I 
110TH CONGRESS 
2D SESSION 
H. R. 6483 
To provide for duty free treatment of certain recreational performance 
outerwear, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2008 
Mr. BLUMENAUER (for himself and Mr. MATHESON) introduced the following 
bill; which was referred to the Committee on Ways and Means, and in 
addition to the Committee on Science and Technology, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To provide for duty free treatment of certain recreational 
performance outerwear, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Recreational Perform-
ance Outerwear Apparel Act of 2008’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) 
The 
outdoor 
industry 
contributes 
$730,000,000,000 to the United States economy an-
nually. 
(2) Outdoor activities are vitally important to 
the health and well-being of all Americans. 
(3) Duty rates on performance apparel are 
among the highest imposed by the United States 
Government, with some as high as 28.2 percent. 
(4) Average collected duties on recreational per-
formance apparel totaled an estimated $70,000,000 
during 2007. 
(5) The duties currently imposed by the United 
States were set in an era during which high rates of 
duty were intended to protect United States produc-
tion of other apparel, and before the technologies 
and innovations were developed to create today’s 
performance apparel industry. 
(6) The International Trade Commission (ITC) 
has confirmed in USITC Publication 3937 dated 
July 2007 that United States production of rec-
reational performance apparel is less than one per-
cent of the total Recreational Performance Outer-
wear market and therefore concluded that there is 
no commercially viable United States production of 
recreational use performance apparel. 
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(7) The Committee for the Implementation of 
Textile Agreements (CITA) in 70 Fed. Reg. 210 (1 
November 2005) confirmed that imports of certain 
recreational performance apparel do not contribute 
to domestic market disruption or adversely affect 
United States textile and apparel producers. 
(8) There is no commercially viable production 
in the United States of recreational performance ap-
parel as defined under this Act. 
(9) The elimination of duties on the importation 
of certain recreational performance apparel would 
provide an economic benefit to United States con-
sumers of outdoor products and would promote in-
creased participation in healthy and active lifestyles. 
SEC. 3. KNIT APPAREL AND ACCESSORIES. 
(a) DEFINITIONS.—The Additional U.S. Note to 
Chapter 61 of the Harmonized Tariff Schedule of the 
United States is amended— 
(1) by striking ‘‘Additional U.S. Note’’ and in-
serting ‘‘Additional U.S. Notes’’; and 
(2) by adding at the end the following new 
notes: 
‘‘2. For purposes of this chapter, the term ‘rec-
reational performance outerwear’ means pants (including, 
but not limited to, paddling pants, ski or snowboard pants, 
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and ski or snowboard pants intended for sale as parts of 
ski suits), coveralls and bib overalls, and jackets (includ-
ing, but not limited to, full zip jackets, paddling jackets, 
ski jackets, and ski jackets intended for sale as parts of 
ski suits), windbreakers, and similar articles (including 
padded, sleeveless jackets), the outer surface of which is 
predominately composed of knit fabrics of cotton, wool, 
hemp, bamboo, silk, or manmade fiber, or a combination 
of such fibers, that are water-resistant, visibly coated, or 
any combination thereof, with critically sealed seams, with 
5 or more of the following options: 
‘‘(a) Insulation for cold weather protection. 
‘‘(b) Pockets, at least one of which has a 
zippered, hook and loop, or other type of closure. 
‘‘(c) Elastic, drawcord, or other means of tight-
ening around the waist or leg hems, including hid-
den leg sleeves with a means of tightening at the 
ankle for pants and tightening around the waist or 
bottom hem for jackets. 
‘‘(d) Venting. 
‘‘(e) Articulated elbows or knees. 
‘‘(f) Reinforcement in one of the following 
areas: the elbows, shoulders, seat, knees, or ankles 
or cuffs. 
‘‘(g) Weatherproof closure at the waist or front. 
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‘‘(h) Multi-adjustable hood or collar. 
‘‘(i) Adjustable powder, inner protective skirt, 
or adjustable inner protective cuff at sleeve hem. 
‘‘(j) Construction at the arm gusset that utilizes 
fabric, design, or patterning to ensure radial arm 
movement. 
‘‘(k) Odor control technology. 
The term ‘recreational performance outerwear’ does not 
include occupational outerwear. 
‘‘3. For purposes of Additional U.S. Note 2, the fol-
lowing terms have the following meanings: 
‘‘(a) The term ‘absorption’ means the process 
of gases or liquids being taken up into the pores of 
textile fibers, yarns, fabrics, or any other material. 
‘‘(b) The terms ‘adjustable powder’ and ‘inner 
protective skirt’ refer to a partial lower inner lining 
with means of tightening around the waist for addi-
tional protection from the elements. 
‘‘(c) The term ‘adsorption’ means the attraction 
of gases, liquids, or solids to surface areas of textile 
fibers, yarns, fabrics, or any other material. 
‘‘(d) The term ‘articulated elbows or knees’ re-
fers to the construction of a sleeve (or pant leg) to 
allow improved mobility at the elbow (or knee) 
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through the use of extra seams, darts, gussets, or 
other means. 
‘‘(e) The term ‘critically sealed seams’ means— 
‘‘(i) for jackets, sealed seams that are 
sealed at the shoulders, or arm holes, or both, 
and at any front and back yokes, and 
‘‘(ii) for pants, sealed seams that are 
sealed at the front (up to the zipper or other 
means of closure) and back rise. 
‘‘(f) The term ‘insulation for cold weather pro-
tection’ means insulation with either synthetic fill, 
down, a laminated thermal backing, or other lining 
for thermal protection from cold weather. 
‘‘(g) The term ‘multi-adjustable hood or adjust-
able collar’ means a draw cord, adjustment tab, or 
elastic incorporated into the hood or collar construc-
tion to allow volume adjustments around the crown 
of the head or neck. 
‘‘(h) The term ‘odor control technology’ means 
a technology in a fabric or garment capable of ad-
sorbing, absorbing, or changing the chemical source 
of human odors, including the use of activated car-
bon, silver, copper, or any combination thereof. 
‘‘(i) The term ‘occupational outerwear’ means 
outerwear garments intended for use in the work-
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