II

104TH CONGRESS

2D SESSION S. 1765

To authorize substitution for drawback purposes of certain types of fibers

and yarns for use in the manufacture of carpets and rugs.

IN THE SENATE OF THE UNITED STATES

MAY 16, 1996

Mr. COVERDELL introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To authorize substitution for drawback purposes of certain

types of fibers and yarns for use in the manufacture

of carpets and rugs.

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

3 SECTION 1. DRAWBACK FOR CERTAIN YARNS AND FIBERS.

4 Section 313 of the Tariff Act of 1930 (19 U.S.C.

5 1313) is amended by adding at the end the following:

6 ‘‘(x) CARPET AND RUG PRODUCTS.—Notwithstand7 ing any other provision of law, when used or appearing

8 in the manufacture of products classified in heading 5703

9 of the Schedule B Classification of Exports issued by the

10 Bureau of the Census, imported duty-paid merchandise
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1 shall be deemed for purposes of this section to be of the

2 same kind and quality as the duty-paid, duty-free, or do3 mestic merchandise which is substituted in the exported

4 product if—

5 ‘‘(1) the imported duty-paid merchandise is

6 classified under heading 5402, 5404, or 5406 of the

7 Harmonized Tariff Schedule of the United States

8 (or the equivalent heading under the Tariff Schedule

9 of the United States as set forth in Publication

10 Number 2051 of the United States International

11 Trade Commission) and the material for which sub12 stitution occurs is substituted on a nylon for nylon,

13 polyester for polyester, and polypropylene for poly14 propylene basis, regardless of the base chemical com15 position of the merchandise, or

16 ‘‘(2) the imported duty-paid merchandise is

17 classified under heading 5501, 5503, 5505, or 5506

18 of the Harmonized Tariff Schedule of the United

19 States (or the equivalent heading under the Tariff

20 Schedule of the United States as set forth in Publi21 cation Number 2051 of the United States Inter22 national Trade Commission) and the material for

23 which substitution occurs is substituted on a nylon

24 for nylon, polyester for polyester, and polypropylene
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1 for polypropylene basis, regardless of the base chem2 ical composition of the merchandise.’’.

3 SEC. 2. EFFECTIVE DATE.

4 (a) IN GENERAL.—Subject to subsection (b), the

5 amendment made by section 1 shall apply to drawback en6 tries filed on or after the date of the enactment of this

7 Act, regardless of any amendment to the underlying draw8 back contract.

9 (b) RETROACTIVE APPLICATION FOR CERTAIN

10 DRAWBACK ENTRIES.—

11 (1) RETROACTIVE APPLICATION.—Notwith12 standing section 514 of the Tariff Act of 1930 or

13 any other provision of law, the amendment made by

14 section 1 shall apply to any drawback claim de15 scribed in paragraph (2), regardless of any amend16 ment to the underlying drawback contract, if the ap17 propriate amendment to the claim is filed with the

18 Customs Service within 180 days after the date of

19 the enactment of this Act.

20 (2) CLAIMS TO WHICH APPLICABLE.—A claim

21 is described in this paragraph if it—

22 (A) was filed or liquidated on or after Jan23 uary 1, 1991, and before the date of the enact24 ment of this Act; or
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1 (B) was filed before January 1, 1991, but

2 on such date of enactment the claim is unliqui3 dated, under protest, or in litigation, or the liq4 uidation of the claim is otherwise not final.

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