[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4923 Reported in House (RH)]
<DOC>
Union Calendar No. 399
114th CONGRESS
2d Session
H. R. 4923
[Report No. 114-519, Part I]
To establish a process for the submission and consideration of
petitions for temporary duty suspensions and reductions, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 13, 2016
Mr. Brady of Texas (for himself, Mr. Levin, Mr. Reichert, Mr. Rangel,
Mr. Tiberi, Mr. Blumenauer, Mr. Reed, Mr. Pascrell, Mr. Renacci, Mr.
Danny K. Davis of Illinois, Mr. Walker, Mr. Clyburn, Mr. Mulvaney, Mr.
Michael F. Doyle of Pennsylvania, Mr. McClintock, Mr. Bishop of
Georgia, Mr. Rokita, Mr. Courtney, and Mr. Blum) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
April 25, 2016
Additional sponsors: Mr. Duffy, Mrs. Love, Mr. Nunes, Mr. Paulsen, Mr.
Meehan, Mr. Kelly of Pennsylvania, Mr. Dold, Mr. Roskam, Mr. Smith of
Nebraska, Mr. Newhouse, Mr. Curbelo of Florida, Mr. Dent, Mr.
Luetkemeyer, Mr. Holding, Mr. Bishop of Michigan, Mr. Emmer of
Minnesota, Mr. Messer, Mr. Rodney Davis of Illinois, Mrs. Noem, Mr.
King of New York, Ms. Adams, Mr. Kind, Ms. Brownley of California, Mr.
Lewis, Mr. Thompson of California, Mr. Johnson of Georgia, Mr. Polis,
Mr. Garamendi, Mr. Boustany, Mr. Weber of Texas, Mr. Moolenaar, Mr.
Rouzer, Mr. Cuellar, Mr. Roe of Tennessee, Mrs. Walorski, Ms. McSally,
Mrs. Comstock, Mrs. Ellmers of North Carolina, Mr. Aderholt, Mr.
Calvert, Mr. Crawford, Mr. Gosar, and Mr. Graves of Missouri
April 25, 2016
Reported from the Committee on Ways and Means with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
April 25, 2016
The Committee on Rules discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
13, 2016]
_______________________________________________________________________
A BILL
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.
Union Calendar No. 399
114th CONGRESS
2d Session
H. R. 4923
[Report No. 114-519, Part I]
_______________________________________________________________________
A BILL
To establish a process for the submission and consideration of
petitions for temporary duty suspensions and reductions, and for other
purposes.
_______________________________________________________________________
April 25, 2016
Reported from the Committee on Ways and Means with an amendment
April 25, 2016
The Committee on Rules discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed