[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1617 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1617

To suspend temporarily the duty on gemifloxacin, gemifloxacin mesylate, 
                and gemifloxacin mesylate sesquihydrate.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2005

Mr. Kennedy (for himself and Mr. Kerry) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To suspend temporarily the duty on gemifloxacin, gemifloxacin mesylate, 
                and gemifloxacin mesylate sesquihydrate.

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

SECTION 1. GEMIFLOXACIN, GEMIFLOXACIN MESYLATE, AND GEMIFLOXACIN 
              MESYLATE SESQUIHYDRATE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:


``      9902.05.68      Gemifloxacin (CAS   Free         No change        No change        On or before 12/  ''.
                         No. 175463-14-6);                                                  31/2008
                         gemifloxacin
                         mesylate (CAS No.
                         210353-53-0);
                         gemifloxacin
                         mesylate
                         sesquihydrate
                         (CAS No. 210353-
                         56-3 ) (the
                         foregoing
                         provided for in
                         subheading
                         2933.99.46)......

    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) 
        applies to goods entered, or withdrawn from warehouse for 
        consumption, on or after January 1, 2005.
            (2) Retroactive application.--Notwithstanding section 514 
        of the Tariff Act of 1930 (19 U.S.C. 1514) or any other 
        provision of law, upon proper request filed with U.S. Customs 
        and Border Protection before the 90th day after the date of the 
        enactment of this Act, any entry, or withdrawal from warehouse 
        for consumption, of any good--
                    (A) that was made on or after January 1, 2005, and 
                before the date of the enactment of this Act, and
                    (B) with respect to which there would have been no 
                duty if the amendment made by subsection (a) applied to 
                such entry or withdrawal,
        shall be liquidated or reliquidated as if such amendment 
        applied to such entry or withdrawal.
                                 <all>