[117th Congress Public Law 192]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 2209]]
Public Law 117-192
117th Congress
An Act
To amend the Harmonized Tariff Schedule of the United States to suspend
temporarily rates of duty on imports of certain infant formula base
powder used in the manufacturing of infant formula in the United States,
and for other purposes. <<NOTE: Oct. 10, 2022 - [H.R. 8982]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Bulk Infant
Formula to Retail Shelves Act.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulk Infant Formula to Retail Shelves
Act''.
SEC. 2. TEMPORARY DUTY SUSPENSIONS FOR INFANT FORMULA BASE POWDER.
(a) In General.--Subchapter III of chapter 99 of the Harmonized
Tariff Schedule of the United States (in the section referred to as the
``HTS'') is amended by inserting the following new subheading in
numerical sequence:
`` ................. Infant formula base .............. .................. .................
powder to be used in
manufacturing infant
formula in the
United States,
exported on or
before November 14,
2022, by a party
that has been
determined by the
Food and Drug
Administration to be
authorized to
lawfully market
infant formula in
the United States or
has received a
letter of
enforcement
discretion from the
Food and Drug
Administration
relating to the
marketing of its
infant formula in
the United States:
9903.19.23 Provided for in Free No change No change ''.
subheading
1901.90.62........
(b) Definition and Applicability.--The U.S. Notes to subchapter III
of chapter 99 of the HTS are amended by adding at the end following:
``21.(a) For purposes of subheading 9903.19.23, 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)).
``(b) <<NOTE: Notice.>> The necessary proof that an import
is a qualifying infant formula base powder under subheading
9903.19.23 shall be established by a written notice from the
Food and Drug
[[Page 136 STAT. 2210]]
Administration that the base powder shipment qualifies for
importation under such subheading.
``(c) <<NOTE: Applicability.>> The duty-free treatment of
infant formula base powder set forth in subheading 9903.19.23
shall apply only with respect to the importation of an aggregate
quantity not exceeding 2,600 metric tons of such infant formula
base powder.''.
(c) <<NOTE: Applicability. Time period.>> Effective Date.--The
amendments made by subsections (a) and (b) shall apply with respect to
goods entered, or withdrawn from warehouse for consumption, during the
period beginning on the third day after the date of enactment of this
Act and ending at the close of December 31, 2022.
(d) Waiver of Other Duties or Safeguards.-- Notwithstanding any
other provision of law, during the period described in subsection (c),
articles of infant formula base powder that are classifiable under
subheading 9903.19.23 of the HTS, as added by the amendment made by
subsection (a), shall not be subject to any additional safeguard duties
that may be imposed under subchapter IV of chapter 99 of the HTS.
Approved October 10, 2022.
LEGISLATIVE HISTORY--H.R. 8982:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Sept. 29, considered and passed House and Senate.
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