117 S2937 IS: Increasing American Ferrosilicon Production Act U.S. Senate 2023-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2937IN THE SENATE OF THE UNITED STATESSeptember 27 (legislative day, September 22), 2023Mr. Brown (for himself and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo increase the rate of duty applicable to certain ferrosilicon produced in the Russian Federation or the Republic of Belarus and to require a domestic production assessment before increasing rates of duty applicable to products of the Russian Federation and the Republic of Belarus under the Suspending Normal Trade Relations with Russia and Belarus Act, and for other purposes.

1.

Short title

This Act may be cited as the Increasing American Ferrosilicon Production Act.

2.

Increase in rate of duty for certain ferrosilicon imported from the Russian Federation and the Republic of Belarus

(a)

In general

Pursuant to the authority provided by section 3(b) of the Suspending Normal Trade Relations with Russia and Belarus Act (Public Law 117–110; 19 U.S.C. 2434 note), the President shall proclaim an increase in the rate of duty applicable to ferrosilicon described in subsection (b) to 35 percent ad valorem.(b)

Ferrosilicon described

Ferrosilicon described in this subsection is ferrosilicon—(1)classified under subheading 7202.21.50 of the Harmonized Tariff Schedule of the United States; and(2)produced in the Russian Federation or the Republic of Belarus.

3.

Modification of authority to proclaim increased rates of duty for products of the Russian Federation and the Republic of Belarus

(a)

Requirement for domestic production assessment

Section 3(b) of the Suspending Normal Trade Relations with Russia and Belarus Act (Public Law 117–110; 19 U.S.C. 2434 note) is amended—(1)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and(2)by inserting after paragraph (1) the following:(2)

Domestic production assessment

(A)

Comment period

Not later than 30 days after the date of the enactment of the Increasing American Ferrosilicon Production Act, the United States Trade Representative shall publish in the Federal Register a notice providing for a comment period, which shall remain open until the date specified in paragraph (4), for the submission of comments regarding—(i)which products of the Russian Federation or the Republic of Belarus are also produced in the United States; and(ii)for each such product—(I)the ability of United States producers to increase production to meet demand in the United States for the product, accounting for any projected decreases in imports of the product from the Russian Federation or the Republic of Belarus that would result from increased rates of duty proclaimed under paragraph (1) with respect to such imports; and(II)data supporting information submitted under subclause (I).(B)

Notification to congress

If, based on an assessment of comments submitted under subparagraph (A), the Trade Representative determines that United States producers have the ability to increase production to meet United States demand for a product described in clause (i) of that subparagraph, the Trade Representative shall—(i)notify Congress;(ii)indicate whether the President will proclaim an increase in the rate of duty applicable to imports of the product from the Russian Federation or the Republic of Belarus under paragraph (1); and(iii)if the President will not proclaim such an increase, explain the reasoning for the decision not to proclaim such an increase..(b)

Extension of authority

Paragraph (4) of section 3(b) of the Suspending Normal Trade Relations with Russia and Belarus Act (Public Law 117–110; 19 U.S.C. 2434 note), as redesignated by subsection (a)(2), is further amended by striking 2024 and inserting 2025.