[Congressional Record Volume 164, Number 146 (Tuesday, September 4, 2018)]
[House]
[Pages H7784-H7786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 MISCELLANEOUS TARIFF BILL ACT OF 2018

  Mr. BRADY of Texas. Madam Speaker, I move to suspend the rules and 
concur in the Senate amendments to the bill (H.R. 4318) to amend the 
Harmonized Tariff Schedule of the United States to modify temporarily 
certain rates of duty.
  The Clerk read the title of the bill.
  The text of the Senate amendments is as follows:
  Senate amendments:

     (1)Strike sections 324, 372, and 1118.
     (2)Strike section 1274 and insert the following:

     SEC. 1274. MEN'S SHOES WITH OUTER SOLES AND UPPERS OF RUBBER 
                   OR PLASTICS, VALUED OVER $3 BUT NOT OVER $6.50 
                   PER PAIR.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

``     9902.14.03      Men's footwear      Free         No change        No change        On or before 12/  ''.
                        with outer soles                                                   31/2020.......
                        and uppers of
                        rubber or
                        plastics, with
                        foxing or foxing-
                        like band,
                        covering the
                        ankle, closed toe
                        or heel, valued
                        over $3 but not
                        over $6.50 per
                        pair, the
                        foregoing other
                        than sports
                        footwear and
                        protective,
                        waterproof or
                        slip-on type
                        footwear
                        (provided for in
                        subheading
                        6402.91.70)......

     (3)Strike section 1275 and insert the following:

     SEC. 1275. MEN'S SHOES WITH OUTER SOLES AND UPPERS OF RUBBER 
                   OR PLASTICS, VALUED OVER $6.50 BUT NOT OVER $12 
                   PER PAIR.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

[[Page H7785]]



``     9902.14.04      Men's footwear      Free         No change        No change        On or before 12/  ''.
                        with outer soles                                                   31/2020.......
                        and uppers of
                        rubber or
                        plastics (other
                        than sports
                        footwear), with
                        foxing or foxing
                        like band,
                        covering the
                        ankle, closed toe
                        or heel, valued
                        over $6.50 but
                        not over $12.00
                        per pair, not of
                        the protective,
                        waterproof or
                        slip-on type
                        (provided for in
                        subheading
                        6402.91.80)......

     (4)Strike section 1305 and insert the following:

     SEC. 1305. SKI BOOTS AND SNOWBOARD BOOTS.

       Subchapter II of chapter 99 is amended by inserting in 
     numerical sequence the following new heading:

``     9902.14.34      Ski boots, cross    Free         No change        No change        On or before 12/  ''.
                        country ski                                                        31/2020.......
                        footwear or
                        snowboard boots,
                        constructed with
                        a forward-leaning
                        upper or designed
                        to attach
                        securely to skis
                        or a snowboard by
                        means of
                        bindings, the
                        foregoing valued
                        over $12/pair,
                        with outer soles
                        of rubber,
                        plastics, leather
                        or composition
                        leather and
                        uppers of textile
                        materials
                        (provided for in
                        subheading
                        6404.11.90)......

     (5)Strike sections 1389, 1399, 1564, and 1565.
     (6)Strike section 1665 and insert the following:

     SEC. 1665. CUSTOMS USER FEES.

       Section 13031(j)(3)(A) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is 
     amended by striking ``July 21, 2027'' and inserting ``October 
     13, 2027''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Brady) and the gentleman from New Jersey (Mr. Pascrell) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. BRADY of Texas. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 4318, currently 
under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. BRADY of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of the Senate amendments to 
H.R. 4318, the Miscellaneous Tariff Bill Act of 2018, which the House 
passed in January by a unanimous vote of 402-0, and passed the other 
body, the Senate, by unanimous consent in July.
  Through the MTB bill, we would temporarily suspend or reduce 
uncompetitive tariffs for certain products that aren't made in the 
United States. Requiring U.S. manufacturers to pay tariffs for products 
that are simply not made here runs up their manufacturing costs and 
puts them at a competitive disadvantage compared to manufacturers in 
other countries.
  This bill is bipartisan, and it will deliver much-needed temporary 
tariff relief to American manufacturers of all sizes, helping them 
reduce costs, create jobs, and compete globally. And the bill helps 
American consumers too by reducing prices and not forcing them to pay 
unnecessary taxes on products that aren't made here.
  The Senate amendments we are considering today made very few changes 
to the House-passed bill. Still, these changes are important to ensure 
that the bill, which has overwhelming support in both Chambers, remains 
noncontroversial.
  The changes we are considering today also reflect the spirit of the 
new and transparent process established by Congress, which was designed 
to ensure that no U.S. business is harmed and that any controversial 
provision is removed.
  Specifically, the amendments remove six provisions to address 
concerns about domestic production, as well as one provision that was 
simply a duplicate of another.
  In addition, the descriptions of three products were expanded and 
clarified to help distinguish between similar products not covered by 
the tariff reduction.
  Finally, the amendments made minor adjustments to the expiration date 
of the offset.
  I would like to, again, thank the U.S. International Trade Commission 
for its tremendous effort in successfully bringing this new MTB process 
to life.
  I would also like to thank the Commerce Department and Customs and 
Border Protection for their invaluable work. I want to thank the 
committee members on both sides of the aisle, and those off the 
committee who worked to put this new, transparent process in place that 
honors the House ban on earmarks: Ranking Member Richie Neal; Trade 
Subcommittee Chairman Dave Reichert of Washington; Trade Subcommittee 
Ranking Member, my friend, Bill Pascrell of New Jersey; Representative  
Tom Reed of New York; Representative Renacci of Ohio; and 
Representative Paulsen of Minnesota. Then, off the committee, I am 
grateful for the leadership of Representative Mark Walker, 
Representative  Tom McClintock, Representative Todd Rokita, and 
Representative Rod Blum.
  Today, Congress can deliver meaningful tariff relief to American 
manufacturers and take action that will help boost American 
productivity, American competitiveness, and American job creation.
  I urge my colleagues to join us in concurring with the Senate 
amendments to H.R. 4318.
  Madam Speaker, I reserve the balance of my time.
  Mr. PASCRELL. Madam Speaker, I yield myself such time as I may 
consume.
  For decades, the Miscellaneous Tariff Bill Act of 2018 has had 
longstanding and broad bipartisan support in both Chambers of Congress. 
It has been used as a means to bolster United States manufacturing and 
competitiveness by temporarily reducing or suspending tariffs on 
certain imported goods and components.
  I cosponsored this bill when it was introduced last November. I 
supported it when we considered it on the floor earlier this year in 
January.
  The MTB returns to the House today for consideration of amendments 
made by the Senate on July 26.
  As the House takes up this bill again, I intend to support the bill, 
as amended. I have always supported and will always support American 
manufacturers, and will do everything I can to boost their ability to 
compete. And I commend the chairman.
  My home State of New Jersey will benefit greatly from the program, 
with firms projected to save more than $100 million over the course of 
a 3-year period. From chemicals to textiles, our State's industries 
will benefit.
  The largest industry in New Jersey is chemical manufacturing, 
employing directly or indirectly over 100,000 workers. Several of those 
firms will receive tariff relief from numerous imported chemicals that 
I dare not try to pronounce.
  I can't overlook the relief given to little, green peperoncino for 
those subs and pizzas we all love. Even in Texas, they have that.
  But today's vote raises important questions about what I consider to 
be the chaotic approach to trade from this President and some of my 
Republican colleagues, their unwillingness to challenge.
  Since the passage of the MTB in January, this administration has 
imposed tariffs on up to $47 billion of steel and aluminum imports from 
around the world and $50 billion on imported goods from China.
  The administration is now in the final week of a public comment 
process to determine $200 billion of additional imports from China that 
it intends to subject to tariffs.

[[Page H7786]]

  This administration can and should take strong measures to make China 
accountable for cheating our global trade system and ripping off 
American companies and workers. On that, we can agree.
  But what is confusing right now is the fact that, while the 
administration continues to move forward with tariffs that will cover 
nearly half of all imported products from China, the MTB will reduce or 
remove tariffs on many of the same products. That is a little 
confusing. To me, it is.
  For the $50 billion in Chinese imports currently subject to Section 
301 tariffs, there are up to 150 products that are covered by today's 
bill. For the list of proposed goods valued at $200 billion in Chinese 
imports that the administration is currently considering subjecting to 
additional tariffs, the overlap with today's bill could be as high as 
1,000 products.
  Now, it is true that the MTB reduces or suspends tariffs on products 
imported from any and all countries, not just China. But let me remind 
everyone of this: While the administration has been imposing tariffs, 
our trading partners have been responding in kind by hitting our 
exports with retaliatory tariffs. As we consider suspending some 1,600 
tariffs on imports from China and other countries, I haven't heard that 
any of those countries is about to reciprocate and do us any similar 
favors.
  Because the administration is relying so heavily on the use of 
tariffs as a trade enforcement tool--remember, a tool, yes, not a 
weapon--the majority's push to move MTB, which reduces and suspends 
tariffs, with a minimal amount of process, seems like a concerted 
effort to contradict the administration's own trade agenda.
  So, how does the MTB fit with this administration's trade agenda? 
Well, we have been asking that question for many months.
  Several months ago, the administration reached out to the Ways and 
Means Trade Subcommittee to express concerns with the MTB, especially 
as it will apply to import duties on goods from China, including 
finished goods. In response, I expressed my strong interest in working 
with the administration to address and resolve those concerns.
  In May, as the administration turned up the heat on tariffs on China, 
I asked the chairman of the Ways and Means Committee to convene a 
hearing with administration representatives on these China trade 
policies.
  My Democratic colleagues and I were also open to marking up the MTB 
in committee and considering the legislation under regular order. In no 
case did we find willing partners.
  Tomorrow, the Ways and Means Committee will hold a markup on my 
resolution of inquiry, seeking information about the administration's 
tariffs policy, and I expect to revisit the question.
  Today, I will support the Miscellaneous Tariff Bill Act of 2018. I 
want to commend the chairman. I don't say that blindly. I think he has 
asked many good questions when we have had tariff issues and trade 
issues before the entire body as well as the subcommittee. I think that 
this is good. I think that this is important.
  But we are talking about a specific bill here today, and it is in 
contradiction to what the administration has proffered.
  I have also, on behalf of my fellow Democrats, extended every effort 
to work toward bringing coherence to the policies. To my Republican 
colleagues, the question I ask you is: What have you done to do that?
  As we look to the future, in conclusion, I am committed to working to 
improve the MTB process, to pursue a broader global economic strategy 
that supports U.S. workers and firms.
  Imposing or suspending tariffs is not enough. We need trade policies 
that are strong, effective, and coherent.

                              {time}  1630

  We must remember what the purpose of the miscellaneous tariff process 
is. If we don't produce it in the United States, then we will not place 
a tariff on anything. That helps us and our manufacturers, who might 
need those products from other countries. I think it is a wise process, 
and I commend the chairman for pursuing this and sticking to it.
  Madam Speaker, I think that this is important legislation. No one can 
deny that. This is not frivolous legislation by any stretch, but it 
cannot be in contradiction with the general agenda for trade 
universally. This is what I am very concerned about. I have given 
specific examples as to what I am talking about.
  This is going to help my State; it is going to help a lot of States 
throughout the union. I sincerely do commend the chairman for making 
sure that we get this done before November.
  Madam Speaker, I yield back the balance of my time.
  Mr. BRADY of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 4318 will deliver much-needed temporary tariff 
relief to American manufacturers of all sizes, helping them to grow and 
create jobs. The bill will also help American consumers by reducing 
prices and not forcing families to pay unnecessary taxes on products 
that aren't made here.
  Madam Speaker, I urge my colleagues to join here in a bipartisan way 
concurring with the Senate amendments to H.R. 4318.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Texas (Mr. Brady) that the House suspend the rules and 
concur in the Senate amendments to the bill, H.R. 4318.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendments were concurred in.
  A motion to reconsider was laid on the table.

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