S. 3073

A bill to amend the Harmonized Tariff Schedule of the United States to clarify the classification of recreational performance outerwear, and for other purposes.

Latest

II

112th CONGRESS

2d Session

S. 3073

IN THE SENATE OF THE UNITED STATES

May 9, 2012

Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Harmonized Tariff Schedule of the United States to clarify the classification of recreational performance outerwear, and for other purposes.

1.

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)

in the heading, by striking Additional U.S. Note and inserting Additional U.S. Notes; and

(2)

by adding at the end the following new notes:

2. (a)

For purposes of this chapter, the term recreational performance outerwear means trousers (including, but not limited to, paddling pants, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls and bib overalls, and jackets (including, 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) composed of knit fabrics of cotton, wool, hemp, bamboo, silk, or manmade fiber, or a combination of such fibers, that are either water-resistant or visibly coated, or both, with critically sealed seams, and with 5 or more of the following features:

(i)

Insulation for cold weather protection.

(ii)

Pockets, at least one of which has a zippered, hook and loop, or other type of closure.

(iii)

Elastic, drawcord, or other means of tightening around the waist or leg hems, including hidden leg sleeves with a means of tightening at the ankle for trousers and tightening around the waist or bottom hem for jackets.

(iv)

Venting, not including grommet(s).

(v)

Articulated elbows or knees.

(vi)

Reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles, or cuffs.

(vii)

Weatherproof closure at the waist or front.

(viii)

Multi-adjustable hood or adjustable collar.

(ix)

Adjustable powder skirt, inner protective skirt, or adjustable inner protective cuff at sleeve hem.

(x)

Construction at the arm gusset that utilizes fabric, design, or patterning to allow radial arm movement.

(xi)

Odor control technology.

The term recreational performance outerwear does not include occupational outerwear or garments with an outer surface of looped pile.
(b)

For purposes of this Note, the following terms have the following meanings:

(i)

The term water-resistant means that a garment must have a water resistance (see ASTM designations D 3779–81 and D 7017) such that, under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes when tested in accordance with the current version of AATCC Test Method 35. The water resistance of the garment is the result of a rubber or plastics application to the outer shell, lining, or inner lining.

(ii)

The term visibly coated refers to fabric that is impregnated, coated, covered, or laminated with plastics, such as fabrics described in Note 2 to chapter 59.

(iii)

The term sealed seams means seams that have been covered by means of taping, gluing, bonding, cementing, fusing, welding, or a similar process so that water cannot pass through the seams when tested in accordance with the current version of AATCC Test Method 35.

(iv)

The term critically sealed seams means—

(A)

for jackets, sealed seams that are sealed at the front and back yokes, or at the shoulders, arm holes, or both, where applicable; and

(B)

for trousers, sealed seams that are sealed at the front (up to the zipper or other means of closure) and back rise.

(v)

The term insulation for cold weather protection means insulation with either synthetic fill, down, a laminated thermal backing, or other lining for thermal protection from cold weather.

(vi)

The term venting refers to closeable or permanent constructed openings in a garment (excluding front, primary zipper closures and grommet(s)) to allow increased expulsion of built-up heat during outdoor activities. In a jacket, such openings are often positioned on the underarm seam of a garment but may also be placed along other seams in the front or back of a garment. In trousers, such openings are often positioned on the inner or outer leg seams of a garment but may also be placed along other seams in the front or back of a garment.

(vii)

The term articulated elbows or knees refers to the construction of a sleeve (or pant leg) to allow improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets, or other means.

(viii)

The term reinforcement refers to the use of a double layer of fabric or section(s) of fabric that is abrasion-resistant or otherwise more durable than the face fabric of the garment.

(ix)

The term weatherproof closure means a closure (including, but not limited to, laminated or coated zippers, storm flaps, or other weatherproof construction) that has been reinforced or engineered in a manner to reduce the penetration or absorption of moisture or air through an opening in the garment.

(x)

The term multi-adjustable hood or adjustable collar means a draw cord, adjustment tab, or elastic incorporated into the hood or collar construction to allow volume adjustments around a helmet, the crown of the head, neck, or face.

(xi)

The terms adjustable powder skirt and inner protective skirt refer to a partial lower inner lining with means of tightening around the waist for additional protection from the elements.

(xii)

The term arm gusset means construction at the arm of a gusset that utilizes an extra fabric piece in the under arm usually diamond- or triangular-shaped, design, or pattern to allow radial arm movement.

(xiii)

The term radial arm movement refers to unrestricted, 180-degree range of motion for the arm while wearing performance outerwear.

(xiv)

The term odor control technology means an additive in a fabric or garment capable of adsorbing, absorbing, or reacting with human odors, or effective in reducing odor-causing bacteria, including but not limited to activated carbon, silver, copper, or any combination thereof.

(xv)

The term occupational outerwear means outerwear garments, including uniforms, designed or marketed for use in the workplace or at a worksite to provide durable protection from cold or inclement weather and/or workplace hazards, such as fire, electrical, abrasion, or chemical hazards, or impacts, cuts, punctures, or similar hazards.

3.

For purposes of this chapter, the importer of record shall certify upon entry whether garments claimed as recreational performance outerwear have an outer surface that is water-resistant, visibly coated, or a combination thereof, and shall further enumerate the specific features that make the garments eligible to be classified as recreational performance outerwear.

.

(b)

Tariff classifications

Chapter 61 of the Harmonized Tariff Schedule of the United States is amended as follows:

(1)

By striking subheading 6101.20.00 and inserting the following, with the article description for subheading 6101.20 having the same degree of indentation as the article description for subheading 6101.20.00 (as in effect on the day before the date of the enactment of this Act):

6101.20Of cotton:
6101.20.05Recreational performance outerwear15.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
50%
6101.20.10Other15.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
50%

.

(2)

By striking subheadings 6101.30.10 through 6101.30.20 and inserting the following, with the article description for subheading 6101.30.05 having the same degree of indentation as the article description for subheading 6101.30.10 (as in effect on the day before the date of the enactment of this Act):

6101.30.05Recreational performance outerwear28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
Other:
6101.30.10Containing 25 percent or more by weight of leather 5.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
5% (AU)
35%
6101.30.15Containing 23 percent or more by weight of wool or fine animal hair38.6¢/kg + 10%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
77.2¢/kg + 54.5%
6101.30.20Other28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%

.

(3)

By striking subheadings 6101.90.05 through 6101.90.90 and inserting the following, with the article description for subheading 6101.90.01 having the same degree of indentation as the article description for subheading 6101.90.05 (as in effect on the day before the date of the enactment of this Act):

6101.90.01Recreational performance outerwear5.7%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
5.1% (AU)
45%
Other:
6101.90.05Of wool or fine animal hair61.7¢/kg + 16%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
43.1¢/kg + 9.6% (OM)
77.2¢/kg + 54.5%
6101.90.10Containing 70 percent or more by weight of silk or silk waste0.9%Free (AU, BH, CA, CL, E, IL, J, JO, KR, MA, MX, OM, P, PE, SG)45%
6101.90.90Other5.7%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
5.1% (AU)
45%

.

(4)

By striking subheading 6102.10.00 and inserting the following, with the article description for subheading 6102.10 having the same degree of indentation as the article description for subheading 6102.10.00 (as in effect on the day before the date of the enactment of this Act):

6102.10Of wool or fine animal hair:
6102.10.05Recreational performance outerwear55.9¢/kg + 16.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
39.1¢/kg + 9.8% (OM)
68.3¢/kg + 54.5%
6102.10.10Other55.9¢/kg + 16.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
39.1¢/kg + 9.8% (OM)
68.3¢/kg + 54.5%

.

(5)

By striking subheading 6102.20.00 and inserting the following, with the article description for subheading 6102.20 having the same degree of indentation as the article description for subheading 6102.20.00 (as in effect on the day before the date of the enactment of this Act):

6102.20Of cotton:
6102.20.05Recreational performance outerwear15.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
50%
6102.20.10Other15.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
50%

.

(6)

By striking subheadings 6102.30.05 through 6102.30.20 and inserting the following, with the article description for subheading 6102.30.01 having the same degree of indentation as the article description for subheading 6102.30.05 (as in effect on the day before the date of the enactment of this Act):


6102.30.01Recreational performance outerwear28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
Other:
6102.30.05Containing 25 percent or more by weight of leather5.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
4.7% (AU)
35%
6102.30.10Containing 23 percent or more by weight of wool or fine animal hair64.4¢/kg + 18.8%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
68.3¢/kg + 54.5%
6102.30.20Other28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%

.

(7)

By striking subheadings 6102.90.10 and 6102.90.90 and inserting the following, with the article description for subheading 6102.90.05 having the same degree of indentation as the article description for subheading 6102.90.10 (as in effect on the day before the date of the enactment of this Act):

6102.90.05Recreational performance outerwear5.7%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
5.1% (AU)
45%
Other:
6102.90.10Containing 70 percent or more by weight of silk or silk waste0.9%Free (AU, BH, CA, CL, E, IL, J, JO, KR, MA, MX, OM, P, PE, SG)45%
6102.90.90Other5.7%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
5.1% (AU)
45%

.

(8)

By striking subheadings 6103.41.10 and 6103.41.20 and inserting the following, with the article description for subheading 6103.41.05 having the same degree of indentation as the article description for subheading 6103.41.10 (as in effect on the day before the date of the enactment of this Act):

6103.41.05 Recreational performance outerwear61.1¢/kg + 15.8%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
36.6¢/kg + 9.4% (OM)
77.2¢/kg + 54.5%
Other:
6103.41.10Trousers, breeches and shorts61.1¢/kg + 15.8%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
36.6¢/kg + 9.4% (OM)
77.2¢/kg + 54.5%
6103.41.20Bib and brace overalls13.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
8.1% (OM)
54.5%

.

(9)

By striking subheadings 6103.42.10 and 6103.42.20 and inserting the following, with the article description for subheading 6103.42.05 having the same degree of indentation as the article description for subheading 6103.42.10 (as in effect on the day before the date of the enactment of this Act):

6103.42.05Recreational performance outerwear16.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
45%
Other:
6103.42.10Trousers, breeches and shorts16.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
45%
6103.42.20Bib and brace overalls10.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(10)

By striking subheadings 6103.43.10 through 6103.43.20 and inserting the following, with the article description for subheading 6103.43.05 having the same degree of indentation as the article description for subheading 6103.43.10 (as in effect on the day before the date of the enactment of this Act):

6103.43.05Recreational performance outerwear 28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
Other:
Trousers, breeches and shorts:
6103.43.10Containing 23 percent or more by weight of wool or fine animal hair58.5¢/kg + 15.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
77.2¢/kg + 54.5%
6103.43.15Other28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
6103.43.20Bib and brace overalls14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%

.

(11)

By striking subheadings 6103.49 through 6103.49.80 and inserting the following, with the article description for subheading 6103.49 having the same degree of indentation as the article description for subheading 6103.49 (as in effect on the day before the date of the enactment of this Act):

6103.49Of other textile materials:
Of artificial fibers:
6103.49.05Recreational performance outerwear28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
Other:
6103.49.10Trousers, breeches and shorts28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
6103.49.20Bib and brace overalls13.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
6103.49.40Containing 70 percent or more by weight of silk or silk waste0.9%Free (AU, BH, CA, CL, E, IL, J, JO, KR, MA, MX, OM, P, PE, SG)35%
6103.49.80Other5.6%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
5% (AU)
35%

.

(12)

By striking subheading 6104.61.00 and inserting the following, with the article description for subheading 6104.61 having the same degree of indentation as the article description for subheading 6104.61.00 (as in effect on the day before the date of the enactment of this Act):

6104.61Of wool and fine animal hair:
6104.61.05Recreational performance outerwear14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
8.9% (OM)
54.5%
6104.61.10Other14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
8.9% (OM)
54.5%

.

(13)

By striking subheadings 6104.62.10 and 6104.62.20 and inserting the following, with the article description for subheading 6104.62.05 having the same degree of indentation as the article description for subheading 6104.62.10 (as in effect on the day before the date of the enactment of this Act):

6104.62.05Recreational performance outerwear14.9%Free (BH, CA, CL, JO, KR, IL, MA, MX, OM, P, PE, SG)
8% (AU)
90%
Other:
6104.62.10Bib and brace overalls10.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
6104.62.20Other14.9%Free (BH, CA, CL, JO, KR, IL, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(14)

By striking subheadings 6104.63.10 through 6104.63.20 and inserting the following, with the article description for subheading 6104.63.05 having the same degree of indentation as the article description for subheading 6104.63.10 (as in effect on the day before the date of the enactment of this Act):


6104.63.05Recreational performance outerwear28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
Other:
6104.63.10Bib and brace overalls14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
Other:
6104.63.15Containing 23 percent or more by weight of wool or fine animal hair14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
54.5%
6104.63.20Other28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%

.

(15)

By striking subheadings 6104.69 through 6104.69.80 and inserting the following, with the article description for subheading 6104.69 having the same degree of indentation as the article description for subheading 6104.69 (as in effect on the day before the date of the enactment of this Act):

6104.69Of other textile materials:
Of artificial fibers:
6104.69.05Recreational performance outerwear28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
Other:
6104.69.10Bib and brace overalls13.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
6104.69.20Trousers, breeches and shorts28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
6104.69.40Containing 70 percent or more by weight of silk or silk waste0.9%Free (AU, BH, CA, CL, E, IL, J, JO, KR, MA, MX, OM, P, PE, SG)60%
6104.69.80Other5.6%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
5% (AU)
60%

.

(16)

By striking subheadings 6112.20.10 and 6112.20.20 and inserting the following, with the article description for subheading 6112.20.05 having the same degree of indentation as the article description for subheading 6112.20.10 (as in effect on the day before the date of the enactment of this Act):

6112.20.05 Recreational performance outerwear28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
Other:
6112.20.10Of man-made fibers28.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
72%
6112.20.20Other8.3%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
7.4% (AU)
90%

.

(17)

By striking subheadings 6113.00.10 and 6113.00.90 and inserting the following, with the article description for subheading 6113.00.05 having the same degree of indentation as the article description for subheading 6113.00.10 (as in effect on the day before the date of the enactment of this Act):

6113.00.05Recreational performance outerwear7.1%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)65%
Other:
6113.00.10Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric3.8%Free (AU, BH, CA, CL, E, IL, JO, KR, MA, MX, OM, P, PE, SG)65%
6113.00.90Other7.1%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)65%

.

(18)

By striking subheading 6114.20.00 and inserting the following, with the article description for subheading 6114.20 having the same degree of indentation as the article description for subheading 6114.20.00 (as in effect on the day before the date of the enactment of this Act):

6114.20Of cotton:
6114.20.05Recreational performance outerwear10.8%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG)
8% (AU)
2.1% (OM) 8.6% (KR)
90%
6114.20.10Other10.8%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG)
8% (AU)
2.1% (OM) 8.6% (KR)
90%

.

(19)

By striking subheadings 6114.30.10 through 6114.30.30 and inserting the following, with the article description for subheading 6114.30.05 having the same degree of indentation as the article description for subheading 6114.30.10 (as in effect on the day before the date of the enactment of this Act):

6114.30.05Recreational performance outerwear28.2%Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG)
8% (AU)
25.3% (KR)
90%
Other:
6114.30.10Tops28.2%Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG)
8% (AU)
25.3% (KR)
90%
6114.30.20Bodysuits and bodyshirts32%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
6114.30.30Other14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(20)

By striking subheadings 6114.90.05 through 6114.90.90 and inserting the following, with the article description for subheading 6114.90.01 having the same degree of indentation as the article description for subheading 6114.90.05 (as in effect on the day before the date of the enactment of this Act):

6114.90.01Recreational performance outerwear 5.6%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
5% (AU)
60%
Other:
6114.90.05Of wool or fine animal hair12%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
7.2% (OM)
90%
6114.90.10Containing 70 percent or more by weight of silk or silk waste0.9%Free (AU, BH, CA, CL, E, IL, J, JO, KR, MA, MX, OM, P, PE, SG)60%
6114.90.90Other5.6%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
5% (AU)
60%

.

2.

Apparel articles and accessories of other materials, not knitted or crocheted

(a)

Notes

The Additional U.S. Notes to chapter 62 of the Harmonized Tariff Schedule of the United States are amended—

(1)

in Additional U.S. Note 2, by striking For purposes of subheadings and all that follows through 6211.20.15 and inserting For purposes of this chapter; and

(2)

by adding at the end the following new notes:

3. (a)
(1)

For purposes of this chapter, the term recreational performance outerwear means trousers (including, but not limited to, paddling pants, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls and bib overalls, and jackets (including, 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 composed of non-knit, non-crocheted fabrics of cotton, wool, hemp, bamboo, silk, or manmade fiber, or a combination of such fibers, that are water-resistant, visibly coated, or both, with critically sealed seams, and with 5 or more of the following options:

(i)

Insulation for cold weather protection.

(ii)

Pockets, at least one of which has a zippered, hook and loop, or other type of closure.

(iii)

Elastic, drawcord, or other means of tightening around the waist or leg hems, including hidden leg sleeves with a means of tightening at the ankle for trousers and tightening around the waist or bottom hem for jackets.

(iv)

Venting, not including grommet(s).

(v)

Articulated elbows or knees.

(vi)

Reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles, or cuffs.

(vii)

Weatherproof closure at the waist or front.

(viii)

Multi-adjustable hood or adjustable collar.

(ix)

Adjustable powder skirt, inner protective skirt, or adjustable inner protective cuff at sleeve hem.

(x)

Construction at the arm gusset that utilizes fabric, design, or patterning to allow radial arm movement.

(xi)

Odor control technology.

The term recreational performance outerwear does not include occupational outerwear.
(b)

For purposes of this Note, the following terms have the following meanings:

(i)

The term water-resistant means that a garment must have a water resistance (see ASTM designations D 3779–81 and D 7017) such that, under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes when tested in accordance with the current version of AATCC Test Method 35. The water resistance of the garment is the result of a rubber or plastics application to the outer shell, lining, or inner lining.

(ii)

The term visibly coated refers to fabric that is impregnated, coated, covered, or laminated with plastics, such as fabrics described in Note 2 to chapter 59.

(iii)

The term sealed seams means seams that have been covered by means of taping, gluing, bonding, cementing, fusing, welding, or a similar process so that water cannot pass through the seams when tested in accordance with the current version of AATCC Test Method 35.

(iv)

The term critically sealed seams means seams’ that are sealed—

(A)

for jackets, at the front and back yokes, or at the shoulders, arm holes, or both, where applicable; and

(B)

for trousers, at the front (up to the zipper or other means of closure) and back rise.

(v)

The term insulation for cold weather protection means insulation with either synthetic fill, down, a laminated thermal backing, or other lining for thermal protection from cold weather.

(vi)

The term venting refers to closeable or permanent constructed openings in a garment (excluding front, primary zipper closures and grommet(s)) to allow increased expulsion of built-up heat during outdoor activities. In a jacket, such openings are often positioned on the underarm seam of a garment but may also be placed along other seams in the front or back of a garment. In trousers, such openings are often positioned on the inner or outer leg seams of a garment but may also be placed along other seams in the front or back of a garment.

(vii)

The term articulated elbows or knees refers to the construction of a sleeve (or pant leg) to allow improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets, or other means.

(viii)

The term reinforcement refers to the use of a double layer of fabric or section(s) of fabric that is abrasion-resistant or otherwise more durable than the face fabric of the garment.

(ix)

The term weatherproof closure means a closure (including, but not limited to, laminated or coated zippers, storm flaps, or other weatherproof construction) that has been reinforced or engineered in a manner to reduce the penetration or absorption of moisture or air through an opening in the garment.

(x)

The term multi-adjustable hood or adjustable collar means a draw cord, adjustment tab, or elastic incorporated into the hood or collar construction to allow volume adjustments around a helmet, the crown of the head, neck, or face.

(xi)

The terms adjustable powder skirt and inner protective skirt refer to a partial lower inner lining with means of tightening around the waist for additional protection from the elements.

(xii)

The term arm gusset means construction at the arm of a gusset that utilizes an extra fabric piece in the under arm usually diamond- or triangular-shaped, design, or pattern to allow radial arm movement.

(xiii)

The term radial arm movement refers to unrestricted, 180-degree range of motion for the arm while wearing performance outerwear.

(xiv)

The term odor control technology means an additive in a fabric or garment capable of adsorbing, absorbing, or reacting with human odors, or effective in reducing odor-causing bacteria, including but not limited to activated carbon, silver, copper, or any combination thereof.

(xv)

The term occupational outerwear means outerwear garments, including uniforms, designed or marketed for use in the workplace or at a worksite to provide durable protection from cold or inclement weather and/or workplace hazards, such as fire, electrical, abrasion, or chemical hazards, or impacts, cuts, punctures, or similar hazards.

4.

For purposes of this chapter, the importer of record shall certify upon entry whether garments claimed as recreational performance outerwear have an outer surface that is water-resistant, visibly coated, or a combination thereof, and shall further enumerate the specific features that make the garments eligible to be classified as recreational performance outerwear.

.

(b)

Tariff classifications

Chapter 62 of the Harmonized Tariff Schedule of the United States is amended as follows:

(1)

By striking subheading 6201.11.00 and inserting the following, with the article description for subheading 6201.11 having the same degree of indentation as the article description for subheading 6201.11.00 (as in effect on the day before the date of the enactment of this Act):

6201.11 Of wool or fine animal hair:
6201.11.05Recreational performance outerwear41¢/kg + 16.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
24.6¢/kg + 9.7% (OM)
52.9¢/kg + 58.5%
6201.11.10Other41¢/kg + 16.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
24.6¢/kg + 9.7% (OM)
52.9¢/kg + 58.5%

.

(2)

By striking subheadings 6201.12.10 and 6201.12.20 and inserting the following, with the article description for subheading 6201.12.05 having the same degree of indentation as the article description for subheading 6201.12.10 (as in effect on the day before the date of the enactment of this Act):

6201.12.05Recreational performance outerwear4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6201.12.10Containing 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 weight of down 4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
6201.12.20Other9.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(3)

By striking subheadings 6201.13.10 through 6201.13.40 and inserting the following, with the article description for subheading 6201.13.05 having the same degree of indentation as the article description for subheading 6201.13.10 (as in effect on the day before the date of the enactment of this Act):

6201.13.05Recreational performance outerwear4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6201.13.10Containing 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 weight of down 4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6201.13.30Containing 36 percent or more by weight of wool or fine animal hair49.7¢/kg + 19.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
52.9¢/kg + 58.5%
6201.13.40Other27.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(4)

By striking subheadings 6201.19.10 and 6201.19.90 and inserting the following, with the article description for subheading 6201.19.05 having the same degree of indentation as the article description for subheading 6201.19.10 (as in effect on the day before the date of the enactment of this Act):

6201.19.05Recreational performance outerwear2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%
Other:
6201.19.10Containing 70 percent or more by weight of silk or silk waste Free35%
6201.19.90Other2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%

.

(5)

By striking subheadings 6201.91.10 and 6201.91.20 and inserting the following, with the article description for subheading 6201.91.05 having the same degree of indentation as the article description for subheading 6201.91.10 (as in effect on the day before the date of the enactment of this Act):

6201.91.05Recreational performance outerwear49.7¢/kg + 19.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
29.8¢/kg + 11.8% (OM)
52.9¢/kg + 58.5%
Other:
6201.91.10Padded, sleeveless jackets 8.5%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
7.6% (AU)
5.1% (OM)
58.5%
6201.91.20Other49.7¢/kg + 19.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
29.8¢/kg + 11.8% (OM)
52.9¢/kg + 58.5%

.

(6)

By striking subheadings 6201.92.10 through 6201.92.20 and inserting the following, with the article description for subheading 6201.92.05 having the same degree of indentation as the article description for subheading 6201.92.10 (as in effect on the day before the date of the enactment of this Act):

6201.92.05Recreational performance outerwear9.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
Other:
6201.92.10Containing 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 weight of down 4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6201.92.15Water resistant6.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
5.5% (AU)
37.5%
6201.92.20Other9.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(7)

By striking subheadings 6201.93.10 through 6201.93.35 and inserting the following, with the article description for subheading 6201.93.05 having the same degree of indentation as the article description for subheading 6201.93.10 (as in effect on the day before the date of the enactment of this Act):

6201.93.05Recreational performance outerwear7.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
Other:
6201.93.10Containing 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 weight of down 4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6201.93.20Padded, sleveless jackets14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
76%
Other:
6201.93.25Containing 36 percent or more by weght of wool or fine animal hair49.5¢/kg + 19.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
52.9¢/kg + 58.5%
Other:
6201.93.30Water resistant 7.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
6201.93.35Other27.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(8)

By striking subheadings 6201.99.10 and 6201.99.90 and inserting the following, with the article description for subheading 6201.99.05 having the same degree of indentation as the article description for subheading 6201.99.10 (as in effect on the day before the date of the enactment of this Act):

6201.99.05Recreational performance outerwear4.2%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.7% (AU)
35%
Other:
6201.99.10Containing 70 percent or more by weight of silk or silk wasteFree35%
6201.99.90Other4.2%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.7% (AU)
35%

.

(9)

By striking subheading 6202.11.00 and inserting the following, with the article description for subheading 6202.11 having the same degree of indentation as the article description for subheading 6202.11.00 (as in effect on the day before the date of the enactment of this Act):

6202.11Of wool or fine animal hair:
6202.11.05Recreational performance outerwear 41¢/kg + 16.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
24.6¢/kg + 9.7% (OM)
46.3¢/kg + 58.5%
6202.11.10Other41¢/kg + 16.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
24.6¢/kg + 9.7% (OM)
46.3¢/kg + 58.5%

.

(10)

By striking subheadings 6202.12.10 and 6202.12.20 and inserting the following, with the article description for subheading 6202.12.05 having the same degree of indentation as the article description for subheading 6202.12.10 (as in effect on the day before the date of the enactment of this Act):

6202.12.05Recreational performance outerwear8.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
Other:
6202.12.10Containing 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 weight of down 4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
6202.12.20Other8.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(11)

By striking subheadings 6202.13.10 through 6202.13.40 and inserting the following, with the article description for subheading 6202.13.05 having the same degree of indentation as the article description for subheading 6202.13.10 (as in effect on the day before the date of the enactment of this Act):

6202.13.05Recreational performance outerwear4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6202.13.10Containing 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 weight of down 4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6202.13.30Containing 36 percent or more by weight of wool or fine animal hair43.5¢/kg + 19.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
46.3¢/kg + 58.5%
6202.13.40Other27.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(12)

By striking subheadings 6202.19.10 and 6202.19.90 and inserting the following, with the article description for subheading 6202.19.05 having the same degree of indentation as the article description for subheading 6202.19.10 (as in effect on the day before the date of the enactment of this Act):

6202.19.05Recreational performance outerwear2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%
Other:
6202.19.10Containing 70 percent or more by weight or silk or silk wasteFree35%
6202.19.90Other2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%

.

(13)

By striking subheadings 6202.91.10 and 6202.91.20 and inserting the following, with the article description for subheading 6202.91.05 having the same degree of indentation as the article description for subheading 6202.91.10 (as in effect on the day before the date of the enactment of this Act):

6202.91.05Recreational performance outerwear36¢/kg + 16.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
21.6¢/kg + 9.7% (OM)
46.3¢/kg + 58.5%
Other:
6202.91.10Padded, sleeveless jackets 14%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
8.4% (OM)
58.5%
6202.91.20Other36¢/kg + 16.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
21.6¢/kg + 9.7% (OM)
46.3¢/kg + 58.5%

.

(14)

By striking subheadings 6202.92.10 through 6202.92.20 and inserting the following, with the article description for subheading 6202.92.05 having the same degree of indentation as the article description for subheading 6202.92.10 (as in effect on the day before the date of the enactment of this Act):

6202.92.05Recreational performance outerwear6.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
5.5% (AU)
37.5%
Other:
6202.92.10Containing 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 weight of down 4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6202.92.15Water resistant6.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
5.5% (AU)
37.5%
6202.92.20Other8.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(15)

By striking subheadings 6202.93.10 through 6202.93.50 and inserting the following, with the article description for subheading 6202.93.05 having the same degree of indentation as the article description for subheading 6202.93.10 (as in effect on the day before the date of the enactment of this Act):


6202.93.05Recreational performance outerwear7.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
Other:
6202.93.10Containing 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 weight of down4.4%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
3.9% (AU)
60%
Other:
6202.93.20Padded, sleeveless jackets14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
76%
Other:
6202.93.40Containing 36 percent or more by weight of wool or fine animal hair43.4¢/kg + 19.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
46.3¢/kg + 58.5%
Other:
6202.93.45Water resistant 7.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
6202.93.50Other27.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(16)

By striking subheadings 6202.99.10 and 6202.99.90 and inserting the following, with the article description for subheading 6202.99.05 having the same degree of indentation as the article description for subheading 6202.99.10 (as in effect on the day before the date of the enactment of this Act):

6202.99.05Recreational performance outerwear2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%
Other:
6202.99.10Containing 70 percent or more by weight or silk or silk wasteFree35%
6202.99.90Other2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%

.

(17)

By striking subheadings 6203.41 and 6203.41.05 and inserting the following, with the article description for subheadings 6203.41 having the same degree of indentation as the article description for subheading 6203.41 (as in effect on the day before the date of the enactment of this Act):

6203.41Of wool or fine animal hair:
6203.41.05Recreational performance outerwear7.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
6.8% (AU)
4.5% (OM)
52.9¢/kg + 58.5%
Trousers, breeches, and shorts:
6203.41.10Trousers, breeches, or shorts containing elastomeric fiber, water resistant, without beltloops, weighing more than 9 kg per dozen7.6% Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
6.8% (AU)
4.5% (OM)
52.9¢/kg + 58.5%

.

(18)

By striking subheadings 6203.42.10 through 6203.42.40 and inserting the following, with the article description for subheading 6203.42.05 having the same degree of indentation as the article description for subheading 6203.42.10 (as in effect on the day before the date of the enactment of this Act):

6203.42.05Recreational performance outerwear16.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
Other:
6203.42.10Containing 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 weight of down Free60%
Other:
6203.42.20Bib and brace overalls10.3%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
6203.42.40Other16.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(19)

By striking subheadings 6203.43.10 through 6203.43.40 and inserting the following, with the article description for subheading 6203.43.05 having the same degree of indentation as the article description for subheading 6203.43.10 (as in effect on the day before the date of the enactment of this Act):

6203.43.05Recreational performance outerwear7.1%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG)
6.3% (AU)
5.6% (KR)
65%
Other:
6203.43.10Containing 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 weight of down Free60%
Other:
Bib and brace overalls:
6203.43.15Water resistant 7.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
6203.43.20Other14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
76%
Other:
6203.43.25Certified hand-loomed and folklore products 12.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
76%
Other:
6203.43.30Containing 36 percent or more by weight of wool or fine animal hair49.6¢/kg + 19.7%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
52.9¢/kg + 58.5%
Other:
6203.43.35Water resistant trousers or breeches7.1%Free (BH, CA, CL, IL, JO, MA, MX, P, PE, SG)
6.3% (AU)
5.6% (KR)
65%
6203.43.40Other27.9%Free (BH, CA, CL, IL, JO, MA, MX, OM, P, PE, SG)
8% (AU)
22.3% (KR)
90%

.

(20)

By striking subheadings 6203.49 through 6203.49.80 and inserting the following, with the article description for subheading 6203.49 having the same degree of indentation as the article description for subheading 6203.49 (as in effect on the day before the date of the enactment of this Act):


6203.49Of other textile materials:
6203.49.05Recreational performance outerwear27.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
Other:
Of artificial fibers:
6203.49.10Bib and brace overalls8.5%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
7.6% (AU)
76%
Trousers, breeches and shorts:
6203.49.15Certified hand-loomed and folklore products 12.2%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
76%
6203.49.20Other27.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
6203.49.40Containing 70 percent or more by weight of silk or silk wasteFree35%
6203.49.80Other2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%

.

(21)

By striking subheadings 6204.61.10 and 6204.61.90 and inserting the following, with the article description for subheading 6204.61.05 having the same degree of indentation as the article description for subheading 6204.61.10 (as in effect on the day before the date of the enactment of this Act):

6204.61.05Recreational performance outerwear13.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8.1% (OM)
8% (AU)
58.5%
Other:
6204.61.10Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 6 kg per dozen7.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
4.5% (OM)
6.8% (AU)
58.5%
6204.61.90Other13.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8.1% (OM)
8% (AU)
58.5%

.

(22)

By striking subheadings 6204.62.10 through 6204.62.40 and inserting the following, with the article description for subheading 6204.62.05 having the same degree of indentation as the article description for subheading 6204.62.10 (as in effect on the day before the date of the enactment of this Act):

6204.62.05Recreational performance outerwear16.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
Other:
6204.62.10Containing 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 weight of down Free60%
Other:
6204.62.20Bib and brace overalls8.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
Other:
6204.62.30Certified hand-loomed and folklore products 7.1%Free (BH, CA, CL, E, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
37.5%
6204.62.40Other16.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(23)

By striking subheadings 6204.63.10 through 6204.63.35 and inserting the following, with the article description for subheading 6204.63.05 having the same degree of indentation as the article description for subheading 6204.63.10 (as in effect on the day before the date of the enactment of this Act):

6204.63.05Recreational performance outerwear7.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
Other:
6204.63.10Containing 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 weight of down Free60%
Other:
Bib and brace overalls:
6204.63.12Water resistant7.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
6204.63.15Other14.9%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
76%
Other:
6204.63.20Certified hand-loomed and folklore products11.3%Free (BH, CA, CL, E, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
76%
Other:
6204.63.25Containing 36 percent or more by weight of wool or fine animal hair13.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
58.5%
Other:
6204.63.30Water resistant trousers or breeches 7.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
6204.63.35Other28.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%

.

(24)

By striking subheadings 6204.69 through 6204.69.90 and inserting the following, with the article description for subheading 6204.69 having the same degree of indentation as the article description for subheading 6204.69 (as in effect on the day before the date of the enactment of this Act):

6204.69Of other textile materials:
6204.69.05Recreational performance outerwear2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%
Other:
Of artificial fibers:
6204.69.10Bib and brace overalls13.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
76%
Trousers, breeches and shorts:
6204.69.20Containing 36 percent or more by weight of wool or fine animal hair13.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
58.5%
6204.69.25Other28.6%Free (BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)
8% (AU)
90%
Of silk or silk waste:
6204.69.40Containing 70 percent or more by weight of silk waste1.1%Free (AU, BH, CA, CL, E, IL, J, JO, KR, MA, MX, OM, P, PE, SG)65%
6204.69.60Other7.1%Free (BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)
6.3% (AU)
65%
6204.69.90Other2.8%Free (AU, BH, CA, CL, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)35%

.

(25)

By striking subheadings 6210.40.30 and 6210.40.50 and inserting the following, with the article description for subheading 6210.40.05 having the same degree of indentation as the article description for subheading 6210.40.30 (as in effect on the day before the date of the enactment of this Act):

6210.40.05Recreational performance outerwear7.1%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)65%
6210.40.30Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric3.8%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)65%
6210.40.50 Other 7.1%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)65%

.

(26)

By striking subheadings 6210.50.30 and 6210.50.50 and inserting the following, with the article description for subheading 6210.50.05 having the same degree of indentation as the article description for subheading 6210.50.30 (as in effect on the day before the date of the enactment of this Act):

6210.50.05 Recreational performance outerwear7.1%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)65%
6210.50.30 Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric3.8%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)65%
6210.50.50 Other 7.1%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, OM, P, PE, SG)65%

.

(27)

By striking subheading 6211.32.00 and inserting the following, with the article description for subheading 6211.32 having the same degree of indentation as the article description for subheading 6211.32.00 (as in effect on the day before the date of the enactment of this Act):

6211.32Of cotton:
6211.32.05Recreational performance outerwear8.1%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
1.6% (OM)
90%
6211.32.10Other 8.1%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
1.6% (OM)
90%

.

(28)

By striking subheading 6211.33.00 and inserting the following, with the article description for subheading 6211.33 having the same degree of indentation as the article description for subheading 6211.33.00 (as in effect on the day before the date of the enactment of this Act):


6211.33Of man-made fibers:
6211.33.05Recreational performance outerwear16%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
11.2% (OM)
76%
6211.33.10 Other 16% Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
11.2% (OM)
76%

.

(29)

By striking subheadings 6211.39 and 6211.39.05 and inserting the following, with the article description for subheading 6211.39 having the same degree of indentation as the article description for subheading 6211.39 (as in effect on the day before the date of the enactment of this Act):

6211.39Of other textile materials:
6211.39.04Recreational performance outerwear12%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
7.2% (OM)
58.5%
6211.39.08Of wool or fine animal hair12%Free (AU, BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
7.2% (OM)
58.5%

.

(30)

By striking subheading 6211.41.00 and inserting the following, with the article description for subheading 6211.41 having the same degree of indentation as the article description for subheading 6211.41.00 (as in effect on the day before the date of the enactment of this Act):


6211.41Of wool or fine animal hair:
6211.41.05Recreational performance outerwear12%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
8.4% (OM)
58.5%
6211.41.10Other12%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
8.4% (OM)
58.5%

.

(31)

By striking subheading 6211.42.00 and inserting the following, with the article description for subheading 6211.42 having the same degree of indentation as the article description for subheading 6211.42.00 (as in effect on the day before the date of the enactment of this Act):

6211.42Of cotton:
6211.42.05Recreational performance outerwear8.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
1.6% (OM)
7.2% (AU)
90%
6211.42.10Other8.1%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
1.6% (OM)
7.2% (AU)
90%

.

(32)

By striking subheading 6211.43.00 and inserting the following, with the article description for subheading 6211.43 having the same degree of indentation as the article description for subheading 6211.43.00 (as in effect on the day before the date of the enactment of this Act):


6211.43Of man-made fibers:
6211.43.05Recreational performance outerwear16%Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
9.6% (OM)
90%
6211.43.10Other16% Free (BH, CA, CL, IL, JO, KR, MA, MX, P, PE, SG)
8% (AU)
9.6% (OM)
90%

.

(33)

By striking subheadings 6211.49.10 and 6211.49.90 and inserting the following, with the article description for subheading 6211.49.05 having the same degree of indentation as the article description for subheading 6211.49.10 (as in effect on the day before the date of the enactment of this Act):

6211.49.05Recreational performance outerwear7.3%Free (BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG)
6.5% (AU)
5.8% (KR)
35%
Other:
6211.49.10Containing 70 percent or more by weight or silk or silk waste 1.2%Free (AU, BH, CA, CL, E, IL, J, JO, KR, MA, MX, OM, P, PE, SG)35%
6211.49.90Other7.3%Free (BH, CA, CL, E, IL, J, JO, MA, MX, OM, P, PE, SG)
6.5% (AU)
5.8% (KR)
35%

.

3.

Rule of construction with respect to presidential proclamation authority

The amendments made to the Harmonized Tariff Schedule of the United States by this Act shall not be construed to limit the authority of the President to modify the duty applicable under the Harmonized Tariff Schedule to articles imported from any country with which the United States has a free trade agreement in effect.

4.

Effective date

This Act and the amendments made by this Act shall—

(1)

take effect on the 15th day after the date of the enactment of this Act; and

(2)

apply to articles entered, or withdrawn from warehouse for consumption, on or after that day.