[Congressional Record Volume 142, Number 55 (Thursday, April 25, 1996)]
[Senate]
[Pages S4194-S4195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                            By Mr. THURMOND:

  S. 1705. A bill to eliminate the duties on Tetraamino Biphenyl; to 
the Committee on Finance.


                      DUTY ELIMINATION LEGISLATION

  Mr. THURMOND. Mr. President, today I am introducing legislation to 
permanently suspend the duty on the chemical tetra amino biphenyl 
[TAB]. This chemical is imported to the United States from Germany. TAB 
is an essential raw material used in the production of a high 
performance fiber called ``PBI.''

  PBI is a unique heat and chemical resistant fiber that, in some uses, 
can be a suitable replacement for asbestos. PBI has a wide range of 
thermal protective applications including flight suits and garments for 
firefighters, boiler tenders, and refinery workers.
  Mr. President, in previous Congresses, I introduced similar 
legislation to apply duty-free treatment to TAB. These bills were 
ultimately incorporated into the Omnibus Tariff and Trade Act of 1984, 
the Omnibus Trade Act of 1988, and the Customs and Trade Act of 1990. 
The current duty suspension for this chemical expired December 31, 
1992.
  During the Uruguay Round negotiations, the Administration made a 
commitment to negotiate the elimination of duties on products covered 
by duty suspension legislation. However, TAB was inadvertently deleted 
from Tariff Schedule XX during talks on the GATT Agreement. This 
chemical has been on the duty suspension list for several years. It is 
a noncontroversial item and should have been included in the final 
Tariff Schedule XX approved at Marrakesh.
  Mr. President, it is my understanding that TAB was on the original 
Department of Commerce ``Consolidated Duty Suspension List'' of 
products to be incorporated into the U.S. offer and on subsequent 
offers until the final document was prepared in March. The February 
25th offer, which was the last list made available to the public, 
included TAB as ``free'' under the proposed HTS 2921.59.14. When the 
importing company asked why it was deleted, they were told that it was 
incorporated into either the pharmaceutical or intermediate chemicals 
for dyes lists.
  Recently, importers were surprised to discover that TAB was not 
covered under any duty suspension and would be assessed a 12.8 percent 
duty. According to the company, it is not covered under any tariff 
heading, no industry opposition has been found, and no instructions 
were issued which would have deleted TAB from the list. I hope the 
Senate will consider this measure expeditiously.
  I ask unanimous consent that the text of this bill be printed in the 
Record.

[[Page S4195]]

  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1705

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ELIMINATION OF DUTIES ON 3,3'-DIAMINOBENZIDINE 
                   (TETRAAMINO BIPHENYL).

       (a) Elimination of Duties.--The President--
       (1) shall proclaim duty-free entry for 3,3'-
     diaminobenzidine (Tetraamino Biphenyl), to be effective with 
     respect to the entry of goods on or after January 1, 1995, 
     and
       (2) shall take such actions as are necessary to reflect 
     such tariff treatment in Schedule XX, as defined in section 
     2(5) of the Uruguay Round Agreements Act (19 U.S.C. 3501(5).
       (b) Liquidation or Reliquidation and Refund of Duty Paid on 
     Entries.--
       (1) Liquidation or reliquidation.--Notwithstanding section 
     514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other 
     provision of law, and subject to paragraph (2), the Secretary 
     of the Treasury shall liquidate or reliquidate any entry of 
     goods described in subsection (a) that was made on or after 
     January 1, 1995, and before the proclamation is issued under 
     subsection (a), and refund any duty or excess duty that was 
     paid on such entry.
       (2) Requests.--Liquidation or reliquidation may be made 
     under paragraph (1) with respect to any entry only if a 
     request therefor is filed with the Customs Service, within 
     180 days after the date of the enactment of this Act, that 
     contains sufficient information to enable the Customs 
     Service--
       (A) to locate the entry; or
       (B) to reconstruct the entry if it cannot be located.

     SEC. 2. DEFINITION.

       As used in this Act, the term ``entry'' includes a 
     withdrawal from warehouse for consumption.
                                 ______