[Congressional Record Volume 144, Number 42 (Friday, April 3, 1998)]
[Senate]
[Pages S3219-S3222]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 1936. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of anti-cancer drugs; to the Committee on 
Finance.
  S. 1937. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of anti-cancer drugs; to the Committee on 
Finance.
  S. 1938. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of anti-cancer drugs; to the Committee on 
Finance.
  S. 1939. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of anti-cancer drugs; to the Committee on 
Finance.
  S. 1940. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of anti-cancer drugs; to the Committee on 
Finance.
  S. 1941. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of anti-cancer drugs; to the Committee on 
Finance.
  S. 1942. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of HIV protease inhibitor; to the Committee on 
Finance.
  S. 1943. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of an HIV protease inhibitor; to the Committee 
on Finance.
  S. 1944. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of anti-cancer drugs; to the Committee on 
Finance.
  S. 1945. A bill to suspend temporarily the duty on certain chemicals 
used in the formulation of anti-cancer drugs; to the Committee on 
Finance.
  S. 1946. A bill to suspend temporarily the duty on a certain drug 
substance used as an HIV antiviral drug; to the Committee on Finance.


                      duty suspension legislation

  Mrs. FEINSTEIN. Mr. President, together with my California colleague, 
Senator Barbara Boxer, I rise today to introduce legislation to 
eliminate tariffs for twenty-one chemical compounds. These compounds 
are components of certain AIDS and cancer drugs. For the benefit of my 
colleagues who may be called upon to consider the legislation, I want 
to describe our concerns and urge their support.

  The AIDS and cancer drug chemical compounds will be entitled to 
receive a zero tariff when a revised international agreement 
eliminating tariffs for pharmaceutical products goes into effect in 
January 2000.
  Until then, however, the compounds could face a tariff of between six 
and twelve percent, raising costs for patients and their families and 
discouraging the manufacturing of the pharmaceutical products in this 
country. The legislation we introduce today would eliminate the tariff, 
providing the same zero tariff provided by the WTO agreement.
  The list of specific pharmaceutical products which are entitled to 
receive the zero tariff is only updated every three years through the 
WTO negotiations. Drugs which are not approved by an agency of a 
federal government, like the FDA in the United States, cannot be 
included in the negotiations. Without formal federal approval by one of 
the governments, the drug cannot be included in the negotiations until 
the next round of negotiations, perhaps as much as three years later. 
This is unfair for those pharmaceutical products experiencing delays in 
the FDA approval process or whose approval does not match up with the 
negotiating timeline.
  The international community, through the World Trade Organization, 
committed to eliminate tariffs for pharmaceutical products. This 
agreement will help ensure that individuals around the world get the 
medicine they need, reducing drug costs by eliminating the tariff. 
Otherwise, the pharmaceutical products would be subject to a 6-12% 
tariff before they could be brought into the United States.
  In 1996, the administration agreed to treat certain chemical 
compounds as if they were an approved pharmaceutical product, in order 
to provide the zero tariff for an AIDS drug produced by a San Diego 
pharmaceutical company which was awaiting FDA ``fast track'' approval. 
This drug later received its formal FDA approval, becoming the first 
AIDS drug approved for children's use. However, as a result of changes 
to the manufacturing process, a different set of chemical compounds are 
now used, which are not eligible for the zero tariff. This tariff 
legislation would extend the zero tariff for these replacement chemical 
compounds as well.
  Last year, the administration completed negotiations for the update 
round, revising the list of drugs eligible to claim the zero tariff. 
The administration agreed to incorporate twenty-one chemical compounds, 
which are constituents of an AIDS or cancer drugs, into agreement. As a 
result, these chemical compounds will receive a zero tariff when the 
WTO agreement goes into effect in January 2000. Until then, however, 
the AIDS and cancer chemicals remain subject to US tariffs.
  The legislation we introduce would suspend the tariff until the 
international agreement goes into effect in 2000. These chemical 
compounds have been added to the zero tariff international agreement, 
but we should take off the tariff now to speed up the development of 
the AIDS and cancer drugs.
  These chemicals are not available in the United States from domestic 
manufacturers and are not used for other products. Consequently, the 
zero tariff does not undermine domestic chemical manufacturers. In 
fact, these chemicals

[[Page S3220]]

eligibility for the zero tariff has been reviewed and approved by the 
chemical industry advisory committee, which advises the administration 
on trade policy.

  This legislation only reduces the tariff for these chemical compounds 
that will receive a zero tariff under the international agreement. The 
zero tariff for these chemical compounds has, literally, been approved 
by both the United States and the international negotiators.
  In 1996, the administration completed negotiations to confer 
eligibility for the zero tariff adopt a zero tariff for pharmaceutical 
products. At the time, the administration agreed to add certain 
chemicals, used to prepare an AIDS drug which was awaiting approval by 
the Food and Drug Administration. The administration's decision treats 
the chemicals as if they were a fully approved product.
  We must do everything we can to find a cure for HIV/AIDS and cancer. 
However, until we have a cure for this urgent health priority, we need 
to find effective treatments and put them in the hands of people with 
needs. By eliminating the tariff, we eliminate one more hurdle in 
getting the product to the patients and their families. These 
provisions will help accelerate the manufacturing and final testing for 
new drugs and deserves the full support of Congress.
  Under the 1994 GATT agreement, most pharmaceutical products are 
entitled to enter the country without a tariff. However, the zero 
tariff does not apply to many new pharmaceutical products or their 
chemical ingredients. As a result, the chemicals would be ineligible 
for the pharmaceutical zero tariff.
  The administration indicate the chemicals present no risk for law 
enforcement or anti-narcotics enforcement. The chemical industry 
advisory committee, an industry group which advises the US Trade 
Representative on trade issues, has also reviewed and supported the 
zero tariff.
  Ambassador Barshefsky and the Administration deserve tremendous 
credit for extending the zero tariff for these chemical components 
through international negotiations. As a matter of public policy, we 
should do everything in our power to develop effective AIDS and cancer 
drugs and treatments and ensure that drugs are made available as 
swiftly and at as low a cost as possible. We simply cannot delay or 
waste time in providing drugs, treatments or materials needed to fight 
these diseases. This tariff legislation represents a modest, but 
important, step.
  The Senate Finance Committee is currently developing miscellaneous 
tariff legislation, a bill which will include a variety of non-
controversial tariff measures introduced by Finance Committee members. 
I would like to have this legislation incorporated by the Finance 
Committee, which would permit the acceleration of drug production, 
providing more timely relief for the public. The legislation is 
expected to have only a de minimis impact on tariff revenue. However, 
for AIDS and cancer patients, their families and those at risk, the 
impact may be profound. Congress should take this opportunity to reduce 
tariffs for these chemical compounds.
  Without this legislation to remove the tariff, we will be tolerating 
needless hurdles and delay, rather than expediting relief. Patients and 
their families do not have time to wait for the next round of drugs to 
be approved and added to the zero-tariff list. By importing the 
chemical compounds without a tariff, we can accelerate the drug 
development process.
  I ask unanimous consent that the legislation introduced today be 
printed in the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                S. 1936

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:


``     9902.32.16      (S)-N-[[5-[2-(2-                                                                         
                        amino-4,6,7,8-                                                                          
                        tetrahydro-4-oxo-                                                                       
                        1H-pyrimido[5,4-                                                                        
                        b] [1,4]thiazin-6-                                                                      
                        yl)ethyl]-2-                                                                            
                        thienyl]carbonyl]-                                                                      
                        L-glutamic acid                                                                         
                        diethyl ester                                                                           
                        (CAS No. 177575-                                                                        
                        19-8) (provided                                                                         
                        for in subheading                                                                       
                        2934.90.90)......  Free         No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                                

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1937

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:


``     9902.32.17      4-Chloropyridine                                                                         
                        hydrochloride                                                                           
                        (CAS No. 7379-35-                                                                       
                        3) (provided for                                                                        
                        in subheading                                                                           
                        2933.39.61)......  Free         No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                                

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1938

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:


``     9902.32.15      4-Phenoxypyridine                                                                        
                        (CAS No. 4783-86-                                                                       
                        2) (provided for                                                                        
                        in subheading                                                                           
                        2933.39.61)......  Free         No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                                

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1939

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:


``     9902.32.19      (3S)-2,2-Dimethyl-                                                                       
                        3-thiomorpholine                                                                        
                        carboxylic acid                                                                         
                        (CAS No. 84915-43-                                                                      
                        5) (provided for                                                                        
                        in subheading                                                                           
                        2934.90.90)......  Free         No Change         No Change         On or before 12/    
                                                                                             31/1999            
                                                                                                                


[[Page S3221]]

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1940

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

       

``    9902.32.20    2-amino-5-bromo-                                                                            
                     6-methyl-4(1H)-                                                                            
                     Quinazolinone                                                                              
                     (CAS No. 147149-                                                                           
                     89-1) (provided                                                                            
                     for in                                                                                     
                     subheading                                                                                 
                     2933.59.70)....  Free              No Change         No Change         On or before 12/    
                                                                                             31/1999            
                                                                                                              ''

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1941

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

       

``   9902.32.21       2-amino-6-methyl-                                                                         
                       5-(4-                                                                                    
                       pyridinylthio)                                                                           
                       4(1H)-                                                                                   
                       Quinazolinone                                                                            
                       (CAS No. 147149-                                                                         
                       76-6) (provided                                                                          
                       for in                                                                                   
                       subheading                                                                               
                       2933.59.70)....  Free              No Change         No Change        On or before 12/   
                                                                                              31/1999           
                                                                                                              ''

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1942

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

       

``   9902.32.22       3-(acetyloxy)-2-                                                                          
                       methyl-Benzoic                                                                           
                       acid (CAS No.                                                                            
                       168899-58-9)                                                                             
                       (provided for                                                                            
                       in subheading                                                                            
                       2918.29.65)....  Free              No change         No change        On or before 12/   
                                                                                              31/1999           
                                                                                                                

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1943

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

       

``    9902.32.24    [R-(R*,R*)]-                                                                                
                     1,2,3,4-                                                                                   
                     Butanetetrol-                                                                              
                     1,4-                                                                                       
                     dimethanesulfon                                                                            
                     ate (CAS No.                                                                               
                     1947-62-2)                                                                                 
                     (provided for                                                                              
                     in subheading                                                                              
                     2905.49.50)....  Free              No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                                

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1944

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

       

``    9902.32.25    (S)-N-[[5-[2-(2-                                                                            
                     amino-4,6,7,8-                                                                             
                     tetrahydro-4-                                                                              
                     oxo-1H-                                                                                    
                     pyrimido[5,4-                                                                              
                     b][1,4]thiazin-                                                                            
                     6-yl)ethyl]-2-                                                                             
                     thienyl]carbony                                                                            
                     l]-L-glutamic                                                                              
                     acid (CAS No.                                                                              
                     177575-17-6)                                                                               
                     (provided for                                                                              
                     in subheading                                                                              
                     2934.90.90)....  Free              No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                                

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1945

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

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

       

``    9902.32.26    2-amino-6-methyl-                                                                           
                     5-(4-                                                                                      
                     pyridinylthio)-                                                                            
                     4(1H)-                                                                                     
                     Quinazolinone,                                                                             
                     dihydrochloride                                                                            
                     (CAS No. 152946-                                                                           
                     68-4) (provided                                                                            
                     for in                                                                                     
                     subheading                                                                                 
                     2933.59.70)....  Free              No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                                

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                                                    ____


                                S. 1946

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

[[Page S3222]]

     SECTION 1. TEMPORARY SUSPENSION OF DUTY.

         (a) In General.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new heading:

       

``    9902.33.01    9-[2-[[Bis                                                                                  
                     [(pivaloyloxy)                                                                             
                     methoxy]                                                                                   
                     phosphinyl]-                                                                               
                     methoxy]                                                                                   
                     ethyl]adenine                                                                              
                     (also known as                                                                             
                     Adefovir                                                                                   
                     Dipivoxil) (CAS                                                                            
                     No. 142340-99-                                                                             
                     6) (provided                                                                               
                     for in                                                                                     
                     subheading                                                                                 
                     2933.59.59)....  Free              No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                                

         (b) Effective Date.--The amendment made by this section 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after the 15th day after the 
     date of enactment of this Act.
                                 ______