[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2794 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2794

    To establish a process for the submission and consideration of 
petitions for temporary duty suspensions and reductions, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2016

  Mr. Hatch (for himself, Mr. Wyden, Mr. Portman, Mrs. McCaskill, Mr. 
 Burr, Mr. Casey, Mr. Toomey, Mr. Brown, Mr. Cornyn, Mr. Isakson, Mr. 
  Flake, and Mr. Coats) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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) a list of 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 list of 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 in the Federal 
                        Register and on a publicly available Internet 
                        website of the Commission 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 
                        that--
                                    (I) the duty suspension or 
                                reduction can 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, as determined by 
                                the Congressional Budget Office; 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) 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 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 May 1, 2018, and May 1, 2020, 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 
through 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.
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