[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8982 Enrolled Bill (ENR)]

        H.R.8982

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two


                                 An Act


 
To amend the Harmonized Tariff Schedule of the United States to suspend 
  temporarily rates of duty on imports of certain infant formula base 
powder used in the manufacturing of infant formula in the United States, 
                         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 ``Bulk Infant Formula to Retail 
Shelves Act''.
SEC. 2. TEMPORARY DUTY SUSPENSIONS FOR INFANT FORMULA BASE POWDER.
    (a) In General.--Subchapter III of chapter 99 of the Harmonized 
Tariff Schedule of the United States (in the section referred to as the 
``HTS'') is amended by inserting the following new subheading in 
numerical sequence:


``              ..............  Infant formula      ..............  ...............  ..............
                                 base powder to be
                                 used in
                                 manufacturing
                                 infant formula in
                                 the United
                                 States, exported
                                 on or before
                                 November 14,
                                 2022, by a party
                                 that has been
                                 determined by the
                                 Food and Drug
                                 Administration to
                                 be authorized to
                                 lawfully market
                                 infant formula in
                                 the United States
                                 or has received a
                                 letter of
                                 enforcement
                                 discretion from
                                 the Food and Drug
                                 Administration
                                 relating to the
                                 marketing of its
                                 infant formula in
                                 the United
                                 States:
                9903.19.23        Provided for in   Free            No change        No change           ''.
                                   subheading
                                   1901.90.62.....


    (b) Definition and Applicability.--The U.S. Notes to subchapter III 
of chapter 99 of the HTS are amended by adding at the end following:
        ``21.(a) For purposes of subheading 9903.19.23, the term 
    `infant formula base powder' means a dry mixture of protein, fat, 
    and carbohydrates that requires only the addition of vitamins and 
    minerals in order to meet the definition of the term `infant 
    formula' in section 201(z) of the Federal Food, Drug, and Cosmetic 
    Act (21 U.S.C. 321(z)).
        ``(b) The necessary proof that an import is a qualifying infant 
    formula base powder under subheading 9903.19.23 shall be 
    established by a written notice from the Food and Drug 
    Administration that the base powder shipment qualifies for 
    importation under such subheading.
        ``(c) The duty-free treatment of infant formula base powder set 
    forth in subheading 9903.19.23 shall apply only with respect to the 
    importation of an aggregate quantity not exceeding 2,600 metric 
    tons of such infant formula base powder.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to goods entered, or withdrawn from warehouse 
for consumption, during the period beginning on the third day after the 
date of enactment of this Act and ending at the close of December 31, 
2022.
    (d) Waiver of Other Duties or Safeguards.-- Notwithstanding any 
other provision of law, during the period described in subsection (c), 
articles of infant formula base powder that are classifiable under 
subheading 9903.19.23 of the HTS, as added by the amendment made by 
subsection (a), shall not be subject to any additional safeguard duties 
that may be imposed under subchapter IV of chapter 99 of the HTS.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.