II 

111TH CONGRESS 

1ST SESSION S. 1542 

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

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2009 

Mr. SCHUMER (for himself, Mr. SANDERS, Ms. KLOBUCHAR, Mr. FEINGOLD, 

Mrs. MURRAY, and Mrs. SHAHEEN) 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.— 


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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) by striking ‘‘Additional U.S. Note’’ 

5 and inserting ‘‘Additional U.S. Notes’’; 

6 (B) in note 1, by striking ‘‘subheading 

7 3501.10.10’’ and inserting ‘‘subheadings 

8 3501.10.05, 3501.10.15, and 3501.10.20’’; and 

9 (C) by adding at the end the following new 

10 note: 

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

12 protein concentrate, and other casein derivatives entered 

13 under subheadings 3501.10.15, 3501.10.65, and 

14 3501.90.65 in any calendar year shall not exceed 

15 55,477,000 kilograms. Articles the product of Mexico shall 

16 not be permitted or included under this quantitative limi17 tation and no such article shall be classifiable therein.’’. 

18 (2) RATES FOR CERTAIN CASEINS, CASEINATES, 

19 AND OTHER DERIVATIVES AND GLUES.—Chapter 35 

20 of the Harmonized Tariff Schedule of the United 

21 States is amended by striking subheadings 3501.10 

22 through 3501.90.60 and inserting the following new 

23 subheadings, with the article descriptions for sub24 headings 3501.10 and 3501.90 having the same deVerDate Nov 24 2008 08:23 Jul 31, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1542.IS S1542

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1 gree of indentation as the article description for sub2 heading 3502.20.00: 

‘‘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, 

CL, E, IL, J, 

JO, MX, SG) 

0.3¢/kg (AU) 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, 

CL, E, IL, J, 

JO, SG) 

0.3¢/kg (AU) 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, 

CL, E, IL, J, 

JO, MX, SG) 

0.3¢/kg (AU) 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, 

CL, E, IL, J, 

JO, SG) 

0.3¢/kg (AU) 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, 

CL, E, IL, J, 

JO, MX) 

3% (SG) 

4.5% (AU) 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, 

CL, E, IL, J, 

JO, MX, SG) 

0.3¢/kg (AU) 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, 

CL E, IL, J, JO, 

MX, SG) 

0.3¢/kg (AU) 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, 

CL, E, IL, J, 

JO, SG) 

0.3¢/kg (AU) 12.1¢/kg 

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

3 (b) MILK PROTEIN CONCENTRATES.— 


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•S 1542 IS

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

2 chapter 4 of the Harmonized Tariff Schedule of the 

3 United States are amended— 

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

5 0404.90.10’’ and inserting ‘‘subheadings 

6 0404.90.05, 0404.90.15, and 0404.90.20’’; and 

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

8 note: 

9 ‘‘27. The aggregate quantity of milk protein con10 centrates entered under subheading 0404.90.15 in any 

11 calendar year shall not exceed 18,488,000 kilograms. Arti12 cles the product of Mexico shall not be permitted or in13 cluded under this quantitative limitation and no such arti14 cle shall be classifiable therein.’’. 

15 (2) RATES FOR CERTAIN MILK PROTEIN CON16 CENTRATES.—Chapter 4 of the Harmonized Tariff 

17 Schedule of the United States is amended by strik18 ing subheadings 0404.90 through 0404.90.10 and 

19 inserting the following new subheadings, with the ar20 ticle description for subheading 0404.90 having the 

21 same degree of indentation as the article description 

22 for subheading 0404.10 and with the article descrip23 tions for subheadings 0404.90.05, 0404.90.15, and 

24 0404.90.20 having the same degree of indentation as 

25 the article description for subheading 0405.20.40: 


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‘‘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, 

CL, E, IL, J, 

JO, MX, SG) 

0.3¢/kg (AU) 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, 

CL, E, IL, J, 

JO, SG) 

0.3¢/kg (AU) 12¢/kg 

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

1 (c) EFFECTIVE DATE.— 

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

3 this section apply to goods entered, or withdrawn 

4 from warehouse for consumption, on or after the 

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

6 days after the date of the enactment of this Act. 

7 (2) TRANSITIONAL PROVISIONS.— 

8 (A) CHAPTER 35.—Notwithstanding the 

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

10 this section, in the case of any calendar year 

11 that includes the effective date described in 

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

13 caseinates, milk protein concentrate, and other 

14 casein derivatives entered under subheadings 

15 3501.10.15, 3501.10.65, and 3501.90.65 shall 

16 not exceed an amount equal to 151,992 kilo17 grams multiplied by the number of calendar 

18 days remaining in such year beginning with 

19 such effective date. 


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1 (B) CHAPTER 4.—Notwithstanding the 

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

3 this section, in the case of any calendar year 

4 that includes the effective date described in 

5 paragraph (1), the aggregate amount of milk 

6 protein concentrates entered under subheading 

7 0404.90.15 shall not exceed an amount equal to 

8 50,652 kilograms multiplied by the number of 

9 calendar days remaining in such year beginning 

10 with such effective date. 

11 SEC. 3. COMPENSATION AUTHORITY. 

12 (a) IN GENERAL.—If the provisions of section 2 re13 quire, the President— 

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

15 foreign country or instrumentality for the purpose of 

16 granting new concessions as compensation in order 

17 to maintain the general level of reciprocal and mutu18 ally advantageous concessions; and 

19 (2) may proclaim such modification or continu20 ance of any general rate of duty, or such continu21 ance of duty-free or excise treatment, or any quan22 titative limitation, as the President determines to be 

23 required or appropriate to carry out any such agree24 ment. 

25 (b) LIMITATIONS.— 


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

2 made pursuant to subsection (a) decreasing any gen3 eral rate of duty to a rate which is less than 70 per4 cent of the existing general rate of duty. 

5 (2) SPECIAL RULE FOR CERTAIN DUTY REDUC6 TIONS.—If the general rate of duty in effect is an 

7 intermediate stage under an agreement in effect be8 fore August 6, 2002, under section 1102(a) of the 

9 Omnibus Trade and Competitiveness Act of 1988 or 

10 under an agreement entered into under section 2103 

11 (a) or (b) of the Bipartisan Trade Promotion Au12 thority Act of 2002, the proclamation made pursu13 ant to subsection (a) may provide for the reduction 

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

15 not more than 30 percent of such general rate of 

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

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

18 rate of duty proclaimed as the final stage under 

19 such agreement. 

20 (3) ROUNDING.—If the President determines 

21 that such action will simplify the computation of the 

22 amount of duty computed with respect to an article, 

23 the President may exceed the limitations provided in 

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

25 of— 


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1 (A) the difference between such limitation 

2 and the next lower whole number, or 

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

Æ 


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