[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.