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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2946 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2946

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2012

 Mr. Menendez introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF HIGH-DENSITY, 
              FIBERBOARD-CORE LAMINATE WALL AND FLOOR PANELS.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of 
1930 (19 U.S.C. 1514) or any other provision of law, U.S. Customs and 
Border Protection shall, not later than 90 days after receiving a 
request described in subsection (c), liquidate or reliquidate each 
entry described in subsection (b) at the duty rate of 3.2 percent ad 
valorem.
    (b) Entries Described.--Entries described in this subsection are 
entries of fiberboard produced using the dry method of production 
that--
            (1) were entered on or after January 1, 1994, and on or 
        before February 2, 2007;
            (2) were classified at the time of entry under subheading 
        4411.19.40 of the Harmonized Tariff Schedule of the United 
        States; and
            (3) are substantially similar to the merchandise that was 
        the subject of the decisions of the Court of Appeals for the 
        Federal Circuit in Faus Group, Inc. v. United States, 581 F.3d 
        1369 (Fed. Cir. 2009), and Witex USA, Inc., et al. v. United 
        States, 333 Fed. App. 569 (Fed. Cir. 2009).
    (c) Access to Entry Information.--
            (1) Notice.--Not later than 30 days after the date of the 
        enactment of this Act, the Commissioner responsible for U.S. 
        Customs and Border Protection (in this section referred to as 
        the ``Commissioner'') shall provide notice to all importers of 
        entries described in subsection (b) that they are entitled to 
        request copies of the electronic records of U.S. Customs and 
        Border Protection with respect to those entries, including 
        information with respect to--
                    (A) the date and value of those entries; and
                    (B) whether or not U.S. Customs and Border 
                Protection suspended the liquidation of those entries.
            (2) Provision of entry information.--The Commissioner shall 
        provide information requested under paragraph (1) to the 
        importer that requested the information not later than 15 days 
        after receiving the request of the importer.
    (d) Requests.--Any person seeking a liquidation or reliquidation 
pursuant to subsection (a) with respect to an entry shall file a proper 
request with U.S. Customs and Border Protection not later than the date 
that is 90 days after the date of the enactment of this Act that 
contains--
            (1) sufficient information to enable U.S. Customs and 
        Border Protection--
                    (A) to locate the entry; or
                    (B) to reconstruct the entry if it cannot be 
                located; and
            (2) the entry summary documents for the entry and all 
        supporting documents necessary to demonstrate to U.S. Customs 
        and Border Protection that the entry is an entry described in 
        subsection (b).
    (e) Payment of Amounts Owed.--Any amounts owed by the United States 
pursuant to the liquidation or reliquidation of an entry under 
subsection (a) shall be paid by U.S. Customs and Border Protection not 
later than 30 days after the date of the liquidation or reliquidation.
    (f) Report to Congress.--Not later than 150 days after the date of 
the enactment of this Act, the Commissioner shall submit to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report that specifies--
            (1) which entries described in subsection (b) have been 
        liquidated or reliquidated pursuant to subsection (a); and
            (2) the amounts refunded pursuant to liquidations and 
        reliquidations pursuant to subsection (a) in the aggregate and 
        by importer, entry number, date, and port of entry.
                                 <all>
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