[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1782 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1782

  To provide for the entry of infant formula and infant formula base 
        powder free of duty and free of quantitative limitation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 31 (legislative day, May 30), 2023

 Mr. Lee (for himself, Mr. Menendez, Mrs. Britt, Mr. Wicker, Mr. Budd, 
and Mr. Daines) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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.
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