I 

111TH CONGRESS 

1ST SESSION H. R. 4316 

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

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 15, 2009 

Mr. CROWLEY (for himself and Mr. BRADY of Texas) 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 2009’’. 

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, 

10 totaling approximately $1,700,000,000 during 2008. 

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1 (2) Duty rates on imported footwear are among 

2 the highest imposed by the United States Govern3 ment, with some as high as the equivalent of 67.5 

4 percent ad valorem. 

5 (3) The duties currently imposed by the United 

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

7 duty were intended to protect production of footwear 

8 in the United States. 

9 (4) Footwear produced in the United States 

10 supplies only about 1 percent of the total United 

11 States market for footwear. This production is con12 centrated in distinct product groupings, which are 

13 not affected by the provisions of this Act. 

14 (5) Low- and moderate-income families spend a 

15 larger share of their disposable income on footwear 

16 than higher-income families. 

17 (6) Footwear duties, which are higher on lower18 price footwear, serve no purpose and are a hidden, 

19 regressive tax on those people in the United States 

20 least able to pay. 

21 SEC. 3. SENSE OF CONGRESS. 

22 It is the sense of Congress that— 

23 (1) the reduction or elimination of duties on the 

24 importation of certain footwear articles would promstockstill on DSKH9S0YB1PROD with BILLS

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1 vide significant benefits to United States consumers, 

2 particularly lower-income families; 

3 (2) there is no production in the United States 

4 of many footwear articles; 

5 (3) the reduction or elimination of duties on 

6 such articles will not negatively affect manufacturing 

7 or employment in the United States; and 

8 (4) the reduction or elimination of duties on 

9 such articles will result in reduced retail prices for 

10 consumers. 

11 SEC. 4. TEMPORARY ELIMINATION OR REDUCTION OF DU12 TIES ON CERTAIN FOOTWEAR. 

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

14 of chapter 99 of the Harmonized Tariff Schedule of the 

15 United States are amended by adding at the end the fol16 lowing: 

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

18 through 9902.64.57 and any superior text thereto: 

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

20 footwear of American sizes 6 and larger for 

21 males and does not include footwear commonly 

22 worn by both sexes. 

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

24 footwear of American sizes 4 and larger, whethmstockstill on DSKH9S0YB1PROD with BILLS

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1 er for females or of types commonly worn by 

2 both sexes. 

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

4 addition to footwear for men or footwear for 

5 women having a metal toe-cap, footwear for 

6 men or footwear for women that— 

7 ‘‘(A) has outer soles of rubber or plas8 tics; 

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

10 persons employed in occupations such as 

11 those related to the agricultural, construc12 tion, industrial, public safety or transpor13 tation sectors; 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 static 

18 build-up). 

19 ‘‘(ii) The term ‘work footwear’ does not in20 clude the following: 

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 that is held to the foot without the use of 

6 laces or a combination of laces and hooks 

7 or other features. 

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

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

10 use. The term ‘house slippers’ includes— 

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

12 mm in thickness, consisting of cellular rubber, 

13 non-grain leather or textile material; 

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

15 mm in thickness consisting of polyvinyl chlo16 ride, whether or not backed; and 

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

18 the ball of the foot, has sole components (in19 cluding any inner and mid-soles) with a com20 bined thickness not over 8 mm as measured 

21 from the outer surface of the uppermost sole 

22 component to the bottom surface of the outer 

23 sole and which, when measured in the same 

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

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1 equal to or less than that at the ball of the 

2 foot.’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that U.S. Customs and Border Protection should 

5 treat footwear that has outer soles of rubber or plastics 

6 to which textile materials are attached, or into which such 

7 materials are otherwise incorporated, in a manner that is 

8 consistent with the classification of such footwear in Clas9 sification Opinions 6404.19/1, 6404.19/2, and 6405.20/1 

10 of the Harmonized System Committee of the World Cus11 toms Organization. 

12 (c) AMENDMENTS TO HTS.—Subchapter II of chap13 ter 99 of the Harmonized Tariff Schedule of the United 

14 States is amended by inserting in numerical sequence the 

15 following new headings: 

‘‘ 9902.64.25 Vulcanized rubber lug boot 

bottoms for use in fishing 

waders (provided for in subheading 6401.92.90) ............. Free No change No change On or before 

12/31/2012

9902.64.26 Vulcanized rubber footwear 

with molded soles, lasted uppers (not molded or injected) 

of more than 70 percent by 

weight natural rubber, valued 

over $25/pair, measuring in 

height from the bottom of the 

outer sole to the top of the 

upper over 19 cm, the foregoing designed to be used in 

lieu of, but not over, other 

footwear as a protection 

against water or cold or inclement weather (provided for 

in subheading 6401.92.90) ... Free No change No change On or before 

12/31/2012

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9902.64.27 Sports footwear with outer 

soles and uppers of rubber or 

plastics (other than golf 

shoes), 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 

12/31/2012

9902.64.28 Footwear with outer soles 

and uppers of rubber or plastics, covering the ankle and 

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 

6402.91.05) ........................... Free No change No change On or before 

12/31/2012

9902.64.29 Footwear with outer soles 

and uppers of rubber or plastics, covering the ankle and 

incorporating a protective 

metal toe-cap, valued not over 

$3/pair (provided for in subheading 6402.91.16) ............. Free No change No change On or before 

12/31/2012

9902.64.30 Footwear (other than work 

footwear) 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 

6401.91.40) ........................... Free No change No change On or before 

12/31/2012

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9902.64.31 Footwear with outer soles 

and uppers of rubber or plastics, 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, valued over $20/ 

pair, and if designed for men 

or women the height of which 

does not exceed 20.32 cm or 

if designed for other persons 

the height of which does not 

exceed 17.72 cm; the foregoing not to include vulcanized footwear and footwear 

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

or part of the upper, where 

protection against water is 

imparted by the use of a 

coated laminated fabric (provided for in subheading 

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

12/31/2012

9902.64.32 Footwear with outer soles 

and uppers of rubber or plastics, covering the ankle, valued over $12/pair (provided 

for in subheading 

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

12/31/2012

Footwear with outer soles 

and uppers of rubber or plastics, other than covering the 

ankle and other than sports 

footwear: 

9902.64.33 Of a type described in subheading 6402.99.04 ........... Free No change No change On or before 

12/31/2012

9902.64.34 Of a type described in subheading 6402.99.12 ........... Free No change No change On or before 

12/31/2012

9902.64.35 Of a type described in subheading 6402.99.31 ........... Free No change No change On or before 

12/31/2012

9902.64.36 Footwear designed to be used 

in lieu of, but not over, other 

footwear, valued over $20/ 

pair (other than vulcanized 

footwear and footwear with 

waterproof molded bottoms, 

including bottoms comprising 

an outer sole and all or part 

of the upper), where protection against water is imparted by the use of a coated 

or laminated textile fabric 

(provided for in subheading 

6402.99.33) ........................... Free No change No change On or before 

12/31/2012

Footwear with outer soles 

and uppers of rubber or plastics, not specially described or 

indicated in any other heading of this subchapter: 

9902.64.37 Of a type described in subheading 6402.99.40 ........... Free No change No change On or before 

12/31/2012

9902.64.38 Of a type described in subheading 6402.99.60 ........... Free No change No change On or before 

12/31/2012

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9902.64.39 Of a type described in subheading 6402.99.70 ........... Free No change No change On or before 

12/31/2012

9902.64.40 Welt footwear with pigskin 

uppers (provided for in subheading 6403.40.30) ............. Free No change No change On or before 

12/31/2012

9902.64.41 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 

12/31/2012

9902.64.42 Turn or turned footwear, 

other than footwear for men 

or footwear for women (provided for in subheading 

6403.59.15) ........................... Free No change No change On or before 

12/31/2012

9902.64.43 Footwear for men, and footwear for youths and boys, 

covering the ankle, other 

than work footwear and other 

than slip-on footwear (except 

such footwear with sole components, including any midsoles but excluding any inner 

soles, which when measured 

at the ball of the foot have a 

combined thick-ness less than 

13.5 mm), the foregoing valued over $20/pair (provided 

for in subheading 

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

12/31/2012

9902.64.44 Footwear (other than footwear for men or footwear for 

youths and boys) covering the 

ankle, other than work footwear and other than slip-on 

footwear, but including such 

footwear with a heel over 15 

mm in height as measured 

from the bottom of the sole 

or sole components (including 

any mid-soles but excluding 

any inner soles) which when 

measured at the ball of the 

foot have a combined thickness less than 13.5 mm, the 

foregoing valued not over 

$20/pair (provided for in subheading 6403.91.90) ............. Free No change No change On or before 

12/31/2012

9902.64.45 Footwear for youths and 

boys, other than house slippers and work footwear (provided for in subheading 

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

12/31/2012

9902.64.46 House slippers for persons 

other than men, youths and 

boys, the foregoing valued 

not over $2.50/pair (provided 

for in subheading 

6403.99.75) ........................... Free No change No change On or before 

12/31/2012

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9902.64.47 Footwear valued over $2.50/ 

pair (other than footwear for 

men, youths and boys, and 

footwear for women), the 

foregoing not to include 

house slippers and work footwear (provided for in subheading 6403.99.90) ............. Free No change No change On or before 

12/31/2012

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: 

9902.64.48 Of a type described in subheading 6404.11.20, 

6404.11.40, 6404.11.50, 

6404.11.60 or 6404.11.70 Free No change No change On or before 

12/31/2012

9902.64.49 Of a type described in subheadings 6404.11.80 and 

6404.11.90, covering the 

ankle .................................. Free No change No change On or before 

12/31/2012

9902.64.50 Of a type described in subheadings 6404.11.80 and 

6404.11.90, other than 

tennis shoes, basketball 

shoes, gym shoes, training 

shoes and the like for men 

or women ........................... Free No change No change On or before 

12/31/2012

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 

12/31/2012

9902.64.52 Footwear with outer soles of 

rubber or plastics and uppers 

of textile materials, 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, valued 

over $20/pair, the foregoing 

if designed for men or women 

having a height which does 

not exceed 20.32 cm or if designed for other persons the 

height of which does not exceed 17.72 cm (provided for 

in subheading 6404.19.20); 

all the foregoing not to include vulcanized footwear and 

footwear with waterproof 

molded bottoms (including 

bottoms comprising an outer 

sole and all or part of the 

upper), where protection 

against water is imparted by 

the use of a coated or laminated textile fabric ................ Free No change No change On or before 

12/31/2012

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9902.64.53 Footwear with outer soles of 

rubber or plastics and uppers 

of textile materials (provided 

for in subheading 

6404.19.25, 6404.19.30, 

6404.19.35, 6404.19.40, 

6404.19.50, 6404.19.60, 

6404.19.70, 6404.19.80, 

6404.19.90, 6404.20.20, 

6404.20.40 or 6404.20.60) ... Free No change No change On or before 

12/31/2012

Footwear with uppers of 

leather or composition leather: 

9902.64.54 For men (provided for in 

subheading 6405.10.00) .... 8.5% No change No change On or before 

12/31/2012

9902.64.55 Other than tennis shoes, 

basketball shoes, gym 

shoes, training shoes and 

the like for women (provided for in subheading 

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

12/31/2012

9902.64.56 Footwear with uppers of textile materials, other than with 

soles and uppers of wool felt 

(provided for in subheading 

6405.20.30 or 6405.20.90) ... Free No change No change On or before 

12/31/2012

9902.64.57 Footwear of a type described 

in subheading 6405.90.90 ..... Free No change No change On or before 

12/31/2012 ’’. 

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