II 

110TH CONGRESS 

2D SESSION S. 3439 

To provide for duty free treatment of certain recreational performance 

outerwear, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2008 

Mr. SALAZAR (for himself, Mr. CRAPO, and Mr. WYDEN) 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 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 ‘‘Recreational Perform5 ance Outerwear Apparel Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The outdoor industry contributes 

9 $730,000,000,000 to the United States economy an10 nually. 

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1 (2) Outdoor activities are vitally important to 

2 the health and well-being of all Americans. 

3 (3) Duty rates on performance apparel are 

4 among the highest imposed by the United States 

5 Government, with some as high as 28.2 percent. 

6 (4) Average collected duties on recreational per7 formance apparel totaled an estimated $70,000,000 

8 during 2007. 

9 (5) 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 United States produc12 tion of other apparel, and before the technologies 

13 and innovations were developed to create today’s 

14 performance apparel industry. 

15 (6) The International Trade Commission (ITC) 

16 has confirmed in USITC Publication 3937 dated 

17 July 2007 that United States production of rec18 reational performance apparel is less than one per19 cent of the total Recreational Performance Outer20 wear market and therefore concluded that there is 

21 no commercially viable United States production of 

22 recreational use performance apparel. 

23 (7) The Committee for the Implementation of 

24 Textile Agreements (CITA) in 70 Fed. Reg. 210 (1 

25 November 2005) confirmed that imports of certain 

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1 recreational performance apparel do not contribute 

2 to domestic market disruption or adversely affect 

3 United States textile and apparel producers. 

4 (8) There is no commercially viable production 

5 in the United States of recreational performance ap6 parel as defined under this Act. 

7 (9) The elimination of duties on the importation 

8 of certain recreational performance apparel would 

9 provide an economic benefit to United States con10 sumers of outdoor products and would promote in11 creased participation in healthy and active lifestyles. 

12 SEC. 3. KNIT APPAREL AND ACCESSORIES. 

13 (a) DEFINITIONS.—The Additional U.S. Note to 

14 Chapter 61 of the Harmonized Tariff Schedule of the 

15 United States is amended— 

16 (1) by striking ‘‘Additional U.S. Note’’ and in17 serting ‘‘Additional U.S. Notes’’; and 

18 (2) by adding at the end the following new 

19 notes: 

20 ‘‘2. For purposes of this chapter, the term ‘rec21 reational performance outerwear’ means pants (including, 

22 but not limited to, paddling pants, ski or snowboard pants, 

23 and ski or snowboard pants intended for sale as parts of 

24 ski suits), coveralls and bib overalls, and jackets (includ25 ing, but not limited to, full zip jackets, paddling jackets, 

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1 ski jackets, and ski jackets intended for sale as parts of 

2 ski suits), windbreakers, and similar articles (including 

3 padded, sleeveless jackets), the outer surface of which is 

4 predominately composed of knit fabrics of cotton, wool, 

5 hemp, bamboo, silk, or manmade fiber, or a combination 

6 of such fibers, that are water-resistant, visibly coated, or 

7 any combination thereof, with critically sealed seams, with 

8 5 or more of the following options: 

9 ‘‘(a) Insulation for cold weather protection. 

10 ‘‘(b) Pockets, at least one of which has a 

11 zippered, hook and loop, or other type of closure. 

12 ‘‘(c) Elastic, drawcord, or other means of tight13 ening around the waist or leg hems, including hid14 den leg sleeves with a means of tightening at the 

15 ankle for pants and tightening around the waist or 

16 bottom hem for jackets. 

17 ‘‘(d) Venting. 

18 ‘‘(e) Articulated elbows or knees. 

19 ‘‘(f) Reinforcement in one of the following 

20 areas: the elbows, shoulders, seat, knees, or ankles 

21 or cuffs. 

22 ‘‘(g) Weatherproof closure at the waist or front. 

23 ‘‘(h) Multi-adjustable hood or collar. 

24 ‘‘(i) Adjustable powder, inner protective skirt, 

25 or adjustable inner protective cuff at sleeve hem. 

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1 ‘‘(j) Construction at the arm gusset that utilizes 

2 fabric, design, or patterning to ensure radial arm 

3 movement. 

4 ‘‘(k) Odor control technology. 

5 The term ‘recreational performance outerwear’ does not 

6 include occupational outerwear. 

7 ‘‘3. For purposes of Additional U.S. Note 2, the fol8 lowing terms have the following meanings: 

9 ‘‘(a) The term ‘absorption’ means the process 

10 of gases or liquids being taken up into the pores of 

11 textile fibers, yarns, fabrics, or any other material. 

12 ‘‘(b) The terms ‘adjustable powder’ and ‘inner 

13 protective skirt’ refer to a partial lower inner lining 

14 with means of tightening around the waist for addi15 tional protection from the elements. 

16 ‘‘(c) The term ‘adsorption’ means the attraction 

17 of gases, liquids, or solids to surface areas of textile 

18 fibers, yarns, fabrics, or any other material. 

19 ‘‘(d) The term ‘articulated elbows or knees’ re20 fers to the construction of a sleeve (or pant leg) to 

21 allow improved mobility at the elbow (or knee) 

22 through the use of extra seams, darts, gussets, or 

23 other means. 

24 ‘‘(e) The term ‘critically sealed seams’ means— 

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1 ‘‘(i) for jackets, sealed seams that are 

2 sealed at the shoulders, or arm holes, or both, 

3 and at any front and back yokes, and 

4 ‘‘(ii) for pants, sealed seams that are 

5 sealed at the front (up to the zipper or other 

6 means of closure) and back rise. 

7 ‘‘(f) The term ‘insulation for cold weather pro8 tection’ means insulation with either synthetic fill, 

9 down, a laminated thermal backing, or other lining 

10 for thermal protection from cold weather. 

11 ‘‘(g) The term ‘multi-adjustable hood or adjust12 able collar’ means a draw cord, adjustment tab, or 

13 elastic incorporated into the hood or collar construc14 tion to allow volume adjustments around the crown 

15 of the head or neck. 

16 ‘‘(h) The term ‘odor control technology’ means 

17 a technology in a fabric or garment capable of ad18 sorbing, absorbing, or changing the chemical source 

19 of human odors, including the use of activated car20 bon, silver, copper, or any combination thereof. 

21 ‘‘(i) The term ‘occupational outerwear’ means 

22 outerwear garments intended for use in the work23 place or as uniforms. Such garments are designed 

24 for, and normally worn by workers that include, but 

25 are not limited to, military, law enforcement, fire, 

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1 rescue, emergency, industrial, residential, safety, 

2 healthcare, and government workers (excluding rec3 reational workers) and provide durable protection 

4 from cold or inclement weather, as well as safety 

5 from workplace hazards, such as, fire, electrical, ab6 rasion, chemicals, impacts, cuts, punctures, or simi7 lar hazards. 

8 ‘‘(j) The term ‘radial arm movement’ refers to 

9 the ability for unrestricted, 180-degree range of mo10 tion for the arm while wearing a performance outer11 wear jacket. 

12 ‘‘(k) The term ‘reinforcement’ refers to the use 

13 of a double layer of fabric or application of fabric 

14 that is abrasion-resistant, heavier, or more durable 

15 than the predominant or face fabric of the garment. 

16 ‘‘(l) The term ‘sealed seam’ means a seam that 

17 has been covered by means of taping, gluing, bond18 ing, cementing, fusing, welding, or a similar process 

19 so that water cannot pass through it when tested in 

20 accordance with AATCC Test Method 35–1985. 

21 ‘‘(m) The term ‘technical fabrics’ means textile 

22 products that have special functionality such as 

23 those used in industrial, aerospace, military, marine, 

24 outdoor, medical, construction, geotextile, transpor25 tation, and high technology applications. 

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1 ‘‘(n) The term ‘venting’ refers to closeable or 

2 permanent constructed openings in a garment (ex3 cluding front, primary zipper closures) to allow in4 creased expulsion of built-up heat during outdoor ac5 tivities. In a jacket, the openings are often posi6 tioned on the underarm seam of a garment but may 

7 also be placed along other seams in the front or back 

8 of a garment. In pants, the openings are often posi9 tioned on the inner or outer leg seams of a garment 

10 but may also be placed along other seams in the 

11 front or back of a garment. 

12 ‘‘(o) The term ‘visibly coated’ refers to fabric 

13 that is impregnated, coated, covered, or laminated 

14 with plastics. 

15 ‘‘(p) The term ‘water resistant’ means that a 

16 garment must have a water resistance (see ASTM 

17 designations D 3600–81 and D 3781–79) such that, 

18 under a head pressure of 600 millimeters, not more 

19 than 1.0 gram of water penetrates after two minutes 

20 when tested in accordance with AATCC Test Meth21 od 35–1985. This water resistance is the result of 

22 a rubber or plastics application to the outer shell, 

23 lining, or inner lining. 

24 ‘‘(q) The term ‘weatherproof closure’ means a 

25 closure (including, but not limited to, laminated or 

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1 coated zippers, storm flaps, or other weatherproof 

2 construction) that has been reinforced or engineered 

3 in a manner to reduce the penetration or absorption 

4 of moisture, air, and inclement weather through an 

5 opening in the garment. 

6 ‘‘4. For purposes of this chapter, goods meeting the 

7 definition of ‘recreational performance outerwear’ shall be 

8 classified under the subheading which provides for ‘rec9 reational performance outerwear’ regardless of whether it 

10 may also be classified under other provisions of this 

11 Schedule. 

12 ‘‘5. For purposes of this chapter, goods claimed as 

13 ‘recreational performance outerwear’ shall identify on 

14 entry of the goods whether the outer surface is water-re15 sistant, visibly-coated, or a combination thereof, plus the 

16 specific features that make the goods eligible for entry as 

17 recreational performance outerwear.’’. 

18 (b) TARIFF CLASSIFICATIONS.—Chapter 61 of the 

19 Harmonized Tariff Schedule of the United States is 

20 amended as follows: 

21 (1) By striking subheading 6101.20.00 and in22 serting the following, with the article description for 

23 subheading 6101.20 having the same degree of in24 dentation as the article description for subheading 

25 6101.30: 

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‘‘ 6101.20 Of cotton: 

6101.20.05 Recreational performance 

outerwear .......................... Free 50% 

6101.20.10 Other ................................. 15.9% Free (BH, CA, 

CL, IL, JO, 

MX, P, SG) 

4.8% (MA) 

15.5% (AU) 50% ’’. 

1 (2) By striking subheading 6102.10.00 and in2 serting the following, with the article description for 

3 subheading 6012.10 having the same degree of in4 dentation as the article description for subheading 

5 6102.30: 

‘‘ 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, IL, JO, 

MX, P, SG) 

17.1¢kg + 5% 

(MA) 

15.5% (AU) 68.3¢kg + 54.5% ’’. 

6 (3) By striking subheading 6201.20.00 and in7 serting the following, with the article description for 

8 subheading 6102.10 having the same degree of in9 dentation as the article description for subheading 

10 6102.30: 

‘‘ 6102.20 Of cotton: 

6102.20.05 Recreational performance 

outerwear .......................... Free 50% 

6102.20.10 Other ................................. 15.9% Free (BH, CA, 

CL, IL, JO, 

MX, P, SG) 

4.8% (MA) 

15.5% (AU) 50% ’’. 

11 (4) By striking subheading 6104.61.00 and in12 serting the following, with the article description for 

13 subheading 6104.61 having the same degree of in14 dentation as the article description for subheading 

15 6104.59: 

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‘‘ 6104.61 Trousers, bib and brace overalls, breeches and shorts: 

6104.61.05 Recreational performance 

outerwear .......................... Free 54.5% 

6104.61.10 Of wool or fine animal hair 14.9% Free (BH, CA, 

CL, IL, JO, 

MX, P, SG) 

4.5% (MA) 

13.4% (AU) 54.5% ’’. 

1 (5) By striking subheading 6114.20.00 and in2 serting the following, with the article description for 

3 subheading 6114.20 having the same degree of in4 dentation as the article description for subheading 

5 6114.30: 

‘‘ 6114.20 Of cotton: 

6114.20.05 Recreational performance 

outerwear .......................... Free 90% 

6114.20.10 Other ................................. 10.8% Free (BH, CA, 

CL, IL, JO, 

MX, P, SG) 

3.2% (MA) 

9.7% (AU) 90% ’’. 

6 (c) ADDITIONAL TARIFF CLASSIFICATIONS.—Chap7 ter 61 of the Harmonized Tariff Schedule of the United 

8 States is further amended as follows: 

9 (1) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6101.30.10: 

‘‘ 6101.30.05 Recreational performance outerwear Free 35% ’’. 

13 (2) By inserting in numerical sequence the fol14 lowing new subheading, with the article description 

15 having the same degree of indentation as the article 

16 description for subheading 6101.90.05: 

‘‘ 6101.90.01 Recreational performance outerwear Free 45% ’’. 

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1 (3) By inserting in numerical sequence the fol2 lowing new subheading, with the article description 

3 having the same degree of indentation as the article 

4 description for subheading 6102.30.05: 

‘‘ 6102.30.01 Recreational performance outerwear Free 35% ’’. 

5 (4) By inserting in numerical sequence the fol6 lowing new subheading, with the article description 

7 having the same degree of indentation as the article 

8 description for subheading 6102.90.10: 

‘‘ 6102.90.05 Recreational performance outerwear Free 45% ’’. 

9 (5) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6103.41.10: 

‘‘ 6103.41.05 Recreational performance outerwear Free 77.2¢/kg + 

54.5% ’’. 

13 (6) By inserting in numerical sequence the fol14 lowing new subheading, with the article description 

15 having the same degree of indentation as the article 

16 description for subheading 6103.42.10: 

‘‘ 6103.42.05 Recreational performance outerwear Free 45% ’’. 

17 (7) By inserting in numerical sequence the fol18 lowing new subheading, with the article description 

19 having the same degree of indentation as the article 

20 description for subheading 6103.43.10: 

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‘‘ 6103.43.05 Recreational performance outerwear Free 77.2¢/kg + 

54.5% ’’. 

1 (8) By inserting in numerical sequence the fol2 lowing new subheading, with the article description 

3 having the same degree of indentation as the article 

4 description for subheading 6103.49.10: 

‘‘ 6103.49.05 Recreational performance outerwear Free 72% ’’. 

5 (9) By inserting in numerical sequence the fol6 lowing new subheading, with the article description 

7 having the same degree of indentation as the article 

8 description for subheading 6104.62.10: 

‘‘ 6104.62.05 Recreational performance outerwear Free 90% ’’. 

9 (10) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6104.63.10: 

‘‘ 6104.63.05 Recreational performance outerwear Free 72% ’’. 

13 (11) By inserting in numerical sequence the fol14 lowing new subheading, with the article description 

15 having the same degree of indentation as the article 

16 description for subheading 6104.69.05: 

‘‘ 6104.69.05 Recreational performance outerwear Free 72% ’’. 

17 (12) By inserting in numerical sequence the fol18 lowing new subheading, with the article description 

19 having the same degree of indentation as the article 

20 description for subheading 6112.20.10: 

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‘‘ 6112.20.05 Recreational performance outerwear Free 72% ’’. 

1 (13) By inserting in numerical sequence the fol2 lowing new subheading, with the article description 

3 having the same degree of indentation as the article 

4 description for subheading 6113.00.10: 

‘‘ 6113.00.05 Recreational performance outerwear Free 65% ’’. 

5 (14) By inserting in numerical sequence the fol6 lowing new subheading, with the article description 

7 having the same degree of indentation as the article 

8 description for subheading 6114.30.20: 

‘‘ 6114.30.25 Recreational performance outerwear Free 90% ’’. 

9 (15) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6114.90.05: 

‘‘ 6114.90.01 Recreational performance outerwear Free 90% ’’. 

13 SEC. 4. APPAREL ARTICLES AND ACCESSORIES OF OTHER 

14 MATERIALS. 

15 (a) NOTES.—The Additional U.S. Notes to chapter 

16 62 of the Harmonized Tariff Schedule of the United 

17 States is amended— 

18 (1) in Additional U.S. Note 2, by striking ‘‘For 

19 purposes of subheadings’’ and all that follows 

20 through ‘‘6211.20.15’’ and inserting ‘‘For purposes 

21 of this chapter’’; and 

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1 (2) by adding at the end the following new 

2 notes: 

3 ‘‘3. For purposes of this chapter, the term ‘rec4 reational performance outerwear’ means pants (including, 

5 but not limited to, paddling pants, ski or snowboard pants, 

6 and ski or snowboard pants intended for sale as parts of 

7 ski suits), coveralls and bib overalls, and jackets (includ8 ing, but not limited to, full zip jackets, paddling jackets, 

9 ski jackets, and ski jackets intended for sale as parts of 

10 ski suits), windbreakers, and similar articles (including 

11 padded, sleeveless jackets), the outer surface of which is 

12 predominately composed of woven fabrics of cotton, wool, 

13 hemp, bamboo, silk, or manmade fiber, or a combination 

14 of such fibers, that are water-resistant, visibly coated, or 

15 any combination thereof, with critically sealed seams, with 

16 5 or more of the following options: 

17 ‘‘(a) Insulation for cold weather protection. 

18 ‘‘(b) Pockets, at least one of which has a 

19 zippered, hook and loop, or other type of closure. 

20 ‘‘(c) Elastic, drawcord, or other means of tight21 ening around the waist or leg hems, including hid22 den leg sleeves with a means of tightening at the 

23 ankle for pants and tightening around the waist or 

24 bottom hem for jackets. 

25 ‘‘(d) Venting. 

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1 ‘‘(e) Articulated elbows or knees. 

2 ‘‘(f) Reinforcement in one of the following 

3 areas: the elbows, shoulders, seat, knees, or ankles 

4 or cuffs. 

5 ‘‘(g) Weatherproof closure at the waist or front. 

6 ‘‘(h) Multi-adjustable hood or collar. 

7 ‘‘(i) Adjustable powder, inner protective skirt, 

8 or adjustable inner protective cuff at sleeve hem. 

9 ‘‘(j) Construction at the arm gusset that utilizes 

10 fabric, design, or patterning to ensure radial arm 

11 movement. 

12 ‘‘(k) Odor control technology. 

13 The term ‘recreational performance outerwear’ does not 

14 include occupational outerwear. 

15 ‘‘4. For purposes of Additional U.S. Note 3, the fol16 lowing terms have the following meanings: 

17 ‘‘(a) The term ‘absorption’ means the process 

18 of gases or liquids being taken up into the pores of 

19 textile fibers, yarns, fabrics, or any other material. 

20 ‘‘(b) The terms ‘adjustable powder’ and ‘inner 

21 protective skirt’ refer to a partial lower inner lining 

22 with means of tightening around the waist for addi23 tional protection from the elements. 

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1 ‘‘(c) The term ‘adsorption’ means the attraction 

2 of gases, liquids, or solids to surface areas of textile 

3 fibers, yarns, fabrics, or any other material. 

4 ‘‘(d) The term ‘articulated elbows or knees’ re5 fers to the construction of a sleeve (or pant leg) to 

6 allow improved mobility at the elbow (or knee) 

7 through the use of extra seams, darts, gussets, or 

8 other means. 

9 ‘‘(e) The term ‘critically sealed seams’ means— 

10 ‘‘(i) for jackets, sealed seams that are 

11 sealed at the shoulders, or arm holes, or both, 

12 and at any front and back yokes, and 

13 ‘‘(ii) for pants, sealed seams that are 

14 sealed at the front (up to the zipper or other 

15 means of closure) and back rise. 

16 ‘‘(f) The term ‘insulation for cold weather pro17 tection’ means insulation with either synthetic fill, 

18 down, a laminated thermal backing, or other lining 

19 for thermal protection from cold weather. 

20 ‘‘(g) The term ‘multi-adjustable hood or adjust21 able collar’ means a draw cord, adjustment tab, or 

22 elastic incorporated into the hood or collar construc23 tion to allow volume adjustments around the crown 

24 of the head or neck. 

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1 ‘‘(h) The term ‘odor control technology’ means 

2 a technology in a fabric or garment capable of ad3 sorbing, absorbing, or changing the chemical source 

4 of human odors, including the use of activated car5 bon, silver, copper, or any combination thereof. 

6 ‘‘(i) The term ‘occupational outerwear’ means 

7 outerwear garments intended for use in the work8 place or as uniforms. Such garments are designed 

9 for, and normally worn by workers that include, but 

10 are not limited to, military, law enforcement, fire, 

11 rescue, emergency, industrial, residential, safety, 

12 healthcare, and government workers (excluding rec13 reational workers) and provide durable protection 

14 from cold or inclement weather, as well as safety 

15 from workplace hazards, such as, fire, electrical, ab16 rasion, chemicals, impacts, cuts, punctures, or simi17 lar hazards. 

18 ‘‘(j) The term ‘radial arm movement’ refers to 

19 the ability for unrestricted, 180 degree range of mo20 tion for the arm while wearing a performance outer21 wear jacket. 

22 ‘‘(k) The term ‘reinforcement’ refers to the use 

23 of a double layer of fabric or application of fabric 

24 that is abrasion-resistant, heavier, or more durable 

25 than the predominant or face fabric of the garment. 

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1 ‘‘(l) The term ‘sealed seam’ means a seam that 

2 has been covered by means of taping, gluing, bond3 ing, cementing, fusing, welding, or a similar process 

4 so that water cannot pass through it when tested in 

5 accordance with AATCC Test Method 35–1985. 

6 ‘‘(m) The term ‘technical fabrics’ means textile 

7 products that have special functionality such as 

8 those used in industrial, aerospace, military, marine, 

9 outdoor, medical, construction, geotextile, transpor10 tation, and high technology applications. 

11 ‘‘(n) The term ‘venting’ refers to closeable or 

12 permanent constructed openings in a garment (ex13 cluding front, primary zipper closures) to allow in14 creased expulsion of built-up heat during outdoor ac15 tivities. In a jacket, the openings are often posi16 tioned on the underarm seam of a garment but may 

17 also be placed along other seams in the front or back 

18 of a garment. In pants, the openings are often posi19 tioned on the inner or outer leg seams of a garment 

20 but may also be placed along other seams in the 

21 front or back of a garment. 

22 ‘‘(o) The term ‘visibly coated’ refers to fabric 

23 that is impregnated, coated, covered, or laminated 

24 with plastics. 

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1 ‘‘(p) The term ‘weatherproof closure’ means a 

2 closure (including, but not limited to, laminated or 

3 coated zippers, storm flaps, or other weatherproof 

4 construction) that has been reinforced or engineered 

5 in a manner to reduce the penetration or absorption 

6 of moisture, air, and inclement weather through an 

7 opening in the garment. 

8 ‘‘5. For purposes of this chapter, goods meeting the 

9 definition of ‘recreational performance outerwear’ shall be 

10 classified under the subheading which provides for ‘rec11 reational performance outerwear’ regardless of whether it 

12 may also be classified under other provisions of this 

13 Schedule. 

14 ‘‘6. For purposes of this chapter, goods claimed as 

15 ‘recreational performance outerwear’ shall identify on 

16 entry of the goods whether the outer surface is water-re17 sistant, visibly-coated, or a combination thereof, plus the 

18 specific features that make the goods eligible for entry as 

19 recreational performance outerwear.’’. 

20 (b) TARIFF CLASSIFICATIONS.—Chapter 62 of the 

21 Harmonized Tariff Schedule of the United States is 

22 amended as follows: 

23 (1) By striking subheading 6201.11.00 and in24 serting the following, with the article description for 

25 subheading 6201.11 having the same degree of inmstockstill on PROD1PC62 with BILLS

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1 dentation as the article description for subheading 

2 6201.12: 

‘‘ 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, IL, JO, 

MX, P, SG) 

12.6¢/kg + 

5% (MA) 

15.5% (AU) 52.9¢/kg + 58.5% ’’. 

3 (2) By striking subheading 6202.11.00 and in4 serting the following, with the article description for 

5 subheading 6201.11 having the same degree of in6 dentation as the article description for subheading 

7 6202.12: 

‘‘ 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, IL, JO, 

MX, P, SG) 

12.6¢/kg + 

5% (MA) 

15.5% (AU) 46.3¢/kg + 58.5% ’’. 

8 (3) By striking subheadings 6203.41 and 

9 6203.41.05 and inserting the following, with the ar10 ticle description for subheading 6203.41.05 having 

11 the same degree of indentation as the article descrip12 tion for subheading 6203.41.20: 

‘‘ 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, breeches, or 

shorts containing elastomeric fiber, water resistant, without beltloops, 

weighing more than 9 kg 

per dozen ........................... 7.6% Free (BH, CA, 

CL, IL, JO, 

MX, P, SG) 

2.2% (MA) 

6.8% (AU) 52.9¢/kg + 58.5% ’’. 

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1 (4) By striking subheadings 6211.20 and 

2 6211.20.04 and inserting the following, with the ar3 ticle description for subheading 6211.20.04 having 

4 the same degree of indentation as the article descrip5 tion for subheading 6211.20.08: 

‘‘ 6211.20 Ski-suits: 

6211.20.02 Recreational performance 

outerwear .......................... Free 60% 

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 wright 

of down: 

6211.20.04 Anoraks (including skijackets), windbreakers 

and similar articles (including padded, sleeveless jackets) imported as 

parts of suits ................. 0.7% Free (AU, BH, 

CA, CL, E*, 

IL, JO, MX, 

P, SG) 

0.3% (MA) 60% ’’. 

6 (5) By striking subheading 6211.32.00 and in7 serting the following, with the article description for 

8 subheading 6211.32 having the same degree of in9 dentation as the article description for subheading 

10 6211.32.00 (as in effect on the day before the date 

11 of the enactment of this Act): 

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‘‘ 6211.32 Of cotton: 

6211.32.05 Recreational performance 

outerwear .......................... Free 90% 

6211.32.10 Other ................................. 8.1% Free (AU, BH, 

CA, CL, IL, 

JO, MX, P, 

SG) 

2.4% (MA) 90% ’’. 

1 (6) By striking subheading 6211.33.00 and in2 serting the following, with the article description for 

3 subheading 6211.33 having the same degree of in4 dentation as the article description for subheading 

5 6211.33.00 (as in effect on the day before the date 

6 of the enactment of this Act): 

‘‘ 6211.33 Of man-made fibers: 

6211.33.05 Recreational performance 

outerwear .......................... Free 76% 

6211.33.10 Other ................................. 16% Free (AU, BH, 

CA, CL, IL, 

JO, MX, P, 

SG) 

See 

9912.62.99– 

9912.63.00 

(MA) 76% ’’. 

7 (7) By striking subheadings 6211.39 and 

8 6211.39.05 and inserting the following, with the ar9 ticle description for subheading 6211.39 having the 

10 same degree of indentation as the article description 

11 for subheading 6211.39 (as in effect on the day be12 fore the date of the enactment of this Act): 

‘‘ 6211.39 Of other textile materials: 

6211.39.04 Recreational performance 

outerwear .......................... Free 

6211.39.08 Of wool or fine animal hair 12% Free (AU, BH, 

CA, CL, IL, 

JO, MX, P, 

SG) 

3.7% (MA) 58.5% ’’. 

13 (8) By striking subheading 6211.41.00 and in14 serting the following, with the article description for 

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1 subheading 6211.41 having the same degree of in2 dentation as the article description for subheading 

3 6211.41.00 (as in effect on the day before the date 

4 of the enactment of this Act): 

‘‘ 6211.41 Of wool or fine animal hair: 

6211.41.05 Recreational performance 

outerwear .......................... Free 58.5% 

6211.41.10 Other ................................. 12% Free (BH, CA, 

CL, IL, JO, 

MX, P, SG) 

3.7% (MA) 

10.8% (AU) 58.5% ’’. 

5 (9) By striking subheading 6211.42.00 and in6 serting the following, with the article description for 

7 subheading 6211.42 having the same degree of in8 dentation as the article description for subheading 

9 6211.42.00 (as in effect on the day before the date 

10 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, IL, JO, 

MX, P, SG) 

7.2% (AU) 

See 

9912.63.01– 

9912.63.02 

(MA) 90% ’’. 

11 (10) By striking subheading 6211.43.00 and in12 serting the following, with the article description for 

13 subheading 6211.43 having the same degree of in14 dentation as the article description for subheading 

15 6211.43.00 (as in effect on the day before the date 

16 of the enactment of this Act): 

‘‘ 6211.43 Of man-made fibers: 

6211.43.05 Recreational performance 

outerwear .......................... Free 90% 

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6211.43.10 Other ................................. 16% Free (BH, CA, 

CL, IL, JO, 

MX, P, SG) 

4.8% (MA) 

15.5% (AU) 90% ’’. 

1 (c) ADDITIONAL CLASSIFICATIONS.—Chapter 62 of 

2 the Harmonized Tariff Schedule of the United States is 

3 further amended as follows: 

4 (1) By inserting in numerical sequence the fol5 lowing new subheading, with the article description 

6 having the same degree of indentation as the article 

7 description for subheading 6201.12.10: 

‘‘ 6201.12.05 Recreational performance outerwear Free 60% ’’. 

8 (2) By inserting in numerical sequence the fol9 lowing new subheading, with the article description 

10 having the same degree of indentation as the article 

11 description for subheading 6201.13.10: 

‘‘ 6201.13.05 Recreational performance outerwear Free 60% ’’. 

12 (3) By inserting in numerical sequence the fol13 lowing new subheading, with the article description 

14 having the same degree of indentation as the article 

15 description for subheading 6201.19.10: 

‘‘ 6201.19.05 Recreational performance outerwear Free 35% ’’. 

16 (4) By inserting in numerical sequence the fol17 lowing new subheading, with the article description 

18 having the same degree of indentation as the article 

19 description for subheading 6201.91.10: 

‘‘ 6201.91.05 Recreational performance outerwear Free 58.5% ’’. 

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1 (5) By inserting in numerical sequence the fol2 lowing new subheading, with the article description 

3 having the same degree of indentation as the article 

4 description for subheading 6201.92.10: 

‘‘ 6201.92.05 Recreational performance outerwear Free 60% ’’. 

5 (6) By inserting in numerical sequence the fol6 lowing new subheading, with the article description 

7 having the same degree of indentation as the article 

8 description for subheading 6201.93.10: 

‘‘ 6201.93.05 Recreational performance outerwear Free 60% ’’. 

9 (7) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6201.99.10: 

‘‘ 6201.99.05 Recreational performance outerwear Free 35% ’’. 

13 (8) By inserting in numerical sequence the fol14 lowing new subheading, with the article description 

15 having the same degree of indentation as the article 

16 description for subheading 6202.12.10: 

‘‘ 6202.12.05 Recreational performance outerwear Free 60% ’’. 

17 (9) By inserting in numerical sequence the fol18 lowing new subheading, with the article description 

19 having the same degree of indentation as the article 

20 description for subheading 6202.13.10: 

‘‘ 6202.13.05 Recreational performance outerwear Free 60% ’’. 

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1 (10) By inserting in numerical sequence the fol2 lowing new subheading, with the article description 

3 having the same degree of indentation as the article 

4 description for subheading 6202.19.10: 

‘‘ 6202.19.05 Recreational performance outerwear Free 35% ’’. 

5 (11) By inserting in numerical sequence the fol6 lowing new subheading, with the article description 

7 having the same degree of indentation as the article 

8 description for subheading 6202.91.10: 

‘‘ 6202.91.05 Recreational performance outerwear Free 58.5% ’’. 

9 (12) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6202.92.10: 

‘‘ 6202.92.05 Recreational performance outerwear Free 60% ’’. 

13 (13) By inserting in numerical sequence the fol14 lowing new subheading, with the article description 

15 having the same degree of indentation as the article 

16 description for subheading 6202.93.10: 

‘‘ 6202.93.05 Recreational performance outerwear Free 60% ’’. 

17 (14) By inserting in numerical sequence the fol18 lowing new subheading, with the article description 

19 having the same degree of indentation as the article 

20 description for subheading 6202.99.10: 

‘‘ 6202.99.05 Recreational performance outerwear Free 35% ’’. 

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1 (15) By inserting in numerical sequence the fol2 lowing new subheading, with the article description 

3 having the same degree of indentation as the article 

4 description for subheading 6203.42.10: 

‘‘ 6203.42.05 Recreational performance outerwear Free 60% ’’. 

5 (16) By inserting in numerical sequence the fol6 lowing new subheading, with the article description 

7 having the same degree of indentation as the article 

8 description for subheading 6203.43.10: 

‘‘ 6203.43.05 Recreational performance outerwear Free 60% ’’. 

9 (17) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6203.49.10: 

‘‘ 6203.49.05 Recreational performance outerwear Free 76% ’’. 

13 (18) By inserting in numerical sequence the fol14 lowing new subheading, with the article description 

15 having the same degree of indentation as the article 

16 description for subheading 6204.61.10: 

‘‘ 6204.61.05 Recreational performance outerwear Free 58.5% ’’. 

17 (19) By inserting in numerical sequence the fol18 lowing new subheading, with the article description 

19 having the same degree of indentation as the article 

20 description for subheading 6204.62.10: 

‘‘ 6204.62.05 Recreational performance outerwear Free 60% ’’. 

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1 (20) By inserting in numerical sequence the fol2 lowing new subheading, with the article description 

3 having the same degree of indentation as the article 

4 description for subheading 6204.63.10: 

‘‘ 6204.63.05 Recreational performance outerwear Free 60% ’’. 

5 (21) By inserting in numerical sequence the fol6 lowing new subheading, with the article description 

7 having the same degree of indentation as the article 

8 description for subheading 6204.69.10: 

‘‘ 6204.69.05 Recreational performance outerwear Free 76% ’’. 

9 (22) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6210.10.20: 

‘‘ 6210.10.05 Recreational performance outerwear Free 26.5% ’’. 

13 (23) By inserting in numerical sequence the fol14 lowing new subheading, with the article description 

15 having the same degree of indentation as the article 

16 description for subheading 6210.20.30: 

‘‘ 6210.20.05 Recreational performance outerwear Free 65% ’’. 

17 (24) By inserting in numerical sequence the fol18 lowing new subheading, with the article description 

19 having the same degree of indentation as the article 

20 description for subheading 6210.30.30: 

‘‘ 6210.30.05 Recreational performance outerwear Free 65% ’’. 

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1 (25) By inserting in numerical sequence the fol2 lowing new subheading, with the article description 

3 having the same degree of indentation as the article 

4 description for subheading 6210.40.30: 

‘‘ 6210.40.05 Recreational performance outerwear Free 65% ’’. 

5 (26) By inserting in numerical sequence the fol6 lowing new subheading, with the article description 

7 having the same degree of indentation as the article 

8 description for subheading 6210.50.30: 

‘‘ 6210.50.05 Recreational performance outerwear Free 65% ’’. 

9 (27) By inserting in numerical sequence the fol10 lowing new subheading, with the article description 

11 having the same degree of indentation as the article 

12 description for subheading 6211.49.10: 

‘‘ 6211.49.05 Recreational performance outerwear Free 35% ’’. 

13 SEC. 5. SUSTAINABLE TEXTILE AND APPAREL RESEARCH 

14 FUND. 

15 (a) ESTABLISHMENT.—There is established in the 

16 Treasury of the United States the Sustainable Textile and 

17 Apparel Research Fund (in this section referred to as the 

18 ‘‘STAR Fund’’) for a period of 10 years beginning on the 

19 date of the enactment of this Act. 

20 (b) DEPOSITS.—There shall be deposited into the 

21 STAR Fund amounts equal to the fees collected on rec22 reational performance outerwear under subsection (d). 

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1 (c) BOARD OF DIRECTORS.—The STAR Fund shall 

2 be administered by a board of directors (in this section 

3 referred to as the ‘‘Board’’) composed of the following 

4 members: 

5 (1) The Secretary of Commerce. 

6 (2) Four individuals, familiar with the perform7 ance textile industry, including the production of 

8 raw materials and the finished products thereof, who 

9 shall be appointed by the President. At least three 

10 such members shall be representatives of entities 

11 that pay the fees imposed upon the importation of 

12 recreational performance outerwear under subsection 

13 (d). 

14 (d) FUNDING.— 

15 (1) FEE.—In addition to any other fee author16 ized by law, the Secretary of the Treasury shall 

17 charge and collect upon entry for consumption, or 

18 withdrawal for consumption, a fee of 1.5 percent of 

19 the appraised value of imported goods (as deter20 mined under section 402 of the Tariff Act of 1930; 

21 19 U.S.C. 1401a) that are classifiable under the 

22 Harmonized Tariff Schedule of the United States as 

23 recreational performance outerwear as defined in 

24 U.S. Note 2 to chapter 61 and U.S. Note 3 to chapmstockstill on PROD1PC62 with BILLS

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1 ter 62 of the Harmonized Tariff Schedule of the 

2 United States. 

3 (2) EXCLUSIONS.—The assessment of fees 

4 under paragraph (1) shall not apply to imports of 

5 recreational performance outerwear from the fol6 lowing: 

7 (A) Any country that is party to a free 

8 trade agreement with the United States that is 

9 in effect on the date of the enactment of this 

10 Act, or that enters into force under the Bipar11 tisan Trade Promotion Authority Act of 2002 

12 (19 U.S.C. 3801 et seq.), or similar subsequent 

13 authority. 

14 (B) Any country designated as a CBTPA 

15 beneficiary country under section 213(b)(5)(B) 

16 of the Caribbean Basin Economic Recovery Act 

17 (19 U.S.C. 2703(b)(5)(B)). 

18 (C) Any country designated as a bene19 ficiary sub-Saharan African country under sec20 tion 506A(a)(1) of the Trade Act of 1974 (19 

21 U.S.C. 2466a(a)(1)), if the President has deter22 mined that the country has satisfied the re23 quirements of section 113 of the African 

24 Growth and Opportunity Act (19 U.S.C. 3722), 

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1 and has published that determination in the 

2 Federal Register. 

3 (D) Any country designated as an 

4 ATPDEA beneficiary country under section 

5 204(b)(6)(B) of the Andean Trade Preference 

6 Act (19 U.S.C. 3203(b)(6)(B)). 

7 (3) TERMINATION.—The fee under paragraph 

8 (1) shall apply only to entries, or withdrawals from 

9 warehouse for consumption, that are made during 

10 the 10-year period described in subsection (a). 

11 (e) DISTRIBUTION.— 

12 (1) QUARTERLY DISTRIBUTIONS.—The Sec13 retary of Commerce, upon a majority vote of the 

14 Board, taken annually, shall, not later than 60 days 

15 after the end of each calendar quarter, distribute 

16 amounts in the STAR Fund to one or more entities 

17 that the Board considers appropriate to use the 

18 funds in accordance with subsection (f). 

19 (2) ELIGIBILITY REQUIREMENTS.—An entity 

20 may receive funds under paragraph (1) only if the 

21 entity— 

22 (A) is an organization described in section 

23 501(c)(6) of the Internal Revenue Code of 1986 

24 that is exempt from tax under section 501(a) of 

25 such Code; 

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1 (B) is an organization having at least 10 

2 years of experience providing applied research, 

3 technology development, and education to all 

4 parts of the textile and apparel supply chain, 

5 with a research capability demonstrated 

6 through past research programs involving sup7 ply chain management, product development, fit 

8 specifications, operations management, lean 

9 manufacturing, and digital supply chain tech10 nologies on behalf of the sewn products indus11 try in the United States; and 

12 (C) is comprised of members representing 

13 the following segments of the supply chain: 

14 (i) One or more of the following types 

15 of producers: fiber, yarn, or fabric pro16 ducers in the United States. 

17 (ii) Apparel producers in the United 

18 States. 

19 (iii) Retail companies in the United 

20 States. 

21 (f) USE OF FUNDS.—Funds distributed under sub22 section (e) may only be used to conduct applied research, 

23 development, and education activities to enhance the com24 petitiveness of businesses in the United States in clean, 

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1 eco-friendly apparel, other textile and apparel articles, and 

2 sewn-product design and manufacturing. 

3 (g) REQUIREMENTS.—The Secretary of Commerce 

4 may impose such requirements on the use of funds distrib5 uted under subsection (e) as the Secretary considers nec6 essary to ensure compliance with subsection (f), including 

7 requiring reporting and assurances by the entities using 

8 the funds. 

9 (h) REPORTS TO CONGRESS.—The Secretary of Com10 merce shall submit to the Congress a report, not later than 

11 April 1 of each year, explaining in detail how amounts in 

12 the STAR Fund were distributed under subsection (e) and 

13 used under subsection (f) during the preceding calendar 

14 year. 

15 SEC. 6. EFFECTIVE DATE. 

16 This Act and the amendments made by this Act apply 

17 to goods entered, or withdrawn from warehouse for con18 sumption, on or after the 15th day after the date of the 

19 enactment of this Act. 

Æ 

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