Short title

This Act may be cited as the

Digital Television Transition Consumer Relief Act of 2008

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.

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.

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.xxDigital-to-analog converter boxes (provided for in subheading 8528.71.40)FreeNo changeNo changeOn or before 12/31/2009

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Subsequent to the enactment of this Act, the amendment made by section 4 applies to goods entered, or withdrawn from warehouse for consumption, on or after December 1, 2007.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.