H.R.4496 - Textile, Apparel, and Footwear Trade Act of 1990101st Congress (1989-1990)
|Sponsor:||Rep. Lloyd, Marilyn [D-TN-3] (Introduced 04/04/1990)|
|Committees:||House - Ways and Means|
|Latest Action:||House - 04/12/1990 Referred to the Subcommittee on Trade. (All Actions)|
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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.