Congressman Blake Moore Introduces Legislation to Remove Trade Barrier on Outdoor Retailers
WASHINGTON– Congressman Blake Moore (R-UT) and Congresswoman Chellie Pingree (D-ME) introduced the bipartisan Protect Our Clothes from PFAS Act, which will eliminate a trade barrier penalizing outdoor recreation companies. By changing an outdated part of the U.S. tariff code, the bill would make it easier for outdoor retailers to sell water-resistant apparel that does not contain Per-and Polyfluoroalkyl Substances (PFAS) chemicals.
PFAS are nearly indestructible substances potentially linked to serious health issues like cancer and thyroid dysfunction. Despite the possible consequences, PFAS are still widely used in everyday household and consumer products, including water-resistant outdoor clothing and to remove grease, water, and stains. The outdoor recreation industry has been working to eliminate these substances from their products, but U.S. Harmonized Tariff Schedule makes the transition financially challenging.
“The outdoor recreation industry is critical to Utah’s economy, and waterproof apparel is essential to outdoor recreationalists and workers. It makes no sense to punish companies and their consumers with an outdated tariff code that keeps PFAS chemicals in our clothing,” said Congressman Moore. “By fixing a loophole in the Harmonized Tariff Schedule, this bill will help leverage U.S. trade policy for good and provide incentives for outdoor apparel companies to adopt healthier practices and safer value chains.”
“Mainers have come to know how dangerous forever chemicals can be to our health and to the environment. I’m proud that Maine’s outdoor retailers are working to phase out PFAS despite the disparity in duty rates, but we want to level the playing field for companies who are moving towards safer alternatives,” said Congresswoman Pingree. “Our bipartisan Protect Our Clothes from PFAS Act will make it easier for retailers to choose safer alternatives that ensure their waterproof garments are not contributing to the contamination of our food and water, or the rise in cancer and other diseases linked to PFAS exposure. It's a commonsense solution that aligns our trade policy with public health—and incentivizes businesses to do the right thing.”
Background:
Currently, water-resistant clothing made with PFAS benefit from a preferential tariff treatment with a 7% duty rate, while more sustainable alternatives face a steep 27% rate. The Protect Our Clothes from PFAS Act aims to change this unequal treatment and promote a transition to safer, more sustainable, and water-resistant garments that maintain performance standards and requirements.
Under the current U.S. Harmonized Tariff Schedule Chapter 62, garments must undergo a water-resistance test which requires the garment’s fabric contain PFAS to pass and, thus, qualify for lower duty rates. The Protect Our Clothes from PFAS Act would eliminate this requirement, enabling manufacturers to adopt innovative, PFAS-free waterproofing technologies while maintaining competitive pricing.
The text of this legislation can be found here.
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