II 109th CONGRESS 1st Session S. 1617 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.

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: 9902.05.68Gemifloxacin (CAS No. 175463–14–6); gemifloxacin mesylate (CAS No. 210353–53–0); gemifloxacin mesylate sesquihydrate (CAS No. 210353–56–3 ) (the foregoing provided for in subheading 2933.99.46)FreeNo changeNo changeOn or before 12/31/2008 (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The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2005.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.