as follows:
(1)By striking
subheading 6101.20.00 and inserting the following, with the article description
for subheading 6101.20 having the same degree of indentation as the article
description for subheading 6101.20.00 (as in effect on the day before the date
of the enactment of this Act):
6101.20Of cotton:
6101.20.05Recreational performance
outerwearFree50%
6101.20.10Other15.9%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)50%
.
(2)By striking
subheadings 6101.30.10 through 6101.30.20 and inserting the following, with the
article description for subheading 6101.30.05 having the same degree of
indentation as the article description for subheading 6101.30.10 (as in effect
on the day before the date of the enactment of this Act):
6101.30.05Recreational
performance outerwearFree35%
Other:
6101.30.10Containing 25 percent or more by
weight of leather 5.6%Free (BH, CA, CL,
IL, JO, MA, MX, OM, P, PE, SG) 5% (AU)35%
6101.30.15Containing 23 percent or more by
weight of wool or fine animal hair38.6¢/kg + 10%Free (BH, CA, CL,
IL, JO, MA, MX, OM, P, PE, SG) 8% (AU)77.2¢/kg +
54.5%
6101.30.20Other28.2%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)72%
.
(3)By striking subheadings 6101.90.05 through
6101.90.90 and inserting the following, with the article description for
subheading 6101.90.01 having the same degree of indentation as the article
description for subheading 6101.90.05 (as in effect on the day before the date
of the enactment of this Act):
6101.90.01Recreational
performance outerwearFree45%
Other:
6101.90.05Of wool or fine animal
hair61.7¢/kg + 16%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)43.1¢/kg + 11.2%
(OM)77.2¢/kg + 54.5%
6101.90.10Containing 70 percent or more by
weight of silk or silk waste0.9%Free (AU, BH, CA,
CL, E, IL, J, JO, MA, MX, OM, P, PE, SG)45%
6101.90.90Other5.7%Free (BH, CA, CL, E*, IL, JO, MA,
MX, OM, P, PE, SG) 5.1% (AU)45%
.
(4)By striking
subheading 6102.10.00 and inserting the following, with the article description
for subheading 6102.10 having the same degree of indentation as the article
description for subheading 6102.10.00 (as in effect on the day before the date
of the enactment of this Act):
6102.10Of wool or fine animal hair:
6102.10.05Recreational performance
outerwearFree68.3¢/kg +
54.5%
6102.10.10Other55.9¢/kg +
16.4%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU)
39.1¢/kg + 11.4% (OM)68.3¢/kg +
54.5%
.
(5)By striking
subheading 6102.20.00 and inserting the following, with the article description
for subheading 6102.20 having the same degree of indentation as the article
description for subheading 6102.20.00 (as in effect on the day before the date
of the enactment of this Act):
6102.20Of cotton:
6102.20.05Recreational
performance outerwearFree 50%
6102.20.10Other15.9%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)50%
.
(6)By striking subheadings 6102.30.05 through
6102.30.20 and inserting the following, with the article description for
subheading 6102.30.01 having the same degree of indentation as the article
description for subheading 6102.30.05 (as in effect on the day before the date
of the enactment of this Act):
6102.30.01Recreational
performance outerwearFree35%
Other:
6102.30.05Containing 25 percent or more by
weight of leather5.3%Free (BH, CA, CL,
IL, JO, MA, MX, OM, P, PE, SG) 4.7% (AU)35%
6102.30.10Containing 23 percent or more by
weight of wool or fine animal hair64.4¢/kg +
18.8%Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8%
(AU)68.3¢/kg + 54.5%
6102.30.20Other28.2%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)72%
.
(7)By striking subheadings 6102.90.10 and
6102.90.90 and inserting the following, with the article description for
subheading 6102.90.05 having the same degree of indentation as the article
description for subheading 6102.90.10 (as in effect on the day before the date
of the enactment of this Act):
6102.90.05Recreational
performance outerwearFree45%
Other:
6102.90.10Containing 70 percent or more by
weight of silk or silk waste0.9%Free (AU, BH, CA,
CL, E, IL, J, JO, MA, MX, OM, P, PE, SG)45%
6102.90.90Other5.7%Free (BH, CA, CL, E*, IL, JO, MA,
MX, OM, P, PE, SG) 5.1% (AU)45%
.
(8)By striking subheadings 6103.41.10 and
6103.41.20 and inserting the following, with the article description for
subheading 6103.41.05 having the same degree of indentation as the article
description for subheading 6103.41.10 (as in effect on the day before the date
of the enactment of this Act):
6103.41.05 Recreational
performance outerwearFree77.2¢/kg + 54.5%
Other:
6103.41.10Trousers, breeches and
shorts61.1¢/kg + 15.8%Free (BH, CA, CL, IL, JO, MA, MX,
P, PE, SG) 8% (AU) 42.7¢/kg + 11% (OM)77.2¢/kg +
54.5%
6103.41.20Bib and brace
overalls13.6%Free (BH, CA, CL, IL, JO, MA, MX,
P, PE, SG) 8% (AU) 9.5% (OM)54.5%
.
(9)By striking subheadings 6103.42.10 and
6103.42.20 and inserting the following, with the article description for
subheading 6103.42.05 having the same degree of indentation as the article
description for subheading 6103.42.10 (as in effect on the day before the date
of the enactment of this Act):
6103.42.05Recreational
performance outerwearFree45%
Other:
6103.42.10Trousers, breeches and
shorts16.1%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)45%
6103.42.20Bib and brace
overalls10.3%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)90%
.
(10)By striking subheadings 6103.43.10 through
6103.43.20 and inserting the following, with the article description for
subheading 6103.43.05 having the same degree of indentation as the article
description for subheading 6103.43.10 (as in effect on the day before the date
of the enactment of this Act):
6103.43.05Recreational
performance outerwear Free77.2¢/kg + 54.5%
Other:
Trousers, breeches and shorts:
6103.43.10Containing 23 percent or more by
weight of wool or fine animal hair58.5¢/kg +
15.2%Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 8%
(AU)77.2¢/kg + 54.5%
6103.43.15Other28.2%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)72%
6103.43.20Bib and brace
overalls14.9%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)72%
.
(11)By striking subheadings 6103.49 through
6103.49.80 and inserting the following, with the article description for
subheading 6103.49 having the same degree of indentation as the article
description for subheading 6103.49 (as in effect on the day before the date of
the enactment of this Act):
6103.49Of other textile
materials:
Of artificial fibers:
6103.49.05Recreational performance
outerwearFree72%
Other:
6103.49.10Trousers, breeches and
shorts28.2%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)72%
6103.49.20Bib and brace
overalls13.6%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)72%
6103.49.40Containing 70 percent or more by
weight of silk or silk waste0.9%Free (AU, BH, CA,
CL, E, IL, J, JO, MA, MX, OM, P, PE, SG)35%
6103.49.80Other5.6%Free (BH, CA, CL, E*, IL, JO, MA,
MX, OM, P, PE, SG) 5% (AU)35%
.
(12)By striking
subheading 6104.61.00 and inserting the following, with the article description
for subheading 6104.61 having the same degree of indentation as the article
description for subheading 6104.61.00 (as in effect on the day before the date
of the enactment of this Act):
6104.61Of wool and fine animal hair:
6104.61.05Recreational performance
outerwearFree54.5%
6104.61.10Other14.9%Free (BH, CA, CL, IL, JO,MA, MX, P,
PE, SG) 8% (AU) 10.4% (OM)54.5%
.
(13)By striking subheadings 6104.62.10 and
6104.62.20 and inserting the following, with the article description for
subheading 6104.62.05 having the same degree of indentation as the article
description for subheading 6104.62.10 (as in effect on the day before the date
of the enactment of this Act):
6104.62.05Recreational
performance outerwearFree90%
Other:
6104.62.10Bib and brace
overalls10.3%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.61.01– 9912.61.02
(MA)90%
6104.62.20Other14.9%Free (BH, CA, CL, JO, IL, MX, OM,
P, PE, SG) 8% (AU) See 9912.61.01, 9912.61.03
(MA)90%
.
(14)By striking subheadings 6104.63.10 through
6104.63.20 and inserting the following, with the article description for
subheading 6104.63.05 having the same degree of indentation as the article
description for subheading 6104.63.10 (as in effect on the day before the date
of the enactment of this Act):
6104.63.05Recreational
performance outerwearFree72%
Other:
6104.63.10Bib and brace
overalls14.9%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.61.05– 9912.61.06
(MA)72%
Other:
6104.63.15Containing 23 percent or more by
weight of wool or fine animal hair14.9%Free (BH, CA, CL,
IL, JO, MX, OM, P, PE, SG) 8% (AU) See 9912.61.05–
9912.61.06 (MA)54.5%
6104.63.20Other28.2%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.61.05, 9912.61.07
(MA)72%
.
(15)By striking subheadings 6104.69 through
6104.69.80 and inserting the following, with the article description for
subheading 6104.69 having the same degree of indentation as the article
description for subheading 6104.69 (as in effect on the day before the date of
the enactment of this Act):
6104.69Of other textile
materials:
Of artificial fibers:
6104.69.05Recreational performance
outerwearFree72%
Other:
6104.69.10Bib and brace
overalls13.6%Free (BH, CA, CL, IL, JO, MA,
MX,OM, P, PE, SG) 8% (AU)72%
6104.69.20Trousers, breeches and
shorts28.2%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)72%
6104.69.40Containing 70 percent or more by
weight of silk or silk waste0.9%Free (AU, BH, CA,
CL, E, IL, J, JO, MA, MX, OM, P, PE, SG)60%
6104.69.80Other5.6%Free (BH, CA, CL, E*, IL, JO, MA,
MX, OM, P,PE, SG) 5% (AU)60%
.
(16)By striking subheadings 6112.20.10 and
6112.20.20 and inserting the following, with the article description for
subheading 6112.20.05 having the same degree of indentation as the article
description for subheading 6112.20.10 (as in effect on the day before the date
of the enactment of this Act):
6112.20.05 Recreational
performance outerwearFree72%
Other:
6112.20.10Of man-made fibers28.2%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)72%
6112.20.20Other8.3%Free (BH, CA, CL, E*, IL, JO, MA,
MX,OM, P, PE, SG) 7.4% (AU)90%
.
(17)By striking subheadings 6113.00.10 and
6113.00.90 and inserting the following, with the article description for
subheading 6113.00.05 having the same degree of indentation as the article
description for subheading 6113.00.10 (as in effect on the day before the date
of the enactment of this Act):
6113.00.05Recreational
performance outerwearFree65%
Other:
6113.00.10Having an outer surface
impregnated, coated, covered, or laminated with rubber or plastics material
which completely obscures the underlying fabric3.8%Free (AU, BH, CA, CL, E,IL, JO, MA,
MX, OM, P, PE, SG)65%
6113.00.90Other7.1%Free (AU, BH, CA, CL, E*, IL, JO,
MA, MX, OM, P, PE, SG)65%
.
(18)By striking
subheading 6114.20.00 and inserting the following, with the article description
for subheading 6114.20 having the same degree of indentation as the article
description for subheading 6114.20.00 (as in effect on the day before the date
of the enactment of this Act):
6114.20Of cotton:
6114.20.05Recreational performance
outerwearFree90%
6114.20.10Other10.8%Free (BH, CA, CL, IL, JO, MA, MX,
P, PE, SG) 8% (AU) 4.3% (OM)90%
.
(19)By striking subheadings 6114.30.10 through
6114.30.30 and inserting the following, with the article description for
subheading 6114.30.05 having the same degree of indentation as the article
description for subheading 6114.30.10 (as in effect on the day before the date
of the enactment of this Act):
6114.30.05Recreational
performance outerwearFree 90%
Other:
6114.30.10Tops28.2%Free (BH, CA, CL, IL, JO, MA,
MX,OM, P, PE, SG) 8% (AU)90%
6114.30.20Bodysuits and
bodyshirts32%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)90%
6114.30.30Other14.9%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)90%
.
(20)By striking subheadings 6114.90.05 through
6114.90.90 and inserting the following, with the article description for
subheading 6114.90.01 having the same degree of indentation as the article
description for subheading 6114.90.05 (as in effect on the day before the date
of the enactment of this Act):
6114.90.01Recreational
performance outerwear Free90%
Other:
6114.90.05Of wool or fine animal
hair12%Free (BH, CA, CL, IL, JO, MA, MX,
P, PE, SG) 8% (AU) 8.4% (OM)90%
6114.90.10Containing 70 percent or more by
weight of silk or silk waste0.9%Free (AU, BH, CA,
CL, E, IL, J, JO, MA, MX, OM, P, PE, SG)60%
6114.90.90Other5.6%Free (BH, CA, CL, E*, IL, JO, MA,
MX, OM, P, PE, SG) 5% (AU)60%
.
4.Apparel articles
and accessories of other materials, not knitted or crocheted
(a)The
Additional U.S. Notes to chapter 62 of the Harmonized Tariff Schedule of the
United States are amended—
(1)in Additional U.S.
Note 2, by striking For purposes of subheadings
and all that
follows through 6211.20.15
and inserting For purposes of
this chapter
; and
(2)by adding at the
end the following new notes:
3.(a)For purposes of this chapter, the term
recreational performance outerwear means trousers (including, but
not limited to, paddling pants, ski or snowboard pants, and ski or snowboard
pants intended for sale as parts of ski-suits), coveralls and bib overalls, and
jackets (including, but not limited to, full zip jackets, paddling jackets, ski
jackets, and ski jackets intended for sale as parts of ski-suits),
windbreakers, and similar articles (including padded, sleeveless jackets), the
outer surface of which is composed of non-knit, non-crocheted fabrics of
cotton, wool, hemp, bamboo, silk, or manmade fiber, or a combination of such
fibers, that are water-resistant, visibly coated, or both, with critically
sealed seams, and with 5 or more of the following options:
(i)Insulation for cold weather protection.
(ii)Pockets, at least one of which has a zippered,
hook and loop, or other type of closure.
(iii)Elastic, drawcord, or other means of
tightening around the waist or leg hems, including hidden leg sleeves with a
means of tightening at the ankle for trousers and tightening around the waist
or bottom hem for jackets.
(iv)Venting, not including grommet(s).
(v)Articulated elbows or knees.
(vi)Reinforcement in one of the following areas: the
elbows, shoulders, seat, knees, ankles, or cuffs.
(vii)Weatherproof closure at the waist or
front.
(viii)Multi-adjustable hood or adjustable
collar.
(ix)Adjustable powder skirt, inner protective skirt,
or adjustable inner protective cuff at sleeve hem.
(x)Construction at the arm gusset that utilizes
fabric, design, or patterning to allow radial arm movement.
(xi)Odor control technology.
The term
recreational performance outerwear does not include occupational
outerwear.(b)For purposes of this Note, the following terms
have the following meanings:
(i)The term water-resistant means that a
garment must have a water resistance (see ASTM designations D 3779–81 and D
7017) such that, under a head pressure of 600 millimeters, not more than 1.0
gram of water penetrates after two minutes when tested in accordance with the
current version of AATCC Test Method 35. The water resistance of the garment is
the result of a rubber or plastics application to the outer shell, lining, or
inner lining.
(ii)The term visibly coated refers to
fabric that is impregnated, coated, covered, or laminated with plastics, such
as fabrics described in Note 2 to chapter 59.
(iii)The term sealed seams means seams
that have been covered by means of taping, gluing, bonding, cementing, fusing,
welding, or a similar process so that water cannot pass through the seams when
tested in accordance with the current version of AATCC Test Method 35.
(iv)The term critically sealed seams
means seams’ that are sealed—
(A)for jackets, at the front and back yokes, or at
the shoulders, arm holes, or both, where applicable; and
(B)for trousers, at the front (up to the zipper or
other means of closure) and back rise.
(v)The term insulation for cold weather
protection means insulation with either synthetic fill, down, a
laminated thermal backing, or other lining for thermal protection from cold
weather.
(vi)The term venting refers to
closeable or permanent constructed openings in a garment (excluding front,
primary zipper closures and grommet(s)) to allow increased expulsion of
built-up heat during outdoor activities. In a jacket, such openings are often
positioned on the underarm seam of a garment but may also be placed along other
seams in the front or back of a garment. In trousers, such openings are often
positioned on the inner or outer leg seams of a garment but may also be placed
along other seams in the front or back of a garment.
(vii)The term articulated elbows or
knees refers to the construction of a sleeve (or pant leg) to allow
improved mobility at the elbow (or knee) through the use of extra seams, darts,
gussets, or other means.
(viii)The term reinforcement refers
to the use of a double layer of fabric or section(s) of fabric that is
abrasion-resistant or otherwise more durable than the face fabric of the
garment.
(ix)The term weatherproof closure means
a closure (including, but not limited to, laminated or coated zippers, storm
flaps, or other weatherproof construction) that has been reinforced or
engineered in a manner to reduce the penetration or absorption of moisture or
air through an opening in the garment.
(x)The term multi-adjustable hood or adjustable
collar means a draw cord, adjustment tab, or elastic incorporated into
the hood or collar construction to allow volume adjustments around a helmet,
the crown of the head, neck, or face.
(xi)The terms adjustable powder skirt
and inner protective skirt
refer to a partial lower inner lining
with means of tightening around the waist for additional protection from the
elements.
(xii)The term arm gusset means
construction at the arm of a gusset that utilizes an extra fabric piece in the
under arm usually diamond- or triangular-shaped, design, or pattern to allow
radial arm movement.
(xiii)The term radial arm movement
refers to unrestricted, 180-degree range of motion for the arm while wearing
performance outerwear.
(xiv)The term odor control technology
means an additive in a fabric or garment capable of adsorbing, absorbing, or
reacting with human odors, or effective in reducing odor-causing bacteria,
including but not limited to activated carbon, silver, copper, or any
combination thereof.
(xv)The term occupational outerwear
means outerwear garments, including uniforms, designed or marketed for use in
the workplace or at a worksite to provide durable protection from cold or
inclement weather and/or workplace hazards, such as fire, electrical, abrasion,
or chemical hazards, or impacts, cuts, punctures, or similar hazards.
4.For purposes of this chapter, the importer of record
shall specify upon entry whether garments claimed as recreational
performance outerwear
have an outer surface that is water-resistant,
visibly coated, or a combination thereof, and shall further enumerate the
specific features that make the garments eligible to be classified as
recreational performance
outerwear.
.
(b)Chapter 62 of the Harmonized Tariff Schedule of
the United States is amended as follows:
(1)By striking
subheading 6201.11.00 and inserting the following, with the article description
for subheading 6201.11 having the same degree of indentation as the article
description for subheading 6201.11.00 (as in effect on the day before the date
of the enactment of this Act):
6201.11 Of wool or fine animal hair:
6201.11.05Recreational performance
outerwearFree52.9¢/kg +
58.5%
6201.11.10Other41¢/kg +
16.3%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8%
(AU) 28.7¢/kg + 11.4% (OM) 52.9¢/kg +
58.5%
.
(2)By striking
subheadings 6201.12.10 and 6201.12.20 and inserting the following, with the
article description for subheading 6201.12.05 having the same degree of
indentation as the article description for subheading 6201.12.10 (as in effect
on the day before the date of the enactment of this Act):
6201.12.05Recreational performance outerwearFree60%
Other:
6201.12.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down 4.4%Free (BH,
CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 3.9% (AU)60%
6201.12.20Other9.4%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)90%
.
(3)By striking
subheadings 6201.13.10 through 6201.13.40 and inserting the following, with the
article description for subheading 6201.13.05 having the same degree of
indentation as the article description for subheading 6201.13.10 (as in effect
on the day before the date of the enactment of this Act):
6201.13.05Recreational performance outerwearFree60%
Other:
6201.13.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down 4.4%Free (BH,
CA, CL, IL, JO, MX, OM, P, PE, SG)0.4% (MA) 3.9%
(AU)60%
Other:
6201.13.30Containing 36 percent or more by
weight of wool or fine animal hair49.7¢/kg +
19.7%Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE,
SG) 8% (AU)52.9¢/kg +
58.5%
6201.13.40Other27.7%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)90%
.
(4)By striking
subheadings 6201.19.10 and 6201.19.90 and inserting the following, with the
article description for subheading 6201.19.05 having the same degree of
indentation as the article description for subheading 6201.19.10 (as in effect
on the day before the date of the enactment of this Act):
6201.19.05Recreational performance outerwearFree35%
Other:
6201.19.10Containing 70 percent or more by
weight of silk or silk waste Free35%
6201.19.90Other2.8%Free (AU, BH, CA, CL, E*, IL, JO,
MA, MX, OM, P, PE, SG)35%
.
(5)By striking subheadings 6201.91.10 and
6201.91.20 and inserting the following, with the article description for
subheading 6201.91.05 having the same degree of indentation as the article
description for subheading 6201.91.10 (as in effect on the day before the date
of the enactment of this Act):
6201.91.05Recreational performance outerwearFree58.5%
Other:
6201.91.10Padded, sleeveless jackets
8.5%Free (BH, CA, CL, IL, JO,
MA, MX, P, PE, SG) 7.6% (AU) 5.9% (OM)58.5%
6201.91.20Other49.7¢/kg +
19.7%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU)
34.7¢/kg + 13.7% (OM)52.9¢/kg +
58.5%
.
(6)By striking subheadings 6201.92.10 through
6201.92.20 and inserting the following, with the article description for
subheading 6201.92.05 having the same degree of indentation as the article
description for subheading 6201.92.10 (as in effect on the day before the date
of the enactment of this Act):
6201.92.05Recreational performance outerwearFree60%
Other:
6201.92.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down 4.4%Free (BH,
CA, CL, IL, JO, MX, OM, P, PE, SG) 3.9% (AU) See
9912.62.00– 9912.62.01 (MA)60%
Other:
6201.92.15Water resistant6.2%Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 5.5%
(AU) See 9912.62.00, 9912.62.02 (MA)37.5%
6201.92.20Other9.4%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.62.00, 9912.62.03
(MA)90%
.
(7)By striking subheadings 6201.93.10 through
6201.93.35 and inserting the following, with the article description for
subheading 6201.93.05 having the same degree of indentation as the article
description for subheading 6201.93.10 (as in effect on the day before the date
of the enactment of this Act):
6201.93.05Recreational performance outerwearFree60%
Other:
6201.93.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down 4.4%Free (BH,
CA, CL,IL, JO, MX, OM, P, PE, SG) 3.9% (AU) See
9912.62.04– 9912.62.05 (MA)60%
Other:
6201.93.20Padded, sleveless
jackets14.9%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.04, 9912.62.06
(MA)76%
Other:
6201.93.25Containing 36 percent or more by
weght of wool or fine animal hair49.5¢/kg +
19.6%Free (BH, CA, CL, IL, JO, MX, OM, P, PE,
SG) 8% (AU) See 9912.62.04, 9912.62.07
(MA)52.9¢/kg + 58.5%
Other:
6201.93.30Water resistant 7.1%Free
(BH,CA, CL, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See
9912.62.04, 9912.62.08 (MA)65%
6201.93.35Other27.7%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.62.04, 9912.62.09
(MA)90%
.
(8)By striking subheadings 6201.99.10 and
6201.99.90 and inserting the following, with the article description for
subheading 6201.99.05 having the same degree of indentation as the article
description for subheading 6201.99.10 (as in effect on the day before the date
of the enactment of this Act):
6201.99.05Recreational performance outerwearFree35%
Other:
6201.99.10Containing 70 percent or more by
weight of silk or silk wasteFree35%
6201.99.90Other4.2%Free (BH, CA, CL, E*, IL, JO, MA,
MX, OM, P, PE, SG)3.7% (AU)35%
.
(9)By striking
subheading 6202.11.00 and inserting the following, with the article description
for subheading 6202.11 having the same degree of indentation as the article
description for subheading 6202.11.00 (as in effect on the day before the date
of the enactment of this Act):
6202.11Of wool or fine animal hair:
6202.11.05Recreational performance outerwear
Free46.3¢/kg +
58.5%
6202.11.10Other41¢/kg +
16.3%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8%
(AU) 28.7¢/kg + 11.4% (OM) 46.3¢/kg +
58.5%
.
(10)By striking subheadings 6202.12.10 and
6202.12.20 and inserting the following, with the article description for
subheading 6202.12.05 having the same degree of indentation as the article
description for subheading 6202.12.10 (as in effect on the day before the date
of the enactment of this Act):
6202.12.05Recreational performance outerwearFree60%
Other:
6202.12.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down 4.4%Free (BH,
CA, CL, IL, JO, MA, MX, OM, P, PE, SG)3.9% (AU)60%
6202.12.20Other8.9%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG)1.8% (MA)8% (AU)90%
.
(11)By striking subheadings 6202.13.10 through
6202.13.40 and inserting the following, with the article description for
subheading 6202.13.05 having the same degree of indentation as the article
description for subheading 6202.13.10 (as in effect on the day before the date
of the enactment of this Act):
6202.13.05Recreational performance outerwearFree60%
Other:
6202.13.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down 4.4%Free (BH,
CA, CL, IL, JO, MA, MX, OM, P, PE, SG)3.9% (AU)60%
Other:
6202.13.30Containing 36 percent or more by
weight of wool or fine animal hair43.5¢/kg +
19.7%Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE,
SG) 8% (AU)46.3¢/kg +
58.5%
6202.13.40Other27.7%Free (BH, CA, CL, IL, JO, MA,
MX,OM, P, PE, SG) 8% (AU)90%
.
(12)By striking subheadings 6202.19.10 and
6202.19.90 and inserting the following, with the article description for
subheading 6202.19.05 having the same degree of indentation as the article
description for subheading 6202.19.10 (as in effect on the day before the date
of the enactment of this Act):
6202.19.05Recreational performance outerwearFree35%
Other:
6202.19.10Containing 70 percent or more by
weight or silk or silk wasteFree35%
6202.19.90Other2.8%Free (AU, BH, CA, CL, E*, IL, JO,
MA, MX, OM, P, PE, SG)35%
.
(13)By striking
subheadings 6202.91.10 and 6202.91.20 and inserting the following, with the
article description for subheading 6202.91.05 having the same degree of
indentation as the article description for subheading 6202.91.10 (as in effect
on the day before the date of the enactment of this Act):
6202.91.05Recreational performance outerwearFree58.5%
Other:
6202.91.10Padded, sleeveless jackets
14%Free (BH, CA, CL, IL, JO,
MA, MX, P, PE, SG) 8% (AU) 9.8% (OM)58.5%
6202.91.20Other36¢/kg +
16.3%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU)
25.2¢/kg + 11.4% (OM)46.3¢/kg +
58.5%
.
(14)By striking
subheadings 6202.92.10 through 6202.92.20 and inserting the following, with the
article description for subheading 6202.92.05 having the same degree of
indentation as the article description for subheading 6202.92.10 (as in effect
on the day before the date of the enactment of this Act):
6202.92.05Recreational performance outerwearFree60%
Other:
6202.92.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down 4.4%Free (BH,
CA, CL, IL, JO, MX, OM, P, PE, SG)3.9% (AU)See
9912.62.10–9912.62.11 (MA)60%
Other:
6202.92.15Water resistant6.2%Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG)5.5%
(AU)See 9912.62.10, 9912.62.12 (MA)37.5%
6202.92.20Other8.9%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG)8% (AU)See 9912.62.10, 9912.62.13
(MA)90%
.
(15)By striking
subheadings 6202.93.10 through 6202.93.50 and inserting the following, with the
article description for subheading 6202.93.05 having the same degree of
indentation as the article description for subheading 6202.93.10 (as in effect
on the day before the date of the enactment of this Act):
6202.93.05Recreational performance outerwearFree60%
Other:
6202.93.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down4.4%Free (BH,
CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 3.9% (AU)60%
Other:
6202.93.20Padded, sleveless
jackets14.9%Free (BH, CA, CL, IL, JO,
MA, MX, OM, P, PE, SG) 8% (AU)76%
Other:
6202.93.40Containing 36 percent or more by
weight of wool or fine animal hair43.4¢/kg +
19.7%Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE,
SG) 8% (AU)46.3¢/kg +
58.5%
Other:
6202.93.45Water resistant 7.1%Free (BH,
CA, CL, IL, JO, MA, MX, OM, P, PE, SG) 6.3% (AU)65%
6202.93.50Other27.7%Free (BH, CA, CL, IL, JO, MA, MX,
OM, P, PE, SG) 8% (AU)90%
.
(16)By striking
subheadings 6202.99.10 and 6202.99.90 and inserting the following, with the
article description for subheading 6202.99.05 having the same degree of
indentation as the article description for subheading 6202.99.10 (as in effect
on the day before the date of the enactment of this Act):
6202.99.05Recreational performance outerwearFree35%
Other:
6202.99.10Containing 70 percent or more by
weight or silk or silk wasteFree35%
6202.99.90Other2.8%Free (AU, BH, CA, CL, E*, IL, JO,
MA, MX, OM, P, PE, SG)35%
.
(17)By striking
subheadings 6203.41 and 6203.41.05 and inserting the following, with the
article description for subheadings 6203.41 having the same degree of
indentation as the article description for subheading 6203.41 (as in effect on
the day before the date of the enactment of this Act):
6203.41Of wool or fine animal hair:
6203.41.05Recreational performance
outerwearFree52.9¢/kg +
58.5%
Trousers,
breeches, and shorts:
6203.41.10Trousers, breeches, or shorts
containing elastomeric fiber, water resistant, without beltloops, weighing more
than 9 kg per dozen7.6% Free (BH, CA, CL,
IL, JO, MA, MX, P, PE, SG) 6.8% (AU) 5.3%
(OM)52.9¢/kg + 58.5%
.
(18)By striking
subheadings 6203.42.10 through 6203.42.40 and inserting the following, with the
article description for subheading 6203.42.05 having the same degree of
indentation as the article description for subheading 6203.42.10 (as in effect
on the day before the date of the enactment of this Act):
6203.42.05Recreational performance outerwearFree60%
Other:
6203.42.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down Free60%
Other:
6203.42.20Bib and brace
overalls10.3%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.22– 9912.62.23
(MA)90%
6203.42.40Other16.6%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.62.22, 9912.62.24
(MA)90%
.
(19)By striking
subheadings 6203.43.10 through 6203.43.40 and inserting the following, with the
article description for subheading 6203.43.05 having the same degree of
indentation as the article description for subheading 6203.43.10 (as in effect
on the day before the date of the enactment of this Act):
6203.43.05Recreational performance outerwearFree60%
Other:
6203.43.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down Free60%
Other:
Bib and brace overalls:
6203.43.15Water resistant 7.1%Free (BH,
CA, CL, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See
9912.62.25– 9912.62.26 (MA)65%
6203.43.20Other14.9%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.25, 9912.62.27
(MA)76%
Other:
6203.43.25Certified hand-loomed and folklore
products 12.2%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.25, 9912.62.28
(MA)76%
Other:
6203.43.30Containing 36 percent or more by
weight of wool or fine animal hair49.6¢/kg +
19.7%Free (BH, CA, CL, IL, JO, MX, OM, P, PE,
SG) 8% (AU) See 9912.62.25, 9912.62.29
(MA)52.9¢/kg + 58.5%
Other:
6203.43.35Water resistant trousers or
breeches7.1%Free (BH, CA, CL, IL, JO,
MX, P, PE, SG) 6.3% (AU) See 9912.62.25– 9912.62.26
(MA)65%
6203.43.40Other27.9%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.62.25, 9912.62.30
(MA)90%
.
(20)By striking
subheadings 6203.49 through 6203.49.80 and inserting the following, with the
article description for subheading 6203.49 having the same degree of
indentation as the article description for subheading 6203.49 (as in effect on
the day before the date of the enactment of this Act):
6203.49Of other textile materials:
6203.49.05Recreational performance
outerwearFree76%
Other:
Of artificial fibers:
6203.49.10Bib and brace
overalls8.5%Free (BH, CA, CL, IL, JO,
MA, MX, OM, P, PE, SG) 7.6% (AU)76%
Trousers, breeches and shorts:
6203.49.15Certified hand-loomed and folklore
products 12.2%Free (BH, CA, CL, IL, JO,
MA, MX, OM, P, PE, SG) 8% (AU)76%
6203.49.20Other27.9%Free (BH, CA, CL, IL, JO,
MA, MX, OM, P, PE, SG) 8% (AU)90%
6203.49.40Containing 70 percent or more by
weight of silk or silk wasteFree35%
6203.49.80Other2.8%Free (AU, BH, CA, CL, E*, IL, JO,
MA, MX, OM, P, PE, SG)35%
.
(21)By striking
subheadings 6204.61.10 and 6204.61.90 and inserting the following, with the
article description for subheading 6204.61.05 having the same degree of
indentation as the article description for subheading 6204.61.10 (as in effect
on the day before the date of the enactment of this Act):
6204.61.05Recreational performance outerwearFree58.5%
Other:
6204.61.10Trousers and breeches, containing
elastomeric fiber, water resistant, without belt loops, weighing more than 6 kg
per dozen7.6%Free (BH, CA, CL, IL, JO,
MX, P, PE, SG) 5.3% (OM) 6.8% (AU) See
9912.62.57– 9912.62.58 (MA)58.5%
6204.61.90Other13.6%Free (BH, CA, CL, IL, JO, MX, P,
PE, SG) 9.5% (OM) 8% (AU) See 9912.62.57,
9912.62.59 (MA)58.5%
.
(22)By striking
subheadings 6204.62.10 through 6204.62.40 and inserting the following, with the
article description for subheading 6204.62.05 having the same degree of
indentation as the article description for subheading 6204.62.10 (as in effect
on the day before the date of the enactment of this Act):
6204.62.05Recreational performance outerwearFree60%
Other:
6204.62.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down Free60%
Other:
6204.62.20Bib and brace
overalls8.9%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.60– 9912.62.61
(MA)90%
Other:
6204.62.30Certified hand-loomed and folklore
products 7.1%Free (BH, CA, CL, E, IL, JO,
MX, OM, P, PE, SG) 6.3% (AU) See 9912.62.60, 9912.62.62
(MA)37.5%
6204.62.40Other16.6%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.62.60, 9912.62.63
(MA)90%
.
(23)By striking
subheadings 6204.63.10 through 6204.63.35 and inserting the following, with the
article description for subheading 6204.63.05 having the same degree of
indentation as the article description for subheading 6204.63.10 (as in effect
on the day before the date of the enactment of this Act):
6204.63.05Recreational performance outerwearFree60%
Other:
6204.63.10Containing 15 percent or more by
weight of down and waterfowl plumage and of which down comprises 35 percent or
more by weight; containing 10 percent or more by weight of down Free60%
Other:
Bib and brace overalls:
6204.63.12Water resistant7.1%Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 6.3%
(AU) See 9912.62.64– 9912.62.65 (MA)65%
6204.63.15Other14.9%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.64, 9912.62.66
(MA)76%
Other:
6204.63.20Certified hand-loomed and folklore
products11.3%Free (BH, CA, CL, E, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.64, 9912.62.67
(MA)76%
Other:
6204.63.25Containing 36 percent or more by
weight of wool or fine animal hair13.6%Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8%
(AU) See 9912.62.64, 9912.62.68 (MA)58.5%
Other:
6204.63.30Water resistant trousers or
breeches 7.1%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 6.3% (AU) See 9912.62.64– 9912.62.65
(MA)65%
6204.63.35Other28.6%Free (BH, CA, CL, IL, JO, MX, OM,
P, PE, SG) 8% (AU) See 9912.62.64, 9912.62.69
(MA)90%
.
(24)By striking
subheadings 6204.69 through 6204.69.90 and inserting the following, with the
article description for subheading 6204.69 having the same degree of
indentation as the article description for subheading 6204.69 (as in effect on
the day before the date of the enactment of this Act):
6204.69Of other textile
materials:
6204.69.05Recreational performance
outerwearFree76%
Other:
Of artificial fibers:
6204.69.10Bib and brace
overalls13.6%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.70– 9912.62.71
(MA)76%
Trousers,
breeches and shorts:
6204.69.20Containing 36 percent or more by
weight of wool or fine animal hair13.6%Free (BH, CA, CL, IL, JO, MX, OM, P, PE, SG) 8%
(AU) See 9912.62.70– 9912.62.71 (MA)58.5%
6204.69.25Other28.6%Free (BH, CA, CL, IL, JO,
MX, OM, P, PE, SG) 8% (AU) See 9912.62.70, 9912.62.72
(MA)90%
Of silk or silk waste:
6204.69.40Containing 70 percent or more by
weight of silk waste1.1%Free (AU,
BH, CA, CL, E, IL, J, JO, MX, OM, P, PE, SG) See 9912.62.70,
9912.62.73 (MA)65%
6204.69.60Other7.1%Free (BH,
CA, CL, E*, IL, JO, MX, OM, P, PE, SG) 6.3% (AU) See
9912.62.70, 9912.62.74 (MA)65%
6204.69.90Other2.8%Free (AU, BH, CA, CL, E*, IL, JO,
MX, OM, P, PE, SG) See 9912.62.70, 9912.62.75 (MA)35%
.
(25)By striking
subheading 6211.32.00 and inserting the following, with the article description
for subheading 6211.32 having the same degree of indentation as the article
description for subheading 6211.32.00 (as in effect on the day before the date
of the enactment of this Act):
6211.32Of cotton:
6211.32.05Recreational performance
outerwearFree90%
6211.32.10Other 8.1%Free (AU, BH, CA, CL, IL, JO, MA,
MX, P, PE, SG) 3.2% (OM)90%
.
(26)By striking
subheading 6211.33.00 and inserting the following, with the article description
for subheading 6211.33 having the same degree of indentation as the article
description for subheading 6211.33.00 (as in effect on the day before the date
of the enactment of this Act):
6211.33Of man-made fibers:
6211.33.05Recreational performance
outerwearFree76%
6211.33.10 Other 16%
Free (AU, BH, CA, CL, IL, JO, MX, P, PE, SG) 11.2% (OM)
See 9912.62.99– 9912.63.00 (MA)76%
.
(27)By striking
subheadings 6211.39 and 6211.39.05 and inserting the following, with the
article description for subheading 6211.39 having the same degree of
indentation as the article description for subheading 6211.39 (as in effect on
the day before the date of the enactment of this Act):
6211.39Of other textile materials:
6211.39.04Recreational performance
outerwearFree58.5%
6211.39.08Of wool or fine animal
hair12%Free (AU, BH, CA, CL, IL, JO, MA,
MX, P, PE, SG) 8.4% (OM)58.5%
.
(28)By striking
subheading 6211.41.00 and inserting the following, with the article description
for subheading 6211.41 having the same degree of indentation as the article
description for subheading 6211.41.00 (as in effect on the day before the date
of the enactment of this Act):
6211.41Of wool or fine animal hair:
6211.41.05Recreational performance
outerwearFree58.5%
6211.41.10Other12%Free (BH, CA, CL, IL, JO, MA, MX,
P, PE, SG) 8% (AU) 8.4% (OM)58.5%
.
(29)By striking
subheading 6211.42.00 and inserting the following, with the article description
for subheading 6211.42 having the same degree of indentation as the article
description for subheading 6211.42.00 (as in effect on the day before the date
of the enactment of this Act):
6211.42Of cotton:
6211.42.05Recreational performance
outerwearFree90%
6211.42.10Other8.1%Free (BH, CA, CL, IL, JO, MX, P,
PE, SG) 3.2% (OM) 7.2% (AU) See 9912.63.01–
9912.63.02 (MA)90%
.
(30)By striking
subheading 6211.43.00 and inserting the following, with the article description
for subheading 6211.43 having the same degree of indentation as the article
description for subheading 6211.43.00 (as in effect on the day before the date
of the enactment of this Act):
6211.43Of man-made fibers:
6211.43.05Recreational performance
outerwearFree 90%
6211.43.10Other16%
Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG) 8% (AU)
11.2% (OM)90%
.
(31)By striking
subheadings 6211.49.10 and 6211.49.90 and inserting the following, with the
article description for subheading 6211.49.05 having the same degree of
indentation as the article description for subheading 6211.49.10 (as in effect
on the day before the date of the enactment of this Act):
6211.49.05Recreational performance outerwearFree35%
Other:
6211.49.10Containing 70 percent or more by
weight or silk or silk waste 1.2%Free (AU, BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE,
SG)35%
6211.49.90Other7.3%Free (BH, CA, CL, E, IL, J, JO, MA,
MX, OM, P, PE, SG) 6.5% (AU)35%
.
5.Sustainable
textile and apparel research fund
(a)There
is established in the Treasury of the United States the Sustainable Textile and
Apparel Research Fund (in this section referred to as the STAR
Fund
).
(b)There
shall be deposited into the STAR Fund amounts equal to the fees collected on
recreational performance outerwear under subsection (d).
(c)
(1)The STAR Fund shall be administered by a board of
directors (in this section referred to as the Board
) composed of
5 individuals familiar with the recreational performance outerwear textile and
apparel industry, including the production of raw materials and the finished
products thereof, who shall be appointed by the President.
(2)Not
fewer than 2 of the individuals appointed to the Board under paragraph (1)
shall be representatives of entities involved in the production of fabrics or
raw materials for use in recreational performance outerwear in the United
States, and not fewer than 2 of such individuals shall be representatives of
entities involved in the production of recreational performance outerwear that
pay the fees imposed on the importation of such outerwear under subsection
(d).
(3)The President may not appoint individuals to the
Board under paragraph (1) who are representatives of entities not involved in
the production of recreational performance outerwear, such as customs brokers,
converters, forwarders, or shippers.
(d)
(1)In
addition to any other fee authorized by law, the Secretary of the Treasury
shall charge and collect upon entry, or withdrawal from warehouse for
consumption, a fee of 1.5 percent of the appraised value of imported garments
(as determined under section 402 of the Tariff Act of 1930 (19 U.S.C. 1401a))
that are classifiable under the Harmonized Tariff Schedule of the United States
as recreational performance outerwear (as defined in Additional U.S. Note 2 to
chapter 61 and Additional U.S. Note 3 to chapter 62 of the Harmonized Tariff
Schedule of the United States).
(2)The
assessment of fees under paragraph (1) shall not apply to imports of
recreational performance outerwear from the following:
(A)Any country that
is party to a free trade agreement with the United States that—
(i)is
in effect on the day before the date of the enactment of this Act; or
(ii)enters into force
under the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3801 et
seq.), or similar subsequent authority.
(B)Any country
designated as a CBTPA beneficiary country under section 213(b)(5)(B) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)).
(C)Any country
designated as a beneficiary sub-Saharan African country under section
506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 2466a(a)(1)), if the President
has determined that the country has satisfied the requirements of section
113(a) of the African Growth and Opportunity Act (19 U.S.C. 3722(a)), and has
published that determination in the Federal Register.
(D)Any country that
was designated as an ATPDEA beneficiary country under section 204(b)(6)(B) of
the Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)) on February 12,
2011.
(3)The
fee under paragraph (1) shall apply only to entries, or withdrawals from
warehouse for consumption, that are made during the 10-year period beginning on
the date of the enactment of this Act.
(e)
(1)The Secretary of Commerce, upon a majority vote of
the Board, taken annually, shall, not later than 60 days after the end of each
calendar quarter, distribute amounts in the STAR Fund to one or more entities
that the Board considers appropriate to use the funds in accordance with
subsection (f).
(2)An entity may receive funds under paragraph (1) only
if the entity—
(A)is an organization
described in section 501(c)(6) of the Internal Revenue Code of 1986 that is
exempt from tax under section 501(a) of such Code;
(B)is an organization
having at least 10 years of experience providing applied research, technology
development, and education to all parts of the textile and apparel supply
chain, with a research capability demonstrated through past research programs
involving supply chain management, product development, fit specifications,
operations management, lean manufacturing, or digital supply chain technologies
on behalf of the textile and sewn products industries in the United States;
and
(C)is comprised of
members representing the following segments of the supply chain:
(i)One
or more of the following types of producers: fiber, yarn, or fabric producers
in the United States.
(ii)Apparel producers
in the United States.
(iii)Retail companies
in the United States.
(f)Funds distributed under subsection (e) may be used only to
conduct applied research, development, and education activities to enhance the
competitiveness of businesses in the United States in clean, eco-friendly
apparel, other textile and apparel articles, and sewn-product design and
manufacturing.
(g)The
Secretary of Commerce may impose such requirements on the use of funds
distributed under subsection (e) as the Secretary considers necessary to ensure
compliance with subsection (f), including requiring reporting and assurances by
the entities using the funds.
(h)The Secretary of Commerce shall submit to Congress a
report, not later than April 1 of each year, explaining in detail how amounts
in the STAR Fund were distributed under subsection (e) and used under
subsection (f) during the preceding calendar year.
6.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.