I 

118TH CONGRESS 

2D SESSION H. R. 8059 

To eliminate the incentive to distribute e-commerce shipments from foreign 

countries by providing parity to United States foreign-trade zones, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 17, 2024 

Mr. WENSTRUP (for himself, Mr. CORREA, Mrs. MILLER of West Virginia, Mr. 

GALLEGO, Mr. FITZPATRICK, and Mr. CAREY) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL 

To eliminate the incentive to distribute e-commerce shipments from foreign countries by providing parity to 

United States foreign-trade zones, 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 may be cited as the ‘‘U.S. Foreign Trade 

5 Zone Parity Act of 2024’’. 


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1 SEC. 2. CUSTOMS ENTRY PROCEDURES FOR ARTICLES 

2 WITHDRAWN FROM A FOREIGN-TRADE ZONE. 

3 (a) IN GENERAL.—Section 321 of the Tariff Act of 

4 1930 (19 U.S.C. 1321) is amended— 

5 (1) in subsection (a)(2), in the matter pre6 ceding subparagraph (A)— 

7 (A) by inserting ‘‘or withdrawal from a 

8 foreign trade zone and subsequent entry for 

9 consumption’’ after ‘‘by reason of importation’’; 

10 (B) by inserting ‘‘or in a foreign-trade 

11 zone’’ after ‘‘in the country of shipment’’; 

12 (C) by inserting ‘‘, or if withdrawn from a 

13 foreign-trade zone on one invoice or order for 

14 one ultimate consignee on one day,’’ after ‘‘one 

15 person on one day’’; and 

16 (D) by striking ‘‘subdivision (2)’’ each 

17 place it appears and inserting ‘‘paragraph (2)’’; 

18 and 

19 (2) by adding at the end the following: 

20 ‘‘(c) In this section, the term ‘foreign-trade zone’ 

21 means a zone established pursuant to the Act of June 18, 

22 1934 (commonly known as the ‘Foreign-Trade Zones Act’) 

23 (19 U.S.C. 81a et seq.).’’. 

24 (b) EFFECTIVE DATE.—The amendments made by 

25 subsection (a) shall take effect on the date of the enact26 ment of this Act and apply with respect to articles entered 


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1 on or after the 30th day after the date on which final 

2 regulations to implement this Act and the amendments 

3 made by this Act take effect in accordance with section 

4 4(b). 

5 SEC. 3. TREATMENT OF E-COMMERCE UNDER FOREIGN6 TRADE ZONES ACT. 

7 (a) IN GENERAL.—Section 15(d) of the Act of June 

8 18, 1934 (commonly known as the ‘‘Foreign-Trade Zones 

9 Act’’) (19 U.S.C. 81o(d)) is amended— 

10 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(2)(A) In this subsection, the term ‘retail trade’ 

13 does not include any electronic commerce transaction in 

14 which articles with a fair retail value in the country of 

15 shipment or in a foreign-trade zone of less than the 

16 amount specified in section 321(a)(2)(C) of the Tariff Act 

17 of 1930 (19 U.S.C. 1321(a)(2)(C)) are withdrawn from 

18 a zone. 

19 ‘‘(B) For purposes of subparagraph (A), the term 

20 ‘electronic commerce’ means the production, distribution, 

21 marketing, sale, or delivery of goods and services by elec22 tronic means.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall take effect on the date on which the 

25 final regulations to implement this Act and the amendVerDate Sep 11 2014 20:46 Apr 30, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8059.IH H8059

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1 ments made by this Act take effect in accordance with sec2 tion 4(b). 

3 SEC. 4. PROPOSED AND FINAL REGULATIONS. 

4 (a) PROPOSED REGULATIONS.— 

5 (1) IN GENERAL.—Not later than 120 days 

6 after the date of the enactment of this Act, the Sec7 retary of the Treasury, in coordination with the Sec8 retary of Homeland Security and the Secretary of 

9 Commerce, shall prescribe proposed regulations to 

10 implement this Act and the amendments made by 

11 this Act in accordance with the requirements de12 scribed in this section. 

13 (2) MATTERS TO BE INCLUDED.—The regula14 tions described in paragraph (1) shall, at min15 imum— 

16 (A) use a distinct valuation method under 

17 section 146.65(b)(2) of title 19, Code of Fed18 eral Regulations, for calculation of dutiable 

19 value of entries made under section 321(a)(2) 

20 of the Tariff Act of 1930 (19 U.S.C. 

21 1321(a)(2)), as amended by section 2(a)(1), 

22 from the foreign trade zone; and 

23 (B) require such calculation of dutiable 

24 value to be based on the transaction value at 


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1 the time of withdrawal from the foreign trade 

2 zone. 

3 (3) REQUIREMENTS.—The Secretary of the 

4 Treasury, in coordination with the Secretary of 

5 Homeland Security and the Secretary of Commerce, 

6 shall— 

7 (A) publish the proposed regulations de8 scribed in paragraph (1) in the Federal Reg9 ister and provide for a 60-day period for public 

10 review and comment on such regulations; and 

11 (B) not later than 90 days after the expi12 ration of the 60-day period described in sub13 paragraph (A), submit the proposed regulations 

14 to Congress for review and consultation by Con15 gress on such regulations. 

16 (b) FINAL REGULATIONS.—Final regulations to im17 plement this Act and the amendments made by this Act 

18 may take effect only if a period of not less than 60 days, 

19 beginning on the first day on which the requirements de20 scribed in subparagraphs (A) and (B) of subsection (a)(3) 

21 have been met, has expired. 

22 SEC. 5. RULE OF CONSTRUCTION. 

23 Nothing in Act or the amendments made by this Act 

24 may be construed to affect the administration of section 

25 484(i) of the Tariff Act of 1930 (19 U.S.C. 1484(i)) or 


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1 section 15(d) of the Act of June 18, 1934 (commonly 

2 known as the ‘‘Foreign-Trade Zones Act’’) (19 U.S.C. 

3 81o(d)). 

Æ 


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