[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5161 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5161

 To provide for the liquidation or reliquidation of certain entries of 
   products of European Union member states, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 1, 2022

  Mr. Menendez (for himself and Mr. Cassidy) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To provide for the liquidation or reliquidation of certain entries of 
   products of European Union member 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 maybe cited as the ``For Accurate Import Relief To Aid 
Retailers and Importers of Foreign Freights Act of 2022'' or the ``FAIR 
TARIFF Act of 2022''.

SEC. 2. CERTAIN ENTRIES OF PRODUCTS OF EUROPEAN UNION MEMBER STATES.

    (a) Products Entered During the 60-Day Period Beginning on October 
18, 2019.--Notwithstanding sections 514 and 520 of the Tariff Act of 
1930 (19 U.S.C. 1514 and 1520), or any other provision of law, U.S. 
Customs and Border Protection shall--
            (1) liquidate or reliquidate each entry of a product--
                    (A) provided for in subheading 9903.89.10, 
                9903.89.13, 9903.89.16, 9903.89.19, 9903.89.22, 
                9903.89.25, 9903.89.28, 9903.89.31, 9903.89.34, 
                9903.89.37, 9903.89.40, 9903.89.43, 9903.89.46, or 
                9903.89.49 of the HTS; and
                    (B) that was entered for consumption, or withdrawn 
                from warehouse for consumption, during the 60-day 
                period beginning on October 18, 2019; and
            (2) refund to the importer of record the amount of 
        additional duties previously collected on the entry of that 
        product by reason of the application of the applicable 
        subheading of the HTS described in paragraph (1)(A) to the 
        product.
    (b) Products Entered During the 60-Day Period Beginning on January 
12, 2021.--Notwithstanding sections 514 and 520 of the Tariff Act of 
1930 (19 U.S.C. 1514 and 1520), or any other provision of law, U.S. 
Customs and Border Protection shall--
            (1) liquidate or reliquidate each entry of a product--
                    (A) provided for in subheading 9903.89.57, 
                9903.89.59, 9903.89.61, or 9903.89.63 of the HTS; and
                    (B) that was entered for consumption, or withdrawn 
                from warehouse for consumption, during the 60-day 
                period beginning on January 12, 2021; and
            (2) refund to the importer of record the amount of 
        additional duties previously collected on the entry of that 
        product by reason of the application of the subheading of the 
        HTS described in paragraph (1)(A) to the product.
    (c) Requests.--A liquidation or reliquidation may be made under 
subsection (a) or (b) with respect to an entry of products only if a 
request therefor is filed with U.S. Customs and Border Protection, not 
later than 1 year after the date of the enactment of this Act, that 
contains sufficient information to enable U.S. Customs and Border 
Protection--
            (1) to either--
                    (A) locate the entry; or
                    (B) to reconstruct the entry if it cannot be 
                located; and
            (2) to verify the eligibility of the request.
    (d) Refund of Amounts Owed.--
            (1) Unliquidated entries.--For an entry described in 
        subsection (a) or (b) that is unliquidated, any duties, 
        including interest, eligible for a refund under subsection (a) 
        or (b) shall be processed for purposes of liquidation in 
        accordance with sections 504 and 505 of the Tariff Act of 1930 
        (19 U.S.C. 1504 and 1505).
            (2) Reliquidated entries.--Any amounts owed by the United 
        States pursuant to a reliquidation of an entry described in 
        subsection (a) or (b) (including interest from the date of 
        entry) shall be refunded not later than 180 days after the date 
        of the application for refund for the entry is made to U.S. 
        Customs and Border Protection.
            (3) Refund application process.--U.S. Customs and Border 
        Protection shall--
                    (A) develop an application process for requesting 
                refunds under subsections (a) and (b); and
                    (B) make the process available to the public not 
                later than 90 days after the date of the enactment of 
                this Act.
    (e) HTS Defined.--In this section, the term ``HTS'' means the 
Harmonized Tariff Schedule of the United States.

SEC. 3. ADVANCE NOTICE WITH RESPECT TO CERTAIN ACTIONS UNDER SECTION 
              301 OF THE TRADE ACT OF 1974.

    (a) In General.--Section 306(b) of the Trade Act of 1974 (19 U.S.C. 
2416(b)) is amended by adding at the end the following:
            ``(3) Advance notice.--The Trade Representative may not 
        provide for an effective date of any action described in 
        subparagraph (A) or (B) of section 301(c)(1) with respect to an 
        increase in the duty rate of a good of a foreign country (other 
        than a nonmarket economy country (as that term is defined in 
        section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) 
        by reason of the good being--
                    ``(A) included on a retaliation list or revised 
                retaliation list under this subsection, or
                    ``(B) subject to any other action under 
                subparagraph (A) or (B) of such section,
        that is earlier than the date that is 60 days after notice of 
        the action is published in the Federal Register.''.
    (b) Effective Date.--The amendment made by subsection (a)--
            (1) takes effect on the date of the enactment of this Act; 
        and
            (2) applies with respect to--
                    (A) any good included on a retaliation list under 
                section 306(b) of the Trade Act of 1974 (19 U.S.C. 
                2416(b)) that is published in the Federal Register on 
                or after the date that is 30 days after the date of the 
                enactment of this Act; and
                    (B) any good that is subject to any other action 
                under subparagraph (A) or (B) of section 301(c)(1) of 
                such Act (19 U.S.C. 2411(c)(1)) that becomes effective 
                on or after the date that is 30 days after the date of 
                the enactment of this Act.
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