Section 1 Short title
This Act may be cited as the “Affordable Footwear Act of 2013”.
Affordable Footwear Act of 2013
A BILL
To suspend temporarily the duty on certain footwear, and for other purposes.
Sec. 2 Findings
Congress finds the following:
Average collected duties on imported footwear are among the highest of any product sector, totaling approximately $2,300,000,000 in 2011 and approximately $2,500,000,000 in 2012.
Duty rates on imported footwear are among the highest imposed by the United States Government, with some as high as the equivalent of 67.5 percent ad valorem.
The duties currently imposed by the United States were set in an era during which high rates of duty were intended to protect production of footwear in the United States.
Footwear produced in the United States supplies only about 1 percent of the total United States market for footwear. This production is concentrated in distinct product groupings, which are not affected by the provisions of this Act.
Footwear duties, which are higher on lower-price footwear, serve no purpose and are a hidden, regressive tax on those people in the United States least able to pay.
Low- and moderate-income families spend a larger share of their disposable income on footwear than higher-income families.
The outdoor industry develops innovative and high performance footwear that promotes healthy and active lifestyles through outdoor recreation.
Sec. 3 Sense of Congress
It is the sense of Congress that—
there is no production in the United States of many footwear articles;
the reduction or elimination of duties on such articles will not negatively affect manufacturing or employment in the United States; and
the reduction or elimination of duties on such articles will result in reduced retail prices for a wide range of consumers.
Sec. 4 Determination of constituent material of certain footwear
Additional U.S. Notes to chapter 64 of the Harmonized Tariff Schedule of the United States are amended by striking Additional U.S. Note 5 and inserting the following:
“5. For the purposes of determining the constituent material of the outer sole pursuant to Note 4(b) of this chapter, the constituent material of an outer sole consisting of rubber or plastics to which textile materials are attached or into which such materials are otherwise incorporated shall be deemed to be only rubber or plastics, and no account shall be taken of the textile materials.”
Sec. 5 Modification of article description for certain waterproof footwear
Subheading 6401.92.60 of chapter 64 of the Harmonized Tariff Schedule of the United States is amended by adding at the end of the article description the following: “, with no portion of the soles and uppers exceeding 3.5 mm in thickness”.
Sec. 6 Temporary suspension or reduction of duties on certain footwear
Definitions— The U.S. Notes to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following:
“20. For the purposes of headings 9902.64.25 through 9902.64.59:
“(a) The term footwear for men means footwear of American men's size 6 and larger for males and does not include footwear commonly worn by both sexes.
“(b) The term footwear for women means footwear of American women's size 4 and larger, whether for females or of types commonly worn by both sexes.
“(c)
“(i) The term work footwear means, in addition to footwear for men or footwear for women having a metal toe-cap, footwear for men or footwear for women that—
“(A) has outer soles of rubber or plastics;
“(B) is of a kind designed for use by persons employed in occupations such as those related to the agricultural, construction, industrial, public safety or transportation sectors that are not conducive to the use of casual, dress or similar lightweight footwear; and
“(C) has special features to protect against hazards in the workplace (such as resistance to chemicals, compression, grease, oil, penetration, slippage or static-buildup).
“(ii) The term work footwear does not include—
“(A) sports footwear, tennis shoes, basketball shoes, gym shoes, training shoes and the like;
“(B) footwear designed to be worn over other footwear;
“(C) footwear with open toes or open heels; or
“(D) footwear (except footwear covered by heading 6401) of the slip-on type or other footwear that is held to the foot without the use of laces or a combination of laces and hooks or other features.
“(d) The term house slippers means footwear of the slip-on type designed solely for casual indoor use. The term house slippers includes—
“(i) footwear with outer soles not exceeding 3.5 mm in thickness, consisting of cellular rubber, nongrain leather, or textile material;
“(ii) footwear with outer soles not exceeding 2 mm in thickness consisting of polyvinyl chloride, whether or not backed; and
“(iii) footwear which, when measured at the ball of the foot, has sole components (including any inner and mid-soles) with a combined thickness not exceeding 8 mm as measured from the outer surface of the uppermost sole component to the bottom surface of the outer sole and which, when measured in the same manner at the area of the heel, has a thickness equal to or less than that at the ball of the foot.
“(e) The term waterproof footwear means footwear designed to protect against penetration by water or other liquids, whether or not such footwear is primarily designed for such purposes.”
Temporary suspension or reduction of duties— Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: