[Congressional Record Volume 169, Number 147 (Tuesday, September 12, 2023)]
[Senate]
[Pages S4393-S4394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1095. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms. 
Collins) and intended to be proposed to the bill H.R. 4366, making 
appropriations for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2024, and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place, insert the following:

     SEC. __. DUTY-FREE ENTRY OF INFANT FORMULA; TERMINATION OF 
                   TARIFF-RATE QUOTA ON INFANT FORMULA.

       (a) In General.--Chapter 19 of the Harmonized Tariff 
     Schedule of the United States is amended as follows:
       (1) By striking Additional U.S. Note 2.
       (2) By inserting after Additional U.S. Note 3 the 
     following:
       ``4. For purposes of subheading 1901.90.57, the term 
     `infant formula base powder' means a dry mixture of protein, 
     fat, and carbohydrates that requires only the addition of 
     vitamins and minerals in order to meet the definition of the 
     term `infant formula' in section 201(z) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 321(z)) and that is--
       ``(a) imported by a party that--
       ``(1) has been determined by the Food and Drug 
     Administration to be authorized to lawfully market infant 
     formula in the United States; or
       ``(2) has received a letter of enforcement discretion for 
     the Food and Drug Administration relating to the marketing of 
     its infant formula in the United States; and
       ``(b) intended to be used in manufacturing infant formula 
     in the United States.''.
       (3) By striking subheadings 1901.10.11 and 1901.10.16 and 
     the superior text to such subheadings and inserting the 
     following, with the article description having the same 
     degree of indentation as the article description for 
     subheading 1901.10.62:


``       1901.10.12       Infant formula       Free                 ...................  $1.217/kg+ 17.5%     ''
                           containing                                                                          .
                           oligosaccharides..

       (4) By striking subheadings 1901.10.26 and 1901.10.29 and 
     inserting the following, with the article description for 
     subheading 1901.10.23 having the same degree of indentation 
     as the article description for subheading 1901.10.21:


``       1901.10.23         Infant formula...  Free                 ...................  $1.217/kg + 17.5%
         1901.10.24         Other............  $1.035/kg + 14.9%    ...................  $1.217/kg + 17.5%
         ...............  Other:               ...................  ...................  ...................
         1901.10.25         Infant formula...  Free                 ...................  35%
         1901.10.28         Other............  14.9%                ...................  35%                  ''
                                                                                                               .

       (5) By striking subheadings 1901.10.33 and 1901.10.36 and 
     the superior text to such subheadings and inserting the 
     following, with the article description having the same 
     degree of indentation as the article description for 
     subheading 1901.10.62:


``       1901.10.34       Infant formula       Free                 ...................  $1.217/kg+ 17.5%     ''
                           containing                                                                          .
                           oligosaccharides..

       (6) By redesignating subheadings 1901.90.60 and 1901.90.61 
     as subheadings 1901.90.55 and 1901.90.56, respectively.
       (7) By striking subheading 1901.90.62 and inserting the 
     following, with the article description having the same 
     degree of indentation as the article description for 
     subheading 1901.10.56, as redesignated by paragraph (6):


``       1901.90.57       Infant formula base  Free                 ...................  $1.127/kg + 16%
                           powder, as defined
                           in additional U.S.
                           note 4 to this
                           chapter...........
         1901.90.58       Other..............  $1.035/kg +13.6%     Free (BH, CL, JO,    $1.127/kg + 16%      ''
                                                                     KR, MA, OM, PE,                           .
                                                                     SG)
                                                                     20.7 cents/kg +
                                                                     2.7% (P, PA)
                                                                    See 9822.04.25 (AU)
                                                                    See 9823.08.01-
                                                                     9823.08.38 (S+)
                                                                    See 9915.04.30,
                                                                     9915.04.50,
                                                                     9915.04.74 (P+)
                                                                    See 9918.04.60-
                                                                     9918.04.80 (CO)


[[Page S4394]]

       (b) Conforming Amendments.--Additional U.S. Note 10 to 
     chapter 4 of the Harmonized Tariff Schedule of the United 
     States is amended by striking ``1901.90.61'' and inserting 
     ``1901.90.56''.
       (c) Effective Date.--The amendments made by this section 
     apply with respect to articles entered, or withdrawn for 
     warehouse for consumption, on or after the date that is 120 
     days after the date of the enactment of this Act.
                                 ______