II 

109TH CONGRESS 

1ST SESSION S. 1417 

To impose tariff-rate quotas on certain casein and milk protein concentrates. 

IN THE SENATE OF THE UNITED STATES 

JULY 18, 2005 

Mr. CRAIG (for himself, Mrs. CLINTON, Mr. DAYTON, Mr. DOMENICI, Mr. 

JOHNSON, and Mr. SPECTER) introduced the following bill; which was 

read twice and referred to the Committee on Finance 

A BILL 

To impose tariff-rate quotas on certain casein and milk 

protein concentrates. 

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 ‘‘Milk Import Tariff 

5 Equity Act’’. 

6 SEC. 2. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN 

7 CASEIN AND MILK CONCENTRATES. 

8 (a) CASEIN AND CASEIN PRODUCTS.— 
2 

•S 1417 IS 

1 (1) IN GENERAL.—The Additional U.S. notes to 

2 chapter 35 of the Harmonized Tariff Schedule of the 

3 United States are amended— 

4 (A) in note 1, by striking ‘‘subheading 

5 3501.10.10’’ and inserting ‘‘subheadings 

6 3501.10.05, 3501.10.15, and 3501.10.20’’; and 

7 (B) by adding at the end the following new 

8 note: 

9 ‘‘2. The aggregate quantity of casein, caseinates, milk 

10 protein concentrate, and other casein derivatives entered 

11 under subheadings 3501.10.15, 3501.10.65, and 

12 3501.90.65 in any calendar year shall not exceed 

13 55,477,000 kilograms. Articles the product of Mexico shall 

14 not be permitted or included under this quantitative limi15 tation and no such article shall be classifiable therein.’’. 

16 (2) RATES FOR CERTAIN CASEINS, CASEINATES, 

17 AND OTHER DERIVATIVES AND GLUES.—Chapter 35 

18 of the Harmonized Tariff Schedule of the United 

19 States is amended by striking subheadings 3501.10 

20 through 3501.90.60 and inserting the following new 

21 subheadings, with the article descriptions for sub22 headings 3501.10 and 3501.90 having the same de23 gree of indentation as the article description for sub24 heading 3502.20.00: 
3 

•S 1417 IS 

‘‘ 3501.10 Casein: 

Milk protein concentrate: 

3501.10.05 Described in general note 15 of 

the tariff schedule and entered 

pursuant to its provisions ............ 0.37¢/kg Free (A*, CA, E, 

IL, J, JO, MX) 

12¢/kg 

3501.10.15 Described in additional U.S. note 

2 to this chapter and entered according to its provisions .............. 0.37¢/kg Free (A*, CA, E, 

IL, J, JO) 

12¢/kg 

3501.10.20 Other ........................................... $2.16/kg Free (MX) $2.81/kg 

Other: 

3501.10.55 Suitable only for industrial uses 

other than the manufacture of 

food for humans or other animals 

or as ingredients in such food ..... Free Free 

Other: 

3501.10.60 Described in general note 15 of 

the tariff schedule and entered 

pursuant to its provisions ....... 0.37¢/kg Free (A*, CA, E, 

IL, J, JO, MX) 

12¢/kg 

3501.10.65 Described in additional U.S. 

note 2 to this chapter and entered according to its provisions ........................................ 0.37¢/kg Free (A*, CA, E, 

IL, J, JO) 

12¢/kg 

3501.10.70 Other ....................................... $2.16/kg Free (MX) $2.81/kg 

3501.90 Other: 

3501.90.05 Casein glues ..................................... 6% Free (A*, CA, E, 

IL, J, MX) 

1.5% (JO) 

30% 

Other: 

3501.90.30 Suitable only for industrial uses 

other than the manufacture of 

food for humans or other animals 

or as ingredients in such food ..... 6% Free (A*, CA, E, 

IL, J, MX) 

1.5% (JO) 

30% 

Other: 

3501.90.55 Described in general note 15 of 

the tariff schedule and entered 

pursuant to its provisions ........ 0.37¢/kg Free (A*, CA, E, 

IL, J, JO, MX) 

12.1¢/kg 

3501.90.65 Described in additional U.S. 

note 2 to this chapter and entered according to its provisions ......................................... 0.37¢/kg Free (A*, CA, E, 

IL, J, JO) 

12.1¢/kg 

3501.90.70 Other ....................................... $2.16/kg Free (MX) $2.81/kg 

’’. 

1 (b) MILK PROTEIN CONCENTRATES.— 

2 (1) IN GENERAL.—The Additional U.S. notes to 

3 chapter 4 of the Harmonized Tariff Schedule of the 

4 United States are amended— 

5 (A) in note 13, by striking ‘‘subheading 

6 0404.90.10’’ and inserting ‘‘subheadings 

7 0404.90.05, 0404.90.15, and 0404.90.20’’; and 
4 

•S 1417 IS 

1 (B) by adding at the end the following new 

2 note: 

3 ‘‘27. The aggregate quantity of milk protein con4 centrates entered under subheading 0404.90.15 in any 

5 calendar year shall not exceed 18,488,000 kilograms. Arti6 cles the product of Mexico shall not be permitted or in7 cluded under this quantitative limitation and no such arti8 cle shall be classifiable therein.’’. 

9 (2) RATES FOR CERTAIN MILK PROTEIN CON10 CENTRATES.—Chapter 4 of the Harmonized Tariff 

11 Schedule of the United States is amended by strik12 ing subheadings 0404.90 through 0404.90.10 and 

13 inserting the following new subheadings, with the ar14 ticle description for subheading 0404.90 having the 

15 same degree of indentation as the article description 

16 for subheading 0404.10 and with the article descrip17 tions for subheadings 0404.90.05, 0404.90.15, and 

18 0404.90.20 having the same degree of indentation as 

19 the article description for subheading 0405.20.40: 

‘‘ 0404.90 Other: 

Milk protein concentrates: 

0404.90.05 Described in general note 15 of 

the tariff schedule and entered 

pursuant to its provisions ............ 0.37¢/kg Free (A*, CA, E, 

IL, J, JO, MX) 

12¢/kg 

0404.90.15 Described in additional U.S. note 

27 to this chapter and entered 

pursuant to its provisions ............ 0.37¢/kg Free (A*, CA, E, 

IL, J, JO) 

12¢/kg 

0404.90.20 Other ........................................... $1.56/kg Free (MX) $2.02/kg 

’’. 

20 (c) EFFECTIVE DATE.— 
5 

•S 1417 IS 

1 (1) IN GENERAL.—The amendments made by 

2 this section apply to goods entered, or withdrawn 

3 from warehouse for consumption, on or after the 

4 first day of the first month after the date that is 90 

5 days after the date of enactment of this Act. 

6 (2) TRANSITIONAL PROVISIONS.— 

7 (A) CHAPTER 35.—Notwithstanding the 

8 amendments made by subsection (a)(1)(B) of 

9 this section, in the case of any calendar year 

10 that includes the effective date described in 

11 paragraph (1), the aggregate amount of casein, 

12 caseinates, milk protein concentrate, and other 

13 casein derivatives entered under subheadings 

14 3501.10.15, 3501.10.65, and 3501.90.65 shall 

15 not exceed an amount equal to 151,992 kilo16 grams multiplied by the number of calendar 

17 days remaining in such year beginning with 

18 such effective date. 

19 (B) CHAPTER 4.—Notwithstanding the 

20 amendments made by subsection (b)(1)(B) of 

21 this section, in the case of any calendar year 

22 that includes the effective date described in 

23 paragraph (1), the aggregate amount of milk 

24 protein concentrates entered under subheading 

25 0404.90.15 shall not exceed an amount equal to 
6 

•S 1417 IS 

1 50,652 kilograms multiplied by the number of 

2 calendar days remaining in such year beginning 

3 with such effective date. 

4 SEC. 3. COMPENSATION AUTHORITY. 

5 (a) IN GENERAL.—If the provisions of section 2 re6 quire, the President— 

7 (1) may enter into a trade agreement with any 

8 foreign country or instrumentality for the purpose of 

9 granting new concessions as compensation in order 

10 to maintain the general level of reciprocal and mutu11 ally advantageous concessions; and 

12 (2) may proclaim such modification or continu13 ance of any general rate of duty, or such continu14 ance of duty-free or excise treatment, or any quan15 titative limitation, as the President determines to be 

16 required or appropriate to carry out any such agree17 ment. 

18 (b) LIMITATIONS.— 

19 (1) IN GENERAL.—No proclamation shall be 

20 made pursuant to subsection (a) decreasing any gen21 eral rate of duty to a rate which is less than 70 per22 cent of the existing general rate of duty. 

23 (2) SPECIAL RULE FOR CERTAIN DUTY REDUC24 TIONS.—If the general rate of duty in effect is an 

25 intermediate stage under an agreement in effect be-
7 

•S 1417 IS 

1 fore August 6, 2002, under section 1102(a) of the 

2 Omnibus Trade and Competitiveness Act of 1988 or 

3 under an agreement entered into under section 2103 

4 (a) or (b) of the Bipartisan Trade Promotion Au5 thority Act of 2002, the proclamation made pursu6 ant to subsection (a) may provide for the reduction 

7 of each general rate of duty at each such stage by 

8 not more than 30 percent of such general rate of 

9 duty, and may provide for a final general rate of 

10 duty which is not less than 70 percent of the general 

11 rate of duty proclaimed as the final stage under 

12 such agreement. 

13 (3) ROUNDING.—If the President determines 

14 that such action will simplify the computation of the 

15 amount of duty computed with respect to an article, 

16 the President may exceed the limitations provided in 

17 paragraphs (1) and (2) by not more than the lesser 

18 of— 

19 (A) the difference between such limitation 

20 and the next lower whole number, or 

21 (B) one-half of 1 percent ad valorem. 

Æ