[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 753 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 753

To amend the Harmonized Tariff Schedule of the United States to prevent 
             circumvention of the sugar tariff-rate quotas.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2001

Mr. Breaux (for himself, Mr. Craig, Mr. Dorgan, Mr. Burns, Mr. Conrad, 
 Mr. Enzi, Ms. Landrieu, Mr. Thomas, Mr. Graham Mr. Crapo, Mr. Baucus, 
Mr. Nelson of Nebraska, Mr. Dayton, Mr. Inouye, Mr. Akaka, Mr. Allard, 
and Mr. Harkin) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Harmonized Tariff Schedule of the United States to prevent 
             circumvention of the sugar tariff-rate quotas.

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

SECTION 1. PREVENTION OF CIRCUMVENTION OF SUGAR TARIFF-RATE QUOTAS.

    (a) Anticircumvention.--
            (1) Amendment to additional united states notes.--
        Additional United States Note 5(a)(i) of chapter 17 of the 
        Harmonized Tariff Schedule of the United States is amended--
                    (A) in the first sentence, by striking ``and 
                2106.90.44,'' and inserting ``1702.90.40, and 
                2106.90.44, and any other article (other than an 
                article classified under subheading 1701.11 or 1701.12) 
                that is entered, or withdrawn from warehouse for 
                consumption, if the article is subsequently used for 
                the commercial extraction or production of sugar for 
                human consumption, or the article is otherwise used in 
                any manner that circumvents any quota imposed pursuant 
                to the notes to this chapter,''; and
                    (B) in the second sentence, by striking ``and 
                molasses'' and inserting ``, molasses, and other 
                articles,''.
            (2) Rate of duty.--The rate of duty in effect under 
        subheading 1701.99.10 or 1701.99.50 of the Harmonized Tariff 
        Schedule of the United States, on the date of entry of articles 
        described in the applicable subheading shall apply to any 
        article which the Secretary of the Treasury determines is 
        circumventing the tariff-rate quota relating to articles 
        described in the applicable subheading.
            (3) Animal feed and rum.--Notwithstanding any other 
        provision of law, no tariff-rate quota may be imposed under 
        Additional United States Note 5(a)(i) of chapter 17 of the 
        Harmonized Tariff Schedule, on molasses that is used for animal 
        consumption or for the production of rum in the United States.
    (b) Conforming Amendment.--Chapter 17 of the Harmonized Tariff 
Schedule of the United States is amended by striking subheading 
1702.90.40 and inserting in numerical sequence the following new 
subheadings:


``       1702.90.40         Described in       3.6606 cents/kg      Free (A*, CA, E*,    6.58170 cents/kg
                             additional         less 0.020668        IL, J, MX)           less 0.0622005
                             United States      cents/kg for each                         cents/kg for each
                             note 5 to this     degree under 100                          degree under 100
                             chapter and        degrees (and                              degrees (and
                             entered pursuant   fractions of a                            fractions of a
                             to its             degree in                                 degree in
                             provisions......   proportion) but                           proportion) but
                                                not less than                             not less than
                                                3.143854 cents/kg                         5.031562 cents/kg
         1702.90.45         Other............  35.74 cents/kg       24.716 cents/kg      42.05 cents/kg
                                                                     less 0.35 cents/kg
                                                                     for each degree
                                                                     under 100 degrees
                                                                     (and fractions of
                                                                     a degree in
                                                                     proportion) but
                                                                     not less than
                                                                     15.973 cents/kg
                                                                     (MX)
                                                                                                              ''

    (c) Effective Date.--The amendments made by this section apply to 
goods entered, or withdrawn from warehouse for consumption, on or after 
the 15th day after the date of enactment of this Act.
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