Library / Laws / 113th / s / S. 2838 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2838
IN THE SENATE OF THE UNITED STATES
September 17 (legislative day, September 16), 2014
Ms. Cantwell (for herself, Ms. Ayotte, Mr. Portman, Mrs. Feinstein, Mr. Blunt, Mr. Merkley, Mrs. Shaheen, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To provide for duty-free treatment of certain recreational performance outerwear, and for other
purposes.
1.
Short title
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.
Findings
Congress finds the following:
(1)
The outdoor industry generates $646,000,000,000 in consumer spending annually and directly supports
6,000,000 jobs.
(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.
(6)
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)
Definitions
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 treated with plastics, 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 3781–79)
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 treated with plastics refers to textile fabrics impregnated, coated, covered, or laminated with plastics, as 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, windbreakers, and similar articles (including padded, sleeveless 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, overalls and bib overalls and similar articles, 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, in the case of a hood, a hood into which is incorporated two or more draw cords, adjustment
tabs, or elastics, or, in the case of a collar, a collar into which is
incorporated at least one draw cord, adjustment tab, elastic, or similar
component, to allow volume adjustments around a helmet, or 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 underarm,
usually diamond- or triangular-shaped, designed, or patterned 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 the incorporation into a fabric or garment of materials, including, but not limited to,
activated carbon, silver, copper, or any combination thereof, capable of
adsorbing, absorbing, or reacting with human odors, or effective in
reducing the growth of odor-causing bacteria.
(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 maintain internal import records that
specify upon entry whether garments claimed as recreational performance
outerwear have an outer surface that is water resistant, treated with
plastics, or a combination thereof, and shall further enumerate the
specific features that make the garments eligible to be classified as
recreational performance outerwear.
.
(b)
Tariff classifications
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):
6101.20
Of cotton:
6101.20.05
Recreational performance outerwear
Free
50%
6101.20.10
Other
15.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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):
6101.30.05
Recreational performance outerwear
Free
35%
Other:
6101.30.10
Containing 25 percent or more by weight of leather
5.6%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5% (AU)
35%
Other:
6101.30.15
Containing 23 percent or more by weight of wool or fine animal hair
38.6¢/kg + 10%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
77.2¢/kg + 54.5%
6101.30.20
Other
28.2%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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):
6101.90.01
Recreational performance outerwear
Free
45%
Other:
6101.90.05
Of wool or fine animal hair
61.7¢/kg + 16%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU)24.6¢/kg + 6.4% (OM)
77.2¢/kg + 54.5%
6101.90.10
Containing 70 percent or more by weight of silk or silk waste
0.9%
Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)
45%
6101.90.90
Other
5.7%
Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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):
6102.10
Of wool or fine animal hair:
6102.10.05
Recreational performance outerwear
Free
68.3¢/kg + 54.5%
6102.10.10
Other
55.9¢/kg + 16.4%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 22.3¢/kg + 6.5% (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):
6102.20
Of cotton:
6102.20.05
Recreational performance outerwear
Free
50%
6102.20.10
Other
15.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 4.7% (AU)35%
Other:
6102.30.10Containing 23 percent or more by weight of wool or fine animal hair64.4¢/kg + 18.8%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)68.3¢/kg + 54.5%
6102.30.20Other28.2%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG)45%
6102.90.90Other5.7%Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 24.4¢/kg + 6.3% (OM)77.2¢/kg + 54.5%
6103.41.20Bib and brace overalls13.6%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 5.4% (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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)45%
6103.42.20Bib and brace overalls10.3%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)90%
.
(10)
By striking subheadings 6103.43.10 through 6103.43.20, and the superior text to subheading
6103.43.10, and inserting the following, with the article description for
subheading 6103.43.05 having the same degree of indentation as the
superior text to 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)77.2¢/kg + 54.5%
6103.43.15Other28.2%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)72%
6103.43.20Bib and brace overalls14.9%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)72%
6103.49.20Bib and brace overalls13.6%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)35%
6103.49.80Other5.6%Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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):
6104.61
Of wool or fine animal hair:
6104.61.05
Recreational performance outerwear
Free
54.5%
6104.61.10
Other
14.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 5.9% (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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90%
6104.62.20Other14.9%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72%
Other:
6104.63.15Containing 23 percent or more by weight of wool or fine animal hair14.9%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 54.5%
6104.63.20Other28.2%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)72%
6104.69.20Trousers, breeches and shorts28.2%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG)60%
6104.69.80Other5.6%Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)72%
6112.20.20Other8.3%Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)65%
6113.00.90Other7.1%Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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):
6114.20
Of cotton:
6114.20.05
Recreational performance outerwear
Free
90%
6114.20.10
Other
10.8%
Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 4.3% (KR)
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, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU)19.7% (KR)90%
6114.30.20Bodysuits and bodyshirts32%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)90%
6114.30.30Other14.9%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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, CO, IL, JO, KR, MA, MX, P, PA, PE, SG)4.8% (OM) 8% (AU) 90%
6114.90.10Containing 70 percent or more by weight of silk or silk waste0.9%Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG)60%
6114.90.90Other5.6%Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5% (AU)60%
.
4.
Apparel articles and accessories of other materials, not knitted or crocheted
(a)
Notes
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—
(A)
by striking For the purposes of subheadings and all that follows through 6211.20.15 and inserting For purposes of this chapter;
(B)
by striking garments classifiable in those subheadings and inserting a garment; and
(C)
by striking D 3600-81 and inserting D 3779-81; 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) 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 treated with plastics, 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 treated with plastics refers to textile fabrics impregnated, coated, covered, or laminated with plastics, as described
in Note 2 to chapter 59.
(ii)
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.
(iii)
The term critically sealed seams means—
(A)
for jackets, windbreakers, and similar articles (including padded, sleeveless 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, overalls and bib overalls and similar articles, sealed seams that are sealed at the
front (up to the zipper or other means of closure) and back rise.
(iv)
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, in the case of a hood, a hood into which is incorporated two or more draw cords, adjustment
tabs, or elastics, or, in the case of a collar, a collar into which is
incorporated at least one draw cord, adjustment tab, elastic, or similar
component, to allow volume adjustments around a helmet, or 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 underarm,
usually diamond- or triangular-shaped, designed, or patterned 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 the incorporation into a fabric or garment of materials, including, but not limited to,
activated carbon, silver, copper, or any combination thereof, capable of
adsorbing, absorbing, or reacting with human odors, or effective in
reducing the growth of odor-causing bacteria.
(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.
(c)
For purposes of this chapter, the importer of record shall maintain internal import records that
specify upon entry whether garments claimed as recreational performance
outerwear have an outer surface that is water resistant, treated with
plastics, or a combination thereof, and shall further enumerate the
specific features that make the garments eligible to be classified as
recreational performance outerwear.
.
(b)
Tariff classifications
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:
6201.11.05
Recreational performance outerwear
Free
52.9¢/kg + 58.5%
6201.11.10
Other
41¢/kg + 16.3%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (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):
6201.12.05
Recreational performance outerwear
Free
60%
Other:
6201.12.10
Containing 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU)
60%
6201.12.20
Other
9.4%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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):
6201.13.05
Recreational performance outerwear
Free
60%
Other:
6201.13.10
Containing 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU)
60%
Other:
6201.13.30
Containing 36 percent or more by weight of wool or fine animal hair
49.7¢/kg + 19.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
52.9¢/kg + 58.5%
6201.13.40
Other
27.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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):
6201.19.05
Recreational performance outerwear
Free
35%
Other:
6201.19.10
Containing 70 percent or more by weight of silk or silk waste
Free
35%
6201.19.90
Other
2.8%
Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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):
6201.91.05
Recreational performance outerwear
Free
58.5%
Other:
6201.91.10
Padded, sleeveless jackets
8.5%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 7.6% (AU) 3.4% (OM)
58.5%
6201.91.20
Other
49.7¢/kg + 19.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 19.8¢/kg + 7.8% (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):
6201.92.05
Recreational performance outerwear
Free
60%
Other:
6201.92.10
Containing 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU)
60%
Other:
6201.92.15
Water resistant
6.2%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.5% (AU)
37.5%
6201.92.20
Other
9.4%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
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):
6201.93.05
Recreational performance outerwear
Free
60%
Other:
6201.93.10
Containing 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU)
60%
Other:
6201.93.20
Padded, sleeveless jackets
14.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
76%
Other:
6201.93.25
Containing 36 percent or more by weight of wool or fine animal hair
49.5¢/kg + 19.6%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
52.9¢/kg + 58.5%
Other:
6201.93.30
Water resistant
7.1%
Free (BH,CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU)
65%
6201.93.35
Other
27.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
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):
6201.99.05
Recreational performance outerwear
Free
35%
Other:
6201.99.10
Containing 70 percent or more by weight of silk or silk waste
Free
35%
6201.99.90
Other
4.2%
Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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):
6202.11
Of wool or fine animal hair:
6202.11.05
Recreational performance outerwear
Free
46.3¢/kg + 58.5%
6202.11.10
Other
41¢/kg + 16.3%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (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):
6202.12.05
Recreational performance outerwear
Free
60%
Other:
6202.12.10
Containing 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)3.9% (AU)
60%
6202.12.20
Other
8.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)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):
6202.13.05
Recreational performance outerwear
Free
60%
Other:
6202.13.10
Containing 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)3.9% (AU)
60%
Other:
6202.13.30
Containing 36 percent or more by weight of wool or fine animal hair
43.5¢/kg + 19.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
46.3¢/kg + 58.5%
6202.13.40
Other
27.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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):
6202.19.05
Recreational performance outerwear
Free
35%
Other:
6202.19.10
Containing 70 percent or more by weight or silk or silk waste
Free
35%
6202.19.90
Other
2.8%
Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, 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):
6202.91.05
Recreational performance outerwear
Free
58.5%
Other:
6202.91.10
Padded, sleeveless jackets
14%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 5.6% (OM)
58.5%
6202.91.20
Other
36¢/kg + 16.3%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 14.4¢/kg + 6.5% (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):
6202.92.05
Recreational performance outerwear
Free
60%
Other:
6202.92.10
Containing 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)3.9% (AU)
60%
Other:
6202.92.15
Water resistant
6.2%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)5.5% (AU)
37.5%
6202.92.20
Other
8.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)8% (AU)
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):
6202.93.05
Recreational performance outerwear
Free
60%
Other:
6202.93.10
Containing 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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU)
60%
Other:
6202.93.20
Padded, sleeveless jackets
14.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
76%
Other:
6202.93.40
Containing 36 percent or more by weight of wool or fine animal hair
43.4¢/kg + 19.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
46.3¢/kg + 58.5%
Other:
6202.93.45
Water resistant
7.1%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU)
65%
6202.93.50
Other
27.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, 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):
6202.99.05
Recreational performance outerwear
Free
35%
Other:
6202.99.10
Containing 70 percent or more by weight of silk or silk waste
Free
35%
6202.99.90
Other
2.8%
Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)
35%
.
(17)
By striking subheadings 6203.41 and 6203.41.05, and the superior text to subheading 6203.41.05, and
inserting the following, with the article description for subheading
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):
6203.41
Of wool or fine animal hair:
6203.41.05
Recreational performance outerwear
Free
52.9¢/kg + 58.5%
Trousers, breeches and shorts:
6203.41.10
Trousers and breeches containing elastomeric fiber, water resistant, without belt loops, weighing
more than 9 kg per dozen
7.6%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.8% (AU) 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):
6203.42.05
Recreational performance outerwear
Free
60%
Other:
6203.42.10
Containing 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
Free
60%
Other:
6203.42.20
Bib and brace overalls
10.3%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
90%
6203.42.40
Other
16.6%
Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR)
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):
6203.43.05
Recreational performance outerwear
Free
60%
Other:
6203.43.10
Containing 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
Free
60%
Other:
Bib and brace overalls:
6203.43.15
Water resistant
7.1%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU)
65%
6203.43.20
Other
14.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
76%
Other:
6203.43.25
Certified hand-loomed and folklore products
12.2%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
76%
Other:
6203.43.30
Containing 36 percent or more by weight of wool or fine animal hair
49.6¢/kg + 19.7%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
52.9¢/kg + 58.5%
Other:
6203.43.35
Water resistant trousers or breeches
7.1%
Free (BH, CA, CL, CO, IL, JO, MA, MX, P, PA, PE, SG) 6.3% (AU) 2.8% (KR)
65%
6203.43.40
Other
27.9%
Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.1% (KR)
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):
6203.49
Of other textile materials:
6203.49.05
Recreational performance outerwear
Free
76%
Other:
Of artificial fibers:
6203.49.10
Bib and brace overalls
8.5%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.6% (AU)
76%
Trousers, breeches and shorts:
6203.49.15
Certified hand-loomed and folklore products
12.2%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
76%
6203.49.20
Other
27.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
90%
6203.49.40
Containing 70 percent or more by weight of silk or silk waste
Free
35%
6203.49.80
Other
2.8%
Free (AU, BH, CA, CL, CO, E*, IL, JO, MA, MX, OM, P, PA, PE, SG)1.1% (KR)
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):
6204.61.05
Recreational performance outerwear
Free
58.5%
Other:
6204.61.10
Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing
more than 6 kg per dozen
7.6%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 3% (OM) 6.8% (AU)
58.5%
6204.61.90
Other
13.6%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 5.4% (OM) 8% (AU)
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):
6204.62.05
Recreational performance outerwear
Free
60%
Other:
6204.62.10
Containing 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
Free
60%
Other:
6204.62.20
Bib and brace overalls
8.9%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
90%
Other:
6204.62.30
Certified hand-loomed and folklore products
7.1%
Free (BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU)
37.5%
6204.62.40
Other
16.6%
Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR)
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, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 65%
6204.63.15Other14.9%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76%
Other:
6204.63.20Certified hand-loomed and folklore products11.3%Free (BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76%
Other:
6204.63.25Containing 36 percent or more by weight of wool or fine animal hair13.6%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 58.5%
Other:
6204.63.30Water resistant trousers or breeches 7.1%Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 65%
6204.63.35Other28.6%Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.4% (KR)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):
6204.69
Of other textile materials:
6204.69.05
Recreational performance outerwear
Free
76%
Other:
Of artificial fibers:
6204.69.10
Bib and brace overalls
13.6%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
76%
Trousers, breeches and shorts:
6204.69.20
Containing 36 percent or more by weight of wool or fine animal hair
13.6%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
58.5%
6204.69.25
Other
28.6%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU)
90%
Of silk or silk waste:
6204.69.40
Containing 70 percent or more by weight of silk waste
1.1%
Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG)
65%
6204.69.60
Other
7.1%
Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU)
65%
6204.69.90
Other
2.8%
Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)
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):
6211.32
Of cotton:
6211.32.05
Recreational performance outerwear
Free
90%
6211.32.10
Other
8.1%
Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)
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, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.4% (OM) 76%
.
(27)
By striking subheadings 6211.39.05 through 6211.39.90 and inserting the following, with the article
description for subheading 6211.39.05 having the same degree of
indentation as the article description for subheading 6211.39.05 (as in
effect on the day before the date of the enactment of this Act):
6211.39.05Recreational performance outerwearFree58.5%
Other:
6211.39.10Of wool or fine animal hair12%Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.8% (OM)58.5%
6211.39.20Containing 70 percent or more by weight of silk or silk waste0.5%Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)35%
6211.39.90Other2.8%Free (AU, BH, CA, CL, CO,E*, IL, JO, KR, MA, MX, OM, P,PA, PE, SG)35%
.
(28)
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):
6211.42
Of cotton:
6211.42.05
Recreational performance outerwear
Free
90%
6211.42.10
Other
8.1%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.2% (AU)
90%
.
(29)
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):
6211.43
Of man-made fibers:
6211.43.05
Recreational performance outerwear
Free
90%
6211.43.10
Other
16%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 6.4% (OM)
90%
.
(30)
By striking subheadings 6211.49.10 through 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):
6211.49.05
Recreational performance outerwear
Free
35%
Other:
6211.49.10
Containing 70 percent or more by weight of silk or silk waste
1.2%
Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG)
35%
6211.49.41
Of wool or fine animal hair
12%
Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.8% (OM)8% (AU)
58.5%
6211.49.90
Other
7.3%
Free (BH, CA, CL, CO, E, IL, J, JO, MA, MX, OM, P, PA, PE, SG) 6.5% (AU)2.9% (KR)
35%
.
5.
Sustainable Textile and Apparel Research Fund
(a)
Establishment
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)
Deposits
There shall be deposited into the STAR Fund amounts equal to the fees collected on recreational
performance outerwear under subsection (d).
(c)
Board of directors
(1)
In general
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)
Members
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)
Ineligible individuals
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)
Funding
(1)
Fee
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 such Schedule).
(2)
Exclusions
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.
(3)
Termination
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)
Distribution
(1)
Quarterly distributions
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)
Eligibility requirements
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)
Use of funds
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)
Requirements
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)
Reports to congress
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.
Staged rate reductions
Any staged reduction of a rate of duty proclaimed by the President before the effective date of
this Act, that—
(1)
would take effect after such effective date, and
(2)
would, but for an amendment made by this Act, apply to a subheading of the Harmonized Tariff
Schedule of the United States amended by this Act,
applies to the corresponding rate of duty set forth in such amendment.
7.
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.