I 

111TH CONGRESS 

1ST SESSION H. R. 3674 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2009 

Mr. WELCH (for himself, Mr. OBEY, Mr. WALZ, Mr. PERRIELLO, Mr. 

HOLDEN, Mr. BARTLETT, Mr. COURTNEY, Mr. ARCURI, Mr. MASSA, Mr. 

MICHAUD, Ms. SLAUGHTER, Mr. PLATTS, Mrs. DAHLKEMPER, Ms. 

SHEA-PORTER, Mr. OLVER, and Mrs. KIRKPATRICK of Arizona) introduced the following bill; which was referred to the Committee on Ways 

and Means 

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 51,497,000 kilograms. Articles the product of a country 

16 which has entered into a free trade agreement with the 

17 United States shall not be permitted or included under 

18 this quantitative limitation and no such article shall be 

19 classifiable therein.’’. 

20 (2) RATES FOR CERTAIN CASEINS, CASEINATES, 

21 AND OTHER DERIVATIVES AND GLUES.—Chapter 35 

22 of the Harmonized Tariff Schedule of the United 

23 States is amended by striking subheadings 3501.10 

24 through 3501.90.60 and inserting the following new 

25 subheadings, with the article descriptions for subVerDate Nov 24 2008 05:31 Sep 30, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3674.IH H3674

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1 headings 3501.10 and 3501.90 having the same de2 gree of indentation as the article description for sub3 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 ’’. 


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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 

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

9 note: 

10 ‘‘27. The aggregate quantity of milk protein con11 centrates entered under subheading 0404.90.15 in any 

12 calendar year shall not exceed 23,091,000 kilograms. Arti13 cles the product of a country which has entered into a 

14 free trade agreement with the United States shall not be 

15 permitted or included under this quantitative limitation 

16 and no such article shall be classifiable therein.’’. 

17 (2) RATES FOR CERTAIN MILK PROTEIN CON18 CENTRATES.—Chapter 4 of the Harmonized Tariff 

19 Schedule of the United States is amended by strik20 ing subheadings 0404.90 through 0404.90.10 and 

21 inserting the following new subheadings, with the ar22 ticle description for subheading 0404.90 having the 

23 same degree of indentation as the article description 

24 for subheading 0404.10 and with the article descrip25 tions for subheadings 0404.90.05, 0404.90.15, and 


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1 0404.90.20 having the same degree of indentation as 

2 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, 

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 ’’. 

3 (c) EFFECTIVE DATE.— 

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

5 this section apply to goods entered, or withdrawn 

6 from warehouse for consumption, on or after the 

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

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

9 (2) TRANSITIONAL PROVISIONS.— 

10 (A) CHAPTER 35.—Notwithstanding the 

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

12 this section, in the case of any calendar year 

13 that includes the effective date described in 

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

15 caseinates, milk protein concentrate, and other 

16 casein derivatives entered under subheadings 

17 3501.10.15, 3501.10.65, and 3501.90.65 shall 

18 not exceed an amount equal to 141,088 kilo19 grams multiplied by the number of calendar 


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1 days remaining in such year beginning with 

2 such effective date. 

3 (B) CHAPTER 4.—Notwithstanding the 

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

5 this section, in the case of any calendar year 

6 that includes the effective date described in 

7 paragraph (1), the aggregate amount of milk 

8 protein concentrates entered under subheading 

9 0404.90.15 shall not exceed an amount equal to 

10 63,264 kilograms multiplied by the number of 

11 calendar days remaining in such year beginning 

12 with such effective date. 

13 SEC. 3. COMPENSATION AUTHORITY. 

14 (a) IN GENERAL.—If the provisions of section 2 re15 quire, the President— 

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

17 foreign country or instrumentality for the purpose of 

18 granting new concessions as compensation in order 

19 to maintain the general level of reciprocal and mutu20 ally advantageous concessions; and 

21 (2) may proclaim such modification or continu22 ance of any general rate of duty, or such continu23 ance of duty-free or excise treatment, or any quan24 titative limitation, as the President determines to be 


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1 required or appropriate to carry out any such agree2 ment. 

3 (b) LIMITATIONS.— 

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

5 made pursuant to subsection (a) decreasing any gen6 eral rate of duty to a rate which is less than 70 per7 cent of the existing general rate of duty. 

8 (2) SPECIAL RULE FOR CERTAIN DUTY REDUC9 TIONS.—If the general rate of duty in effect is an 

10 intermediate stage under an agreement in effect be11 fore August 6, 2002, under section 1102(a) of the 

12 Omnibus Trade and Competitiveness Act of 1988 or 

13 under an agreement entered into under section 2103 

14 (a) or (b) of the Bipartisan Trade Promotion Au15 thority Act of 2002, the proclamation made pursu16 ant to subsection (a) may provide for the reduction 

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

18 not more than 30 percent of such general rate of 

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

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

21 rate of duty proclaimed as the final stage under 

22 such agreement. 

23 (3) ROUNDING.—If the President determines 

24 that such action will simplify the computation of the 

25 amount of duty computed with respect to an article, 


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1 the President may exceed the limitations provided in 

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

3 of— 

4 (A) the difference between such limitation 

5 and the next lower whole number, or 

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

Æ 


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