[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.
______