[Congressional Record Volume 155, Number 38 (Wednesday, March 4, 2009)]
[Extensions of Remarks]
[Page E549]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INTRODUCTION OF DOMESTIC TUNA CANNING BILL

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                        HON. GRACE F. NAPOLITANO

                             of california

                    in the house of representatives

                        Wednesday, March 4, 2009

  Mrs. NAPOLITANO. Madam Speaker, today I am introducing a bill to 
clarify existing tariff law and protect our domestic tuna canning 
industry. Bumble Bee Foods operates the only tuna cannery remaining in 
the United States in Santa Fe Springs, CA in my 38th Congressional 
District. This cannery relies on imported tuna loins from Asia to 
manufacture canned tuna in the U.S.
  For 75 years, Congress and the administration have implemented a $10 
per loin ton (less than 1%) duty rate on tuna loins while having a 
12.5% duty rate on canned tuna. The difference in these duty rates is 
to encourage companies like Bumble Bee to can tuna in the United 
States. Given our current economic situation, it is of maximum 
importance to help maintain and create jobs in the United States.
  Bumble Bee imported tuna loins in plastic bags sealed with metal 
clips and paid the lesser duty rate. At the direction of the Food and 
Drug Administration in 2000, Bumble Bee stopped this practice and 
instead began packaging loins with a heat seal to improve product 
quality and safety.
  Upon inspection of the heat sealed bags in August 2006, the local 
Customs Service at the Ports of Los Angeles and Long Beach concluded 
that the new bags were airtight and imposed increased duties of 12.5%. 
This is contradictory to Congress' intent and the historical 
application of customs regulations that put a lower tariff rate on 
imported tuna loins to promote the domestic tuna canning industry. The 
fact that current imports of loins are in heat sealed plastic bags to 
more effectively prevent contamination of frozen tuna loins should not 
change the underlying classification of the product.
  The bill I am introducing today will clarify the previously long 
standing customs regulations and allow tuna companies to continue to 
safely import tuna loins at a lower duty rate to can in the U.S. The 
bill requires Customs to adopt a clear test to determine whether a 
container is ``airtight'' that is based on universal standards, 
promotes health and safety, and comports with the intent of the tariff 
legislation. Under such a test, heat sealed loin bags would not be 
subject to the higher duty rate paid by canned tuna imports.
  Madam Speaker, I urge my colleagues to support this bill which will 
clarify Congress' intent to protect the domestic canning industry by 
maintaining a lower duty rate on imported tuna loins.

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