I 

112TH CONGRESS 

1ST SESSION H. R. 2697 

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

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2011 

Ms. JENKINS (for herself, Mr. CROWLEY, Mr. BRADY of Texas, and Mr. BLUMENAUER) 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 2011’’. 

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 $2,000,000,000 during 2010. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 2697 IH

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) Footwear duties, which are higher on lower15 price footwear, serve no purpose and are a hidden, 

16 regressive tax on those people in the United States 

17 least able to pay. 

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

19 larger share of their disposable income on footwear 

20 than higher-income families. 

21 (7) The outdoor industry develops innovative 

22 and high performance footwear that promotes 

23 healthy and active lifestyles through outdoor recre24 ation. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 2697 IH

1 SEC. 3. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

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

4 of many footwear articles; 

5 (2) the reduction or elimination of duties on 

6 such articles will not negatively affect manufacturing 

7 or employment in the United States; and 

8 (3) the reduction or elimination of duties on 

9 such articles will result in reduced retail prices for 

10 a wide range of 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 9902.64.60: 

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

20 footwear of American men’s size 6 and larger 

21 for males, and does not include footwear com22 monly worn by both sexes. 

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

24 footwear of American women’s size 4 and larg25 er, whether for females or of types commonly 

26 worn by both sexes. 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 2697 IH

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 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 

12 the use of casual, dress, or similar light13 weight 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 static 

18 build-up). 

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; 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 2697 IH

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 fasteners. 

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 

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


smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 2697 IH

1 ‘‘(e) For purposes of subheadings 9902.64.28, 

2 9902.64.32 and 9902.64.53, the dollar amount spec3 ified as the value of a good shall be as follows: 

4 ‘‘(i) In calendar year 2011 through 2013, 

5 $22/pair. 

6 ‘‘(ii) In calendar year 2014, $24/pair. 

7 ‘‘(f) The term ‘waterproof footwear’ means foot8 wear designed to protect against penetration by 

9 water or other liquids, whether or not such footwear 

10 is primarily designed for such purposes.’’. 

11 (b) AMENDMENTS TO HTS.—Subchapter II of chap12 ter 99 of the Harmonized Tariff Schedule of the United 

13 States is amended by inserting in numerical sequence the 

14 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 

12/31/2014

9902.64.26 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 

12/31/2014


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 2697 IH

9902.64.27 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 

12/31/2014

9902.64.28 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 

12/31/2014

9902.64.29 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 

12/31/2014

9902.64.30 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 

12/31/2014

9902.64.31 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 

12/31/2014


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 2697 IH

9902.64.32 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, 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 

12/31/2014

9902.64.33 Footwear with uppers and 

outer soles of rubber or plastics, other than house slippers (provided for in subheading 6402.99.40) ............. Free No change No change On or before 

12/31/2014

9902.64.34 Footwear with outer soles 

and uppers of rubber or plastic, other than house slippers 

(provided for in subheading 

6402.99.70) ........................... Free No change No change On or before 

12/31/2014

9902.64.35 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 

12/31/2014

9902.64.36 Footwear for men, and footwear for youths and boys, 

covering the ankle, valued 

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, 

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

12/31/2014

9902.64.37 Slip-on footwear for men and 

footwear for youths and boys 

covering the ankle; 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 over $20/pair (provided 

for in subheading 

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

12/31/2014


smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 2697 IH

9902.64.38 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 

12/31/2014

9902.64.39 Footwear for youth and boys, 

other than tennis shoes, basketball shoes, gym shoes, 

training shoes and the like 

(provided for in subheading 

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

12/31/2014

9902.64.40 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 

12/31/2014

9902.64.41 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 

12/31/2014

9902.64.42 Footwear for women, 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 

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

12/31/2014

9902.64.43 Footwear for persons other 

than women, other than slipon footwear, tennis shoes, 

basketball shoes, gym shoes, 

training shoes and the like 

(provided for in subheading 

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

12/31/2014


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 2697 IH

9902.64.44 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 (provided for in subheading 6403.99.60) ............. Free No change No change On or before 

12/31/2014

9902.64.45 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 6403.99.60) ................. Free No change No change On or before 

12/31/2014

9902.64.46 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 

12/31/2014

9902.64.47 Footwear valued over $2.50/ 

pair (other than footwear for 

men, youths, and boys, 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 

12/31/2014

9902.64.48 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 6404.11.50, 

6404.11.60, 6404.11.70 or 

6404.11.80) ........................... Free No change No change On or before 

12/31/2014

9902.64.49 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 

12/31/2014

9902.64.50 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 

12/31/2014

9902.64.51 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 

12/31/2014

9902.64.52 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 

12/31/2014


smartinez on DSK6TPTVN1PROD with BILLS
11 

•HR 2697 IH

9902.64.53 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 

12/31/2014

9902.64.54 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 

12/31/2014

9902.64.55 Footwear with outer soles of 

rubber or plastics and uppers 

of textile materials (provided 

for in subheading 

6404.19.35) ........................... Free No change No change On or before 

12/31/2014

9902.64.56 Footwear for women, with 

outer soles of rubber or plastics and uppers of textile materials, other than house slippers (provided for in subheading 6404.19.50) ............. Free No change No change On or before 

12/31/2014

9902.64.57 Footwear with outer soles of 

rubber or plastics and uppers 

of textile materials (provided 

for in subheading 

6404.19.60, 6404.19.70, 

6404.19.80 or 6404.19.90) ... Free No change No change On or before 

12/31/2014

9902.64.58 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 

12/31/2014

9902.64.59 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 

12/31/2014

9902.64.60 Footwear not elsewhere provided for in chapter 64 (provided for in subheading 

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

12/31/2014 ’’. 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•HR 2697 IH

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 


smartinez on DSK6TPTVN1PROD with BILLS