[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2694 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2694

To amend section 313 of the Tariff Act of 1930 to make certain products 
  eligible for drawback and to simplify and clarify certain drawback 
                              provisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2000

 Mr. Murkowski introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend section 313 of the Tariff Act of 1930 to make certain products 
  eligible for drawback and to simplify and clarify certain drawback 
                              provisions.

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

SECTION 1. UNUSED MERCHANDISE DRAWBACK.

    (a) In General.--Section 313(j) of the Tariff Act of 1930 (19 
U.S.C. 1313(j)) is amended--
            (1) in paragraph (1), by striking ``because of its'' and 
        inserting ``upon entry or'';
            (2) in paragraph (2), by striking ``because of its'' and 
        inserting ``upon entry or''; and
            (3) by adding at the end the following new paragraph:
            ``(5) No prior notification of intent to export is required 
        to be provided to the Customs Service for any exports under 
        this subsection.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act, and shall apply to 
drawback claims filed on or after such date and to drawback entries 
filed before that date if the liquidation of the entry is not final on 
such date.

SEC. 2. REFUNDS, WAIVERS, OR REDUCTIONS UNDER THE NORTH AMERICAN FREE 
              TRADE AGREEMENT IMPLEMENTATION ACT.

    (a) In General.--Section 313(n)(2) of the Tariff Act of 1930 (19 
U.S.C. 1313(n)(2)) is amended by striking ``(p),''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act, and shall apply to 
drawback claims filed on or after that date.

SEC. 3. SUBSTITUTION OF FINISHED PETROLEUM DERIVATIVES.

    (a) In General.--Section 313(p)(3)(A)(i)(I) of the Tariff Act of 
1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is amended by inserting ``2709,'' 
after ``2708,'' and by striking ``2901, 2902, and 2909.19.14'' and 
inserting ``2901 through 2917, and 3811''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act, and shall apply to 
drawback claims filed on or after such date and to drawback entries 
made before such date if the liquidation of the entry is not final on 
such date.

SEC. 4. ALTERNATIVE METHODS FOR DETERMINING SAME KIND AND QUALITY AND 
              COMMERCIAL INTERCHANGEABILITY UNDER SECTION 313 OF THE 
              TARIFF ACT OF 1930.

    (a) In General.--Section 313 of the Tariff Act of 1930 (19 U.S.C. 
1313) is amended by adding at the end the following new subsection:
    ``(x) Alternative Methods for Determining Same Kind and Quality and 
Commercial Interchangeability.--
            ``(1) In general.--For purposes of subsections (b), (j)(2), 
        and (y), any other merchandise is deemed to be of the same kind 
        and quality as, or commercially interchangeable with, the 
        imported merchandise against which drawback is claimed if the 
        other merchandise and the imported merchandise meet any two of 
        the following criteria, selected at the discretion of the 
        manufacturer or drawback claimant:
                    ``(A) Both the imported merchandise and the other 
                merchandise meet the same United States Government 
                standard.
                    ``(B) Both the imported merchandise and the other 
                merchandise meet the same standard recognized by an 
                independent standards organization or a United States 
                manufacturers' or producers' industry trade group.
                    ``(C) Both the imported merchandise and the other 
                merchandise are classified under the same 8-digit 
                subheading of the Harmonized Tariff Schedule of the 
                United States.
                    ``(D) Both the imported merchandise and the other 
                merchandise have the same merchandise identifier, such 
                as a part number, product code number, or catalog 
                number, with allowance permitted for variations in such 
                number identifiers reflecting differences such as 
                color, packaging, or container size.
            ``(2) Other criteria.--Notwithstanding paragraph (1), 
        nothing in this section shall prohibit the drawback claimant 
        from submitting evidence to enable the Customs Service to make 
        a determination that the other merchandise is of the same kind 
        and quality as, or is commercially interchangeable with, the 
        imported merchandise.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act, and shall apply to 
drawback claims filed on or after such date and to drawback entries 
filed before such date if the liquidation of the entry is not final on 
such date.

SEC. 5. DRAWBACK UNDER NAFTA.

    (a) In General.--Section 313 of the Tariff Act of 1930 (19 U.S.C. 
1313), as amended by section 4, is amended by adding at the end the 
following new subsection:
    ``(y) Drawback Under NAFTA.--For purposes of section 203(a)(2) of 
the North American Free Trade Agreement Implementation Act, a drawback 
claimant or any other person may designate for drawback any imported 
merchandise on which duty was paid that was entered, or withdrawn from 
warehouse for consumption, within one year prior to the date on which 
any commercially interchangeable merchandise was exported, if the 
exported merchandise does not receive preference under the North 
American Free Trade Agreement.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of enactment of this Act, and shall apply to 
drawback claims filed on or after such date and to drawback entries 
filed before such date if the liquidation of the entry is not final on 
such date.
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