I
104TH CONGRESS
1ST SESSION
H. R. 1452
To amend the Harmonized Tariff Schedule of the United States to clarify
that certain footwear assembled in beneficiary countries is excluded from
duty-free treatment, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 1995
Mr. ROSE (for himself, Mr. CLAY, Mr. LIPINSKI, Mrs. MINK of Hawaii, Mr.
PICKETT, Mr. RAHALL, Mr. SANDERS, Mr. QUILLEN, and Mr. EMERSON)
introduced the following bill; which was referred to the Committee on
Ways and Means
A BILL
To amend the Harmonized Tariff Schedule of the United
States to clarify that certain footwear assembled in bene-
ficiary countries is excluded from duty-free treatment,
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. TREATMENT OF CERTAIN FOOTWEAR.
(a) IN GENERAL.—U.S. Note 2 to subchapter II of
chapter 98 of the Harmonized Tariff Schedule of the
United States is amended—
(1) in paragraph (a) by striking ‘‘paragraph
(b)’’ and inserting ‘‘paragraphs (b) and (c)’’;
(2) in paragraph (b)—
(A) by inserting ‘‘or footwear not accorded
duty-free treatment under paragraph (c),’’ after
‘‘apparel article’’, and
(B) by striking the last sentence, and
(3) by adding at the end the following new
paragraph:
‘‘(c)(i) An article of footwear provided for in any of
subheadings 
6115.93.20, 
6402.91.40, 
6402.99.18,
6404.11.20 through 6404.19.90, and 6405.20.90, may not
be treated as a foreign article, or as subject to duty, if—
‘‘(A) the requirements of paragraph (b) (i) and
(ii) are complied with respect to the article;
‘‘(B) the article is produced by an existing foot-
wear manufacturer; and
‘‘(C) the article is entered during any calendar
year after 1994 before the aggregate quantity of
footwear produced by that manufacturer and entered
during the calendar year exceeds the annual duty-
free footwear amount for that manufacturer.
‘‘(ii) For purposes of this paragraph:
‘‘(A) The term ‘annual duty-free footwear
amount’ for an existing footwear manufacturer
means, in the case of articles of footwear provided
for in a subheading classification listed in clause (i),
an amount equal to the average monthly quantity of
footwear provided for under such classification that
was exported to the United States during calendar
year 1994, by all existing manufacturing facilities of
such manufacturer, multiplied by 12.
‘‘(B) The term ‘existing footwear manufacturer’
means a person that was operating at least 1 exist-
ing manufacturing facility on December 31, 1994.
‘‘(C) The term ‘existing manufacturing facility’
means a footwear manufacturing facility that was
operating in a beneficiary country on December 31,
1994.
‘‘(iii) The United States International Trade Com-
mission shall—
‘‘(A) identify each existing footwear manufac-
turer; and
‘‘(B) determine the annual duty-free footwear
amount for each applicable footwear subheading
classification for each such manufacturer,
and provide such identification and determination to the
Secretary of the Treasury.
‘‘(iv) The Secretary of the Treasury shall by regula-
tion specify such relevant entry information as may be re-
quired for purposes of implementing this paragraph.
‘‘(d) For purposes of paragraphs (b) and (c), the
term ‘beneficiary country’ means a country listed in gen-
eral note 7(a).’’.
(b) EFFECTIVE DATE.—The amendments made by
this section apply to goods entered on or after the 15th
day after the date of the enactment of this Act.
Æ