[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4478 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4478

To exempt certain small businesses from the increased tariffs and other 
retaliatory measures imposed against products of the European Union in 
 response to the banana regime of the European Union and its treatment 
            of imported bovine meat, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2000

  Mr. Menendez (for himself, Mr. Sanford, Mr. Davis of Illinois, Ms. 
 Waters, Mrs. Christensen, Mr. Wynn, and Mr. Delahunt) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To exempt certain small businesses from the increased tariffs and other 
retaliatory measures imposed against products of the European Union in 
 response to the banana regime of the European Union and its treatment 
            of imported bovine meat, and for other purposes.

    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 ``Small Business Trade Protection 
Act''.

SEC. 2. EXEMPTION OF CERTAIN SMALL BUSINESS FROM INCREASED TARIFFS ON 
              CERTAIN PRODUCTS.

    Notwithstanding any other provision of law, an importer--
            (1) of goods of the European Union that are subject to 
        increased tariffs pursuant to the announcements of the United 
        States Trade Representative--
                    (A) on March 3, 1999, in response to the banana 
                regime of the European Union, and
                    (B) on March 22, 1999, in response to the ban by 
                the European Union on imports of beef from the United 
                States that has been treated with scientifically proven 
                safe hormones, or
            (2) of goods that are subject to any other increased 
        tariffs or other import restrictions imposed by the United 
        States against a country or countries pursuant to a decision of 
        the World Trade Organization in favor of the United States in a 
        dispute against another country or other countries,
shall be exempt, to the extent provided in section 3, from such 
increases or import restrictions if the importer had fewer than 100 
employees during the 2 calendar quarters preceding the beginning of the 
calendar year in which the exemption applies.

SEC. 3. LIMITATION ON EXEMPTION.

    The exemption under section 2 shall apply to an importer in a 
calendar year for that quantity of an article which does not exceed 125 
percent of the quantity of the same article that is a product of--
            (1) the European Union, in the case of tariffs described in 
        paragraph (1) of section 2, or
            (2) the country or countries concerned, in a case to which 
        paragraph (2) of section 2 applies,
and was imported by that importer during the preceding calendar year.

SEC. 4. REBATES TO SMALL BUSINESSES OF ADDITIONAL TARIFFS.

    (a) Eligible Small Business Owners.--Any importer who--
            (1) before the enactment of this Act, incurred losses 
        amounting to 50 percent or more of their revenues as a result 
        of paying increased tariffs pursuant to the announcements of 
        the United States Trade Representative described in 
        subparagraphs (A) and (B) of section 2(1), and
            (2) had fewer than 100 employees in any calendar quarter in 
        which such increased tariffs were paid,
shall be eligible for the rebate described in subsection (b).
    (b) Rebate.--An importer eligible for a rebate under this 
subsection shall be paid an amount equal to the increase in tariffs the 
importer paid pursuant to the announcements of the United States Trade 
Representative described in subparagraphs (A) and (B) of section 2(1).
    (c) Administration by Secretary of the Treasury.--
            (1) Determination of eligibility.--The Secretary of the 
        Treasury shall determine the eligibility of importers for the 
        rebate under this section.
            (2) Regulations.--The Secretary of the Treasury shall issue 
        regulations setting forth the procedures for applying for a 
        rebate under this section.
            (3) Standard.--The Secretary of the Treasury shall 
        determine that an importer is eligible for a rebate under this 
        section if the importer presents a reasonable basis for a 
        determination that losses incurred are as a result of the 
        increased tariffs.
            (4) Payment.--The Secretary of the Treasury shall pay to 
        eligible importers the amount of the rebate for which they are 
        eligible.
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