[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4053 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4053

To impose temporarily a 25 percent duty on imports of wheat gluten and 
  to require the administering authority to initiate an investigation 
under title VII of the Tariff Act of 1930 with respect to wheat gluten.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1996

  Mr. LaHood introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To impose temporarily a 25 percent duty on imports of wheat gluten and 
  to require the administering authority to initiate an investigation 
under title VII of the Tariff Act of 1930 with respect to wheat gluten.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Wheat Gluten Act of 
1996''.

SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING FINAL DETERMINATION.

    (a) In General.--In addition to any other duty that may apply, 
there is imposed a duty of 25 percent ad valorem on wheat gluten 
described in subsection (b).
    (b) Wheat Gluten Described.--Wheat gluten described in this 
subsection is wheat gluten, whether or not dried, described in heading 
1109.00 of the Harmonized Tariff Schedule of the United States, that is 
imported directly or indirectly from any member country of the European 
Union.
    (c) Applicability.--The rate of duty imposed under subsection (a) 
shall apply to goods described in subsection (b) that are entered, or 
withdrawn from warehouse for consumption, during the period beginning 
on the date that is 15 days after the date of the enactment of this Act 
and ending on whichever of the following dates occurs first with 
respect to an investigation initiated under section 3:
            (1) The date the investigation is suspended pursuant to 
        section 3(b)(2).
            (2) The date on which a final negative determination is 
        made by the Commission pursuant to section 705 of the Tariff 
        Act of 1930.
            (3) The date on which an order is issued pursuant to 
        section 706 of such Act.
    (d) Refunds; Collections.--If the amount of the duty imposed under 
this section is different from the amount of the cash deposit, bond, or 
other security required for the countervailing duty imposed under a 
countervailing duty order issued under section 706 of the Tariff Act of 
1930 (19 U.S.C. 1671e) as a result of the investigation initiated under 
section 3, such difference shall be refunded, released, or collected, 
as the case may be, in accordance with section 707 of the Tariff Act of 
1930 (19 U.S.C. 1671f).

SEC. 3. INITIATION OF INVESTIGATION.

    (a) In General.--Notwithstanding any other provision of law, not 
later than 30 days after the date of the enactment of this Act, the 
administering authority shall initiate an investigation pursuant to 
section 702(a) of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with 
respect to the importation and sales for importation into the United 
States of wheat gluten described in section 2(b).
    (b) Application of Title VII of the Tariff Act of 1930.--
            (1) In general.--Except as otherwise provided in this Act, 
        the provisions of title VII of the Tariff Act of 1930 (19 
        U.S.C. 1671 et seq.) shall apply to the countervailing duty 
        investigation initiated under subsection (a).
            (2) Termination or suspension of investigation.--
                    (A) Termination.--Subsections (a) and (k) of 
                section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c 
                (a) and (k)) shall not apply to the investigation 
                initiated pursuant to subsection (a).
                    (B) Suspension.--The investigation initiated 
                pursuant to subsection (a) may be suspended pursuant to 
                subsection (b) or (c) of section 704 of such Act, if 
                the requirements of such section 704 and subparagraph 
                (C) are satisfied.
                    (C) Suspension of investigation procedure.--The 
                requirements of this subparagraph are satisfied if, not 
                less than 30 days before suspending the investigation, 
                the administering authority--
                            (i) notifies the Committee on Finance of 
                        the Senate, the Committee on Ways and Means of 
                        the House of Representatives, the Commission, 
                        and other parties to the investigation, of the 
                        administering authority's intention to suspend 
                        the investigation;
                            (ii) consults with such committees 
                        regarding such suspension;
                            (iii) provides to such committees a copy of 
                        the proposed agreement pursuant to which the 
                        investigation is to be suspended, together with 
                        an explanation of--
                                    (I) how the agreement will be 
                                carried out and enforced;
                                    (II) how the agreement meets the 
                                requirements of subsections (b), (c), 
                                (d), and (e) of section 704 of the 
                                Tariff Act of 1930; and
                                    (III) any action required of the 
                                European Union; and
                            (iv) permits all interested parties to 
                        submit comments and information for the record 
                        before the date on which notice of suspension 
                        of the investigation is published.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Administering authority.--The term ``administering 
        authority'' has the meaning given such term by section 771(1) 
        of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
            (2) Commission.--The term ``Commission'' means the United 
        States International Trade Commission.
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