Affordable Footwear Act of 2011 - Expresses the sense of Congress that the reduction or elimination of duties on certain imported footwear would provide significant benefits to U.S. consumers, particularly lower-income families.
Amends the Harmonized Tariff Schedule of the United States to provide for the duty-free treatment of certain footwear (including children's shoes) made of rubber or plastics that are imported into the United States. Deems the outer sole of shoes made of rubber or plastics to which textile materials are attached or incorporated to be made only of rubber or plastics.
Amends the Caribbean Basic Economic Recovery Act to provide footwear imported directly from Haiti into the United States with the same preferential treatment that is provided to certain imported footwear under the Dominican Republic-Central America-United States Free Trade Agreement.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 108 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 108
To amend the Harmonized Tariff Schedule of the United States to modify
the tariffs on certain footwear, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. Ensign introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Harmonized Tariff Schedule of the United States to modify
the tariffs 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
$1,900,000,000 during 2006.
(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 impacted by the provisions of this Act.
(5) Low- and moderate-income families spend a larger share
of their disposable income on footwear than higher-income
families.
(6) Footwear duties, which are higher on lower-price
footwear, serve no purpose and are a hidden, regressive tax on
those people in the United States least able to pay.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the reduction or elimination of duties on the
importation of certain footwear articles would provide
significant benefits to United States consumers, particularly
lower-income families;
(2) there is no production in the United States of many
footwear articles;
(3) the reduction or elimination of duties on such articles
will not negatively impact manufacturing or employment in the
United States; and
(4) the reduction or elimination of duties on such articles
will result in reduced retail prices for consumers.
SEC. 4. ELIMINATION OF DUTIES ON CERTAIN FOOTWEAR.
(a) Definitions.--The Additional U.S. Notes to chapter 64 of the
Harmonized Tariff Schedule of the United States are amended--
(1) in Note 1--
(A) in paragraph (b), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(c) The term `footwear for men' covers footwear of American sizes
6 and larger for males and does not include footwear commonly worn by
both sexes; and
``(d) The term `footwear for women' covers footwear of American
sizes 4 and larger whether for females or of types commonly worn by
both sexes.''; and
(2) by adding at the end the following:
``5. For the purposes of this chapter:
``(a) The term `work footwear' encompasses, in addition to
footwear having a metal toe-cap, specialized footwear for men
or for women that:
``(i) has outer soles of rubber or plastics;
``(ii) is of a kind designed for use by persons
employed in occupations, such as those related to the
agricultural, construction, industrial, public safety,
and transportation sectors; and
``(iii) has special features to protect against
hazards in the workplace (such as resistance to
chemicals, compression, grease, oil, penetration,
slippage, or static build-up).
``(b) The term `work footwear' does not cover:
``(i) sports footwear, tennis shoes, basketball
shoes, gym shoes, training shoes, and the like;
``(ii) footwear designed to be worn over other
footwear;
``(iii) footwear with open toes or open heels; or
``(iv) footwear, except footwear covered under
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 fasteners.
``6. For purposes of this chapter, the term `house slippers' means
footwear of the slip-on type designed solely for casual indoor use. The
term `house slippers' includes:
``(i) footwear with outer soles not over 3.5 mm in
thickness, consisting of cellular rubber, non-grain leather, or
textile material;
``(ii) footwear with outer soles not over 2 mm in thickness
consisting of polyvinyl chloride, whether or not backed; and
``(iii) footwear which, when measured at the ball of the
foot, has sole components (including any inner and mid-soles)
with a combined thickness not over 8 mm as measured from the
outer surface of the uppermost sole component to the bottom
surface of the outer sole and which, when measured in the same
manner at the area of the heel, has a thickness equal to or
less than that at the ball of the foot.
``7. For purposes of subheadings 6402.91.52, 6402.99.35,
6403.91.62, 6403.91.93, and 6404.19.21, the dollar amounts specified as
the value of a good shall be as follows:
``In calendar years 2011 through 2015, $20/pair.
``In calendar years 2016 through 2021, $23/pair.
``In calendar years 2022 through 2028, $26/pair.
``In calendar years 2029 and thereafter, $29/pair.
``8. For purposes of this chapter, the constituent material of an
outer sole of rubber or plastics to which textile materials are
attached or into which such materials are otherwise incorporated shall
be deemed to be only of rubber or plastics.''.
(b) Modification of Tariffs on Certain Footwear.--
(1) Heading 6401 of the Harmonized Tariff Schedule of the
United States is amended by adding the following new subheading
after subheading 6401.92.60 with the article description having
the same degree of indentation as the article description for
subheading 6401.92.60:
`` 6401.92.70 Vulcanized rubber Free ................... 75% ''
lug boot bottoms .
for actual use in
fishing waders....
(2) Heading 6402 of the Harmonized Tariff Schedule of the
United States is amended as follows:
(A) By striking subheading 6402.19.15 and inserting
the following with the superior text having the same
degree of indentation as the article description for
subheading 6402.19.15, as in effect on the day before
the date of the enactment of this Act:
`` ............... Other: ................... ................... ...................
6402.19.17 For women........ 5.1% Free (AU, BH, CA, 35%
CL, D, E, IL, J+,
JO, MA, MX, OM, P,
PE, R, SG)
6402.19.19 Other............ Free ................... 35% ''
.
(B) In subheading 6402.91.05, by striking the
matter in the general and special rate of duty columns
and inserting ``Free'' in the general rate of duty
column.
(C) In subheading 6402.91.16, by striking the
matter in the general and special rate of duty columns
and inserting ``Free'' in the general rate of duty
column.
(D) By striking subheading 6402.91.40 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6402.91.40, as in effect on the day before
the date of the enactment of this Act:
`` ............... Footwear having ................... ................... ...................
uppers of which
over 90 percent of
the external
surface area
(including any
accessories or
reinforcements
such as those
mentioned in note
4(a) to this
chapter) is rubber
or plastics except
(1) footwear
having a foxing or
foxing-like band
applied or molded
at the sole and
overlapping the
upper and (2)
footwear (other
than footwear
having uppers
which, from a
point 3 cm above
the top of the
outer sole, are
entirely of non-
molded
construction
formed by sewing
the parts together
and having exposed
on the outer
surface a
substantial
portion of
functional
stitching)
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:
6402.91.42 Work footwear.... 6% Free (AU, BH, CA, 35%
CL, D, E, IL, J+,
JO, MA, MX, OM, P,
PE, R, SG)
6402.91.43 Other............ Free ................... 35% ''
.
(E) By striking subheading 6402.91.50 and inserting
the following, with the superior text having the same
degree of indentation as the superior text to
subheading 6402.91.50, as in effect on the day before
the date of the enactment of this Act:
`` ............... 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:
6402.91.52 Footwear, except Free 66%
vulcanized
footwear and
footwear with
waterproof
molded bottoms,
including
bottoms
comprising an
outer sole and
all or part of
the upper, where
protection
against water is
imparted by the
use of a coated
or laminated
fabric, designed
to be used in
lieu of, but not
over, other
footwear, valued
over the dollar
amount specified
in additional
U.S. note 7 to
this chapter,
and if designed
for men or women
the height of
which does not
exceed 8 inches
(20.32 cm) or if
designed for
other persons
the height of
which does not
exceed 7 inches
(17.72 cm)......
6402.91.54 Other............ 37.5% Free (CA, D, IL, 66%................ ''
MX, R)............ .
6% (P).............
3.7% (JO)..........
1.5% (SG)..........
18.7% (AU).........
20.8% (MA).........
26.2% (CL).........
82.5% (BH).........
33.7% (OM, PE).....
(F) In each of the following subheadings, by
striking the matter in the general and special rate of
duty columns and inserting ``Free'' in the general rate
of duty column:
(i) Subheading 6402.91.90.
(ii) Subheading 6402.99.04.
(iii) Subheading 6402.99.12.
(iv) Subheading 6402.99.31.
(G) By striking subheading 6402.99.33 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6402.99.33, as in effect on the day before
the date of the enactment of this Act:
`` ............... 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:..........
6402.99.35 Footwear, except Free ................... 66%
vulcanized
footwear and
footwear with
waterproof
molded bottoms,
including
bottoms
comprising an
outer sole and
all or part of
the upper, where
protection
against water is
imparted by the
use of a coated
or laminated
textile fabric,
designed to be
used in lieu of,
but not over,
other footwear,
valued over the
dollar amount
specified in
additional U.S.
note 7 to this
chapter.........
6402.99.37 Other............ 37.5% Free (CA, D, IL, 66% ''
MX, R) .
6% (P)
3.7% (JO)
15% (SG)
17.7% (AU)
20.8% (MA)
26.2% (CL)
22.5% (BH)
33.7% (OM, PE)
(H) In each of the following subheadings, by
striking the matter in the general and special rate of
duty columns and inserting ``Free'' in the general rate
of duty column:
(i) Subheading 6402.99.40.
(ii) Subheading 6402.99.60.
(iii) Subheading 6402.99.70.
(3) Heading 6403 of the Harmonized Tariff Schedule of the
United States is amended as follows:
(A) By striking subheading 6403.40.30 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6403.40.30, as in effect on the day before
the date of the enactment of this Act:
`` ............... Welt footwear: ................... ................... ...................
6403.40.35 With pigskin Free ................... 20%
uppers............
6403.40.38 Other............ 5% Free (AU, BH, CA, 20% ''
CL, D, E, IL, J+, .
JO, MA, MX, OM, P,
PE, R, SG)
(B) By striking subheading 6403.51.90 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6403.51.90, as in effect on the day before
the date of the enactment of this Act:
`` ............... For other persons: ................... ................... ...................
6403.51.92 For women........ 10% Free (AU, BH, CA, 20%
CL, D, E, IL, J+,
JO, MA, MX, OM, P,
PE, R)
2.5% (SG)
6403.51.94 Other............ Free ................... 20% ''
.
(C) By striking subheading 6403.59.15 and the
preceding superior text and inserting the following,
with the superior text having the same degree of
indentation as the article description for subheading
6403.59.15, as in effect on the day before the date of
the enactment of this Act:
`` ............... Other: ................... ................... ...................
............... Turn or turned ................... ................... ...................
footwear:
6403.59.17 For men or 2.5% Free (AU, BH, CA, 10%
women............. CL, D, IL, J+, JO,
MA, MX, OM, P, PE,
R, SG)
6403.59.18 Other........ Free ................... 10% ''
.
(D) By striking subheading 6403.91.60 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6403.91.60, as in effect on the day before
the date of the enactment of this Act:
`` ............... For men, youths and ................... ................... ...................
boys:
6403.91.61 Work footwear.... 8.5% Free (AU, BH, CA, 20%
CL, D, E, IL, J+,
JO, MA, MX, OM, P,
PE, R, SG)
6403.91.62 Slip-on 8.5% Free (AU, BH, CA, 20%
footwear, other CL, D, E, IL, J+,
than such JO, MA, MX, OM, P,
footwear with PE, R, SG)
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,
valued over the
dollar amount
specified in
additional U.S.
note 7 to this
chapter........
6403.91.65 Other........... Free ................... 20% ''
.
(E) By striking subheading 6403.91.90 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6403.91.90, as in effect on the day before
the date of the enactment of this Act:
`` ............... For other persons: ................... ................... ...................
6403.91.92 Work footwear.... 10% Free (AU, BH, CA, 20%
CL, D, E, IL, J+,
JO, MA, MX, OM, P,
PE, R)
2.5% (SG)
6403.91.93 Slip-on footwear, 10% Free (AU, BH, CA, 20%
other than such CL, D, E, IL, J+,
footwear with a JO, MA, MX, OM, P,
heel over 15 mm PE, R)
in height as 2.5% (SG)
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,
valued over the
dollar amount
specified in
additional U.S.
note 7 to this
chapter.........
6403.91.95 Other............ 10% Free (AU, BH, CA, 20% ''
CL, D, E, IL, J+, .
JO, MA, MX, OM, P,
PE, R)
2.5% (SG)
(F) By striking subheading 6403.99.60 and the
preceding superior text and inserting the following,
with the superior text having the same degree of
indentation as the article description for subheading
6403.99.60, as in effect on the day before the date of
the enactment of this Act:
`` ............... Other: ................... ................... ...................
............... For men, youths ................... ................... ...................
and boys:
6403.99.62 House 8.5% Free (AU, CA, BH, 20%
slippers.......... CL, K, IL, J+, JO,
MA, MX, P, R, SG)
6403.99.64 Work footwear Free ................... 20%
6403.99.66 Other for men 8.5% Free (AU, CA, BH, 20%
CL, D, IL, J+, JO,
MA, MX, OM, P, PE,
R, SG)
6403.99.68 Other........ Free ................... 20% ''
.
(G) By striking subheading 6403.99.75 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6403.99.75, as in effect on the day before
the date of the enactment of this Act:
`` ............... Valued not over ................... ................... ...................
$2.50/pair:
6403.99.77 House slippers... Free ................... 20%
6403.99.78 Other............ 7% Free (AU, BH, CA, 20% ''
CL, D, E, IL, J+, .
JO, MA, MX, OM, P,
PE, R, SG)
(H) By striking subheading 6403.99.90 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6403.99.90, as in effect on the day before
the date of the enactment of this Act:
`` ............... Valued over $2.50 ................... ................... ...................
per pair:
6403.99.91 House slippers... 10% Free (AU, BH, CA, 20%
CL, D, IL, J+, JO,
MA, MX, OM, P, PE,
R)
2.5% (SG)
6403.99.93 Work footwear.... 10% ................... 20%
6403.99.95 Other for women.. 10% Free (AU, BH, CA, 20%
CL, D, IL, J+, JO,
MA, MX, OM, P, PE,
R)
2.5% (SG)
6403.99.97 Other............ Free ................... 20% ''
.
(4) Heading 6404 of the Harmonized Tariff Schedule of the
United States is amended as follows:
(A) In each of the following subheadings, by
striking the matter in the general and special rate of
duty columns and inserting ``Free'' in the general rate
of duty column:
(i) Subheading 6404.11.20.
(ii) Subheading 6404.11.40.
(iii) Subheading 6404.11.50.
(iv) Subheading 6404.11.60.
(v) Subheading 6404.11.70.
(B) By striking subheading 6404.11.80 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6404.11.80, as in effect on the day before
the date of the enactment of this Act:
`` ............... Valued over $6.50 .................. .................. .......................
but not over $12/
pair:
6404.11.81 Covering the Free .................. $1.58/pr. + 35%
ankle..........
6404.11.83 Other tennis 90 cents/pair + Free (AU, BH, CA, $1.58/pr. + 35%
shoes, 20% CL, D, E, IL, J+,
basketball MA, MX, OM, P,
shoes, gym PE, R)
shoes, training 38 cents/pr. + 9%
shoes and the (JO)
like, for men 87 cents/pr. + 9%
or for women... (SG)
6404.11.85 Other........... Free .................. $1.58/pr. + 35% ''
.
(C) By striking subheading 6404.11.90 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6404.11.90, as in effect on the day before
the date of the enactment of this Act:
`` ............... Valued over $12/ ................... ................... ...................
pair:
6404.11.91 Covering the Free ................... 35%
ankle...........
6404.11.93 Other tennis 20% Free (CA, D, IL, 35%
shoes, JO, MX, P, R)
basketball 8% (SG)
shoes, gym 10% (AU)
shoes, training 11.1% (MA)
shoes and the 14% (CL)
like for men or 12% (BH)
for women....... 18% (OM, PE)
6404.11.95 Other............ Free ................... 35% ''
.
(D) In subheading 6404.19.15, by striking the
matter in the general and special rate of duty columns
and inserting ``Free'' in the general rate of duty
column.
(E) By striking subheading 6404.19.20 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6404.19.20, as in effect on the day before
the date of the enactment of this Act:
`` ............... 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:
6404.19.21 Footwear, except Free ................... 66%
vulcanized
footwear and
footwear with
waterproof
molded bottoms,
including
bottoms
comprising an
outer sole and
all or part of
the upper, where
protection
against water is
imparted by the
use of a coated
or laminated
textile fabric,
designed to be
used in lieu of,
but not over,
other footwear,
valued over the
dollar amount
specified in
additional U.S.
note 7 to this
chapter, and if
designed for men
or women the
height of which
does not exceed
8 inches (20.32
cm) or if
designed for
other persons
the height of
which does not
exceed 7 inches
(17.72 cm)......
6404.19.23 Other............ 37.5% Free (CA, D, IL, 66% ''
MX, R) .
6% (P)
3.7% (JO)
15% (SG)
18.7% (AU)
20.8% (MA)
26.2% (CL)
22.5% (BH)
33.7% (OM, PE)
(F) In each of the following subheadings, by
striking the matter in the general and special rate of
duty columns and inserting ``Free'' in the general rate
of duty column:
(i) Subheading 6404.19.25.
(ii) Subheading 6404.19.30.
(iii) Subheading 6404.19.35.
(iv) Subheading 6404.19.40.
(v) Subheading 6404.19.50.
(vi) Subheading 6404.19.60.
(vii) Subheading 6404.19.70.
(viii) Subheading 6404.19.80.
(ix) Subheading 6404.19.90.
(x) Subheading 6404.20.20.
(xi) Subheading 6404.20.40.
(xii) Subheading 6404.20.60.
(5) Heading 6405 of the Harmonized Tariff Schedule of the
United States is amended as follows:
(A) By striking subheading 6405.10.00 and inserting
the following, with the superior text having the same
degree of indentation as the article description for
subheading 6405.10.00, as in effect on the day before
the date of enactment of the Act:
`` 6405.10 With uppers of ................... ................... ...................
leather or
composition
leather:
6405.10.10 Footwear for men. 8.5% Free (AU, BH, CA, 20%
CL, D, E, IL, J+,
JO, MA, MX, OM, P,
PE, R)
2.5% (SG)
6405.10.20 Tennis shoes, 10% Free (AU, BH, CA, 20%
basketball CL, D, E, IL, J+,
shoes, gym JO, MA, MX, OM, P,
shoes, training PE, R)
shoes and the 2.5% (SG)
like, for women.
6405.10.30 Other............ Free ................... 20% ''
.
(B) In each of the following subheadings, by
striking the matter in the general and special rate of
duty columns and inserting ``Free'' in the general rate
of duty column:
(i) Subheading 6405.20.30.
(ii) Subheading 6405.20.90.
(iii) Subheading 6405.90.90.
SEC. 5. HAITI RELIEF ENHANCEMENT.
Section 213A of the Caribbean Basic Economic Recovery Act (19
U.S.C. 2703a) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Special Rule for Footwear.--
``(1) In general.--Footwear that is the product or
manufacture of Haiti and is imported directly from Haiti into
the customs territory of the United States shall be accorded
tariff treatment identical to the tariff treatment that is
accorded under the Dominican Republic-Central America-United
States Free Trade Agreement to footwear described in the same
8-digit subheading of the Harmonized Tariff Schedule of the
United States.
``(2) Requirement.--Footwear qualifies for the treatment
provided for under paragraph (1) if it satisfies the applicable
rule of origin set out in Article 4.1 of the Dominican
Republic-Central America-United States Free Trade Agreement.
``(3) Agreement defined.--For purposes of this subsection,
the term `Dominican Republic-Central America-United States Free
Trade Agreement' has the meaning given that term in section 3
of the Dominican Republic-Central America-United States Free
Trade Agreement Implementation Act (19 U.S.C. 4002).''.
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