[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3778 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3778
To provide for the entry of infant formula and infant formula base
powder free of duty and free of quantitative limitation.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 31, 2023
Mr. Smith of Nebraska (for himself and Mr. Beyer) introduced the
following bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To provide for the entry of infant formula and infant formula base
powder free of duty and free of quantitative limitation.
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 ``Formula 3.0 Act''.
SEC. 2. DUTY-FREE ENTRY OF INFANT FORMULA; TERMINATION OF TARIFF-RATE
QUOTA ON INFANT FORMULA.
(a) In General.--Chapter 19 of the Harmonized Tariff Schedule of
the United States is amended as follows:
(1) By striking Additional U.S. Note 2.
(2) By inserting after Additional U.S. Note 3 the
following:
``4. For purposes of subheading 1901.90.57, 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))
and that is--
``(a) imported by a party that--
``(1) has been determined by the Food and Drug
Administration to be authorized to lawfully market
infant formula in the United States; or
``(2) has received a letter of enforcement
discretion for the Food and Drug Administration
relating to the marketing of its infant formula in the
United States; and
``(b) intended to be used in manufacturing infant formula
in the United States.''.
(3) By striking subheadings 1901.10.11 and 1901.10.16 and
the superior text to such subheadings and inserting the
following, with the article description having the same degree
of indentation as the article description for subheading
1901.10.62:
`` 1901.10.12 Infant formula Free ................... $1.217/ kg+ 17.5% ''
containing .
oligosaccharides..
(4) By striking subheadings 1901.10.26 and 1901.10.29 and
inserting the following, with the article description for
subheading 1901.10.23 having the same degree of indentation as
the article description for subheading 1901.10.21:
`` 1901.10.23 Infant formula... Free ................... $1.217/kg + 17.5%
1901.10.24 Other............ $1.035/kg + 14.9% ................... $1.217/kg + 17.5%
............... Other: ................... ................... ...................
1901.10.25 Infant formula... Free ................... 35%
1901.10.28 Other............ 14.9% ................... 35% ''
.
(5) By striking subheadings 1901.10.33 and 1901.10.36 and
the superior text to such subheadings and inserting the
following, with the article description having the same degree
of indentation as the article description for subheading
1901.10.62:
`` 1901.10.34 Infant formula Free ................... $1.217/ kg+ 17.5% ''
containing .
oligosaccharides..
(6) By redesignating subheadings 1901.90.60 and 1901.90.61
as subheadings 1901.90.55 and 1901.90.56, respectively.
(7) By striking subheading 1901.90.62 and inserting the
following, with the article description having the same degree
of indentation as the article description for subheading
1901.10.56, as redesignated by paragraph (6):
`` 1901.90.57 Infant formula base Free ................... $1.127/kg + 16%
powder, as defined
in additional U.S.
note 4 to this
chapter...........
1901.90.58 Other.............. $1.035/kg +13.6% Free (BH, CL, JO, $1.127/kg + 16% ''
KR, MA, OM, PE, .
SG)
20.7 cents/kg +
2.7% (P, PA)
See 9822.04.25 (AU)
See 9823.08.01-
9823.08.38 (S+)
See 9915.04.30,
9915.04.50,
9915.04.74 (P+)
See 9918.04.60-
9918.04.80 (CO)
(b) Conforming Amendments.--Additional U.S. Note 10 to chapter 4 of
the Harmonized Tariff Schedule of the United States is amended by
striking ``1901.90.61'' and inserting ``1901.90.56''.
(c) Effective Date.--The amendments made by this section apply with
respect to articles entered, or withdrawn for warehouse for
consumption, on or after the date that is 120 days after the date of
the enactment of this Act.
<all>