[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1309 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1309

  To codify the definition of terms used in subheading 1604.14 of the 
   Harmonized Tariff Schedule of the United States, relating to tuna 
                               products.


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 4, 2009

Mrs. Napolitano (for herself and Mr. Bilbray) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To codify the definition of terms used in subheading 1604.14 of the 
   Harmonized Tariff Schedule of the United States, relating to tuna 
                               products.

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

SECTION 1. FINDINGS.

            (1) Tuna fish canning is a vital industry to the United 
        States.
            (2) To promote United States production, Congress has 
        imposed higher tariffs on shelf-stable, retail ready tuna fish 
        products than on raw or intermediate fish products.
            (3) According to the original intent of Congress, the term 
        ``in airtight containers'', as contained in subheading 1604.14 
        of the Harmonized Tariff Schedule of the United States, has 
        only covered products in packages that are not permeable to air 
        and that are presented as a finished product for consumption in 
        shelf-stable containers (cans, glass jars, and foil pouches).
            (4) Congress seeks to codify the terms ``in airtight 
        containers'' and ``in bulk or in immediate containers weighing 
        with their contents over 6.8 kg each'', as provided for in 
        subheading 1604.14 of the Harmonized Tariff Schedule of the 
        United States, to reflect existing practice and promote public 
        health and safety.

SEC. 2. DEFINITIONS.

    (a) Definitions.--The Additional U.S. Notes to chapter 16 of the 
Harmonized Tariff Schedule of the United States are amended by adding 
at the end the following:
    ``4. For purposes of subheading 1604.14, the term `in airtight 
containers' means containers that--
            ``(a) are heat sealed, and none of the contents have been 
        pinched in the seal; and
            ``(b) have an oxygen transmission rate of less than 1 ml 
        per square meter in 24 hours in a dry state at 20 Celsius.
    ``5. For purposes of subheading 1604.14, the term `in bulk or in 
immediate containers weighing with their contents over 6.8 kg each' 
includes product that is shipped in plastic bags that are not airtight, 
or similar intermediate containers, that are stacked in layers and 
placed on pallets, or similar bulk containers, as long as the entire 
pallet, or similar bulk container, with their contents weigh over 6.8 
kg.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
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