[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5635 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5635

 To suspend temporarily the duty on digital-to-analog converter boxes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2008

Mr. Kind (for himself and Mr. Brady of Texas) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To suspend temporarily the duty on digital-to-analog converter boxes.

    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 ``Digital Television Transition 
Consumer Relief Act of 2008''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Digital Television and Public Safety Act of 2005 
        (Public Law 108-171) provided that all full power television 
        broadcasts be switched to digital format on February 17, 2009.
            (2) Nearly 20,000,000 United States consumers do not 
        subscribe to cable or satellite television service and millions 
        more have untethered television sets that only receive over-
        the-air signals.
            (3) Upon the conversion to the digital format mandated by 
        Congress, these households will no longer receive any 
        television signal unless they are equipped with digital-to-
        analog converters.
            (4) Low and middle income families, rural residents, 
        American Indians, senior citizens, the infirmed and the 
        physically and mentally impaired are less likely to own 
        television sets capable of receiving a digital signal without 
        the purchase of digital-to-analog converters.
            (5) The conversion to an all digital format should not 
        place an unfair economic burden on those American families 
        least able to afford it.
            (6) It is the sense of Congress that the costs to convert 
        to an all digital format should be lessened for all Americans, 
        and especially those of lower incomes.
            (7) The United States Customs and Border Protection Agency 
        is collecting an import tax, or duty, on converter boxes that 
        adds to consumers costs to convert to receiving a digital 
        signal.

SEC. 3. DEFINITION.

    For purposes of subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States, the term ``digital-to-analog 
converter box'' means a stand-alone device that does not contain 
features or functions except those necessary to enable a consumer to 
convert any channel broadcast in the digital television service into a 
format that the consumer can display on television receivers designed 
to receive and display signals only in the analog television service, 
but may also include a remote control device.

SEC. 4. TEMPORARY DUTY SUSPENSION.

    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.xx.xx       Digital-to-analog   Free         No change        No change        On or before 12/ ''.
                          converter boxes                                                    31/2009.......
                          (provided for in
                          subheading
                          8528.71.40)......

SEC. 5. EFFECTIVE DATE; REFUND OF CUSTOMS DUTIES PAID.

    (a) Effective Date.--Subsequent to the enactment of this Act, the 
amendment made by section 4 applies to goods entered, or withdrawn from 
warehouse for consumption, on or after December 1, 2007.
    (b) In General.--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 the Bureau of 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 goods to which duty-
free treatment is provided under section 4 of this Act--
            (1) that was made on or after December 1, 2007, and
            (2) with respect to which there would have been no duty if 
        section 4 of this Act applied to such entry or withdrawal,
shall be liquidated or reliquidated as though such Act applied to such 
entry or withdrawal.
    (c) Requests.--Liquidation or reliquidation may be made under 
subsection (b) with respect to an entry described in subsection (a) 
only if a request therefore is filed with the Customs and Border 
Protection within 90 days after the date of enactment of this Act and 
the request contains sufficient information to enable Customs and 
Border Protection to locate the entry or reconciliation entry if it 
cannot be located.
    (d) Payment of Amounts Owed.--Any amounts owed by the United States 
pursuant to the liquidation or reliquidation of any entry under 
subsection (b) shall be paid, with interest, not later than 180 days 
after the date of such liquidation or reliquidation.
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