I 

109TH CONGRESS 

1ST SESSION H. R. 521 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2005 

Mr. SHERWOOD (for himself, Mr. OBEY, Mr. MCHUGH, Mr. SIMMONS, Ms. 

BALDWIN, Mr. GOODE, Mr. HOLDEN, Mr. LARSEN of Washington, Mr. 

ETHERIDGE, Mr. MCNULTY, Ms. SLAUGHTER, Ms. WOOLSEY, Mr. 

MCGOVERN, Mr. SHUSTER, Mr. OBERSTAR, Mr. RAHALL, Mr. LEWIS of 

Kentucky, Mr. COSTELLO, Mr. SANDERS, Mr. NUNES, Mr. MCINTYRE, 

Mr. PITTS, Mr. WELDON of Pennsylvania, Mr. KILDEE, Mr. STRICKLAND, Mr. FILNER, Mr. CARDOZA, Mr. BOUCHER, Mr. ABERCROMBIE, 

Mr. DUNCAN, Ms. MCCOLLUM of Minnesota, Mr. PETRI, Ms. HART, Mr. 

BUTTERFIELD, Mr. SWEENEY, Mr. WILSON of South Carolina, Mr. 

JINDAL, Mr. GRIJALVA, Mr. KIND, Mr. WALSH, Mr. BOEHLERT, Mr. PETERSON of Pennsylvania, Mr. KUHL of New York, Mrs. KELLY, Mr. STUPAK, Mr. SENSENBRENNER, Mr. HALL, Mrs. JOHNSON of Connecticut, 

Mr. GRAVES, Mr. DOYLE, Mr. ENGLISH of Pennsylvania, Mr. TAYLOR of 

Mississippi, Mr. GERLACH, Mr. KANJORSKI, Mr. DENT, Mr. ENGEL, Mr. 

FARR, Mr. GALLEGLY, Mr. MURTHA, Mr. REHBERG, and Mr. SAXTON) 

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, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Milk Import Tariff 

3 Equity Act’’. 

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

5 CASEIN AND MILK CONCENTRATES. 

6 (a) CASEIN AND CASEIN PRODUCTS.— 

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

8 chapter 35 of the Harmonized Tariff Schedule of the 

9 United States is amended— 

10 (A) by striking ‘‘Additional U.S. Note’’ 

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

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

13 3501.10.10’’ and inserting ‘‘subheadings 

14 3501.10.05, 3501.10.15, and 3501.10.20’’; and 

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

16 note: 

17 ‘‘2. The aggregate quantity of casein, caseinates, milk pro18 tein concentrate, and other casein derivatives entered 

19 under subheadings 3501.10.15, 3501.10.65, and 

20 3501.90.65 in any calendar year shall not exceed 

21 54,051,000 kilograms. Articles the product of Mexico 

22 shall not be permitted or included under this quan23 titative limitation and no such article shall be classifi24 able therein.’’. 

25 (2) RATES FOR CERTAIN CASEINS, CASEINATES, 

26 AND OTHER DERIVATIVES AND GLUES.—Chapter 35 
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1 of the Harmonized Tariff Schedule of the United 

2 States is amended by striking subheadings 3501.10 

3 through 3501.90.60 and inserting the following new 

4 subheadings, with the article descriptions for sub5 headings 3501.10 and 3501.90 having the same de6 gree of indentation as the article description for sub7 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) 

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) 

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) 

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) 

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) 

4.5% (SG) 

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) 

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) 

12.1¢/kg 
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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) 

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 

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

9 note: 

10 ‘‘27. The aggregate quantity of milk protein concentrates 

11 entered under subheading 0404.90.15 in any cal12 endar year shall not exceed 15,818,000 kilograms. 

13 Articles the product of Mexico shall not be permitted 

14 or included under this quantitative limitation and no 

15 such article shall be classifiable therein.’’. 

16 (2) RATES FOR CERTAIN MILK PROTEIN CON17 CENTRATES.—Chapter 4 of the Harmonized Tariff 

18 Schedule of the United States is amended by strik19 ing subheadings 0404.90 through 0404.90.10 and 

20 inserting the following new subheadings, with the ar21 ticle description for subheading 0404.90 having the 

22 same degree of indentation as the article description 
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1 for subheading 0404.10 and with the article descrip2 tions for subheadings 0404.90.05, 0404.90.15, and 

3 0404.90.20 having the same degree of indentation as 

4 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) 

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) 

12¢/kg 

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

’’. 

5 (c) EFFECTIVE DATE.— 

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

7 this section apply to goods entered, or withdrawn 

8 from warehouse for consumption, on or after the 

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

10 days after the date of enactment of this Act. 

11 (2) TRANSITIONAL PROVISIONS.— 

12 (A) CHAPTER 35.—Notwithstanding the 

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

14 this section, in the case of any calendar year 

15 that includes the effective date described in 

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

17 caseinates, milk protein concentrate, and other 

18 casein derivatives entered under subheadings 

19 3501.10.15, 3501.10.65, and 3501.90.65 shall 

20 not exceed an amount equal to 148,085 kilo-
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1 grams multiplied by the number of calendar 

2 days remaining in such year beginning with 

3 such effective date. 

4 (B) CHAPTER 4.—Notwithstanding the 

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

6 this section, in the case of any calendar year 

7 that includes the effective date described in 

8 paragraph (1), the aggregate amount of milk 

9 protein concentrates entered under subheading 

10 0404.90.15 shall not exceed an amount equal to 

11 43,337 kilograms multiplied by the number of 

12 calendar days remaining in such year beginning 

13 with such effective date. 

14 SEC. 3. COMPENSATION AUTHORITY. 

15 (a) IN GENERAL.—If the provisions of section 1 re16 quire, the President— 

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

18 foreign country or instrumentality for the purpose of 

19 granting new concessions as compensation in order 

20 to maintain the general level of reciprocal and mutu21 ally advantageous concessions; and 

22 (2) may proclaim such modification or continu23 ance of any general rate of duty, or such continu24 ance of duty-free or excise treatment, or any quan25 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