118 S1782 IS: Formula 3.0 Act
U.S. Senate
2023-05-31
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II
118th CONGRESS
1st Session
S. 1782
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.
1.

Short title
This Act may be cited as the “Formula 3.0 Act”.
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 containing oligosaccharides | Free | | $1.217/ kg+ 17.5%” |
.
(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 containing oligosaccharides | Free | | $1.217/ kg+ 17.5%” |
.
(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 powder, as defined in additional U.S. note 4 to this chapter | Free | | $1.127/kg + 16% |
| 1901.90.58 | Other | $1.035/kg +13.6% | Free (BH, CL, JO, KR, MA, OM, PE, SG) 20.7¢/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) | $1.127/kg + 16%” |
.
(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.