[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4923 Enrolled Bill (ENR)]
H.R.4923
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To establish a process for the submission and consideration of petitions
for temporary duty suspensions and reductions, and for other purposes.
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 ``American Manufacturing
Competitiveness Act of 2016''.
SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF BILL.
(a) Findings.--Congress makes the following findings:
(1) As of the date of the enactment of this Act, the Harmonized
Tariff Schedule of the United States imposes duties on imported
goods for which there is no domestic availability or insufficient
domestic availability.
(2) The imposition of duties on such goods creates artificial
distortions in the economy of the United States that negatively
affect United States manufacturers and consumers.
(3) The manufacturing competitiveness of the United States
around the world will be enhanced if Congress regularly and
predictably updates the Harmonized Tariff Schedule to suspend or
reduce duties on such goods.
(4) Creating and maintaining an open and transparent process
for consideration of petitions for duty suspensions and reductions
builds confidence that the process is fair, open to all, and free
of abuse.
(5) Complying with the Rules of the House of Representatives
and the Senate, in particular with clause 9 of rule XXI of the
Rules of the House of Representatives and rule XLIV of the Standing
Rules of the Senate, is essential to fostering and maintaining
confidence in the process for considering a miscellaneous tariff
bill.
(6) A miscellaneous tariff bill developed under this process
will not contain any--
(A) congressional earmarks or limited tax benefits within
the meaning of clause 9 of rule XXI of the Rules of the House
of Representatives; or
(B) congressionally directed spending items or limited tax
benefits within the meaning of rule XLIV of the Standing Rules
of the Senate.
(7) Because any limited tariff benefits contained in any
miscellaneous tariff bill following the process set forth by this
Act will not have been the subject of legislation introduced by an
individual Member of Congress and will be fully vetted through a
transparent and fair process free of abuse, it is appropriate for
Congress to consider limited tariff benefits as part of that
miscellaneous tariff bill as long as--
(A) in the case of a miscellaneous tariff bill considered
in the House of Representatives, consistent with the Rules of
the House of Representatives, a list of such limited tariff
benefits is published in the reports of the Committee on Ways
and Means of the House of Representatives accompanying the
miscellaneous tariff bill, or in the Congressional Record; and
(B) in the case of a miscellaneous tariff bill considered
in the Senate, consistent with the Standing Rules of the
Senate--
(i) such limited tariff benefits have been identified
through lists, charts, or other similar means; and
(ii) the information identified in clause (i) has been
available on a publicly accessible congressional website in
a searchable format at least 48 hours before the vote on
the motion to proceed to the miscellaneous tariff bill or
the vote on the adoption of a report of a committee of
conference in connection with the miscellaneous tariff
bill, as the case may be.
(8) When the process set forth under paragraph (7) is followed,
it is consistent with the letter and intent of the Rules of the
House of Representatives and the Senate and other related guidance.
(b) Sense of Congress.--It is the sense of Congress that, to remove
the competitive disadvantage to United States manufacturers and
consumers and to promote the competitiveness of United States
manufacturers, Congress should, not later than 90 days after the United
States International Trade Commission issues a final report on
petitions for duty suspensions and reductions under section 3(b)(3)(E),
consider a miscellaneous tariff bill.
SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY SUSPENSIONS AND
REDUCTIONS.
(a) Purpose.--It is the purpose of this section to establish a
process for the submission and consideration of petitions for duty
suspensions and reductions.
(b) Requirements of Commission.--
(1) Initiation.--Not later than October 15, 2016, and October
15, 2019, the Commission shall publish in the Federal Register and
on a publicly available Internet website of the Commission a notice
requesting members of the public who can demonstrate that they are
likely beneficiaries of duty suspensions or reductions to submit to
the Commission during the 60-day period beginning on the date of
such publication--
(A) petitions for duty suspensions and reductions; and
(B) Commission disclosure forms with respect to such duty
suspensions and reductions.
(2) Content of petitions.--Each petition for a duty suspension
or reduction under paragraph (1)(A) shall include the following
information:
(A) The name and address of the petitioner.
(B) A statement as to whether the petition provides for an
extension of an existing duty suspension or reduction or
provides for a new duty suspension or reduction.
(C) A certification that the petitioner is a likely
beneficiary of the proposed duty suspension or reduction.
(D) An article description for the proposed duty suspension
or reduction to be included in the amendment to subchapter II
of chapter 99 of the Harmonized Tariff Schedule of the United
States.
(E) To the extent available--
(i) a classification of the article for purposes of the
amendment to subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States;
(ii) a classification ruling of U.S. Customs and Border
Protection with respect to the article; and
(iii) a copy of a U.S. Customs and Border Protection
entry summary indicating where the article is classified in
the Harmonized Tariff Schedule of the United States.
(F) A brief and general description of the article.
(G) A brief description of the industry in the United
States that uses the article.
(H) An estimate of the total value, in United States
dollars, of imports of the article for each of the 5 calendar
years after the calendar year in which the petition is filed,
including an estimate of the total value of such imports by the
person who submits the petition and by any other importers, if
available.
(I) The name of each person that imports the article, if
available.
(J) A description of any domestic production of the
article, if available.
(K) Such other information as the Commission may require.
(3) Review.--
(A) Commission publication and public availability.--As
soon as practicable after the expiration of the 60-day period
specified in paragraph (1), but in any case not later than 30
days after the expiration of such 60-day period, the Commission
shall publish on a publicly available Internet website of the
Commission--
(i) the petitions for duty suspensions and reductions
submitted under paragraph (1)(A) that contain the
information required under paragraph (2); and
(ii) the Commission disclosure forms with respect to
such duty suspensions and reductions submitted under
paragraph (1)(B).
(B) Public comment.--
(i) In general.--The Commission shall publish in the
Federal Register and on a publicly available Internet
website of the Commission a notice requesting members of
the public to submit to the Commission during the 45-day
period beginning on the date of publication described in
subparagraph (A) comments on--
(I) the petitions for duty suspensions and
reductions published by the Commission under
subparagraph (A)(i); and
(II) the Commission disclosure forms with respect
to such duty suspensions and reductions published by
the Commission under subparagraph (A)(ii).
(ii) Publication of comments.--The Commission shall
publish a notice in the Federal Register directing members
of the public to a publicly available Internet website of
the Commission to view the comments of the members of the
public received under clause (i).
(C) Preliminary report.--
(i) In general.--As soon as practicable after the
expiration of the 120-day period beginning on the date of
publication described in subparagraph (A), but in any case
not later than 30 days after the expiration of such 120-day
period, the Commission shall submit to the appropriate
congressional committees a preliminary report on the
petitions for duty suspensions and reductions submitted
under paragraph (1)(A). The preliminary report shall
contain the following information with respect to each
petition for a duty suspension or reduction:
(I) The heading or subheading of the Harmonized
Tariff Schedule of the United States in which each
article that is the subject of the petition for the
duty suspension or reduction is classified, as
identified by documentation supplied to the Commission,
and any supporting information obtained by the
Commission.
(II) A determination of whether or not domestic
production of the article that is the subject of the
petition for the duty suspension or reduction exists,
taking into account the report of the Secretary of
Commerce under subsection (c)(1), and, if such
production exists, whether or not a domestic producer
of the article objects to the duty suspension or
reduction.
(III) Any technical changes to the article
description of the article that is the subject of the
petition for the duty suspension or reduction that are
necessary for purposes of administration when the
article is presented for importation, taking into
account the report of the Secretary of Commerce under
subsection (c)(2).
(IV) An estimate of the amount of loss in revenue
to the United States that would no longer be collected
if the duty suspension or reduction takes effect.
(V) A determination of whether or not the duty
suspension or reduction is available to any person that
imports the article that is the subject of the duty
suspension or reduction.
(VI) The likely beneficiaries of each duty
suspension or reduction, including whether the
petitioner is a likely beneficiary.
(ii) Categories of information.--The preliminary report
submitted under clause (i) shall also contain the following
information:
(I) A list of petitions for duty suspensions and
reductions that meet the requirements of this Act
without modifications.
(II) A list of petitions for duty suspensions and
reductions for which the Commission recommends
technical corrections in order to meet the requirements
of this Act, with the correction specified.
(III) A list of petitions for duty suspensions and
reductions for which the Commission recommends
modifications to the amount of the duty suspension or
reduction that is the subject of the petition to comply
with the requirements of this Act, with the
modification specified.
(IV) A list of petitions for duty suspensions and
reductions for which the Commission recommends
modifications to the scope of the articles that are the
subject of such petitions to address objections by
domestic producers to such petitions, with the
modifications specified.
(V) A list of the following:
(aa) Petitions for duty suspensions and
reductions that the Commission has determined do
not contain the information required under
paragraph (2).
(bb) Petitions for duty suspensions and
reductions with respect to which the Commission has
determined the petitioner is not a likely
beneficiary.
(VI) A list of petitions for duty suspensions and
reductions that the Commission does not recommend for
inclusion in a miscellaneous tariff bill, other than
petitions specified in subclause (V).
(D) Additional information.--The Commission shall consider
any information submitted by the appropriate congressional
committees to the Commission relating to moving a petition that
is contained in the list referred to in subclause (VI) of
subparagraph (C)(ii) of the preliminary report submitted under
subparagraph (C) to a list referred to in subclause (I), (II),
(III), or (IV) of subparagraph (C)(ii).
(E) Final report.--Not later than 60 days after the date on
which the preliminary report is submitted under subparagraph
(C), the Commission shall submit to the appropriate
congressional committees a final report on each petition for a
duty suspension or reduction specified in the preliminary
report. The final report shall contain with respect to each
such petition--
(i) the information required under clauses (i) and (ii)
of subparagraph (C) and updated as appropriate under
subparagraph (D); and
(ii) a determination of the Commission whether--
(I) the duty suspension or reduction can likely be
administered by U.S. Customs and Border Protection;
(II) the estimated loss in revenue to the United
States from the duty suspension or reduction does not
exceed $500,000 in a calendar year during which the
duty suspension or reduction would be in effect; and
(III) the duty suspension or reduction is available
to any person importing the article that is the subject
of the duty suspension or reduction.
(F) Exclusions.--The appropriate congressional committees
may exclude from a miscellaneous tariff bill any petition for a
duty suspension or reduction that--
(i) is contained in any list referred to in subclause
(I), (II), (III), or (IV) of subparagraph (C)(ii), as
updated as appropriate under subparagraph (E)(i);
(ii) is the subject of an objection from a Member of
Congress; or
(iii) is for an article for which there is domestic
production.
(G) Estimates by the congressional budget office.--For
purposes of reflecting the estimate of the Congressional Budget
Office, the appropriate congressional committees shall adjust
the amount of a duty suspension or reduction in a miscellaneous
tariff bill only to assure that the estimated loss in revenue
to the United States from that duty suspension or reduction, as
estimated by the Congressional Budget Office, does not exceed
$500,000 in a calendar year during which the duty suspension or
reduction would be in effect.
(H) Prohibitions.--Any petitions for duty suspensions or
reductions that are contained in any list referred to in
subclause (V) or (VI) of subparagraph (C)(ii), as updated as
appropriate under subparagraph (E)(i), or have not otherwise
undergone the processes required by this Act shall not be
included in a miscellaneous tariff bill.
(4) Confidential business information.--The procedures
concerning the release of confidential business information set
forth in section 332(g) of the Tariff Act of 1930 (19 U.S.C.
1332(g)) shall apply with respect to information received by the
Commission in posting petitions on a publicly available website of
the Commission and in preparing reports under this subsection.
(5) Procedures.--The Commission shall prescribe and publish in
the Federal Register and on a publicly available Internet website
of the Commission procedures to be complied with by members of the
public submitting petitions for duty suspensions and reductions
under subsection (b)(1)(A).
(c) Department of Commerce Report.--Not later than the end of the
90-day period beginning on the date of publication of the petitions for
duty suspensions and reductions under subsection (b)(3)(A), the
Secretary of Commerce, in consultation with U.S. Customs and Border
Protection and other relevant Federal agencies, shall submit to the
Commission and the appropriate congressional committees a report on
each petition for a duty suspension or reduction submitted under
subsection (b)(1)(A) that includes the following information:
(1) A determination of whether or not domestic production of
the article that is the subject of the petition for the duty
suspension or reduction exists and, if such production exists,
whether or not a domestic producer of the article objects to the
petition for the duty suspension or reduction.
(2) Any technical changes to the article description that are
necessary for purposes of administration when articles are
presented for importation.
SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON UNITED
STATES ECONOMY.
(a) In General.--Not later than 12 months after the date of the
enactment of a miscellaneous tariff bill, the Commission shall submit
to the appropriate congressional committees a report on the effects on
the United States economy of duty suspensions and reductions enacted
pursuant to this Act, including a broad assessment of the economic
effects of such duty suspensions and reductions on producers,
purchasers, and consumers in the United States, using case studies
describing such effects on selected industries or by type of article as
available data permit.
(b) Recommendations.--The Commission shall also solicit and append
to the report required under subsection (a) recommendations with
respect to those domestic industry sectors or specific domestic
industries that might benefit from permanent duty suspensions and
reductions, either through a unilateral action of the United States or
though negotiations for reciprocal tariff agreements, with a particular
focus on inequities created by tariff inversions.
(c) Form of Report.--Each report required by this section shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN THE HOUSE OF
REPRESENTATIVES AND THE SENATE.
(a) House of Representatives.--
(1) In general.--The chair of the Committee on Ways and Means
of the House of Representatives shall include a list of limited
tariff benefits contained in a miscellaneous tariff bill in the
report to accompany such a bill or, in a case where a miscellaneous
tariff bill is not reported by the committee, shall cause such a
list to be printed in the appropriate section of the Congressional
Record.
(2) Limited tariff benefit defined.--For purposes of this
subsection and consistent with clause 9 of rule XXI of the Rules of
the House of Representatives, as in effect during the One Hundred
Fourteenth Congress, the term ``limited tariff benefit'' means a
provision modifying the Harmonized Tariff Schedule of the United
States in a manner that benefits 10 or fewer entities.
(b) Senate.--
(1) In general.--The chairman of the Committee on Finance of
the Senate, the Majority Leader of the Senate, or the designee of
the Majority Leader of the Senate, shall provide for the
publication in the Congressional Record of a certification that--
(A) each limited tariff benefit contained in a
miscellaneous tariff bill considered in the Senate has been
identified through lists, charts, or other similar means; and
(B) the information identified in subparagraph (A) has been
available on a publicly accessible congressional website in a
searchable format at least 48 hours before the vote on the
motion to proceed to the miscellaneous tariff bill or the vote
on the adoption of a report of a committee of conference in
connection with the miscellaneous tariff bill, as the case may
be.
(2) Satisfaction of senate rules.--Publication of a
certification in the Congressional Record under paragraph (1)
satisfies the certification requirements of paragraphs 1(a), 2(a),
and 3(a) of rule XLIV of the Standing Rules of the Senate.
(3) Limited tariff benefit defined.--For purposes of this
subsection and consistent with rule XLIV of the Standing Rules of
the Senate, as in effect during the One Hundred Fourteenth
Congress, the term ``limited tariff benefit'' means a provision
modifying the Harmonized Tariff Schedule of the United States in a
manner that benefits 10 or fewer entities.
(c) Enactment as Exercise of Rulemaking Power of House of
Representatives and Senate.--This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such are
deemed a part of the rules of each House, respectively, and such
procedures supersede other rules only to the extent that they are
inconsistent with such other rules; and
(2) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of
that House) at any time, in the same manner, and to the same extent
as in the case of any other rule of that House.
SEC. 6. JUDICIAL REVIEW PRECLUDED.
The exercise of functions under this Act shall not be subject to
judicial review.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate.
(2) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(3) Commission disclosure form.--The term ``Commission
disclosure form'' means, with respect to a petition for a duty
suspension or reduction, a document submitted by a petitioner to
the Commission that contains the following:
(A) The contact information for any known importers of the
article to which the proposed duty suspension or reduction
would apply.
(B) A certification by the petitioner that the proposed
duty suspension or reduction is available to any person
importing the article to which the proposed duty suspension or
reduction would apply.
(C) A certification that the petitioner is a likely
beneficiary of the proposed duty suspension or reduction.
(4) Domestic producer.--The term ``domestic producer'' means a
person that demonstrates production, or imminent production, in the
United States of an article that is identical to, or like or
directly competitive with, an article to which a petition for a
duty suspension or reduction would apply.
(5) Domestic production.--The term ``domestic production''
means the production of an article that is identical to, or like or
directly competitive with, an article to which a petition for a
duty suspension or reduction would apply, for which a domestic
producer has demonstrated production, or imminent production, in
the United States.
(6) Duty suspension or reduction.--The term ``duty suspension
or reduction'' refers to an amendment to subchapter II of chapter
99 of the Harmonized Tariff Schedule of the United States for a
period not to exceed 3 years that--
(A) extends an existing temporary duty suspension or
reduction on an article under that subchapter; or
(B) provides for a new temporary duty suspension or
reduction on an article under that subchapter.
(7) Likely beneficiary.--The term ``likely beneficiary'' means
an individual or entity likely to utilize, or benefit directly from
the utilization of, an article that is the subject of a petition
for a duty suspension or reduction.
(8) Member of congress.--The term ``Member of Congress'' means
a Senator or Representative in, or Delegate or Resident
Commissioner to, Congress.
(9) Miscellaneous tariff bill.--The term ``miscellaneous tariff
bill'' means a bill of either House of Congress that contains only
duty suspensions and reductions and related technical corrections
that--
(A) are included in the final report of the Commission
submitted to the appropriate congressional committees under
section 3(b)(3)(E), except for--
(i) petitions for duty suspensions or reductions that
the Commission has determined do not contain the
information required under section 3(b)(2);
(ii) petitions for duty suspensions and reductions with
respect to which the Commission has determined the
petitioner is not a likely beneficiary; and
(iii) petitions for duty suspensions and reductions
that the Commission does not recommend for inclusion in the
miscellaneous tariff bill;
(B) are not excluded under section 3(b)(3)(F); and
(C) otherwise meet the applicable requirements of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.