I 

113TH CONGRESS 

1ST SESSION H. R. 1708 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 24, 2013 

Ms. JENKINS (for herself, Mr. CROWLEY, Mr. CLEAVER, Mr. ROSKAM, Mr. 

FRANKS of Arizona, Mr. MULVANEY, Mr. SMITH of Nebraska, Mr. CONAWAY, Mr. GIBBS, Mr. POLIS, Mr. CHABOT, Mr. WESTMORELAND, Mr. 

MEEKS, Mr. TURNER, Mr. CRAMER, Mr. MORAN, Ms. BROWN of Florida, 

Mr. HUIZENGA of Michigan, Mr. MATHESON, Mr. WALBERG, Mr. SCHRADER, Ms. BONAMICI, Ms. DELBENE, Mr. SCHOCK, Mr. BLUMENAUER, 

Mr. PAULSEN, Mr. AUSTIN SCOTT of Georgia, Mr. GRIFFIN of Arkansas, 

and Mr. LONG) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on certain footwear, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Affordable Footwear 

5 Act of 2013’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Average collected duties on imported foot2 wear are among the highest of any product sector, 

3 totaling approximately $2,300,000,000 in 2011 and 

4 approximately $2,500,000,000 in 2012. 

5 (2) Duty rates on imported footwear are among 

6 the highest imposed by the United States Govern7 ment, with some as high as the equivalent of 67.5 

8 percent ad valorem. 

9 (3) The duties currently imposed by the United 

10 States were set in an era during which high rates of 

11 duty were intended to protect production of footwear 

12 in the United States. 

13 (4) Footwear produced in the United States 

14 supplies only about 1 percent of the total United 

15 States market for footwear. This production is con16 centrated in distinct product groupings, which are 

17 not affected by the provisions of this Act. 

18 (5) Footwear duties, which are higher on lower19 price footwear, serve no purpose and are a hidden, 

20 regressive tax on those people in the United States 

21 least able to pay. 

22 (6) Low- and moderate-income families spend a 

23 larger share of their disposable income on footwear 

24 than higher-income families. 


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1 (7) The outdoor industry develops innovative 

2 and high performance footwear that promotes 

3 healthy and active lifestyles through outdoor recre4 ation. 

5 SEC. 3. SENSE OF CONGRESS. 

6 It is the sense of Congress that— 

7 (1) there is no production in the United States 

8 of many footwear articles; 

9 (2) the reduction or elimination of duties on 

10 such articles will not negatively affect manufacturing 

11 or employment in the United States; and 

12 (3) the reduction or elimination of duties on 

13 such articles will result in reduced retail prices for 

14 a wide range of consumers. 

15 SEC. 4. TEMPORARY ELIMINATION OR REDUCTION OF DU16 TIES ON CERTAIN FOOTWEAR. 

17 (a) DEFINITIONS.—The U.S. Notes to subchapter II 

18 of chapter 99 of the Harmonized Tariff Schedule of the 

19 United States are amended by adding at the end the fol20 lowing: 

21 ‘‘(20) For the purposes of headings 9902.64.25 

22 through 9902.64.59: 

23 ‘‘(a) The term ‘footwear for men’ means 

24 footwear of American men’s size 6 and larger 


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1 for males, and does not include footwear com2 monly worn by both sexes. 

3 ‘‘(b) The term ‘footwear for women’ means 

4 footwear of American women’s size 4 and larg5 er, whether for females or of types commonly 

6 worn by both sexes. 

7 ‘‘(c)(i) The term ‘work footwear’ means, in 

8 addition to footwear for men or footwear for 

9 women having a metal toe-cap, footwear for 

10 men or for women that— 

11 ‘‘(A) has outer soles of rubber or plas12 tics; 

13 ‘‘(B) is of a kind designed for use by 

14 persons employed in occupations, such as 

15 those related to the agricultural, construc16 tion, industrial, public safety or transpor17 tation sectors, that are not conducive to 

18 the use of casual, dress, or similar light19 weight footwear; and 

20 ‘‘(C) has special features to protect 

21 against hazards in the workplace (such as 

22 resistance to chemicals, compression, 

23 grease, oil, penetration, slippage, or static 

24 build-up). 


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1 ‘‘(ii) The term ‘work footwear’ does not in2 clude— 

3 ‘‘(A) sports footwear, tennis shoes, 

4 basketball shoes, gym shoes, training shoes 

5 and the like; 

6 ‘‘(B) footwear designed to be worn 

7 over other footwear; 

8 ‘‘(C) footwear with open toes or open 

9 heels; or 

10 ‘‘(D) footwear (except footwear cov11 ered by heading 6401) of the slip-on type 

12 or other footwear that is held to the foot 

13 without the use of laces or a combination 

14 of laces and hooks or other fasteners. 

15 ‘‘(d) The term ‘house slippers’ means footwear 

16 of the slip-on type designed solely for casual indoor 

17 use. The term ‘house slippers’ includes— 

18 ‘‘(i) footwear with outer soles not over 3.5 

19 mm in thickness, consisting of cellular rubber, 

20 non-grain leather, or textile material; 

21 ‘‘(ii) footwear with outer soles not over 2 

22 mm in thickness consisting of polyvinyl chlo23 ride, whether or not backed; and 

24 ‘‘(iii) footwear which, when measured at 

25 the ball of the foot, has sole components (inVerDate Mar 15 2010 03:05 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1708.IH H1708

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1 cluding any inner and mid-soles) with a com2 bined thickness not over 8 mm as measured 

3 from the outer surface of the uppermost sole 

4 component to the bottom surface of the outer 

5 sole and which, when measured in the same 

6 manner at the area of the heel, has a thickness 

7 equal to or less than that at the ball of the foot. 

8 ‘‘(e) For purposes of subheadings 9902.64.27, 

9 9902.64.31 and 9902.64.52, the dollar amount spec10 ified as the value of a good shall be as follows: 

11 ‘‘(i) In calendar year 2013, $22/pair. 

12 ‘‘(ii) In calendar years 2014 and 2015, 

13 $24/pair. 

14 ‘‘(f) The term ‘waterproof footwear’ means foot15 wear designed to protect against penetration by 

16 water or other liquids, whether or not such footwear 

17 is primarily designed for such purposes.’’. 

18 (b) AMENDMENTS TO HTS.—Subchapter II of chap19 ter 99 of the Harmonized Tariff Schedule of the United 

20 States is amended by inserting in numerical sequence the 

21 following new headings: 


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‘‘ 9902.64.25 Sports footwear with outer 

soles and uppers of rubber or 

plastics, having uppers of 

which over 90 percent of the 

external surface area (including any accessories or reinforcements) is rubber or plastics (except footwear having 

foxing or a foxing-like band 

applied or molded at the sole 

and overlapping the upper); 

the foregoing not including 

footwear for women (provided 

for in subheading 

6402.19.15) ........................... Free No change No change On or before 

12/31/2015

9902.64.26 Footwear (other than work 

footwear or footwear designed 

to be worn over or in lieu of 

other footwear as a protection against water, oil, grease 

or chemicals or cold or inclement weather) with outer 

soles and uppers of rubber or 

plastics, covering the ankle, 

not incorporating a protective 

metal toe-cap, having uppers 

of which over 90 percent of 

the external surface area is 

rubber or plastics (provided 

for in subheading 

6402.91.40) ........................... Free No change No change On or before 

12/31/2015

9902.64.27 Footwear (other than vulcanized footwear and footwear 

with waterproof molded bottoms, including bottoms comprising an outer sole and all 

or part of the upper) with 

outer soles and uppers of 

rubber or plastics, valued 

over the dollar amount specified in U.S. note 20(e) to this 

subchapter, whose height 

from the bottom of the outer 

sole to the top of the upper 

does not exceed 20.32 cm if 

for men or women, or does 

not exceed 17.78 cm if for 

persons other than men or 

women, designed to be used 

in lieu of, but not over, other 

footwear as a protection 

against water, oil, grease or 

chemicals or cold or inclement weather, and where protection against water is imparted by the use of a coated 

or laminated fabric (provided 

for in subheading 

6402.91.50) ........................... Free No change No change On or before 

12/31/2015


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9902.64.28 Footwear (other than work 

footwear) with outer soles 

and uppers of rubber or plastics, covering the ankle, for 

men or women, such footwear 

which from the bottom of the 

outer sole to the top of the 

upper does not exceed 13 cm 

or which exceeds 21 cm, or 

regardless of height is slip-on 

footwear (provided for in subheading 6402.91.90) ............. Free No change No change On or before 

12/31/2015

9902.64.29 Tennis shoes, basketball 

shoes, gym shoes, training 

shoes and the like (provided 

for in subheading 

6402.91.90) ........................... Free No change No change On or before 

12/31/2015

9902.64.30 Footwear with outer soles 

and uppers of rubber or plastic, not covering the ankle, 

other than work footwear or 

house slippers (provided for 

in subheading 6402.99.31) ... Free No change No change On or before 

12/31/2015

9902.64.31 Footwear (other than vulcanized footwear and footwear 

with waterproof molded bottoms, including bottoms comprising an outer sole and all 

or part of the upper), with 

outer soles and uppers of 

rubber or plastics, valued 

over the dollar amount specified in U.S. note 20(e) of this 

subchapter, designed to be 

used in lieu of, but not over, 

other footwear, and where 

protection against water is 

imparted by the use of a 

coated or laminated textile 

fabric (provided for in subheading 6402.99.33) ............. Free No change No change On or before 

12/31/2015

9902.64.32 Footwear with uppers and 

outer soles of rubber or plastics, other than house slippers (provided for in subheading 6402.99.41 or 

6402.99.49) ........................... Free No change No change On or before 

12/31/2015

9902.64.33 Footwear with outer soles 

and uppers of rubber or plastics, other than house slippers (provided for in subheading 6402.99.71 or 

6402.99.79) ........................... Free No change No change On or before 

12/31/2015

9902.64.34 Footwear with outer soles 

and uppers of leather, covering the ankle, other than 

footwear for women (provided 

for in subheading 

6403.51.90) ........................... Free No change No change On or before 

12/31/2015


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9902.64.35 Footwear for men, and footwear for youths and boys, 

covering the ankle, valued not 

over $12/pair, such footwear 

which from the bottom of the 

outer sole to the top of the 

upper does not exceed 13 cm 

or which exceeds 21 cm, or 

regardless of height is waterproof footwear, other than 

work footwear, tennis shoes, 

basketball shoes, gym shoes, 

training shoes and the like, 

slip-on footwear, and other 

than footwear with waterproof bottoms, including bottoms comprising an outer 

sole and all or part of the 

upper (provided for in subheading 6403.91.60) ............. Free No change No change On or before 

12/31/2015

9902.64.36 Slip-on footwear for men and 

footwear for youths and boys, 

covering the ankle and incorporating waterproof footwear 

bottoms including bottoms 

comprising an outer sole and 

part of the upper; such footwear with sole components, 

including any mid-soles but 

excluding any inner soles, 

which when measured at the 

ball of the foot have a combined thickness less than 

13.5 mm, the foregoing valued not over $20/pair (provided for in subheading 

6403.91.60) ........................... Free No change No change On or before 

12/31/2015

9902.64.37 Footwear for men, other than 

slip-on footwear, work footwear, tennis shoes, basketball 

shoes, gym shoes, training 

shoes and the like, valued not 

over $12/pair (provided for in 

subheading 6403.91.60) ........ Free No change No change On or before 

12/31/2015

9902.64.38 Footwear for youth and boys, 

incorporating a waterproof 

footwear bottom including 

bottoms comprising an outer 

sole and part of the upper, 

other than tennis shoes, basketball shoes, gym shoes, 

training shoes and the like, 

and other than slip-on footwear (provided for in subheading 6403.91.60) ............. Free No change No change On or before 

12/31/2015


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9902.64.39 Footwear (other than footwear for men or footwear for 

youths and boys) covering the 

ankle, valued over $12/pair, 

such footwear of a height 

which from the bottom of the 

outer sole to the top of the 

upper does not exceed 13 cm, 

or which exceeds 21 cm, or 

regardless of height, is waterproof footwear, or footwear 

where the difference in height 

between the bottom of the 

sole at the ball of the foot to 

the top of the midsole and 

from the bottom of the heel 

to the top of the midsole is 

over 30 mm, other than work 

footwear and other than slipon footwear (provided for in 

subheading 6403.91.90) ........ Free No change No change On or before 

12/31/2015

9902.64.40 Slip-on footwear (other than 

footwear for men or footwear 

for youths or boys) covering 

the ankle; such footwear with 

a heel over 15 mm in height 

as measured from the bottom 

of the sole, or sole components (including any midsoles but excluding any inner 

soles) which when measured 

at the ball of the foot have a 

combined thickness less than 

13.5 mm, the foregoing valued not over $20/pair (provided for in subheading 

6403.91.90) ........................... Free No change No change On or before 

12/31/2015

9902.64.41 Footwear for women, covering the ankle, valued not 

over $12/pair, such footwear 

which from the bottom of the 

outer sole to the top of the 

upper does not exceed 13 cm 

or which exceeds 21 cm, or 

regardless of height is waterproof footwear, other than 

work footwear, tennis shoes, 

basketball shoes, gym shoes, 

training shoes and the like, 

slip-on footwear, and other 

than footwear with only waterproof bottoms, including 

bottoms comprising an outer 

sole and all or part of the 

upper (provided for in subheading 6403.91.90) ............. Free No change No change On or before 

12/31/2015

9902.64.42 Footwear for persons other 

than women, other than slipon footwear, tennis shoes, 

basketball shoes, gym shoes, 

training shoes and the like 

and other than footwear incorporating waterproof footwear bottoms comprising an 

outer sole and part of the 

upper (provided for in subheading 6403.91.90) ............. Free No change No change On or before 

12/31/2015


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9902.64.43 Footwear for men, valued not 

over $20/pair, having uppers 

of leather other than pigskin, 

and other than house slippers, work footwear, tennis 

shoes, basketball shoes, gym 

shoes, training shoes and the 

like, and other than footwear 

with uppers having a toe part 

or thong (provided for in subheading 6403.99.60) ............. Free No change No change On or before 

12/31/2015

9902.64.44 Footwear for men, having uppers of pigskin, other than 

house slippers, work footwear, tennis shoes, basketball 

shoes, gym shoes, training 

shoes and the like (provided 

for in subheading 

6403.99.60) ........................... Free No change No change On or before 

12/31/2015

9902.64.45 Tennis shoes, basketball 

shoes, gym shoes, training 

shoes and the like for youths 

and boys (provided for in 

subheading 6403.99.60) ........ Free No change No change On or before 

12/31/2015

9902.64.46 Footwear valued over $2.50/ 

pair (other than footwear for 

women; house slippers; and 

tennis shoes, basketball 

shoes, gym shoes, training 

shoes and the like) (provided 

for in subheading 

6403.99.90) ........................... Free No change No change On or before 

12/31/2015

9902.64.47 Sports footwear, tennis shoes, 

basketball shoes, gym shoes, 

training shoes and the like 

with outer soles of rubber or 

plastics and uppers of textile 

materials (provided for in 

subheading 6404.11.51, 

6404.11.59, 6404.11.61, 

6404.11.69, 6404.11.71, 

6404.11.79, 6404.11.81 or 

6404.11.89) ........................... Free No change No change On or before 

12/31/2015

9902.64.48 Sports footwear (other than 

ski boots, cross country ski 

footwear and snowboard 

boots) for persons other than 

men or women (provided for 

in subheading 6404.11.90) ... Free No change No change On or before 

12/31/2015

9902.64.49 Ski boots, cross country ski 

footwear and snowboard 

boots for men or women (provided for in subheading 

6404.11.90) ........................... Free No change No change On or before 

12/31/2015

9902.64.50 Tennis shoes, basketball 

shoes, gym shoes, training 

shoes and the like, covering 

the ankle, for men and 

women (provided for in subheading 6404.11.90) ............. Free No change No change On or before 

12/31/2015


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9902.64.51 Footwear with outer soles of 

rubber or plastics and uppers 

of textile materials, having 

uppers of which over 50 percent of the external surface 

area is leather (provided for 

in subheading 6404.19.15) ... Free No change No change On or before 

12/31/2015

9902.64.52 Footwear (except vulcanized 

footwear and footwear with 

waterproof molded bottoms, 

including bottoms comprising 

an outer sole and all or part 

of the upper) with outer soles 

of rubber or plastics and uppers of textile materials, valued over the dollar amount 

specified in U.S. note 20(e) 

to this subchapter, whose 

height from the bottom of the 

outer sole to the top of the 

upper does not exceed 20.32 

cm if for men or women or 

does not exceed 17.78 cm for 

persons other than men or 

women, designed to be used 

in lieu of, but not over, other 

footwear as a protection 

against water, oil, grease or 

chemicals or cold or inclement weather, and where protection against water is imparted by the use of a coated 

or laminated textile fabric 

(provided for in subheading 

6404.19.20) ........................... Free No change No change On or before 

12/31/2015

9902.64.53 Footwear for men, with outer 

soles of rubber or plastics 

and uppers of vegetable fibers, other than house slippers (provided for in subheading 6404.19.25) ............. Free No change No change On or before 

12/31/2015

9902.64.54 Footwear with outer soles of 

rubber or plastics and uppers 

of textile materials (except 

footwear with uppers having 

a toe part or thong) (provided for in subheading 

6404.19.36, 6404.19.37 or 

6404.19.39) ........................... Free No change No change On or before 

12/31/2015

9902.64.55 Footwear for women, with 

outer soles of rubber or plastics and uppers of textile materials, other than house slippers (provided for in subheading 6404.19.52, 

6404.19.57 or 6404.19.59) ... Free No change No change On or before 

12/31/2015

9902.64.56 Footwear with outer soles of 

rubber or plastics and uppers 

of textile materials (provided 

for in subheading 

6404.19.61, 6404.19.69, 

6404.19.72, 6404.19.77, 

6404.19.79, 6404.19.82, 

6404.19.87, 6404.19.89 or 

6404.19.90) ........................... Free No change No change On or before 

12/31/2015


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9902.64.57 Footwear with uppers of 

leather or composition leather, for men (provided for in 

subheading 6405.10.00) ........ Free No change No change On or before 

12/31/2015

9902.64.58 Footwear with uppers of textile materials, other than with 

soles and uppers of wool felt 

(provided for in subheading 

6405.20.90) ........................... Free No change No change On or before 

12/31/2015

9902.64.59 Footwear not elsewhere provided for in chapter 64 (provided for in subheading 

6405.90.90) ........................... Free No change No change On or before 

12/31/2015 ’’. 

1 SEC. 5. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act 

3 shall— 

4 (1) take effect on the 15th day after the date 

5 of the enactment of this Act; and 

6 (2) apply to articles entered, or withdrawn from 

7 warehouse for consumption, on or after such 15th 

8 day. 

Æ 


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