[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3233-S3234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1773. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROCESS FOR EXCLUDING ARTICLES IMPORTED FROM THE 
                   PEOPLE'S REPUBLIC OF CHINA FROM CERTAIN DUTIES 
                   IMPOSED UNDER SECTION 301 OF THE TRADE ACT OF 
                   1974.

       (a) Establishment of Exclusion Process.--Notwithstanding 
     any other provision of law, the President shall establish, in 
     consultation with the United States International Trade 
     Commission (in this section referred to as the 
     ``Commission''), a process pursuant to which United States 
     entities and associations of such entities may request the 
     exclusion of articles imported from the People's Republic of 
     China from duties described in subsection (b).
       (b) Duties Described.--The duties described in this 
     subsection are duties imposed on or after September 24, 2018, 
     pursuant to the investigation--
       (1) initiated under section 301 of the Trade Act of 1974 
     (19 U.S.C. 2411) on August 18, 2017; and
       (2) with respect to which notice was published in the 
     Federal Register on August 24, 2017 (82 Fed. Reg. 40213).
       (c) Implementation of Exclusion Process.--In implementing 
     the process established under subsection (a), the President 
     shall exclude from the imposition of a duty described in 
     subsection (b) an article imported from the People's Republic 
     of China if the President determines--
       (1)(A) the article is not commercially available (as 
     defined by the Commission) outside of the People's Republic 
     of China, or is not produced outside of the People's Republic 
     of China at a cost-competitive price at commercial scale;
       (B) the imposition of the duty on the article would 
     increase consumer prices for day-to-day items consumed by 
     low- or middle-income families in the United States; or
       (C) the article has not been found by a Federal agency to 
     have directly benefited from the non-market-based policies of 
     the People's Republic of China, including elements of the 
     Made in China 2025 policy; and
       (2) the exclusion of the article can likely be administered 
     by U.S. Customs and Border Protection.
       (d) Determination of Increased Consumer Prices.--The 
     President shall determine under subsection (c)(1)(B) that the 
     imposition of a duty would increase consumer prices for day-
     to-day items consumed by low- or middle-income families in 
     the United States if imposition of the duty would cause an 
     increase in--
       (1) the cost of an article listed in Appendix 1 to chapter 
     17 of the Handbook of Methods of the Bureau of Labor 
     Statistics of the Department of Labor, dated February 14, 
     2018; or

[[Page S3234]]

       (2) the Consumer Price Index for All Urban Consumers 
     published by the Bureau of Labor Statistics.
       (e) Collection of Duties.--No duty described in subsection 
     (b) imposed on an article imported into the United States 
     from the People's Republic of China on or after the date of 
     the enactment of this Act shall be collected on an article 
     until the President has established the exclusion process 
     required by subsection (a).
       (f) Retroactive Application for Certain Liquidations and 
     Reliquidations.--
       (1) In general.--Notwithstanding section 514 of the Tariff 
     Act of 1930 (19 U.S.C. 1514) or any other provision of law, 
     any entry of an article imported from the People's Republic 
     of China that would have been subject to a lower rate of duty 
     if the entry had been made after the issuance of an exclusion 
     of the article from the imposition of a duty described in 
     subsection (b) pursuant to the exclusion process established 
     under subsection (a), that was made--
       (A) after the imposition of the duty described in 
     subsection (b) with respect to that article; and
       (B) before the issuance of the exclusion,
     shall be liquidated or reliquidated as though the entry 
     occurred after the issuance of the exclusion.
       (2) Requests.--A liquidation or reliquidation may be made 
     under paragraph (1) with respect to an entry of an article 
     only if a request therefor is filed with U.S. Customs and 
     Border Protection not later than 180 days after the issuance 
     of an exclusion described in paragraph (1) with respect to 
     that article that contains sufficient information to enable 
     U.S. Customs and Border Protection--
       (A) to locate the entry; or
       (B) to reconstruct the entry if it cannot be located.
       (3) Payments of amounts owed.--Any amounts owed by the 
     United States pursuant to the liquidation or reliquidation of 
     an entry of an article under paragraph (1) shall be paid, 
     without interest, not later than 90 days after the date of 
     the liquidation or reliquidation (as the case may be).
       (g) Exclusion Process Established by USTR.--If the United 
     States Trade Representative establishes an exclusion process 
     as described under the heading ``salaries and expenses'' 
     under the heading ``Office of the United States Trade 
     Representative'' in title IV of division C of the joint 
     explanatory statement of the committee of conference 
     accompanying the Consolidated Appropriations Act, 2019 
     (Public Law 116-6), the Trade Representative shall establish 
     that process in accordance with this section.
       (h) Definitions.--In this section:
       (1) Entry.--The term ``entry'' includes a withdrawal from 
     warehouse for consumption.
       (2) United states entity.--The term ``United States 
     entity'' means an entity organized under the laws of the 
     United States or any jurisdiction within the United States.
                                 ______