I 

108TH CONGRESS 

1ST SESSION H. R. 3620

To provide duty-free treatment for certain tuna. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2003

Mr. NEAL of Massachusetts introduced the following bill; which was referred 

to the Committee on Ways and Means 

A BILL

To provide duty-free treatment for certain tuna.

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 ‘‘Fair Trade in Pouch 

5 Tuna Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds that—

8 (1) a strong relationship between the United 

9 States and the member nations of the Association of 

10 Southeast Asian Nations (ASEAN) is a force for 

11 stability and development in the Southeast Asian re-
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1 gion and international trade is a critical element of 

2 this relationship; 

3 (2) many of the ASEAN nations are important 

4 friends and allies in the ongoing fight against world 

5 terrorism; 

6 (3) ASEAN nations provide a large portion of 

7 the processed tuna imported into the United States; 

8 (4) such imports are subject to tariffs, whereas 

9 tuna in airtight pouches imported from the bene10 ficiary countries of the Andean Trade Promotion 

11 and Drug Eradication Act (Andean) are not; 

12 (5) as a result, tuna in airtight pouches im13 ported from ASEAN member nations is placed at a 

14 competitive disadvantage that has harmed the econo15 mies of these nations and that will ultimately harm 

16 consumers in the United States; and 

17 (6) eliminating tariffs on pouch tuna imported 

18 from the ASEAN countries in a quantity equal to 

19 the quantity imported from Andean countries will re20 store fair trade in the pouch tuna market and will 

21 benefit United States consumers and the economies 

22 of the ASEAN nations. 
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1 SEC. 3. MODIFICATION OF DUTY TREATMENT FOR CERTAIN 

2 TUNA. 

3 (a) IN GENERAL.—Subchapter II of chapter 99 of 

4 the Harmonized Tariff Schedule of the United States is 

5 amended by inserting in numerical sequence the following 

6 new heading:

‘‘ 9902.16.04 Tuna in foil or 

other flexible 

containers 

weighing with 

their contents 

not more than 

6.8 kg each 

(provided for in 

subheading 

1604.30.91) ...... No 

change 

Free, if the 

product of a 

country listed in 

U.S. Note 17 to 

this subchapter 

and in the quantity provided for 

in such Note.

No change On or before 

12/31/2006

’’. 

7 (b) ASEAN COUNTRIES.—The U.S. Notes to sub8 chapter II of chapter 99 of the Harmonized Tariff Sched9 ule of the United States are amended by adding at the 

10 end the following: 

11 ‘‘17. For purposes of heading 9902.16.04: 

12 ‘‘(a) Products of the following countries are eli13 gible to enter at the special rate of duty set forth 

14 in such subheading: Brunei, Cambodia, Indonesia, 

15 Laos, Malaysia, Philippines, Singapore, Thailand, 

16 and Vietnam. 

17 ‘‘(b) The aggregate quantity of tuna entered 

18 under subheading 9902.16.04 during any calendar 
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1 year shall be limited to the quantity of tuna entered 

2 free of duty from an ATPDEA beneficiary country 

3 (as defined in section 204(b)(6)) of the Andean 

4 Trade Preference Act (19 U.S.C. 3202(b)(6)) and 

5 designated in Note 11(d) of this Schedule) during 

6 the preceding calendar year pursuant to section 

7 204(b)(4) of the Andean Trade Preference Act (19 

8 U.S.C. 3202(b)(4)). 

9 ‘‘(c) The products of a country listed under 

10 subsection (a) shall be eligible to enter at the special 

11 rate of duty set forth in such subheading only if—

12 ‘‘(1) the processing of the products is carried 

13 out entirely in that country; 

14 ‘‘(2) the harvesting of the tuna complies with 

15 the International Dolphin Consortium Program im16 plemented under title III of the Marine Mammal 

17 Protection Act of 1972 (16 U.S.C. 1411 et seq.); 

18 and 

19 ‘‘(3) that country provides and enforces inter20 nationally recognized worker rights and environ21 mental protections.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section apply to goods entered, or withdrawn from 
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1 warehouse, for consumption on or after the 15th day after 

2 the date of enactment of this Act.

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