I

106TH CONGRESS

2D SESSION H. R. 5423

To amend the Harmonized Tariff Schedule of the United States to prevent

circumvention of the sugar tariff-rate quotas.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 6, 2000

Mr. SIMPSON (for himself, Mr. ABERCROMBIE, Mr. BAKER, Mr. BARCIA, Mr.

BARRETT of Nebraska, Mrs. CHENOWETH-HAGE, Mr. COMBEST, Mrs.

CUBIN, Mr. FOLEY, Mr. HASTINGS of Florida, Mr. HASTINGS of Washington, Mr. JEFFERSON, Mr. JOHN, Ms. KAPTUR, Mr. MINGE, Mrs.

MINK of Hawaii, Mr. NETHERCUTT, Mr. POMEROY, Mr. SCHAFFER, Mr.

TAUZIN, and Mrs. THURMAN) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Harmonized Tariff Schedule of the United

States to prevent circumvention of the sugar tariff-rate

quotas.

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

3 SECTION 1. PREVENTION OF CIRCUMVENTION OF SUGAR

4 TARIFF-RATE QUOTAS.

5 (a) ANTICIRCUMVENTION.—

6 (1) AMENDMENT TO ADDITIONAL U.S.

7 NOTES.—Additional U.S. Note 5(a)(i) of chapter 17
2

•HR 5423 IH

1 of the Harmonized Tariff Schedule of the United

2 States is amended—

3 (A) in the first sentence, by striking ‘‘and

4 2106.90.44,’’ and inserting ‘‘1702.90.40, and

5 2106.90.44, and any other article (other than

6 an article classified under subheading 1701.11

7 or 1701.12) that is entered, or withdrawn from

8 warehouse for consumption, if the article is sub9 sequently used for the commercial extraction or

10 production of sugar for human consumption, or

11 the article is otherwise used in any manner that

12 circumvents any quota imposed pursuant to the

13 notes to this chapter,’’; and

14 (B) in the second sentence, by striking

15 ‘‘and molasses’’ and inserting ‘‘, molasses, and

16 other articles,’’.

17 (2) RATE OF DUTY.—The rate of duty in effect

18 under subheading 1701.99.10 or 1701.99.50 of the

19 Harmonized Tariff Schedule of the United States,

20 on the date of entry of articles described in the ap21 plicable subheading shall apply to any article which

22 the Secretary of the Treasury determines is circum23 venting the tariff-rate quota relating to articles de24 scribed in the applicable subheading.
3

•HR 5423 IH

1 (b) CONFORMING AMENDMENT.—Chapter 17 of the

2 Harmonized Tariff Schedule of the United States is

3 amended by striking subheading 1702.90.40 and inserting

4 in numerical sequence the following new subheadings:

‘‘ 1702.90.40 Described in additional U.S. note

5 to this chapter and entered pursuant to its provisions ................... 3.6606¢/kg less

0.020668¢/kg

for each degree

under 100 degrees (and

fractions of a

degree in proportion) but

not less than

3.143854¢/kg

Free (A*, CA,

E*, IL, J, MX)

6.58170¢/kg

less

0.0622005¢/kg

for each degree

under 100 degrees (and

fractions of degree in proportion) but not

less than

5.031562¢/kg

1702.90.45 Other ............................................. 35.74¢/kg 28.247¢/kg less

0.4¢/kg for

each degree

under 100 degrees (and

fractions of a

degree in proportion) but

not less than

18.256¢/kg

(MX)

42.05¢/kg

’’.

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

6 this section apply to goods entered, or withdrawn from

7 warehouse for consumption, on or after the 15th day after

8 the date of enactment of this Act.

Æ