[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 521 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 521

    To impose tariff-rate quotas on certain casein and milk protein 
                             concentrates.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 2005

   Mr. Sherwood (for himself, Mr. Obey, Mr. McHugh, Mr. Simmons, Ms. 
     Baldwin, Mr. Goode, Mr. Holden, Mr. Larsen of Washington, Mr. 
 Etheridge, Mr. McNulty, Ms. Slaughter, Ms. Woolsey, Mr. McGovern, Mr. 
Shuster, Mr. Oberstar, Mr. Rahall, Mr. Lewis of Kentucky, Mr. Costello, 
    Mr. Sanders, Mr. Nunes, Mr. McIntyre, Mr. Pitts, Mr. Weldon of 
Pennsylvania, Mr. Kildee, Mr. Strickland, Mr. Filner, Mr. Cardoza, Mr. 
 Boucher, Mr. Abercrombie, Mr. Duncan, Ms. McCollum of Minnesota, Mr. 
  Petri, Ms. Hart, Mr. Butterfield, Mr. Sweeney, Mr. Wilson of South 
Carolina, Mr. Jindal, Mr. Grijalva, Mr. Kind, Mr. Walsh, Mr. Boehlert, 
  Mr. Peterson of Pennsylvania, Mr. Kuhl of New York, Mrs. Kelly, Mr. 
 Stupak, Mr. Sensenbrenner, Mr. Hall, Mrs. Johnson of Connecticut, Mr. 
     Graves, Mr. Doyle, Mr. English of Pennsylvania, Mr. Taylor of 
Mississippi, Mr. Gerlach, Mr. Kanjorski, Mr. Dent, Mr. Engel, Mr. Farr, 
 Mr. Gallegly, Mr. Murtha, Mr. Rehberg, and Mr. Saxton) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To impose tariff-rate quotas on certain casein and milk protein 
                             concentrates.

    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 ``Milk Import Tariff Equity Act''.

SEC. 2. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN CASEIN AND MILK 
              CONCENTRATES.

    (a) Casein and Casein Products.--
            (1) In general.--The Additional U.S. Note to chapter 35 of 
        the Harmonized Tariff Schedule of the United States is 
        amended--
                    (A) by striking ``Additional U.S. Note'' and 
                inserting ``Additional U.S. Notes'';
                    (B) in note 1, by striking ``subheading 
                3501.10.10'' and inserting ``subheadings 3501.10.05, 
                3501.10.15, and 3501.10.20''; and
                    (C) by adding at the end the following new note:
``2. The aggregate quantity of casein, caseinates, milk protein 
        concentrate, and other casein derivatives entered under 
        subheadings 3501.10.15, 3501.10.65, and 3501.90.65 in any 
        calendar year shall not exceed 54,051,000 kilograms. Articles 
        the product of Mexico shall not be permitted or included under 
        this quantitative limitation and no such article shall be 
        classifiable therein.''.
            (2) Rates for certain caseins, caseinates, and other 
        derivatives and glues.--Chapter 35 of the Harmonized Tariff 
        Schedule of the United States is amended by striking 
        subheadings 3501.10 through 3501.90.60 and inserting the 
        following new subheadings, with the article descriptions for 
        subheadings 3501.10 and 3501.90 having the same degree of 
        indentation as the article description for subheading 
        3502.20.00:

      

``         3501.10                Casein:
           .................       Milk protein
                                    concentrate:
           3501.10.05               Described in     0.37 cents/kg   Free (A*, CA, CL, E,     12 cents/kg
                                     general note                     IL, J, JO, MX, SG)
                                     15 of the
                                     tariff
                                     schedule and
                                     entered
                                     pursuant to
                                     its provisions
           3501.10.15               Described in     0.37 cents/kg   Free (A*, CA, CL, E,     12 cents/kg
                                     additional                       IL, J, JO, SG)
                                     U.S. note 2 to
                                     this chapter
                                     and entered
                                     according to
                                     its provisions
           3501.10.20               Other..........  $2.16/kg        Free (MX)                $2.81/kg
           .................       Other:
           3501.10.55               Suitable only    Free            .......................  Free
                                     for industrial
                                     uses other
                                     than the
                                     manufacture of
                                     food for
                                     humans or
                                     other animals
                                     or as
                                     ingredients in
                                     such food.....
           .................        Other:
           3501.10.60                Described in    0.37 cents/kg   Free (A*, CA, CL, E,     12 cents/kg
                                      general note                    IL, J, JO, MX, SG)
                                      15 of the
                                      tariff
                                      schedule and
                                      entered
                                      pursuant to
                                      its
                                      provisions...
           3501.10.65                Described in    0.37 cents/kg   Free (A*, CA, CL, E,     12 cents/kg
                                      additional                      IL, J, JO, SG)
                                      U.S. note 2
                                      to this
                                      chapter and
                                      entered
                                      according to
                                      its
                                      provisions...
           3501.10.70                Other.........  $2.16/kg        Free (MX)                $2.81/kg
           3501.90                Other:
           3501.90.05              Casein glues....  6%              Free (A*, CA, CL, E,     30%
                                                                      IL, J, JO, MX)
                                                                         4.5% (SG)
           .................       Other:
           3501.90.30               Suitable only    6%              Free (A*, CA, CL, E,     30%
                                     for industrial                   IL, J, JO, MX, SG)
                                     uses other
                                     than the
                                     manufacture of
                                     food for
                                     humans or
                                     other animals
                                     or as
                                     ingredients in
                                     such food.....
           .................        Other:
           3501.90.55                Described in    0.37 cents/kg   Free (A*, CA, CL E, IL,  12.1 cents/kg
                                      general note                    J, JO, MX, SG)
                                      15 of the
                                      tariff
                                      schedule and
                                      entered
                                      pursuant to
                                      its
                                      provisions...
           3501.90.65                Described in    0.37 cents/kg   Free (A*, CA, CL, E,     12.1 cents/kg
                                      additional                      IL, J, JO, SG)
                                      U.S. note 2
                                      to this
                                      chapter and
                                      entered
                                      according to
                                      its
                                      provisions...
           3501.90.70                Other.........  $2.16/kg        Free (MX)                $2.81/kg
                                                                                                              ''

    (b) Milk Protein Concentrates.--
            (1) In general.--The Additional U.S. notes to chapter 4 of 
        the Harmonized Tariff Schedule of the United States are 
        amended--
                    (A) in note 13, by striking ``subheading 
                0404.90.10'' and inserting ``subheadings 0404.90.05, 
                0404.90.15, and 0404.90.20''; and
                    (B) by adding at the end the following new note:
``27. The aggregate quantity of milk protein concentrates entered under 
        subheading 0404.90.15 in any calendar year shall not exceed 
        15,818,000 kilograms. Articles the product of Mexico shall not 
        be permitted or included under this quantitative limitation and 
        no such article shall be classifiable therein.''.
            (2) Rates for certain milk protein concentrates.--Chapter 4 
        of the Harmonized Tariff Schedule of the United States is 
        amended by striking subheadings 0404.90 through 0404.90.10 and 
        inserting the following new subheadings, with the article 
        description for subheading 0404.90 having the same degree of 
        indentation as the article description for subheading 0404.10 
        and with the article descriptions for subheadings 0404.90.05, 
        0404.90.15, and 0404.90.20 having the same degree of 
        indentation as the article description for subheading 
        0405.20.40:

      

``         0404.90                Other:
           .................       Milk protein
                                    concentrates:
           0404.90.05               Described in     0.37 cents/kg   Free (A*, CA, CL, E,     12 cents/kg
                                     general note                     IL, J, JO, MX, SG)
                                     15 of the
                                     tariff
                                     schedule and
                                     entered
                                     pursuant to
                                     its provisions
           0404.90.15               Described in     0.37 cents/kg   Free (A*, CA, CL, E,     12 cents/kg
                                     additional                       IL, J, JO, SG)
                                     U.S. note 27
                                     to this
                                     chapter and
                                     entered
                                     pursuant to
                                     its provisions
           0404.90.20               Other..........  $1.56/kg        Free (MX)                $2.02/kg
                                                                                                              ''

    (c) Effective Date.--
            (1) In general.--The amendments made by this section apply 
        to goods entered, or withdrawn from warehouse for consumption, 
        on or after the first day of the first month after the date 
        that is 90 days after the date of enactment of this Act.
            (2) Transitional provisions.--
                    (A) Chapter 35.--Notwithstanding the amendments 
                made by subsection (a)(1)(B) of this section, in the 
                case of any calendar year that includes the effective 
                date described in paragraph (1), the aggregate amount 
                of casein, caseinates, milk protein concentrate, and 
                other casein derivatives entered under subheadings 
                3501.10.15, 3501.10.65, and 3501.90.65 shall not exceed 
                an amount equal to 148,085 kilograms multiplied by the 
                number of calendar days remaining in such year 
                beginning with such effective date.
                    (B) Chapter 4.--Notwithstanding the amendments made 
                by subsection (b)(1)(B) of this section, in the case of 
                any calendar year that includes the effective date 
                described in paragraph (1), the aggregate amount of 
                milk protein concentrates entered under subheading 
                0404.90.15 shall not exceed an amount equal to 43,337 
                kilograms multiplied by the number of calendar days 
                remaining in such year beginning with such effective 
                date.

SEC. 3. COMPENSATION AUTHORITY.

    (a) In General.--If the provisions of section 1 require, the 
President--
            (1) may enter into a trade agreement with any foreign 
        country or instrumentality for the purpose of granting new 
        concessions as compensation in order to maintain the general 
        level of reciprocal and mutually advantageous concessions; and
            (2) may proclaim such modification or continuance of any 
        general rate of duty, or such continuance of duty-free or 
        excise treatment, or any quantitative limitation, as the 
        President determines to be required or appropriate to carry out 
        any such agreement.
    (b) Limitations.--
            (1) In general.--No proclamation shall be made pursuant to 
        subsection (a) decreasing any general rate of duty to a rate 
        which is less than 70 percent of the existing general rate of 
        duty.
            (2) Special rule for certain duty reductions.--If the 
        general rate of duty in effect is an intermediate stage under 
        an agreement in effect before August 6, 2002, under section 
        1102(a) of the Omnibus Trade and Competitiveness Act of 1988 or 
        under an agreement entered into under section 2103 (a) or (b) 
        of the Bipartisan Trade Promotion Authority Act of 2002, the 
        proclamation made pursuant to subsection (a) may provide for 
        the reduction of each general rate of duty at each such stage 
        by not more than 30 percent of such general rate of duty, and 
        may provide for a final general rate of duty which is not less 
        than 70 percent of the general rate of duty proclaimed as the 
        final stage under such agreement.
            (3) Rounding.--If the President determines that such action 
        will simplify the computation of the amount of duty computed 
        with respect to an article, the President may exceed the 
        limitations provided in paragraphs (1) and (2) by not more than 
        the lesser of--
                    (A) the difference between such limitation and the 
                next lower whole number, or
                    (B) one-half of 1 percent ad valorem.
                                 <all>