II 

113TH CONGRESS 

1ST SESSION S. 1633 

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

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2013 

Ms. CANTWELL (for herself, Mr. BLUNT, Mr. ROBERTS, Mr. MERKLEY, Mr. 

MORAN, Ms. KLOBUCHAR, Mr. JOHANNS, and Mrs. MCCASKILL) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain footwear, and 

for other purposes. 

1 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: 

8 (1) Average collected duties on imported foot9 wear are among the highest of any product sector, 


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

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

3 (2) Duty rates on imported footwear are among 

4 the highest imposed by the United States Govern5 ment, with some as high as the equivalent of 67.5 

6 percent ad valorem. 

7 (3) The duties currently imposed by the United 

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

9 duty were intended to protect production of footwear 

10 in the United States. 

11 (4) Footwear produced in the United States 

12 supplies only about 1 percent of the total United 

13 States market for footwear. This production is con14 centrated in distinct product groupings, which are 

15 not affected by the provisions of this Act. 

16 (5) Footwear duties, which are higher on lower17 price footwear, serve no purpose and are a hidden, 

18 regressive tax on those people in the United States 

19 least able to pay. 

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

21 larger share of their disposable income on footwear 

22 than higher-income families. 

23 (7) The outdoor industry develops innovative 

24 and high performance footwear that promotes 


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1 healthy and active lifestyles through outdoor recre2 ation. 

3 SEC. 3. SENSE OF CONGRESS. 

4 It is the sense of Congress that— 

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

6 of many footwear articles; 

7 (2) the reduction or elimination of duties on 

8 such articles will not negatively affect manufacturing 

9 or employment in the United States; and 

10 (3) the reduction or elimination of duties on 

11 such articles will result in reduced retail prices for 

12 a wide range of consumers. 

13 SEC. 4. DETERMINATION OF CONSTITUENT MATERIAL OF 

14 CERTAIN FOOTWEAR. 

15 Additional U.S. Notes to chapter 64 of the Har16 monized Tariff Schedule of the United States are amended 

17 by striking Additional U.S. Note 5 and inserting the fol18 lowing: 

19 ‘‘5. For the purposes of determining the con20 stituent material of the outer sole pursuant to Note 

21 4(b) of this chapter, the constituent material of an 

22 outer sole consisting of rubber or plastics to which 

23 textile materials are attached or into which such ma24 terials are otherwise incorporated shall be deemed to 


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1 be only rubber or plastics, and no account shall be 

2 taken of the textile materials.’’. 

3 SEC. 5. MODIFICATION OF ARTICLE DESCRIPTION FOR 

4 CERTAIN WATERPROOF FOOTWEAR. 

5 Subheading 6401.92.60 of chapter 64 of the Har6 monized Tariff Schedule of the United States is amended 

7 by adding at the end of the article description the fol8 lowing: ‘‘, with no portion of the soles and uppers exceed9 ing 3.5 mm in thickness’’. 

10 SEC. 6. TEMPORARY SUSPENSION OR REDUCTION OF DU11 TIES ON CERTAIN FOOTWEAR. 

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

13 of chapter 99 of the Harmonized Tariff Schedule of the 

14 United States are amended by adding at the end the fol15 lowing: 

16 ‘‘20. For the purposes of headings 9902.64.25 

17 through 9902.64.59: 

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

19 footwear of American men’s size 6 and larger 

20 for males and does not include footwear com21 monly worn by both sexes. 

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

23 footwear of American women’s size 4 and larg24 er, whether for females or of types commonly 

25 worn by both sexes. 


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

2 addition to footwear for men or footwear for 

3 women having a metal toe-cap, footwear for 

4 men or footwear for women that— 

5 ‘‘(A) has outer soles of rubber or plas6 tics; 

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

8 persons employed in occupations such as 

9 those related to the agricultural, construc10 tion, industrial, public safety or transpor11 tation sectors that are not conducive to the 

12 use of casual, dress or similar lightweight 

13 footwear; and 

14 ‘‘(C) has special features to protect 

15 against hazards in the workplace (such as 

16 resistance to chemicals, compression, 

17 grease, oil, penetration, slippage or static18 buildup). 

19 ‘‘(ii) The term ‘work footwear’ does not in20 clude— 

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

22 basketball shoes, gym shoes, training shoes 

23 and the like; 

24 ‘‘(B) footwear designed to be worn 

25 over other footwear; 


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

2 heels; or 

3 ‘‘(D) footwear (except footwear cov4 ered by heading 6401) of the slip-on type 

5 or other footwear that is held to the foot 

6 without the use of laces or a combination 

7 of laces and hooks or other features. 

8 ‘‘(d) The term ‘house slippers’ means foot9 wear of the slip-on type designed solely for cas10 ual indoor use. The term ‘house slippers’ in11 cludes— 

12 ‘‘(i) footwear with outer soles not ex13 ceeding 3.5 mm in thickness, consisting of 

14 cellular rubber, nongrain leather, or textile 

15 material; 

16 ‘‘(ii) footwear with outer soles not ex17 ceeding 2 mm in thickness consisting of 

18 polyvinyl chloride, whether or not backed; 

19 and 

20 ‘‘(iii) footwear which, when measured 

21 at the ball of the foot, has sole components 

22 (including any inner and mid-soles) with a 

23 combined thickness not exceeding 8 mm as 

24 measured from the outer surface of the up25 permost sole component to the bottom surVerDate Mar 15 2010 02:25 Nov 02, 2013 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1633.IS S1633

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1 face of the outer sole and which, when 

2 measured in the same manner at the area 

3 of the heel, has a thickness equal to or less 

4 than that at the ball of the foot. 

5 ‘‘(e) The term ‘waterproof footwear’ means 

6 footwear designed to protect against penetra7 tion by water or other liquids, whether or not 

8 such footwear is primarily designed for such 

9 purposes.’’. 

10 (b) TEMPORARY SUSPENSION OR REDUCTION OF DU11 TIES.—Subchapter II of chapter 99 of the Harmonized 

12 Tariff Schedule of the United States is amended by insert13 ing in numerical sequence the following new headings: 

‘‘ 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 

12/31/2018

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 

12/31/2018


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9902.64.27 Footwear (other than vulcanized footwear and footwear 

with waterproof molded or 

vulcanized bottoms, including 

bottoms comprising an outer 

sole and all or part of the 

upper, and except footwear 

designed to be protective that 

is incomplete in its condition 

as imported) with outer soles 

and uppers of rubber or plastics, valued over $24/pair, 

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018


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9902.64.31 Footwear (other than vulcanized footwear and footwear 

with waterproof molded or 

vulcanized bottoms, including 

bottoms comprising an outer 

sole and all or part of the 

upper, and except footwear 

designed to be protective that 

is incomplete in its condition 

as imported), with outer soles 

and uppers of rubber or plastics, valued over $24/pair, 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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018


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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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018


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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 

12/31/2018

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, 

other than work footwear, 

tennis shoes, basketball 

shoes, gym shoes, training 

shoes and the like, slip-on 

footwear, and other than waterproof footwear and footwear with 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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018


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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 

12/31/2018

9902.64.46 Footwear valued over $2.50/ 

pair (other than footwear for 

women, house slippers, and 

other than 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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018


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9902.64.52 Footwear (except vulcanized 

footwear and footwear with 

waterproof molded or vulcanized bottoms, including bottoms comprising an outer 

sole and all or part of the 

upper, and except footwear 

designed to be protective that 

is incomplete in its condition 

as imported) with outer soles 

of rubber or plastics and uppers of textile materials, valued over $24/pair, 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, 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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018

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 

12/31/2018


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9902.64.57 Footwear with uppers of 

composition leather, for men, 

other than footwear with 

outer soles containing rubber 

or plastics to which textile 

materials have been attached 

or otherwise combined (provided for in subheading 

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

12/31/2018

9902.64.58 Footwear with uppers of textile materials other than footwear with outer soles containing rubber or plastics to 

which textile materials have 

been attached or otherwise 

combined, and other than 

footwear with soles and uppers of wool felt (provided for 

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

12/31/2018

9902.64.59 Footwear not elsewhere provided for in chapter 64 other 

than footwear with outer 

soles containing rubber or 

plastics to which textile materials have been attached or 

otherwise combined (provided 

for in subheading 

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

12/31/2018 ’’. 

1 SEC. 7. 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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