II 

117TH CONGRESS 

2D SESSION S. 5161 

To provide for the liquidation or reliquidation of certain entries of products 

of European Union member states, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2022 

Mr. MENENDEZ (for himself and Mr. CASSIDY) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To provide for the liquidation or reliquidation of certain 

entries of products of European Union member states, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act maybe cited as the ‘‘For Accurate Import 

5 Relief To Aid Retailers and Importers of Foreign Freights 

6 Act of 2022’’ or the ‘‘FAIR TARIFF Act of 2022’’. 

7 SEC. 2. CERTAIN ENTRIES OF PRODUCTS OF EUROPEAN 

8 UNION MEMBER STATES. 

9 (a) PRODUCTS ENTERED DURING THE 60-DAY PE10 RIOD BEGINNING ON OCTOBER 18, 2019.—NotwithVerDate Sep 11 2014 05:22 Dec 02, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5161.IS S5161

pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 5161 IS

1 standing sections 514 and 520 of the Tariff Act of 1930 

2 (19 U.S.C. 1514 and 1520), or any other provision of law, 

3 U.S. Customs and Border Protection shall— 

4 (1) liquidate or reliquidate each entry of a 

5 product— 

6 (A) provided for in subheading 9903.89.10, 

7 9903.89.13, 9903.89.16, 9903.89.19, 

8 9903.89.22, 9903.89.25, 9903.89.28, 

9 9903.89.31, 9903.89.34, 9903.89.37, 

10 9903.89.40, 9903.89.43, 9903.89.46, or 

11 9903.89.49 of the HTS; and 

12 (B) that was entered for consumption, or 

13 withdrawn from warehouse for consumption, 

14 during the 60-day period beginning on October 

15 18, 2019; and 

16 (2) refund to the importer of record the amount 

17 of additional duties previously collected on the entry 

18 of that product by reason of the application of the 

19 applicable subheading of the HTS described in para20 graph (1)(A) to the product. 

21 (b) PRODUCTS ENTERED DURING THE 60-DAY PE22 RIOD BEGINNING ON JANUARY 12, 2021.—Notwith23 standing sections 514 and 520 of the Tariff Act of 1930 

24 (19 U.S.C. 1514 and 1520), or any other provision of law, 

25 U.S. Customs and Border Protection shall— 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 5161 IS

1 (1) liquidate or reliquidate each entry of a 

2 product— 

3 (A) provided for in subheading 9903.89.57, 

4 9903.89.59, 9903.89.61, or 9903.89.63 of the 

5 HTS; and 

6 (B) that was entered for consumption, or 

7 withdrawn from warehouse for consumption, 

8 during the 60-day period beginning on January 

9 12, 2021; and 

10 (2) refund to the importer of record the amount 

11 of additional duties previously collected on the entry 

12 of that product by reason of the application of the 

13 subheading of the HTS described in paragraph 

14 (1)(A) to the product. 

15 (c) REQUESTS.—A liquidation or reliquidation may 

16 be made under subsection (a) or (b) with respect to an 

17 entry of products only if a request therefor is filed with 

18 U.S. Customs and Border Protection, not later than 1 

19 year after the date of the enactment of this Act, that con20 tains sufficient information to enable U.S. Customs and 

21 Border Protection— 

22 (1) to either— 

23 (A) locate the entry; or 

24 (B) to reconstruct the entry if it cannot be 

25 located; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 5161 IS

1 (2) to verify the eligibility of the request. 

2 (d) REFUND OF AMOUNTS OWED.— 

3 (1) UNLIQUIDATED ENTRIES.—For an entry 

4 described in subsection (a) or (b) that is unliqui5 dated, any duties, including interest, eligible for a 

6 refund under subsection (a) or (b) shall be processed 

7 for purposes of liquidation in accordance with sec8 tions 504 and 505 of the Tariff Act of 1930 (19 

9 U.S.C. 1504 and 1505). 

10 (2) RELIQUIDATED ENTRIES.—Any amounts 

11 owed by the United States pursuant to a reliquida12 tion of an entry described in subsection (a) or (b) 

13 (including interest from the date of entry) shall be 

14 refunded not later than 180 days after the date of 

15 the application for refund for the entry is made to 

16 U.S. Customs and Border Protection. 

17 (3) REFUND APPLICATION PROCESS.—U.S. 

18 Customs and Border Protection shall— 

19 (A) develop an application process for re20 questing refunds under subsections (a) and (b); 

21 and 

22 (B) make the process available to the pub23 lic not later than 90 days after the date of the 

24 enactment of this Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 5161 IS

1 (e) HTS DEFINED.—In this section, the term 

2 ‘‘HTS’’ means the Harmonized Tariff Schedule of the 

3 United States. 

4 SEC. 3. ADVANCE NOTICE WITH RESPECT TO CERTAIN AC5 TIONS UNDER SECTION 301 OF THE TRADE 

6 ACT OF 1974. 

7 (a) IN GENERAL.—Section 306(b) of the Trade Act 

8 of 1974 (19 U.S.C. 2416(b)) is amended by adding at the 

9 end the following: 

10 ‘‘(3) ADVANCE NOTICE.—The Trade Represent11 ative may not provide for an effective date of any ac12 tion described in subparagraph (A) or (B) of section 

13 301(c)(1) with respect to an increase in the duty 

14 rate of a good of a foreign country (other than a 

15 nonmarket economy country (as that term is defined 

16 in section 771(18) of the Tariff Act of 1930 (19 

17 U.S.C. 1677(18))) by reason of the good being— 

18 ‘‘(A) included on a retaliation list or re19 vised retaliation list under this subsection, or 

20 ‘‘(B) subject to any other action under 

21 subparagraph (A) or (B) of such section, 

22 that is earlier than the date that is 60 days after no23 tice of the action is published in the Federal Reg24 ister.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 5161 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a)— 

3 (1) takes effect on the date of the enactment of 

4 this Act; and 

5 (2) applies with respect to— 

6 (A) any good included on a retaliation list 

7 under section 306(b) of the Trade Act of 1974 

8 (19 U.S.C. 2416(b)) that is published in the 

9 Federal Register on or after the date that is 30 

10 days after the date of the enactment of this 

11 Act; and 

12 (B) any good that is subject to any other 

13 action under subparagraph (A) or (B) of sec14 tion 301(c)(1) of such Act (19 U.S.C. 

15 2411(c)(1)) that becomes effective on or after 

16 the date that is 30 days after the date of the 

17 enactment of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB