II 110th CONGRESS 2d Session S. 3242 IN THE SENATE OF THE UNITED STATES July 10 (legislative day, July 9), 2008 Mrs. Lincoln (for herself and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To suspend temporarily the duty on digital-to-analog converter boxes, and for other purposes.

1.

Short title

This Act may be cited as the Digital Television Transition Consumer Relief Act of 2008.

2.

Temporary duty suspension and reliquidation of certain digital-to-analog converter boxes and television tuners

(a)

Findings

Congress finds the following: (1)The Digital Television Transition and Public Safety Act of 2005 (Public Law 109–171) 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 families of the United States least able to afford it. (6)The U.S. Customs and Border Protection agency is collecting an import tax, or duty, on converter boxes, which adds to the costs of converting to receiving a digital signal. (b)

Sense of Congress

It is the sense of Congress that the costs to convert to an all digital format should be affordable for all people of the United States, and especially those of lower incomes. (c)

Definition of digital-to-analog converter box

The U.S. Notes at the beginning of subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by adding at the end the following: 20.For purposes of headings 9902.85.28 and 9902.85.29, 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. . (d)

Temporary duty suspensions

(1)

Digital-to-analog converter boxes

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: 9902.85.28Digital-to-analog converter boxes (provided for in subheading 8528.71.40)FreeNo changeNo changeOn or before 12/31/2009 . (2)

Certain television tuners

Such subchapter is further amended by inserting in numerical sequence the following new heading: 9902.85.29Television tuners used in the United States assembly of digital-to-analog converter boxes (provided for in subheading 8529.90.29)FreeNo changeNo changeOn or before 12/31/2009 . (e)

Retroactive effective date

The amendments made by subsection (d) apply to goods entered, or withdrawn from warehouse for consumption, on or after December 1, 2007. (f)

Reliquidation of entries

(1)

In general

Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to the provisions of paragraph (2), the U.S. Customs and Border Protection shall, not later than 90 days after the receipt of a request described in paragraph (2), liquidate or reliquidate as applicable any entry described in paragraph (4) at the applicable rate under subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States, as amended by subsection (d). (2)

Requests

Liquidation or reliquidation may be made under paragraph (1) with respect to an entry described in paragraph (4) only if— (A)a request therefore is filed with U.S. Customs and Border Protection not later than 90 days after the date of the enactment of this Act; and (B)the request contains sufficient information to enable U.S. Customs and Border Protection to locate the entry or reconciliation entry if it cannot be located. (3)

Payment of amounts owed

Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under paragraph (1) shall be paid, with interest, not later than 180 days after the date of such liquidation or reliquidation. (4)

Entries described

The entries referred to in paragraph (1) are the entries, or withdrawals from warehouse for consumption, of goods to which duty-free treatment is provided by subsections (d) and (e)— (A)that was made on or after December 1, 2007; and (B)with respect to which there would have been no duty if subsection (d) of this Act had applied to such entry or withdrawal.