[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8059 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8059

  To eliminate the incentive to distribute e-commerce shipments from 
 foreign countries by providing parity to United States foreign-trade 
                     zones, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 2024

 Mr. Wenstrup (for himself, Mr. Correa, Mrs. Miller of West Virginia, 
 Mr. Gallego, Mr. Fitzpatrick, and Mr. Carey) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To eliminate the incentive to distribute e-commerce shipments from 
 foreign countries by providing parity to United States foreign-trade 
                     zones, 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 ``U.S. Foreign Trade Zone Parity Act 
of 2024''.

SEC. 2. CUSTOMS ENTRY PROCEDURES FOR ARTICLES WITHDRAWN FROM A FOREIGN-
              TRADE ZONE.

    (a) In General.--Section 321 of the Tariff Act of 1930 (19 U.S.C. 
1321) is amended--
            (1) in subsection (a)(2), in the matter preceding 
        subparagraph (A)--
                    (A) by inserting ``or withdrawal from a foreign 
                trade zone and subsequent entry for consumption'' after 
                ``by reason of importation'';
                    (B) by inserting ``or in a foreign-trade zone'' 
                after ``in the country of shipment'';
                    (C) by inserting ``, or if withdrawn from a 
                foreign-trade zone on one invoice or order for one 
                ultimate consignee on one day,'' after ``one person on 
                one day''; and
                    (D) by striking ``subdivision (2)'' each place it 
                appears and inserting ``paragraph (2)''; and
            (2) by adding at the end the following:
    ``(c) In this section, the term `foreign-trade zone' means a zone 
established pursuant to the Act of June 18, 1934 (commonly known as the 
`Foreign-Trade Zones Act') (19 U.S.C. 81a et seq.).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply with 
respect to articles entered on or after the 30th day after the date on 
which final regulations to implement this Act and the amendments made 
by this Act take effect in accordance with section 4(b).

SEC. 3. TREATMENT OF E-COMMERCE UNDER FOREIGN-TRADE ZONES ACT.

    (a) In General.--Section 15(d) of the Act of June 18, 1934 
(commonly known as the ``Foreign-Trade Zones Act'') (19 U.S.C. 81o(d)) 
is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following:
    ``(2)(A) In this subsection, the term `retail trade' does not 
include any electronic commerce transaction in which articles with a 
fair retail value in the country of shipment or in a foreign-trade zone 
of less than the amount specified in section 321(a)(2)(C) of the Tariff 
Act of 1930 (19 U.S.C. 1321(a)(2)(C)) are withdrawn from a zone.
    ``(B) For purposes of subparagraph (A), the term `electronic 
commerce' means the production, distribution, marketing, sale, or 
delivery of goods and services by electronic means.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date on which the final regulations to implement 
this Act and the amendments made by this Act take effect in accordance 
with section 4(b).

SEC. 4. PROPOSED AND FINAL REGULATIONS.

    (a) Proposed Regulations.--
            (1) In general.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary of the Treasury, in 
        coordination with the Secretary of Homeland Security and the 
        Secretary of Commerce, shall prescribe proposed regulations to 
        implement this Act and the amendments made by this Act in 
        accordance with the requirements described in this section.
            (2) Matters to be included.--The regulations described in 
        paragraph (1) shall, at minimum--
                    (A) use a distinct valuation method under section 
                146.65(b)(2) of title 19, Code of Federal Regulations, 
                for calculation of dutiable value of entries made under 
                section 321(a)(2) of the Tariff Act of 1930 (19 U.S.C. 
                1321(a)(2)), as amended by section 2(a)(1), from the 
                foreign trade zone; and
                    (B) require such calculation of dutiable value to 
                be based on the transaction value at the time of 
                withdrawal from the foreign trade zone.
            (3) Requirements.--The Secretary of the Treasury, in 
        coordination with the Secretary of Homeland Security and the 
        Secretary of Commerce, shall--
                    (A) publish the proposed regulations described in 
                paragraph (1) in the Federal Register and provide for a 
                60-day period for public review and comment on such 
                regulations; and
                    (B) not later than 90 days after the expiration of 
                the 60-day period described in subparagraph (A), submit 
                the proposed regulations to Congress for review and 
                consultation by Congress on such regulations.
    (b) Final Regulations.--Final regulations to implement this Act and 
the amendments made by this Act may take effect only if a period of not 
less than 60 days, beginning on the first day on which the requirements 
described in subparagraphs (A) and (B) of subsection (a)(3) have been 
met, has expired.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in Act or the amendments made by this Act may be construed 
to affect the administration of section 484(i) of the Tariff Act of 
1930 (19 U.S.C. 1484(i)) or section 15(d) of the Act of June 18, 1934 
(commonly known as the ``Foreign-Trade Zones Act'') (19 U.S.C. 81o(d)).
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