I 

112TH CONGRESS 

2D SESSION H. R. 5154 

To provide for the reliquidation of certain entries of high-density, fiberboardcore laminate wall and floor panels, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2012 

Mr. LOBIONDO (for himself and Mr. PASCRELL) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To provide for the reliquidation of certain entries of highdensity, fiberboard-core laminate wall and floor panels, 

and for other purposes. 

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

3 SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF 

4 HIGH-DENSITY, FIBERBOARD-CORE LAMI5 NATE WALL AND FLOOR PANELS. 

6 (a) IN GENERAL.—Notwithstanding section 514 of 

7 the Tariff Act of 1930 (19 U.S.C. 1514) or any other pro8 vision of law, U.S. Customs and Border Protection shall, 

9 not later than 90 days after receiving a request described 

10 in subsection (c), liquidate or reliquidate each entry deVerDate Mar 15 2010 01:39 May 03, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5154.IH H5154

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1 scribed in subsection (b) at the duty rate of 3.2 percent 

2 ad valorem. 

3 (b) ENTRIES DESCRIBED.—Entries described in this 

4 subsection are entries of fiberboard produced using the 

5 dry method of production that— 

6 (1) were entered on or after January 1, 1994, 

7 and on or before February 2, 2007; 

8 (2) were classified at the time of entry under 

9 subheading 4411.19.40 of the Harmonized Tariff 

10 Schedule of the United States; and 

11 (3) are substantially similar to the merchandise 

12 that was the subject of the decisions of the Court of 

13 Appeals for the Federal Circuit in Faus Group, Inc. 

14 v. United States, 581 F.3d 1369 (Fed. Cir. 2009), 

15 and Witex USA, Inc., et al. v. United States, 333 

16 Fed. App. 569 (Fed. Cir. 2009). 

17 (c) ACCESS TO ENTRY INFORMATION.— 

18 (1) NOTICE.—Not later than 30 days after the 

19 date of the enactment of this Act, the Commissioner 

20 responsible for U.S. Customs and Border Protection 

21 (in this section referred to as the ‘‘Commissioner’’) 

22 shall provide notice to all importers of entries de23 scribed in subsection (b) that they are entitled to re24 quest copies of the electronic records of U.S. CusVerDate Mar 15 2010 01:39 May 03, 2012 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5154.IH H5154

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1 toms and Border Protection with respect to those 

2 entries, including information with respect to— 

3 (A) the date and value of those entries; 

4 and 

5 (B) whether or not U.S. Customs and Bor6 der Protection suspended the liquidation of 

7 those entries. 

8 (2) PROVISION OF ENTRY INFORMATION.—The 

9 Commissioner shall provide information requested 

10 under paragraph (1) to the importer that requested 

11 the information not later than 15 days after receiv12 ing the request of the importer. 

13 (d) REQUESTS.—Any person seeking a liquidation or 

14 reliquidation pursuant to subsection (a) with respect to 

15 an entry shall file a proper request with U.S. Customs 

16 and Border Protection not later than the date that is 90 

17 days after the date of the enactment of this Act that con18 tains— 

19 (1) sufficient information to enable U.S. Cus20 toms and Border Protection— 

21 (A) to locate the entry; or 

22 (B) to reconstruct the entry if it cannot be 

23 located; and 

24 (2) the entry summary documents for the entry 

25 and all supporting documents necessary to demVerDate Mar 15 2010 01:39 May 03, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5154.IH H5154

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1 onstrate to U.S. Customs and Border Protection 

2 that the entry is an entry described in subsection 

3 (b). 

4 (e) PAYMENT OF AMOUNTS OWED.—Any amounts 

5 owed by the United States pursuant to the liquidation or 

6 reliquidation of an entry under subsection (a) shall be paid 

7 by U.S. Customs and Border Protection not later than 30 

8 days after the date of the liquidation or reliquidation. 

9 (f) REPORT TO CONGRESS.—Not later than 150 days 

10 after the date of the enactment of this Act, the Commis11 sioner shall submit to the Committee on Finance of the 

12 Senate and the Committee on Ways and Means of the 

13 House of Representatives a report that specifies— 

14 (1) which entries described in subsection (b) 

15 have been liquidated or reliquidated pursuant to sub16 section (a); and 

17 (2) the amounts refunded pursuant to liquida18 tions and reliquidations pursuant to subsection (a) 

19 in the aggregate and by importer, entry number, 

20 date, and port of entry. 

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