Sec. 912. TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE OUTERWEAR
1,433 words·~7 min read·
/statute-compilations/comps-12452/sec-912A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 912 TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE OUTERWEAR ###
(a)Repeal Section 601 of the Trade Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat. 387) is repealed, and any provision of law amended by such section is restored as if such section had not been enacted into law. ###
(b)Amendments to Additional U.S. 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— #####
(A)by striking “For the purposes of subheadings” and all that follows through “6211.20.15” and inserting “For the purposes of subheadings 6201.92.17, 6201.92.35, 6201.93.47, 6201.93.60, 6202.92.05, 6202.92.30, 6202.93.07, 6202.93.48, 6203.41.01, 6203.41.25, 6203.43.03, 6203.43.11, 6203.43.55, 6203.43.75, 6204.61.05, 6204.61.60, 6204.63.02, 6204.63.09, 6204.63.55, 6204.63.75 and 6211.20.15”; #####
(B)by striking “(see ASTM designations D 3600-81 and D 3781-79)” and inserting “(see current version of ASTM D7017)”; and #####
(C)by striking “in accordance with AATCC Test Method 35-1985.” and inserting “in accordance with the current version of AATCC Test Method 35.”; and ####
(2)by adding at the end the following new note: > “3.
(a)When used in a subheading of this chapter or immediate superior text thereto, the term ‘recreational performance outerwear’ means trousers (including, but not limited to, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls, bib and brace overalls, jackets (including, but not limited to, full zip jackets, ski jackets and ski jackets intended for sale as parts of ski-suits), windbreakers and similar articles (including padded, sleeveless jackets), the foregoing of fabrics of cotton, wool, hemp, bamboo, silk or manmade fibers, or a combination of such fibers; that are either water resistant within the meaning of additional U.S. note 2 to this chapter or treated with plastics, or both; with critically sealed seams, and with 5 or more of the following features (as further provided herein): > > > ###### “(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, draw cord 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; or > > > ###### “(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 ‘treated with plastics’ refers to textile fabrics impregnated, coated, covered or laminated with plastics, as described in note 2 to chapter 59. > > > ### “(ii) > > 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 air and water cannot pass through the seams when tested in accordance with the current version of AATCC Test Method 35. > > > ### “(iii) > > The term ‘critically sealed seams’ means— > > > ##### “(A) > > for jackets, windbreakers and similar articles (including padded, sleeveless 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, overalls and bib and brace overalls and similar articles, sealed seams that are sealed at the front (up to the zipper or other means of closure) and back rise. > > > ###### “(iv) > > The term ‘insulation for cold weather protection’ means insulation that meets a minimum clo value of 1.5 per ASTM F 2732. > > > ###### “(v) > > 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. > > > ###### “(vi) > > 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. > > > ###### “(vii) > > 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. > > > ###### “(viii) > > 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. > > > ###### “(ix) > > The term ‘multi-adjustable hood or adjustable collar’ means, in the case of a hood, a hood into which is incorporated two or more draw cords, adjustment tabs or elastics, or, in the case of a collar, a collar into which is incorporated at least one draw cord, adjustment tab, elastic or similar component, to allow volume adjustments around a helmet, or the crown of the head, neck or face. > > > ###### “(x) > > 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. > > > ###### “(xi) > > The term ‘arm gusset’ means construction at the arm of a gusset that utilizes an extra fabric piece in the underarm, usually diamond- or triangular-shaped, designed or patterned to allow radial arm movement. > > > ###### “(xii) > > The term ‘radial arm movement’ refers to unrestricted, 180-degree range of motion for the arm while wearing performance outerwear. > > > ###### “(xiii) > > The term ‘odor control technology’ means the incorporation into a fabric or garment of materials, including, but not limited to, activated carbon, silver, copper or any combination thereof, capable of adsorbing, absorbing or reacting with human odors, or effective in reducing the growth of odor-causing bacteria. > > > ###### “(xiv) > > The term ‘occupational outerwear’ means outerwear garments, including uniforms, of a kind principally used in the work place and specially designed to provide protection from work place hazards such as fire, electrical, abrasion or chemical hazards, or impacts, cuts and punctures. > > > ### “(c) > > The importer of goods entered as ‘recreational performance outerwear’ under a particular subheading of this chapter shall maintain records demonstrating that the entered goods meet the terms of this note, including such information as is necessary to demonstrate the presence of the specific features that render the goods eligible for classification as ‘recreational performance outerwear’.” > . ###
(c)Tariff Classifications [Relates to Harmonized Tariff Schedule of the United States. See original law.] ###
(d)Effective Date ####
(1)In general Except as provided in paragraph (2), this section and the amendments made by this section— #####
(A)shall take effect on the 180th day after the date of the enactment of this Act; and #####
(B)shall apply to articles entered, or withdrawn from warehouse for consumption, on or after such 180th day. ####
(2)Subsection
(a)Subsection
(a)shall take effect on the date of the enactment of this Act.
Connectionstraces to 1
Traces to 1 document
public-private-law
1 reference not yet in our index
- 129 Stat. 387
Citation graph
cites case law
Sec. 912
TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE OUTERWEAR
Stat.129 Stat. 387
Cites 2Cited by 0 across 0 sources