Text: H.R.4496 — 101st Congress (1989-1990)All Information (Except Text)

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HR 4496 SC
101st CONGRESS
2d Session
 H. R. 4496
To provide for orderly imports of textiles, apparel, and footwear.
IN THE HOUSE OF REPRESENTATIVES
April 4, 1990
Mrs. LLOYD (for herself, Mr. HORTON, Mr. COBLE, Mr. HALL of Texas,
Mr. CARPER, Mr. LEVIN of Michigan, Mr. LAUGHLIN, Mr. SCHEUER, Mr. REGULA,
Mr. RIDGE, Mr. RINALDO, Mr. RITTER, Mr. ROBINSON, Mr. ROE, Mr. ROGERS,
Mr. ROSE, Mrs. ROUKEMA, Mr. ROWLAND of Georgia, Mr. RUSSO, Mr. SABO,
Mr. SANGMEISTER, Mr. SARPALIUS, Ms. SCHNEIDER, Mr. SCHUETTE, Mr. SHUSTER,
Mr. SISISKY, Mr. SKEEN, Mr. SKELTON, Mr. SMITH of New Jersey, Mr. SMITH
of Florida, Ms. SNOWE, Mr. SOLOMON, Mr. SPENCE, Mr. SPRATT, Mr. STAGGERS,
Mr. STENHOLM, Mr. STOKES, Mr. STUDDS, Mr. TALLON, Mr. TANNER, Mr. TAUZIN,
Mr. TAYLOR, Mr. THOMAS of Georgia, Mr. TORRES, Mr. TORRICELLI, Mr. TOWNS,
Mr. TRAFICANT, Mr. VALENTINE, Mr. MCCLOSKEY, Mr. MCMILLAN of North Carolina,
Mr. MCMILLEN of Maryland, Mr. MACHTLEY, Mr. MANTON, Mr. MARKEY, Mr. MARTIN
of New York, Mr. MAVROULES, Mr. MFUME, Mr. MILLER of Ohio, Mr. MOAKLEY,
Mr. MOLLOHAN, Mr. MONTGOMERY, Mr. MORRISON of Connecticut, Mr. MURPHY,
Mr. MURTHA, Mr. NAGLE, Mr. NATCHER, Mr. NEAL of North Carolina, Mr. NOWAK,
Mr. MRAZEK, Ms. OAKAR, Mr. OBERSTAR, Mr. OLIN, Mr. ORTIZ, Mr. OWENS of New
York, Mr. PARKER, Mr. PARRIS, Mr. PASHAYAN, Mrs. PATTERSON, Mr. PAYNE of
New Jersey, Mr. PAYNE of Virginia, Mr. PERKINS, Mr. PICKETT, Mr. POSHARD,
Mr. PRICE, Mr. QUILLEN, Mr. RAHALL, Mr. RAVENEL, Mr. RAY, Mr. ACKERMAN,
Mr. ALEXANDER, Mr. ANDREWS, Mr. ANTHONY, Mr. APPLEGATE, Mr. ASPIN,
Mr. BALLENGER, Mr. BARNARD, Mrs. BENTLEY, Mr. BEVILL, Mr. BILBRAY,
Mr. BOEHLERT, Mrs. BOGGS, Mr. CLEMENT, Mr. BONIOR, Mr. BORSKI, Mr. BOUCHER,
Mr. BRENNAN, Mr. BROWDER, Mr. BUSTAMANTE, Mr. BRUCE, Mr. BRYANT, Mrs. BYRON,
Mr. CALLAHAN, Mr. CHAPMAN, Mr. CLARKE, Mr. CLAY, Mr. TRAXLER, Mr. COLEMAN of
Texas, Mrs. COLLINS, Mr. COMBEST, Mr. CONTE, Mr. COOPER, Mr. COYNE, Mr. DARDEN,
Mr. DAVIS, Mr. DELLUMS, Mr. DERRICK, Mr. DICKINSON, Mr. DONNELLY, Mr. DUNCAN,
Mr. DWYER of New Jersey, Mr. DYMALLY, Mr. DYSON, Mr. EMERSON, Mr. ERDREICH,
Mr. ESPY, Mr. EVANS, Mr. FASCELL, Mr. FAZIO, Mr. FLIPPO, Mr. FORD of Tennessee,
Mr. FRANK, Mr. FROST, Mr. GAYDOS, Mr. GEPHARDT, Mr. GILMAN, Mr. GINGRICH,
Mr. GOODLING, Mr. GORDON, Mr. GRANT, Mr. HAMMERSCHMIDT, Mr. HARRIS,
Mr. HATCHER, Mr. HAYES of Illinois, Mr. HAYES of Louisiana, Mr. HEFNER,
Mr. HERTEL, Mr. HOCHBRUECKNER, Mr. HOLLOWAY, Mr. HOYER, Mr. HUBBARD,
Mr. HUCKABY, Mr. HUGHES, Mr. VOLKMER, Mr. WALGREN, Mr. WATKINS, Mr. WEISS,
Mr. WELDON, Mr. WHITTEN, Mr. WILLIAMS, Mr. WILSON, Mr. WISE, Mr. YATRON,
Mr. YOUNG of Alaska, Mr. JENKINS, Mr. JONES of Georgia, Mr. JONES of North
Carolina, Mr. JONTZ, Mr. KANJORSKI, Ms. KAPTUR, Mr. KENNEDY, Mr. KILDEE,
Mr. KOLTER, Mr. LANCASTER, Mr. LEATH of Texas, Mr. LEHMAN of California,
Mr. LEWIS of Georgia, Mr. LIPINSKI, Ms. LONG, Mr. THOMAS A. LUKEN, Mr. HUNTER,
Mr. HUTTO, Mr. SLAUGHTER of Virginia, Mr. COSTELLO, Mr. FLAKE, Mr. GEREN,
Mr. GRAY, Mr. SERRANO, Mr. GUARINI, and Mr. LEHMAN of Florida) introduced
the following bill; which was referred to the Committee on Ways and Means
June 25, 1990
Additional sponsors: Mr. PALLONE, Mr. MCNULTY, Mr. SMITH of New Hampshire,
Mr. EDWARDS of California, Mr. ENGEL, Mr. FORD of Michigan, Mr. FOGLIETTA,
Mr. ATKINS, Mr. BROWN of California, Mr. ANNUNZIO, Mr. RANGEL, Mr. CARDIN,
Mr. VENTO, Mr. HAWKINS, Mr. MCDADE, Mr. FEIGHAN, Mr. CLINGER, Mr. KASTENMEIER,
Mr. WHEAT, Mr. LANTOS, Mr. SIKORSKI, Mrs. LOWEY of New York, Mr. GONZALEZ,
Mr. YATES, Mr. NEAL of Massachusetts, Mr. DURBIN, Mr. GEJDENSON, Mr. CARR,
Mr. SMITH of Vermont, Mr. RICHARDSON, Mr. BATES, Mr. ECKART, Mr. CONYERS,
Mr. HALL of Ohio, Mr. WOLPE, Mr. FISH, Mr. KOSTMAYER, Mr. WASHINGTON,
Mr. MARTINEZ, Mr. DINGELL, and Mr. Walsh
Deleted sponsor: Mr. SCHUETTE (added April 4, 1990; deleted June 20, 1990)
A BILL
To provide for orderly imports of textiles, apparel, and footwear.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled, That this Act may be cited as the
  `Textile, Apparel, and Footwear Trade Act of 1990'.
SEC. 2. POLICY.
  The policy of this Act is to--
  (1) relate the growth of textile and clothing imports to the growth of the
  domestic market in order to prevent further disruption of the United States
  textiles and textile products markets, damage to United States textile and
  clothing manufacturers, and loss of job opportunities for United States
  textile and clothing workers; and
  (2) maintain a viable United States nonrubber footwear industry by preventing
  further damage to United States nonrubber footwear manufacturer, and loss
  of job opportunities for United States nonrubber footwear workers.
SEC. 3. FINDINGS AND DETERMINATIONS.
  (a) FINDING- The Congress finds that--
  (1) with respect to textiles and textile products--
  (A) the current level of imports of textiles and textile products from
  all sources, more than 165 countries, reached nearly 12.1 billion square
  meter equivalents in 1989, an increase of 13 percent over 1988 imports;
  this level of imports is three times the level of imports in 1980, a rate
  of increase that was not foreseen when the United States granted trade
  concessions benefiting foreign suppliers of textiles and textile products,
  and represents over 1.4 million job opportunities lost to United States
  textile, apparel, and fiber workers;
  (B) imported textiles and textile products contain five million bales
  of cotton which is equivalent to 40 percent of annual cotton production
  in the United States; eight out of every ten bales of cotton contained
  in imported textiles and clothing are foreign grown cotton; sustained
  massive increases in imports of cotton textile and clothing products are
  causing a declining market share for domestic cotton producers, depressed
  prices, and an average annual market revenue loss of over $1,000,000,000;
  another result is that a market development program voluntarily funded by
  United States cotton producers actually benefits foreign growers; finally,
  as imports of textiles and clothing increase, domestic cotton acreage
  is shifted to produce other agricultural products which are already in
  oversupply thereby adding to the problems of United States argiculture;
  (C) imports of textiles and textile products made of wool have nearly
  doubled since 1980, creating major disruptions among domestic wool products
  producers of United States produced raw wool; because import penetration
  in the domestic wool textile and clothing market is nearly 70 percent, it
  is critical that action be taken to halt further erosion of the domestic
  industry's market share;
  (D) imports of textiles and textile products made of manmade fiber and
  competing fibers, other than cotton or wool, have more than doubled since
  1980 resulting in substantial reductions in domestic manmade fiber production
  capacity and job losses;
  (E) the textile and clothing trade deficit of the United States exceeded
  $26,000,000,000 in 1989, an increase of 8 percent over 1988, and accounted
  for 21 percent of the Nation's overall merchandise trade deficit;
  (F) import growth of clothing and clothing fabrics has averaged 10 percent
  annually since 1973; over the same period, the domestic market for clothing
  and clothing fabrics has grown only one percent annually, the result
  is that import penetration in the domestic clothing and clothing fabric
  market has more than doubled in the last ten years, reaching a level of
  58 percent in 1989;
  (G) as a result of this increased penetration and the very limited growth
  of the domestic market, the United States companies producing textiles
  and textile products competitive with those imported have been seriously
  damaged, many of them have been forced out of business, have closed plants
  or curtailed operations, workers in such companies have lost employment
  and have been otherwise materially and adversely affected, and serious
  hardship has been inflicted on hundreds of impacted communities causing
  a substantial reduction in economic activity and lost revenues to the
  Federal and local governments;
  (H) the factors described above are causing serious damage, or the actual
  threat thereof, to domestic producers of textiles and textile products; as a
  result, market disruption exists in the United States requiring new measures;
  (I) unless the import growth rate of textiles and textile products is
  slowed to the long term rate of growth of the United States market, plant
  closings and job losses will continue to accelerate, leaving the United
  States with reduced competition benefiting domestic consumers and leaving
  the Nation in a less competitive international position;
  (J) a strong, viable, and efficient domestic textiles and textile products
  industry is essential in order to avoid impairment of the national security
  of the United States; and
  (K) actions taken by the United States under the Arrangement Regarding
  International Trade in Textiles of December 20, 1973, as extended (commonly
  referred to as the `Multi Fiber Arrangement' or `MFA') have failed to
  avoid disruptive effects in the textiles and textile products markets in
  the United States; and
  (2) with respect to nonrubber footwear--
  (A) nonrubber footwear imports in 1988 reached a level of eight hundred
  and sixty million pairs; this volume of imports is 2.25 times that of 1981,
  the year that import relief for the nonrubber footwear industry terminated,
  and is 2.1 percent above 1985 levels, the year in which the International
  Trade Commission issued its third finding that the domestic nonrubber
  footwear industry has been seriously injured by increased imports;
  (B) since 1981, import growth of nonrubber footwear has averaged more than
  11 percent per year, gaining market share at the expense of the domestic
  industry; in 1981, import penetration of the domestic nonrubber footwear
  market was 51 percent; by 1989, import penetration reached 80 percent;
  (C) as a direct result of imports, domestic nonrubber footwear production
  has declined, reaching two hundred and twenty-six million pairs in 1989,
  a production level matched only during the Great Depression in the 1930's;
  (D) domestic nonrubber footwear employment has declined significantly
  since 1981 and is down 45 percent for 1981 levels and 19.3 percent from
  1985 levels; and
  (E) domestic nonrubber footwear production facilities are closing at an
  alarming rate, with over four hundred and eight factory closings since 1981,
  of which 21 closings occurred in 1989 alone.
  (b) DETERMINATIONS- Congress determines that, for the foregoing reasons--
  (1) textiles and textile products are being imported into the United
  States in such increased quantities and under such conditions as to cause
  or threaten serious injury to producers of textiles and textile products
  in the United States, and
  (2) nonrubber footwear is being imported into the United States in such
  increased quantities and under such conditions as to cause or threaten
  serious injury to producers of nonrubber footwear in the United States,
within the meaning of article XIX of the General Agreement on Tariffs
and Trade.
SEC. 4. LIMITS ON IMPORTS
  (a) CALENDAR YEAR 1990- Notwithstanding any other provision of law--
  (1) the aggregate quantity of textiles and textile products, from all
  countries, classified under a category that is entered during calendar
  year 1990 shall not exceed an amount equal to 101 percent of the aggregate
  quantity of such products classified under such category, from all countries,
  that entered during calendar year 1989, and
  (2) the aggregate quantity of nonrubber footwear, from all countries,
  classified under a nonrubber footwear category that is entered during
  calendar year 1990, and during each calendar year thereafter, shall not
  exceed an amount equal to--
  (A) the aggregate quantity of nonrubber footwear classified under such
  category, from all countries, that entered during calendar year 1989, and
  (B) in the case of high priced nonrubber footwear notwithstanding
  subparagraph (A), the aggregate quantity of high priced nonrubber footwear
  classified under such category, from all countries, that entered during
  calendar year 1989.
  (b) GROWTH ADJUSTMENT- For calendar years after 1990, the aggregate quantity
  of textiles and textile products, from all countries, classified under
  each category that may be entered during each such calendar year shall
  be increased by an amount equal to 1 percent of the aggregate quantity
  that could be entered under such category during the preceding calendar
  year. If the aggregate quantity that could be entered under a category
  for a calendar year after 1990 is reduced under section 10(b), then in the
  first calendar year in which there is no such reduction, this subsection
  shall be applied as if there has been no reduction under section 10(b)
  in previous calendar years.
  (c) EXCEPTIONS-
  (1) The limitations in this Act on the aggregate quantity of articles of
  textiles and textile products that may be entered during any calendar year
  do not apply to articles of that kind that are the product of any insular
  possession of the United States if the articles are--
  (A) exempt from duty under general headnote 3(a)(iv) of the Harmonized
  Tariff Schedule of the United States; and
  (B) manufactured or produced in such possession by individuals who are
  either--
  (i) United States citizens;
  (ii) United States nationals; or
  (iii) permanent residents of such possession in accordance with its laws.
  (2) Notwithstanding any other provision of law, the aggregate quantity of
  sweaters that are--
  (A) made of cotton, wool, or manmade fibers; and
  (B) assembled in Guam from otherwise completed knit-to-shape component parts;
and that may be entered--
  (i) during calendar year 1990, may not exceed one hundred and sixty-eight
  thousand one hundred and sixty-two dozen; and
  (ii) during any calendar year after 1990, may not exceed the aggregate
  quantity that is authorized to be entered under this paragraph during the
  preceding calendar year, increased by 1 percent.
  (3) The limitations in this Act on the aggregate quantity of textiles
  and textile products that may be entered during any calendar year do not
  apply to articles that are the products of Canada or Israel. In the case
  of Canada, such articles are textiles and textile products in Canada in
  accordance with the rules of origin in the United States-Canada Free-Trade
  Agreement. In the case of Israel, such articles are textiles produced
  in Israel and textile products assembled in Israel from fabric or yarn
  produced in the United States or Israel.
  (4) The amount of textiles and textile products classified under each
  category entered during calendar year 1990, and during each calendar year
  therafter, from beneficiary countries under the Caribbean Basin Initiative
  shall equal the quantity of such products of such countries classified under
  such category that entered in 1989 and any increases that the President
  shall negotiate or allocate within the limits of section 4(a)(1).
  (d) ENFORCEMENT- The Secretary of Commerce shall prescribe such regulations
  as may be necessary or appropriate for the efficient and fair administration
  of the provisions of this Act, including regulations governing entry,
  or withdrawal for warehouse, for consumption of the products covered by
  this Act. Such regulations shall provide for reasonable spacing of imports
  over the calendar year.
  (e) ALLOCATIONS FOR CERTAIN COUNTRIES- Regulations may be prescribed under
  subsection (d) only if such regulations ensure that--
  (1) an amount of the limitation imposed by this section on the aggregate
  quantity of textiles and textile products classified under each category
  entered during calendar year 1991 and during each succeeding calendar
  year (hereafter in this subsection referred to as the `applicable year')
  is allocated to such products of each country to which the total quantity
  of United States agricultural products exported on commercial terms during
  the calendar year preceding the applicable year exceeds the total quantity
  of United States agricultural products exported on commercial terms to
  such country during the calendar year before the calendar year preceding
  the applicable year; and
  (2) the amount of textiles and textile products classified under each
  category entered during the applicable year that is allocated to each
  country under paragraph (1) exceeds the quantity of such products of such
  country classified under such category that entered during the calendar
  year preceding the applicable year.
SEC. 5. TARIFF COMPENSATION.
  (a) COMPENSATION-
  (1) The President may (A) enter into trade agreements with foreign countries
  or instrumentalities to grant new concessions as compensation, to the
  extent required under international trade agreements of the United States,
  for the import limits imposed under section 4 of this Act to maintain the
  general level of reciprocal and mutually advantageous concessions under
  such agreements; and (B) proclaim such modification or continuance of any
  existing duty on textiles and textile products and on nonrubber footwear
  as the President determines to be required or appropriate to carry out
  such agreements.
  (2) No proclamation shall be made under paragraph (1) decreasing any rate
  of duty to a rate of duty which is less than 90 percent of the existing
  rate of duty.
  (3) Before entering into any trade agreement under this subsection with any
  foreign country or instrumentality, the President shall consider whether
  such country or instrumentality has violated trade concessions of benefit
  to the United States and such violation has not been adequately offset by
  the action of the United States or by such country or instrumentality.
  (b) STAGING REQUIREMENTS- The aggregate reduction in the rate of duty
  on any article which is in effect on any date pursuant to subsection
  (a) shall not exceed the aggregate reduction which would have been in
  effect on such date if a reduction of one-fifth of the total reduction
  under subsection (a) had taken effect on the effective date of the first
  reduction proclaimed to carry out such trade agreement, and at one-year
  intervals after such effective date.
  (c) PROHIBITION- Except as provided in subsection (a) and notwithstanding
  any other provision of law, the President may not enter into trade
  negotiations with any foreign country or instrumentality with respect
  to duties on textiles and textile products and on nonrubber footwear and
  may not decrease, or propose a decrease, in any such duty by any means,
  including an implementing bill under section 151 of the Trade Act of 1974
  (19 U.S.C. 2191) or a proclamation.
SEC. 6. ANNUAL REPORT.
  Not later than March 15, 1991, and March 15 of each calendar year
  thereafter, the President shall submit to the Congress a report on the
  administration of this Act during the preceding calendar year. Such report
  shall include detailed information about the implementation and operation
  of the limitations established under section 4. All departments and agencies
  shall cooperate in preparation of this report, as requested by the President.
SEC. 7. REVIEW.
  The Secretary of Commerce shall commence, ten years after the date of
  enactment of this Act, a review of the operation of this Act. The Secretary
  shall consult representatives of workers and companies in the textile and
  textile products and nonrubber footwear industries, the United States Trade
  Representative, the Secretary of Labor, and other appropriate Government
  officials. Within six months after the commencement of the study, the
  Secretary shall submit to the Congress the findings of the Secretary.
SEC. 8. AUCTION OF IMPORT LICENSES.
  (a) IMPORT LICENSES- Notwithstanding any other provision of law, the
  Secretary of the Treasury shall establish and implement a pilot program
  for the issuance and sale to United States companies at public auction
  of import licenses applicable to categories of textiles and categories of
  textile products.
  (b) IDENTIFICATION OF CATEGORIES SUBJECT TO LICENSES- The categories
  of textiles, and the categories of textile products, to which the
  import licensing program under this section applies shall be selected
  by the Secretary of the Treasury, in consultation with the Secretary of
  Commerce. Such selection shall be made so that--
  (1) the number of categories of textiles so selected shall, in the aggregate,
  account for the volume of imports equal to no less than 20 percent of the
  value of textiles entered; and
  (2) the total number of categories of textile products so selected shall,
  in the aggregate, account for the volume of imports equal to no less than
  20 percent of the value of textile products entered.
  (c) AUCTIONING OF IMPORT LICENSES-
  (1) Each import license to be issued and sold pursuant to this section
  shall be sold by the Secretary of the Treasury at a public auction held no
  earlier than fifteen days after the date on which notice of such auction
  is published in the Federal Register.
  (2) By no later than the date that is sixty days after the date of enactment
  of this Act, the Secretary of the Treasury shall prescribe regulations under
  which auctions shall be conducted under paragraph (1). Such regulations
  shall provide for--
  (A) the auctioning of quotas, on a historical basis, among retailers,
  importers, and manufacturers of textiles and apparel;
  (B) the transfer of auctioned import licenses among importers; and
  (C) a means of ensuring that no person obtains undue market power in the
  markets of the United States through the use of auctioned import licenses.
  (3) The Secretary of the Treasury is authorized to prescribe, on an expedited
  basis, such regulations supplementing the regulations prescribed under
  paragraph (2) as are necessary to address factors involved in conducting
  the sale by auction of import licenses for any article that are unique to
  such article.
  (d) DEPOSIT OF REVENUES- Any revenues from the sale of import licenses
  under this section shall be paid into the general fund of the Treasury of
  the United States.
  (e) DURATION- The import licensing program under this section shall begin
  on January 1, 1991, and end at the close of December 31, 1991.
  (f) REPORT- Not later than March 31, 1992, the Secretary of the Treasury,
  in consultation with the Secretary of Commerce, shall report to the Congress
  on the administration of the import licensing program under this section and
  the advantages and disadvantages of auctioning import licenses demonstrated
  by the program.
SEC. 9. DEFINITIONS.
  For purposes of this Act--
  (1) The term `textiles and textile products' includes, but is not limited
  to, all articles covered by a category.
  (2) The term `nonrubber footwear' means nonrubber footwear articles
  classified under items 6401.92.30, 6401.99.80, 6402.11.00, 6402.19.10,
  6402.30.30, 6402.91.40, 6402.99.05, 6402.99.10, 6402.99.15, 6404.11.20,
  6404.19.15, 6404.19.25, 6404.19.30, 6404.20.20, 6404.20.40, 6403, 6405,
  6406.10.05, 6406.10.10, 6406.10.20, and 6406.10.45 of the Harmonized Tariff
  Schedule of the United States (as in effect on January 1, 1990) and includes,
  but is not limited to, all articles covered by a footwear category.
  (3) The term `category' means each of the following:
  (A) each category identified by a three-digit number in the Department of
  Commerce publication entitled `Correlation: Textile and Apparel Categories
  with Harmonized Tariff Schedule of the United States', dated 1990, and in
  any amendments to such publication correcting clerical errors or omissions;
  (B) each subdivision of a category described in subparagraph (A) with
  respect to which the United States has (i) an agreement with any country
  on the date of enactment of this Act limiting exports of textiles and
  textile products to the United States that includes a specific limit on
  such subdivision, or (ii) taken unilateral action to limit products from
  any country entered under such subdivision;
  (C) a category consisting of the manmade fiber products not covered by a
  category described in subparagraph (A) and classified under chapters 54,
  55, and 56 of the Harmonized Tariff Schedule of the United States; and
  (D) a category consisting of the products not covered by a category
  described in subparagraph (A) and classified under items 6215.10.00.408
  and 6117.20.00.405 of the Harmonized Tariff Schedule of the United States.
The Secretary of Commerce shall determine, after consultation with the
United States Trade Representative and the United States International Trade
Commission, whether comparable subdivisions described in subparagraph (B) are
consistently defined; if the Secretary determines that such subdivisions are
not consistently defined, then the Secretary shall prescribe by regulation an
appropriate definition of the category covering such comparable subdivisions.
  (4) The term `nonrubber footwear catetory' means each of the following:
  (A) men's leather;
  (B) men's vinyl/plastic;
  (C) men's other;
  (D) women's leather;
  (E) women's vinyl/plastic;
  (F) women's other;
  (G) juvenile leather;
  (H) juvenile vinyl/plastic;
  (I) juvenile other;
  (J) athletic leather;
  (K) athletic vinyl/plastic;
  (L) leather work footwear;
  (M) vinyl/plastic work footwear;
  (N) miscellaneous leather footwear;
  (O) miscellaneous vinyl/plastic;
  (P) miscellaneous other;
  (Q) leather slippers;
  (R) vinyl/plastic slippers; and
  (S) other slippers.
  (5) The term `high priced nonrubber footwear' means nonrubber footwear
  with a customs value of $2.50, or more, per pair.
  (6) The term `country' means a foreign country, a foreign territory,
  an insular possession of the United States, or any other territory,
  possession, colony, trusteeship, political entity, or foreign trade zone,
  whether affiliated with the United States or not, that is outside the
  customs territory of the United States.
  (7) The term `duty' includes the rate and form of any import duty, including
  but not limited to tariff-rate quotas.
  (8) The term `existing' means the nonpreferential rate of duty (however
  established, and even though temporarily suspended by Act of Congress or
  otherwise) set forth in the General subcolumn of rate of duty column 1
  in chapters 1 through 96 of the Harmonized Tariff Schedule of the United
  States existing on the day before the date of enactment of this Act.
  (9) The term `entered' means entered, or withdrawn from warehouse, for
  consumption in the customs territory of the United States.
SEC. 10. EFFECTIVE DATE.
  (a) IN GENERAL- Except as provided in subsection (b), the provisions
  of this Act shall apply to textiles and textile products and nonrubber
  footwear entered, or withdrawn from warehouse, for consumption on and
  after the date of enactment of this Act.
  (b) CALENDAR YEARS 1990 AND 1991- The Secretary of Commerce shall prescribe
  by regulation the aggregate quantity, if any, of textiles and textile
  products and of nonrubber footwear that may be entered under section 4(a)
  under each category and each nonrubber footwear category during the period
  beginning on the date of enactment of this Act and ending on December 31,
  1990. Notwithstanding subsection (a), to the extent that the aggregate
  quantity of imports of textiles and textile products or of nonrubber footwear
  entered under a category or nonrubber footwear category after December 31,
  1989, and before the date of enactment of this Act exceeds the quantity
  permitted entry for such products under such category during calendar year
  1990 under section 4(a), then the limit that would otherwise apply under
  section 4(b), in the case of textiles or textile products, or under section
  4(a), in the case of nonrubber footwear, for such category for calendar year
  1991 shall be reduced by the amount of such excess quantity. If such excess
  quantity exceeds the limit that would otherwise apply under section 4(b),
  or section 4(a), as appropriate, for such category for calendar year 1991,
  then the limit for such category for calendar years after 1991 shall be
  reduced until such excess is accounted for.