[114th Congress Public Law 159]
[From the U.S. Government Publishing Office]
[[Page 395]]
AMERICAN MANUFACTURING COMPETITIVENESS ACT OF 2016
[[Page 130 STAT. 396]]
Public Law 114-159
114th Congress
An Act
To establish a process for the submission and consideration of petitions
for temporary duty suspensions and reductions, and for other
purposes. <<NOTE: May 20, 2016 - [H.R. 4923]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: American
Manufacturing Competitiveness Act of 2016.>>
SECTION 1. <<NOTE: 19 USC 1332 note.>> SHORT TITLE.
This Act may be cited as the ``American Manufacturing
Competitiveness Act of 2016''.
SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF
BILL.
(a) Findings.--Congress makes the following findings:
(1) As of the date of the enactment of this Act, the
Harmonized Tariff Schedule of the United States imposes duties
on imported goods for which there is no domestic availability or
insufficient domestic availability.
(2) The imposition of duties on such goods creates
artificial distortions in the economy of the United States that
negatively affect United States manufacturers and consumers.
(3) The manufacturing competitiveness of the United States
around the world will be enhanced if Congress regularly and
predictably updates the Harmonized Tariff Schedule to suspend or
reduce duties on such goods.
(4) Creating and maintaining an open and transparent process
for consideration of petitions for duty suspensions and
reductions builds confidence that the process is fair, open to
all, and free of abuse.
(5) Complying with the Rules of the House of Representatives
and the Senate, in particular with clause 9 of rule XXI of the
Rules of the House of Representatives and rule XLIV of the
Standing Rules of the Senate, is essential to fostering and
maintaining confidence in the process for considering a
miscellaneous tariff bill.
(6) A miscellaneous tariff bill developed under this process
will not contain any--
(A) congressional earmarks or limited tax benefits
within the meaning of clause 9 of rule XXI of the Rules
of the House of Representatives; or
(B) congressionally directed spending items or
limited tax benefits within the meaning of rule XLIV of
the Standing Rules of the Senate.
(7) Because any limited tariff benefits contained in any
miscellaneous tariff bill following the process set forth by
this Act will not have been the subject of legislation
introduced
[[Page 130 STAT. 397]]
by an individual Member of Congress and will be fully vetted
through a transparent and fair process free of abuse, it is
appropriate for Congress to consider limited tariff benefits as
part of that miscellaneous tariff bill as long as--
(A) in the case of a miscellaneous tariff bill
considered in the House of Representatives, consistent
with the Rules of the House of Representatives, a list
of such limited tariff benefits is published in the
reports of the Committee on Ways and Means of the House
of Representatives accompanying the miscellaneous tariff
bill, or in the Congressional Record; and
(B) in the case of a miscellaneous tariff bill
considered in the Senate, consistent with the Standing
Rules of the Senate--
(i) such limited tariff benefits have been
identified through lists, charts, or other similar
means; and
(ii) the information identified in clause (i)
has been available on a publicly accessible
congressional website in a searchable format at
least 48 hours before the vote on the motion to
proceed to the miscellaneous tariff bill or the
vote on the adoption of a report of a committee of
conference in connection with the miscellaneous
tariff bill, as the case may be.
(8) When the process set forth under paragraph (7) is
followed, it is consistent with the letter and intent of the
Rules of the House of Representatives and the Senate and other
related guidance.
(b) Sense of Congress.--It is the sense of Congress that, to remove
the competitive disadvantage to United States manufacturers and
consumers and to promote the competitiveness of United States
manufacturers, Congress should, not later than 90 days after the United
States International Trade Commission issues a final report on petitions
for duty suspensions and reductions under section 3(b)(3)(E), consider a
miscellaneous tariff bill.
SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY
SUSPENSIONS AND REDUCTIONS.
(a) Purpose.--It is the purpose of this section to establish a
process for the submission and consideration of petitions for duty
suspensions and reductions.
(b) Requirements of Commission.--
(1) <<NOTE: Deadline. Federal Register, publication. Web
posting. Public information. Notice. Time period. Effective
date.>> Initiation.--Not later than October 15, 2016, and
October 15, 2019, the Commission shall publish in the Federal
Register and on a publicly available Internet website of the
Commission a notice requesting members of the public who can
demonstrate that they are likely beneficiaries of duty
suspensions or reductions to submit to the Commission during the
60-day period beginning on the date of such publication--
(A) petitions for duty suspensions and reductions;
and
(B) Commission disclosure forms with respect to such
duty suspensions and reductions.
(2) Content of petitions.--Each petition for a duty
suspension or reduction under paragraph (1)(A) shall include the
following information:
(A) The name and address of the petitioner.
[[Page 130 STAT. 398]]
(B) A statement as to whether the petition provides
for an extension of an existing duty suspension or
reduction or provides for a new duty suspension or
reduction.
(C) <<NOTE: Certification.>> A certification that
the petitioner is a likely beneficiary of the proposed
duty suspension or reduction.
(D) An article description for the proposed duty
suspension or reduction to be included in the amendment
to subchapter II of chapter 99 of the Harmonized Tariff
Schedule of the United States.
(E) To the extent available--
(i) a classification of the article for
purposes of the amendment to subchapter II of
chapter 99 of the Harmonized Tariff Schedule of
the United States;
(ii) a classification ruling of U.S. Customs
and Border Protection with respect to the article;
and
(iii) <<NOTE: Records.>> a copy of a U.S.
Customs and Border Protection entry summary
indicating where the article is classified in the
Harmonized Tariff Schedule of the United States.
(F) A brief and general description of the article.
(G) A brief description of the industry in the
United States that uses the article.
(H) <<NOTE: Estimate. Time period.>> An estimate of
the total value, in United States dollars, of imports of
the article for each of the 5 calendar years after the
calendar year in which the petition is filed, including
an estimate of the total value of such imports by the
person who submits the petition and by any other
importers, if available.
(I) The name of each person that imports the
article, if available.
(J) A description of any domestic production of the
article, if available.
(K) Such other information as the Commission may
require.
(3) Review.--
(A) <<NOTE: Deadline. Web posting.>> Commission
publication and public availability.--As soon as
practicable after the expiration of the 60-day period
specified in paragraph (1), but in any case not later
than 30 days after the expiration of such 60-day period,
the Commission shall publish on a publicly available
Internet website of the Commission--
(i) the petitions for duty suspensions and
reductions submitted under paragraph (1)(A) that
contain the information required under paragraph
(2); and
(ii) the Commission disclosure forms with
respect to such duty suspensions and reductions
submitted under paragraph (1)(B).
(B) Public comment.--
(i) <<NOTE: Federal Register,
publication. Public information. Web
posting. Notice. Time period. Effective date.>>
In general.--The Commission shall publish in the
Federal Register and on a publicly available
Internet website of the Commission a notice
requesting members of the public to submit to the
Commission during the 45-day period beginning on
the date of publication described in subparagraph
(A) comments on--
[[Page 130 STAT. 399]]
(I) the petitions for duty
suspensions and reductions published by
the Commission under subparagraph
(A)(i); and
(II) the Commission disclosure forms
with respect to such duty suspensions
and reductions published by the
Commission under subparagraph (A)(ii).
(ii) <<NOTE: Notice. Federal Register,
publication. Public information. Web posting.>>
Publication of comments.--The Commission shall
publish a notice in the Federal Register directing
members of the public to a publicly available
Internet website of the Commission to view the
comments of the members of the public received
under clause (i).
(C) Preliminary report.--
(i) In general.--As soon as practicable after
the expiration of the 120-day period beginning on
the date of publication described in subparagraph
(A), but in any case not later than 30 days after
the expiration of such 120-day period, the
Commission shall submit to the appropriate
congressional committees a preliminary report on
the petitions for duty suspensions and reductions
submitted under paragraph (1)(A). The preliminary
report shall contain the following information
with respect to each petition for a duty
suspension or reduction:
(I) The heading or subheading of the
Harmonized Tariff Schedule of the United
States in which each article that is the
subject of the petition for the duty
suspension or reduction is classified,
as identified by documentation supplied
to the Commission, and any supporting
information obtained by the Commission.
(II) <<NOTE: Determination.>> A
determination of whether or not domestic
production of the article that is the
subject of the petition for the duty
suspension or reduction exists, taking
into account the report of the Secretary
of Commerce under subsection (c)(1),
and, if such production exists, whether
or not a domestic producer of the
article objects to the duty suspension
or reduction.
(III) Any technical changes to the
article description of the article that
is the subject of the petition for the
duty suspension or reduction that are
necessary for purposes of administration
when the article is presented for
importation, taking into account the
report of the Secretary of Commerce
under subsection (c)(2).
(IV) <<NOTE: Estimate.>> An
estimate of the amount of loss in
revenue to the United States that would
no longer be collected if the duty
suspension or reduction takes effect.
<<NOTE: Determination.>> (V) A
determination of whether or not the duty
suspension or reduction is available to
any person that imports the article that
is the subject of the duty suspension or
reduction.
(VI) The likely beneficiaries of
each duty suspension or reduction,
including whether the petitioner is a
likely beneficiary.
[[Page 130 STAT. 400]]
(ii) <<NOTE: Lists. Recommenda- tions.>>
Categories of information.--The preliminary report
submitted under clause (i) shall also contain the
following information:
(I) A list of petitions for duty
suspensions and reductions that meet the
requirements of this Act without
modifications.
(II) A list of petitions for duty
suspensions and reductions for which the
Commission recommends technical
corrections in order to meet the
requirements of this Act, with the
correction specified.
(III) A list of petitions for duty
suspensions and reductions for which the
Commission recommends modifications to
the amount of the duty suspension or
reduction that is the subject of the
petition to comply with the requirements
of this Act, with the modification
specified.
(IV) A list of petitions for duty
suspensions and reductions for which the
Commission recommends modifications to
the scope of the articles that are the
subject of such petitions to address
objections by domestic producers to such
petitions, with the modifications
specified.
(V) A list of the following:
(aa) Petitions for duty
suspensions and reductions that
the Commission has determined do
not contain the information
required under paragraph (2).
(bb) Petitions for duty
suspensions and reductions with
respect to which the Commission
has determined the petitioner is
not a likely beneficiary.
(VI) A list of petitions for duty
suspensions and reductions that the
Commission does not recommend for
inclusion in a miscellaneous tariff
bill, other than petitions specified in
subclause (V).
(D) Additional information.--The Commission shall
consider any information submitted by the appropriate
congressional committees to the Commission relating to
moving a petition that is contained in the list referred
to in subclause (VI) of subparagraph (C)(ii) of the
preliminary report submitted under subparagraph (C) to a
list referred to in subclause (I), (II), (III), or (IV)
of subparagraph (C)(ii).
(E) Final report.--Not later than 60 days after the
date on which the preliminary report is submitted under
subparagraph (C), the Commission shall submit to the
appropriate congressional committees a final report on
each petition for a duty suspension or reduction
specified in the preliminary report. The final report
shall contain with respect to each such petition--
(i) the information required under clauses (i)
and (ii) of subparagraph (C) and updated as
appropriate under subparagraph (D); and
(ii) <<NOTE: Determination.>> a determination
of the Commission whether--
[[Page 130 STAT. 401]]
(I) the duty suspension or reduction
can likely be administered by U.S.
Customs and Border Protection;
(II) <<NOTE: Estimate.>> the
estimated loss in revenue to the United
States from the duty suspension or
reduction does not exceed $500,000 in a
calendar year during which the duty
suspension or reduction would be in
effect; and
(III) the duty suspension or
reduction is available to any person
importing the article that is the
subject of the duty suspension or
reduction.
(F) Exclusions.--The appropriate congressional
committees may exclude from a miscellaneous tariff bill
any petition for a duty suspension or reduction that--
(i) is contained in any list referred to in
subclause (I), (II), (III), or (IV) of
subparagraph (C)(ii), as updated as appropriate
under subparagraph (E)(i);
(ii) is the subject of an objection from a
Member of Congress; or
(iii) is for an article for which there is
domestic production.
(G) Estimates by the congressional budget office.--
For purposes of reflecting the estimate of the
Congressional Budget Office, the appropriate
congressional committees shall adjust the amount of a
duty suspension or reduction in a miscellaneous tariff
bill only to assure that the estimated loss in revenue
to the United States from that duty suspension or
reduction, as estimated by the Congressional Budget
Office, does not exceed $500,000 in a calendar year
during which the duty suspension or reduction would be
in effect.
(H) Prohibitions.--Any petitions for duty
suspensions or reductions that are contained in any list
referred to in subclause (V) or (VI) of subparagraph
(C)(ii), as updated as appropriate under subparagraph
(E)(i), or have not otherwise undergone the processes
required by this Act shall not be included in a
miscellaneous tariff bill.
(4) <<NOTE: Procedures. Applicability.>> Confidential
business information.--The procedures concerning the release of
confidential business information set forth in section 332(g) of
the Tariff Act of 1930 (19 U.S.C. 1332(g)) shall apply with
respect to information received by the Commission in posting
petitions on a publicly available website of the Commission and
in preparing reports under this subsection.
(5) <<NOTE: Federal Register, publication. Public
information. Web posting. Time period. Effective date.>>
Procedures.--The Commission shall prescribe and publish in the
Federal Register and on a publicly available Internet website of
the Commission procedures to be complied with by members of the
public submitting petitions for duty suspensions and reductions
under subsection (b)(1)(A).
(c) Department of Commerce Report.--Not later than the end of the
90-day period beginning on the date of publication of the petitions for
duty suspensions and reductions under subsection (b)(3)(A), the
Secretary of Commerce, in consultation with U.S. Customs and Border
Protection and other relevant Federal agencies, shall submit to the
Commission and the appropriate congressional committees a report on each
petition for a duty
[[Page 130 STAT. 402]]
suspension or reduction submitted under subsection (b)(1)(A) that
includes the following information:
(1) <<NOTE: Determination.>> A determination of whether or
not domestic production of the article that is the subject of
the petition for the duty suspension or reduction exists and, if
such production exists, whether or not a domestic producer of
the article objects to the petition for the duty suspension or
reduction.
(2) Any technical changes to the article description that
are necessary for purposes of administration when articles are
presented for importation.
SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON
UNITED STATES ECONOMY.
(a) In General.--Not later than 12 months after the date of the
enactment of a miscellaneous tariff bill, the Commission shall submit to
the appropriate congressional committees a report on the effects on the
United States economy of duty suspensions and reductions enacted
pursuant to this Act, including a broad assessment of the economic
effects of such duty suspensions and reductions on producers,
purchasers, and consumers in the United States, using case studies
describing such effects on selected industries or by type of article as
available data permit.
(b) Recommendations.--The Commission shall also solicit and append
to the report required under subsection (a) recommendations with respect
to those domestic industry sectors or specific domestic industries that
might benefit from permanent duty suspensions and reductions, either
through a unilateral action of the United States or though negotiations
for reciprocal tariff agreements, with a particular focus on inequities
created by tariff inversions.
(c) Form of Report.--Each report required by this section shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN THE HOUSE OF
REPRESENTATIVES AND THE SENATE.
(a) House of Representatives.--
(1) <<NOTE: List. Reports.>> In general.--The chair of the
Committee on Ways and Means of the House of Representatives
shall include a list of limited tariff benefits contained in a
miscellaneous tariff bill in the report to accompany such a bill
or, in a case where a miscellaneous tariff bill is not reported
by the committee, shall cause such a list to be printed in the
appropriate section of the Congressional Record.
(2) Limited tariff benefit defined.--For purposes of this
subsection and consistent with clause 9 of rule XXI of the Rules
of the House of Representatives, as in effect during the One
Hundred Fourteenth Congress, the term ``limited tariff benefit''
means a provision modifying the Harmonized Tariff Schedule of
the United States in a manner that benefits 10 or fewer
entities.
(b) Senate.--
(1) <<NOTE: Congressional Record,
publication. Certification.>> In general.--The chairman of the
Committee on Finance of the Senate, the Majority Leader of the
Senate, or the designee of the Majority Leader of the Senate,
shall provide for the publication in the Congressional Record of
a certification that--
[[Page 130 STAT. 403]]
(A) each limited tariff benefit contained in a
miscellaneous tariff bill considered in the Senate has
been identified through lists, charts, or other similar
means; and
(B) <<NOTE: Public information. Web posting. Time
period.>> the information identified in subparagraph
(A) has been available on a publicly accessible
congressional website in a searchable format at least 48
hours before the vote on the motion to proceed to the
miscellaneous tariff bill or the vote on the adoption of
a report of a committee of conference in connection with
the miscellaneous tariff bill, as the case may be.
(2) Satisfaction of senate rules.--Publication of a
certification in the Congressional Record under paragraph (1)
satisfies the certification requirements of paragraphs 1(a),
2(a), and 3(a) of rule XLIV of the Standing Rules of the Senate.
(3) Limited tariff benefit defined.--For purposes of this
subsection and consistent with rule XLIV of the Standing Rules
of the Senate, as in effect during the One Hundred Fourteenth
Congress, the term ``limited tariff benefit'' means a provision
modifying the Harmonized Tariff Schedule of the United States in
a manner that benefits 10 or fewer entities.
(c) Enactment as Exercise of Rulemaking Power of House of
Representatives and Senate.--This section is enacted by Congress--
(1) <<NOTE: Procedures.>> as an exercise of the rulemaking
power of the House of Representatives and the Senate,
respectively, and as such are deemed a part of the rules of each
House, respectively, and such procedures supersede other rules
only to the extent that they are inconsistent with such other
rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and to
the same extent as in the case of any other rule of that House.
SEC. 6. JUDICIAL REVIEW PRECLUDED.
The exercise of functions under this Act shall not be subject to
judicial review.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Ways and Means of the House of Representatives and the Committee
on Finance of the Senate.
(2) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(3) <<NOTE: Certification.>> Commission disclosure form.--
The term ``Commission disclosure form'' means, with respect to a
petition for a duty suspension or reduction, a document
submitted by a petitioner to the Commission that contains the
following:
(A) The contact information for any known importers
of the article to which the proposed duty suspension or
reduction would apply.
(B) A certification by the petitioner that the
proposed duty suspension or reduction is available to
any person importing the article to which the proposed
duty suspension or reduction would apply.
(C) A certification that the petitioner is a likely
beneficiary of the proposed duty suspension or
reduction.
[[Page 130 STAT. 404]]
(4) Domestic producer.--The term ``domestic producer'' means
a person that demonstrates production, or imminent production,
in the United States of an article that is identical to, or like
or directly competitive with, an article to which a petition for
a duty suspension or reduction would apply.
(5) Domestic production.--The term ``domestic production''
means the production of an article that is identical to, or like
or directly competitive with, an article to which a petition for
a duty suspension or reduction would apply, for which a domestic
producer has demonstrated production, or imminent production, in
the United States.
(6) <<NOTE: Time period.>> Duty suspension or reduction.--
The term ``duty suspension or reduction'' refers to an amendment
to subchapter II of chapter 99 of the Harmonized Tariff Schedule
of the United States for a period not to exceed 3 years that--
(A) <<NOTE: Extension.>> extends an existing
temporary duty suspension or reduction on an article
under that subchapter; or
(B) provides for a new temporary duty suspension or
reduction on an article under that subchapter.
(7) Likely beneficiary.--The term ``likely beneficiary''
means an individual or entity likely to utilize, or benefit
directly from the utilization of, an article that is the subject
of a petition for a duty suspension or reduction.
(8) Member of congress.--The term ``Member of Congress''
means a Senator or Representative in, or Delegate or Resident
Commissioner to, Congress.
(9) Miscellaneous tariff bill.--The term ``miscellaneous
tariff bill'' means a bill of either House of Congress that
contains only duty suspensions and reductions and related
technical corrections that--
(A) are included in the final report of the
Commission submitted to the appropriate congressional
committees under section 3(b)(3)(E), except for--
(i) petitions for duty suspensions or
reductions that the Commission has determined do
not contain the information required under section
3(b)(2);
(ii) petitions for duty suspensions and
reductions with respect to which the Commission
has determined the petitioner is not a likely
beneficiary; and
(iii) petitions for duty suspensions and
reductions that the Commission does not recommend
for inclusion in the miscellaneous tariff bill;
(B) are not excluded under section 3(b)(3)(F); and
[[Page 130 STAT. 405]]
(C) otherwise meet the applicable requirements of
this Act.
Approved May 20, 2016.
LEGISLATIVE HISTORY--H.R. 4923:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 114-519, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Apr. 27, considered and passed House.
May 10, considered and passed Senate.
<all>