H. R. 4923 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the fourth day of January, two thousand and sixteen 

An Act 

To establish a process for the submission and consideration of petitions for temporary 

duty suspensions and reductions, 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. SHORT TITLE. 

This Act may be cited as the ‘‘American Manufacturing 

Competitiveness Act of 2016’’. 

SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS 

TARIFF BILL. 

(a) FINDINGS.—Congress makes the following findings: 

(1) As of the date of the enactment of this Act, the Harmonized Tariff Schedule of the United States imposes duties 

on imported goods for which there is no domestic availability 

or insufficient domestic availability. 

(2) The imposition of duties on such goods creates artificial 

distortions in the economy of the United States that negatively 

affect United States manufacturers and consumers. 

(3) The manufacturing competitiveness of the United States 

around the world will be enhanced if Congress regularly and 

predictably updates the Harmonized Tariff Schedule to suspend 

or reduce duties on such goods. 

(4) Creating and maintaining an open and transparent 

process for consideration of petitions for duty suspensions and 

reductions builds confidence that the process is fair, open to 

all, and free of abuse. 

(5) Complying with the Rules of the House of Representatives and the Senate, in particular with clause 9 of rule XXI 

of the Rules of the House of Representatives and rule XLIV 

of the Standing Rules of the Senate, is essential to fostering 

and maintaining confidence in the process for considering a 

miscellaneous tariff bill. 

(6) A miscellaneous tariff bill developed under this process 

will not contain any— 

(A) congressional earmarks or limited tax benefits 

within the meaning of clause 9 of rule XXI of the Rules 

of the House of Representatives; or 

(B) congressionally directed spending items or limited 

tax benefits within the meaning of rule XLIV of the 

Standing Rules of the Senate. 

(7) Because any limited tariff benefits contained in any 

miscellaneous tariff bill following the process set forth by this 

Act will not have been the subject of legislation introduced 
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by an individual Member of Congress and will be fully vetted 

through a transparent and fair process free of abuse, it is 

appropriate for Congress to consider limited tariff benefits as 

part of that miscellaneous tariff bill as long as— 

(A) in the case of a miscellaneous tariff bill considered 

in the House of Representatives, consistent with the Rules 

of the House of Representatives, a list of such limited 

tariff benefits is published in the reports of the Committee 

on Ways and Means of the House of Representatives accompanying the miscellaneous tariff bill, or in the Congressional Record; and 

(B) in the case of a miscellaneous tariff bill considered 

in the Senate, consistent with the Standing Rules of the 

Senate— 

(i) such limited tariff benefits have been identified 

through lists, charts, or other similar means; and 

(ii) the information identified in clause (i) has been 

available on a publicly accessible congressional website 

in a searchable format at least 48 hours before the 

vote on the motion to proceed to the miscellaneous 

tariff bill or the vote on the adoption of a report of 

a committee of conference in connection with the miscellaneous tariff bill, as the case may be. 

(8) When the process set forth under paragraph (7) is 

followed, it is consistent with the letter and intent of the 

Rules of the House of Representatives and the Senate and 

other related guidance. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that, 

to remove the competitive disadvantage to United States manufacturers and consumers and to promote the competitiveness of United 

States manufacturers, Congress should, not later than 90 days 

after the United States International Trade Commission issues 

a final report on petitions for duty suspensions and reductions 

under section 3(b)(3)(E), consider a miscellaneous tariff bill. 

SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY 

SUSPENSIONS AND REDUCTIONS. 

(a) PURPOSE.—It is the purpose of this section to establish 

a process for the submission and consideration of petitions for 

duty suspensions and reductions. 

(b) REQUIREMENTS OF COMMISSION.— 

(1) INITIATION.—Not later than October 15, 2016, and 

October 15, 2019, the Commission shall publish in the Federal 

Register and on a publicly available Internet website of the 

Commission a notice requesting members of the public who 

can demonstrate that they are likely beneficiaries of duty 

suspensions or reductions to submit to the Commission during 

the 60-day period beginning on the date of such publication— 

(A) petitions for duty suspensions and reductions; and 

(B) Commission disclosure forms with respect to such 

duty suspensions and reductions. 

(2) CONTENT OF PETITIONS.—Each petition for a duty 

suspension or reduction under paragraph (1)(A) shall include 

the following information: 

(A) The name and address of the petitioner. 
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(B) A statement as to whether the petition provides 

for an extension of an existing duty suspension or reduction 

or provides for a new duty suspension or reduction. 

(C) A certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction. 

(D) An article description for the proposed duty suspension or reduction to be included in the amendment to 

subchapter II of chapter 99 of the Harmonized Tariff 

Schedule of the United States. 

(E) To the extent available— 

(i) a classification of the article for purposes of 

the amendment to subchapter II of chapter 99 of the 

Harmonized Tariff Schedule of the United States; 

(ii) a classification ruling of U.S. Customs and 

Border Protection with respect to the article; and 

(iii) a copy of a U.S. Customs and Border Protection 

entry summary indicating where the article is classified in the Harmonized Tariff Schedule of the United 

States. 

(F) A brief and general description of the article. 

(G) A brief description of the industry in the United 

States that uses the article. 

(H) An estimate of the total value, in United States 

dollars, of imports of the article for each of the 5 calendar 

years after the calendar year in which the petition is filed, 

including an estimate of the total value of such imports 

by the person who submits the petition and by any other 

importers, if available. 

(I) The name of each person that imports the article, 

if available. 

(J) A description of any domestic production of the 

article, if available. 

(K) Such other information as the Commission may 

require. 

(3) REVIEW.— 

(A) COMMISSION PUBLICATION AND PUBLIC AVAILABILITY.—As soon as practicable after the expiration of 

the 60-day period specified in paragraph (1), but in any 

case not later than 30 days after the expiration of such 

60-day period, the Commission shall publish on a publicly 

available Internet website of the Commission— 

(i) the petitions for duty suspensions and reductions submitted under paragraph (1)(A) that contain 

the information required under paragraph (2); and 

(ii) the Commission disclosure forms with respect 

to such duty suspensions and reductions submitted 

under paragraph (1)(B). 

(B) PUBLIC COMMENT.— 

(i) IN GENERAL.—The Commission shall publish 

in the Federal Register and on a publicly available 

Internet website of the Commission a notice requesting 

members of the public to submit to the Commission 

during the 45-day period beginning on the date of 

publication described in subparagraph (A) comments 

on— 
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(I) the petitions for duty suspensions and 

reductions published by the Commission under 

subparagraph (A)(i); and 

(II) the Commission disclosure forms with 

respect to such duty suspensions and reductions 

published by the Commission under subparagraph 

(A)(ii). 

(ii) PUBLICATION OF COMMENTS.—The Commission 

shall publish a notice in the Federal Register directing 

members of the public to a publicly available Internet 

website of the Commission to view the comments of 

the members of the public received under clause (i). 

(C) PRELIMINARY REPORT.— 

(i) IN GENERAL.—As soon as practicable after the 

expiration of the 120-day period beginning on the date 

of publication described in subparagraph (A), but in 

any case not later than 30 days after the expiration 

of such 120-day period, the Commission shall submit 

to the appropriate congressional committees a preliminary report on the petitions for duty suspensions and 

reductions submitted under paragraph (1)(A). The 

preliminary report shall contain the following information with respect to each petition for a duty suspension 

or reduction: 

(I) The heading or subheading of the Harmonized Tariff Schedule of the United States in 

which each article that is the subject of the petition 

for the duty suspension or reduction is classified, 

as identified by documentation supplied to the 

Commission, and any supporting information 

obtained by the Commission. 

(II) A determination of whether or not 

domestic production of the article that is the subject of the petition for the duty suspension or 

reduction exists, taking into account the report 

of the Secretary of Commerce under subsection 

(c)(1), and, if such production exists, whether or 

not a domestic producer of the article objects to 

the duty suspension or reduction. 

(III) Any technical changes to the article 

description of the article that is the subject of 

the petition for the duty suspension or reduction 

that are necessary for purposes of administration 

when the article is presented for importation, 

taking into account the report of the Secretary 

of Commerce under subsection (c)(2). 

(IV) An estimate of the amount of loss in revenue to the United States that would no longer 

be collected if the duty suspension or reduction 

takes effect. 

(V) A determination of whether or not the 

duty suspension or reduction is available to any 

person that imports the article that is the subject 

of the duty suspension or reduction. 

(VI) The likely beneficiaries of each duty 

suspension or reduction, including whether the 

petitioner is a likely beneficiary. 
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(ii) CATEGORIES OF INFORMATION.—The preliminary report submitted under clause (i) shall also contain the following information: 

(I) A list of petitions for duty suspensions and 

reductions that meet the requirements of this Act 

without modifications. 

(II) A list of petitions for duty suspensions 

and reductions for which the Commission recommends technical corrections in order to meet 

the requirements of this Act, with the correction 

specified. 

(III) A list of petitions for duty suspensions 

and reductions for which the Commission recommends modifications to the amount of the duty 

suspension or reduction that is the subject of the 

petition to comply with the requirements of this 

Act, with the modification specified. 

(IV) A list of petitions for duty suspensions 

and reductions for which the Commission recommends modifications to the scope of the articles 

that are the subject of such petitions to address 

objections by domestic producers to such petitions, 

with the modifications specified. 

(V) A list of the following: 

(aa) Petitions for duty suspensions and 

reductions that the Commission has determined do not contain the information required 

under paragraph (2). 

(bb) Petitions for duty suspensions and 

reductions with respect to which the Commission has determined the petitioner is not a 

likely beneficiary. 

(VI) A list of petitions for duty suspensions 

and reductions that the Commission does not recommend for inclusion in a miscellaneous tariff bill, 

other than petitions specified in subclause (V). 

(D) ADDITIONAL INFORMATION.—The Commission shall 

consider any information submitted by the appropriate 

congressional committees to the Commission relating to 

moving a petition that is contained in the list referred 

to in subclause (VI) of subparagraph (C)(ii) of the preliminary report submitted under subparagraph (C) to a list 

referred to in subclause (I), (II), (III), or (IV) of subparagraph (C)(ii). 

(E) FINAL REPORT.—Not later than 60 days after the 

date on which the preliminary report is submitted under 

subparagraph (C), the Commission shall submit to the 

appropriate congressional committees a final report on each 

petition for a duty suspension or reduction specified in 

the preliminary report. The final report shall contain with 

respect to each such petition— 

(i) the information required under clauses (i) and 

(ii) of subparagraph (C) and updated as appropriate 

under subparagraph (D); and 

(ii) a determination of the Commission whether— 
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(I) the duty suspension or reduction can likely 

be administered by U.S. Customs and Border 

Protection; 

(II) the estimated loss in revenue to the United 

States from the duty suspension or reduction does 

not exceed $500,000 in a calendar year during 

which the duty suspension or reduction would be 

in effect; and 

(III) the duty suspension or reduction is available to any person importing the article that is 

the subject of the duty suspension or reduction. 

(F) EXCLUSIONS.—The appropriate congressional 

committees may exclude from a miscellaneous tariff bill 

any petition for a duty suspension or reduction that— 

(i) is contained in any list referred to in subclause 

(I), (II), (III), or (IV) of subparagraph (C)(ii), as updated 

as appropriate under subparagraph (E)(i); 

(ii) is the subject of an objection from a Member 

of Congress; or 

(iii) is for an article for which there is domestic 

production. 

(G) ESTIMATES BY THE CONGRESSIONAL BUDGET

OFFICE.—For purposes of reflecting the estimate of the 

Congressional Budget Office, the appropriate congressional 

committees shall adjust the amount of a duty suspension 

or reduction in a miscellaneous tariff bill only to assure 

that the estimated loss in revenue to the United States 

from that duty suspension or reduction, as estimated by 

the Congressional Budget Office, does not exceed $500,000 

in a calendar year during which the duty suspension or 

reduction would be in effect. 

(H) PROHIBITIONS.—Any petitions for duty suspensions 

or reductions that are contained in any list referred to 

in subclause (V) or (VI) of subparagraph (C)(ii), as updated 

as appropriate under subparagraph (E)(i), or have not 

otherwise undergone the processes required by this Act 

shall not be included in a miscellaneous tariff bill. 

(4) CONFIDENTIAL BUSINESS INFORMATION.—The procedures 

concerning the release of confidential business information set 

forth in section 332(g) of the Tariff Act of 1930 (19 U.S.C. 

1332(g)) shall apply with respect to information received by 

the Commission in posting petitions on a publicly available 

website of the Commission and in preparing reports under 

this subsection. 

(5) PROCEDURES.—The Commission shall prescribe and 

publish in the Federal Register and on a publicly available 

Internet website of the Commission procedures to be complied 

with by members of the public submitting petitions for duty 

suspensions and reductions under subsection (b)(1)(A). 

(c) DEPARTMENT OF COMMERCE REPORT.—Not later than the 

end of the 90-day period beginning on the date of publication 

of the petitions for duty suspensions and reductions under subsection (b)(3)(A), the Secretary of Commerce, in consultation with 

U.S. Customs and Border Protection and other relevant Federal 

agencies, shall submit to the Commission and the appropriate 

congressional committees a report on each petition for a duty 
H. R. 4923—7 

suspension or reduction submitted under subsection (b)(1)(A) that 

includes the following information: 

(1) A determination of whether or not domestic production 

of the article that is the subject of the petition for the duty 

suspension or reduction exists and, if such production exists, 

whether or not a domestic producer of the article objects to 

the petition for the duty suspension or reduction. 

(2) Any technical changes to the article description that 

are necessary for purposes of administration when articles are 

presented for importation. 

SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON UNITED STATES ECONOMY. 

(a) IN GENERAL.—Not later than 12 months after the date 

of the enactment of a miscellaneous tariff bill, the Commission 

shall submit to the appropriate congressional committees a report 

on the effects on the United States economy of duty suspensions 

and reductions enacted pursuant to this Act, including a broad 

assessment of the economic effects of such duty suspensions and 

reductions on producers, purchasers, and consumers in the United 

States, using case studies describing such effects on selected industries or by type of article as available data permit. 

(b) RECOMMENDATIONS.—The Commission shall also solicit and 

append to the report required under subsection (a) recommendations 

with respect to those domestic industry sectors or specific domestic 

industries that might benefit from permanent duty suspensions 

and reductions, either through a unilateral action of the United 

States or though negotiations for reciprocal tariff agreements, with 

a particular focus on inequities created by tariff inversions. 

(c) FORM OF REPORT.—Each report required by this section 

shall be submitted in unclassified form, but may include a classified 

annex. 

SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN THE HOUSE 

OF REPRESENTATIVES AND THE SENATE. 

(a) HOUSE OF REPRESENTATIVES.— 

(1) IN GENERAL.—The chair of the Committee on Ways 

and Means of the House of Representatives shall include a 

list of limited tariff benefits contained in a miscellaneous tariff 

bill in the report to accompany such a bill or, in a case where 

a miscellaneous tariff bill is not reported by the committee, 

shall cause such a list to be printed in the appropriate section 

of the Congressional Record. 

(2) LIMITED TARIFF BENEFIT DEFINED.—For purposes of this 

subsection and consistent with clause 9 of rule XXI of the 

Rules of the House of Representatives, as in effect during 

the One Hundred Fourteenth Congress, the term ‘‘limited tariff 

benefit’’ means a provision modifying the Harmonized Tariff 

Schedule of the United States in a manner that benefits 10 

or fewer entities. 

(b) SENATE.— 

(1) IN GENERAL.—The chairman of the Committee on 

Finance of the Senate, the Majority Leader of the Senate, 

or the designee of the Majority Leader of the Senate, shall 

provide for the publication in the Congressional Record of a 

certification that— 
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(A) each limited tariff benefit contained in a miscellaneous tariff bill considered in the Senate has been identified 

through lists, charts, or other similar means; and 

(B) the information identified in subparagraph (A) has 

been available on a publicly accessible congressional 

website in a searchable format at least 48 hours before 

the vote on the motion to proceed to the miscellaneous 

tariff bill or the vote on the adoption of a report of a 

committee of conference in connection with the miscellaneous tariff bill, as the case may be. 

(2) SATISFACTION OF SENATE RULES.—Publication of a certification in the Congressional Record under paragraph (1) 

satisfies the certification requirements of paragraphs 1(a), 2(a), 

and 3(a) of rule XLIV of the Standing Rules of the Senate. 

(3) LIMITED TARIFF BENEFIT DEFINED.—For purposes of this 

subsection and consistent with rule XLIV of the Standing Rules 

of the Senate, as in effect during the One Hundred Fourteenth 

Congress, the term ‘‘limited tariff benefit’’ means a provision 

modifying the Harmonized Tariff Schedule of the United States 

in a manner that benefits 10 or fewer entities. 

(c) ENACTMENT AS EXERCISE OF RULEMAKING POWER OF HOUSE

OF REPRESENTATIVES AND SENATE.—This section is enacted by Congress— 

(1) as an exercise of the rulemaking power of the House 

of Representatives and the Senate, respectively, and as such 

are deemed a part of the rules of each House, respectively, 

and such procedures supersede other rules only to the extent 

that they are inconsistent with such other rules; and 

(2) with full recognition of the constitutional right of either 

House to change the rules (so far as relating to the procedure 

of that House) at any time, in the same manner, and to the 

same extent as in the case of any other rule of that House. 

SEC. 6. JUDICIAL REVIEW PRECLUDED. 

The exercise of functions under this Act shall not be subject 

to judicial review. 

SEC. 7. DEFINITIONS. 

In this Act: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Ways and Means of the House of Representatives and the 

Committee on Finance of the Senate. 

(2) COMMISSION.—The term ‘‘Commission’’ means the 

United States International Trade Commission. 

(3) COMMISSION DISCLOSURE FORM.—The term ‘‘Commission 

disclosure form’’ means, with respect to a petition for a duty 

suspension or reduction, a document submitted by a petitioner 

to the Commission that contains the following: 

(A) The contact information for any known importers 

of the article to which the proposed duty suspension or 

reduction would apply. 

(B) A certification by the petitioner that the proposed 

duty suspension or reduction is available to any person 

importing the article to which the proposed duty suspension 

or reduction would apply. 

(C) A certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction. 
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(4) DOMESTIC PRODUCER.—The term ‘‘domestic producer’’ 

means a person that demonstrates production, or imminent 

production, in the United States of an article that is identical 

to, or like or directly competitive with, an article to which 

a petition for a duty suspension or reduction would apply. 

(5) DOMESTIC PRODUCTION.—The term ‘‘domestic production’’ means the production of an article that is identical to, 

or like or directly competitive with, an article to which a petition 

for a duty suspension or reduction would apply, for which 

a domestic producer has demonstrated production, or imminent 

production, in the United States. 

(6) DUTY SUSPENSION OR REDUCTION.—The term ‘‘duty 

suspension or reduction’’ refers to an amendment to subchapter 

II of chapter 99 of the Harmonized Tariff Schedule of the 

United States for a period not to exceed 3 years that— 

(A) extends an existing temporary duty suspension 

or reduction on an article under that subchapter; or 

(B) provides for a new temporary duty suspension or 

reduction on an article under that subchapter. 

(7) LIKELY BENEFICIARY.—The term ‘‘likely beneficiary’’ 

means an individual or entity likely to utilize, or benefit directly 

from the utilization of, an article that is the subject of a 

petition for a duty suspension or reduction. 

(8) MEMBER OF CONGRESS.—The term ‘‘Member of Congress’’ means a Senator or Representative in, or Delegate or 

Resident Commissioner to, Congress. 

(9) MISCELLANEOUS TARIFF BILL.—The term ‘‘miscellaneous 

tariff bill’’ means a bill of either House of Congress that contains 

only duty suspensions and reductions and related technical 

corrections that— 

(A) are included in the final report of the Commission 

submitted to the appropriate congressional committees 

under section 3(b)(3)(E), except for— 

(i) petitions for duty suspensions or reductions that 

the Commission has determined do not contain the 

information required under section 3(b)(2); 

(ii) petitions for duty suspensions and reductions 

with respect to which the Commission has determined 

the petitioner is not a likely beneficiary; and 

(iii) petitions for duty suspensions and reductions 

that the Commission does not recommend for inclusion 

in the miscellaneous tariff bill; 

(B) are not excluded under section 3(b)(3)(F); and 
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(C) otherwise meet the applicable requirements of this 

Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.