I 

114TH CONGRESS 

2D SESSION H. R. 4923 

To establish a process for the submission and consideration of petitions 

for temporary duty suspensions and reductions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2016 

Mr. BRADY of Texas (for himself, Mr. LEVIN, Mr. REICHERT, Mr. RANGEL, 

Mr. TIBERI, Mr. BLUMENAUER, Mr. REED, Mr. PASCRELL, Mr. 

RENACCI, Mr. DANNY K. DAVIS of Illinois, Mr. WALKER, Mr. CLYBURN, 

Mr. MULVANEY, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. MCCLINTOCK, Mr. BISHOP of Georgia, Mr. ROKITA, Mr. COURTNEY, and Mr. 

BLUM) introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committee on Rules, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a process for the submission and consideration 

of petitions for temporary duty suspensions and reductions, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Manufac5 turing Competitiveness Act of 2016’’. 


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1 SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MIS2 CELLANEOUS TARIFF BILL. 

3 (a) FINDINGS.—Congress makes the following find4 ings: 

5 (1) As of the date of the enactment of this Act, 

6 the Harmonized Tariff Schedule of the United 

7 States imposes duties on imported goods for which 

8 there is no domestic availability or insufficient do9 mestic availability. 

10 (2) The imposition of duties on such goods cre11 ates artificial distortions in the economy of the 

12 United States that negatively affect United States 

13 manufacturers and consumers. 

14 (3) The manufacturing competitiveness of the 

15 United States around the world will be enhanced if 

16 Congress regularly and predictably updates the Har17 monized Tariff Schedule to suspend or reduce duties 

18 on such goods. 

19 (4) Creating and maintaining an open and 

20 transparent process for consideration of petitions for 

21 duty suspensions and reductions builds confidence 

22 that the process is fair, open to all, and free of 

23 abuse. 

24 (5) Complying with the Rules of the House of 

25 Representatives and the Senate, in particular with 

26 clause 9 of rule XXI of the Rules of the House of 


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1 Representatives and rule XLIV of the Standing 

2 Rules of the Senate, is essential to fostering and 

3 maintaining confidence in the process for consid4 ering a miscellaneous tariff bill. 

5 (6) A miscellaneous tariff bill developed under 

6 this process will not contain any— 

7 (A) congressional earmarks or limited tax 

8 benefits within the meaning of clause 9 of rule 

9 XXI of the Rules of the House of Representa10 tives; or 

11 (B) congressionally directed spending items 

12 or limited tax benefits within the meaning of 

13 rule XLIV of the Standing Rules of the Senate. 

14 (7) Because any limited tariff benefits con15 tained in any miscellaneous tariff bill following the 

16 process set forth by this Act will not have been the 

17 subject of legislation introduced by an individual 

18 Member of Congress and will be fully vetted through 

19 a transparent and fair process free of abuse, it is ap20 propriate for Congress to consider limited tariff ben21 efits as part of that miscellaneous tariff bill as long 

22 as— 

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

24 considered in the House of Representatives, 

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1 resentatives, a list of such limited tariff benefits 

2 is published in the reports of the Committee on 

3 Ways and Means of the House of Representa4 tives accompanying the miscellaneous tariff bill, 

5 or in the Congressional Record; and 

6 (B) in the case of a miscellaneous tariff 

7 bill considered in the Senate, consistent with 

8 the Standing Rules of the Senate— 

9 (i) such limited tariff benefits have 

10 been identified through lists, charts, or 

11 other similar means; and 

12 (ii) the information identified in 

13 clause (i) has been available on a publicly 

14 accessible congressional website in a 

15 searchable format at least 48 hours before 

16 the vote on the motion to proceed to the 

17 miscellaneous tariff bill or the vote on the 

18 adoption of a report of a committee of con19 ference in connection with the miscella20 neous tariff bill, as the case may be. 

21 (8) When the process set forth under paragraph 

22 (7) is followed, it is consistent with the letter and in23 tent of the Rules of the House of Representatives 

24 and the Senate and other related guidance. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that, to remove the competitive disadvantage to 

3 United States manufacturers and consumers and to pro4 mote the competitiveness of United States manufacturers, 

5 Congress should, not later than 90 days after the United 

6 States International Trade Commission issues a final re7 port on petitions for duty suspensions and reductions 

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

9 bill. 

10 SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR 

11 DUTY SUSPENSIONS AND REDUCTIONS. 

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

13 establish a process for the submission and consideration 

14 of petitions for duty suspensions and reductions. 

15 (b) REQUIREMENTS OF COMMISSION.— 

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

17 2016, and October 15, 2019, the Commission shall 

18 publish in the Federal Register and on a publicly 

19 available Internet website of the Commission a no20 tice requesting members of the public who can dem21 onstrate that they are likely beneficiaries of duty 

22 suspensions or reductions to submit to the Commis23 sion during the 60-day period beginning on the date 

24 of such publication— 


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1 (A) petitions for duty suspensions and re2 ductions; and 

3 (B) Commission disclosure forms with re4 spect to such duty suspensions and reductions. 

5 (2) CONTENT OF PETITIONS.—Each petition 

6 for a duty suspension or reduction under paragraph 

7 (1)(A) shall include the following information: 

8 (A) The name and address of the peti9 tioner. 

10 (B) A statement as to whether the petition 

11 provides for an extension of an existing duty 

12 suspension or reduction or provides for a new 

13 duty suspension or reduction. 

14 (C) A certification that the petitioner is a 

15 likely beneficiary of the proposed duty suspen16 sion or reduction. 

17 (D) An article description for the proposed 

18 duty suspension or reduction to be included in 

19 the amendment to subchapter II of chapter 99 

20 of the Harmonized Tariff Schedule of the 

21 United States. 

22 (E) To the extent available— 

23 (i) a classification of the article for 

24 purposes of the amendment to subchapter 


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1 II of chapter 99 of the Harmonized Tariff 

2 Schedule of the United States; 

3 (ii) a classification ruling of U.S. Cus4 toms and Border Protection with respect 

5 to the article; and 

6 (iii) a copy of a U.S. Customs and 

7 Border Protection entry summary indi8 cating where the article is classified in the 

9 Harmonized Tariff Schedule of the United 

10 States. 

11 (F) A brief and general description of the 

12 article. 

13 (G) A brief description of the industry in 

14 the United States that uses the article. 

15 (H) An estimate of the total value, in 

16 United States dollars, of imports of the article 

17 for each of the 5 calendar years after the cal18 endar year in which the petition is filed, includ19 ing an estimate of the total value of such im20 ports by the person who submits the petition 

21 and by any other importers, if available. 

22 (I) The name of each person that imports 

23 the article, if available. 

24 (J) A description of any domestic produc25 tion of the article, if available. 


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1 (K) Such other information as the Com2 mission may require. 

3 (3) REVIEW.— 

4 (A) COMMISSION PUBLICATION AND PUB5 LIC AVAILABILITY.—As soon as practicable 

6 after the expiration of the 60-day period speci7 fied in paragraph (1), but in any case not later 

8 than 30 days after the expiration of such 60- 

9 day period, the Commission shall publish on a 

10 publicly available Internet website of the Com11 mission— 

12 (i) a list of the petitions for duty sus13 pensions and reductions submitted under 

14 paragraph (1)(A) that contain the informa15 tion required under paragraph (2); and 

16 (ii) the Commission disclosure forms 

17 with respect to such duty suspensions and 

18 reductions submitted under paragraph 

19 (1)(B). 

20 (B) PUBLIC COMMENT.— 

21 (i) IN GENERAL.—The Commission 

22 shall publish in the Federal Register and 

23 on a publicly available Internet website of 

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1 mission during the 45-day period begin2 ning on the date of publication described 

3 in subparagraph (A) comments on— 

4 (I) the list of the petitions for 

5 duty suspensions and reductions pub6 lished by the Commission under sub7 paragraph (A)(i); and 

8 (II) the Commission disclosure 

9 forms with respect to such duty sus10 pensions and reductions published by 

11 the Commission under subparagraph 

12 (A)(ii). 

13 (ii) PUBLICATION OF COMMENTS.— 

14 The Commission shall publish in the Fed15 eral Register and on a publicly available 

16 Internet website of the Commission the 

17 comments of the members of the public re18 ceived under clause (i). 

19 (C) PRELIMINARY REPORT.— 

20 (i) IN GENERAL.—As soon as prac21 ticable after the expiration of the 120-day 

22 period beginning on the date of publication 

23 described in subparagraph (A), but in any 

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1 mission shall submit to the appropriate 

2 congressional committees a preliminary re3 port on the petitions for duty suspensions 

4 and reductions submitted under paragraph 

5 (1)(A). The preliminary report shall con6 tain the following information with respect 

7 to each petition for a duty suspension or 

8 reduction: 

9 (I) The heading or subheading of 

10 the Harmonized Tariff Schedule of 

11 the United States in which each arti12 cle that is the subject of the petition 

13 for the duty suspension or reduction 

14 is classified, as identified by docu15 mentation supplied to the Commis16 sion, and any supporting information 

17 obtained by the Commission. 

18 (II) A determination of whether 

19 or not domestic production of the arti20 cle that is the subject of the petition 

21 for the duty suspension or reduction 

22 exists, taking into account the report 

23 of the Secretary of Commerce under 

24 subsection (c)(1), and, if such produc25 tion exists, whether or not a domestic 


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1 producer of the article objects to the 

2 duty suspension or reduction. 

3 (III) Any technical changes to 

4 the article description of the article 

5 that is the subject of the petition for 

6 the duty suspension or reduction that 

7 are necessary for purposes of adminis8 tration when the article is presented 

9 for importation, taking into account 

10 the report of the Secretary of Com11 merce under subsection (c)(2). 

12 (IV) An estimate of the amount 

13 of loss in revenue to the United States 

14 that would no longer be collected if 

15 the duty suspension or reduction 

16 takes effect. 

17 (V) A determination of whether 

18 or not the duty suspension or reduc19 tion is available to any person that 

20 imports the article that is the subject 

21 of the duty suspension or reduction. 

22 (VI) The likely beneficiaries of 

23 each duty suspension or reduction, in24 cluding whether the petitioner is a 

25 likely beneficiary. 


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1 (ii) CATEGORIES OF INFORMATION.— 

2 The preliminary report submitted under 

3 clause (i) shall also contain the following 

4 information: 

5 (I) A list of petitions for duty 

6 suspensions and reductions that meet 

7 the requirements of this Act without 

8 modifications. 

9 (II) A list of petitions for duty 

10 suspensions and reductions for which 

11 the Commission recommends technical 

12 corrections in order to meet the re13 quirements of this Act, with the cor14 rection specified. 

15 (III) A list of petitions for duty 

16 suspensions and reductions for which 

17 the Commission recommends modi18 fications to the amount of the duty 

19 suspension or reduction that is the 

20 subject of the petition to comply with 

21 the requirements of this Act, with the 

22 modification specified. 

23 (IV) A list of petitions for duty 

24 suspensions and reductions for which 

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1 fications to the scope of the articles 

2 that are the subject of such petitions 

3 to address objections by domestic pro4 ducers to such petitions, with the 

5 modifications specified. 

6 (V) A list of the following: 

7 (aa) Petitions for duty sus8 pensions and reductions that the 

9 Commission has determined do 

10 not contain the information re11 quired under paragraph (2). 

12 (bb) Petitions for duty sus13 pensions and reductions with re14 spect to which the Commission 

15 has determined the petitioner is 

16 not a likely beneficiary. 

17 (VI) A list of petitions for duty 

18 suspensions and reductions that the 

19 Commission does not recommend for 

20 inclusion in a miscellaneous tariff bill, 

21 other than petitions specified in sub22 clause (V). 

23 (D) ADDITIONAL INFORMATION.—The 

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1 mittees to the Commission relating to moving a 

2 petition that is contained in the list referred to 

3 in subclause (VI) of subparagraph (C)(ii) of the 

4 preliminary report submitted under subpara5 graph (C) to a list referred to in subclause (I), 

6 (II), (III), or (IV) of subparagraph (C)(ii). 

7 (E) FINAL REPORT.—Not later than 60 

8 days after the date on which the preliminary re9 port is submitted under subparagraph (C), the 

10 Commission shall submit to the appropriate 

11 congressional committees a final report on each 

12 petition for a duty suspension or reduction 

13 specified in the preliminary report. The final re14 port shall contain with respect to each such pe15 tition— 

16 (i) the information required under 

17 clauses (i) and (ii) of subparagraph (C) 

18 and updated as appropriate under sub19 paragraph (D); and 

20 (ii) a determination of the Commis21 sion that— 

22 (I) the duty suspension or reduc23 tion can be administered by U.S. Cus24 toms and Border Protection; 


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1 (II) the estimated loss in revenue 

2 to the United States from the duty 

3 suspension or reduction does not ex4 ceed $500,000 in a calendar year dur5 ing which the duty suspension or re6 duction would be in effect, as deter7 mined by the Congressional Budget 

8 Office; and 

9 (III) the duty suspension or re10 duction is available to any person im11 porting the article that is the subject 

12 of the duty suspension or reduction. 

13 (F) EXCLUSIONS.—The appropriate con14 gressional committees may exclude from a mis15 cellaneous tariff bill any petition for a duty sus16 pension or reduction that— 

17 (i) is contained in any list referred to 

18 in subclause (I), (II), (III), or (IV) of sub19 paragraph (C)(ii), as updated as appro20 priate under subparagraph (E)(i); 

21 (ii) is the subject of an objection from 

22 a Member of Congress; or 

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

24 domestic production. 


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1 (G) PROHIBITIONS.—Any petitions for 

2 duty suspensions or reductions that are con3 tained in any list referred to in subclause (V) 

4 or (VI) of subparagraph (C)(ii), as updated as 

5 appropriate under subparagraph (E)(i), or have 

6 not otherwise undergone the processes required 

7 by this Act shall not be included in a miscella8 neous tariff bill. 

9 (4) CONFIDENTIAL BUSINESS INFORMATION.— 

10 The procedures concerning the release of confiden11 tial business information set forth in section 332(g) 

12 of the Tariff Act of 1930 (19 U.S.C. 1332(g)) shall 

13 apply with respect to information received by the 

14 Commission in preparing reports under this sub15 section. 

16 (5) PROCEDURES.—The Commission shall pre17 scribe and publish in the Federal Register and on a 

18 publicly available Internet website of the Commis19 sion procedures to be complied with by members of 

20 the public submitting petitions for duty suspensions 

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

22 (c) DEPARTMENT OF COMMERCE REPORT.—Not 

23 later than the end of the 90-day period beginning on the 

24 date of publication of the petitions for duty suspensions 

25 and reductions under subsection (b)(3)(A), the Secretary 


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1 of Commerce, in consultation with U.S. Customs and Bor2 der Protection and other relevant Federal agencies, shall 

3 submit to the Commission and the appropriate congres4 sional committees a report on each petition for a duty sus5 pension or reduction submitted under subsection (b)(1)(A) 

6 that includes the following information: 

7 (1) A determination of whether or not domestic 

8 production of the article that is the subject of the 

9 petition for the duty suspension or reduction exists 

10 and, if such production exists, whether or not a do11 mestic producer of the article objects to the petition 

12 for the duty suspension or reduction. 

13 (2) Any technical changes to the article descrip14 tion that are necessary for purposes of administra15 tion when articles are presented for importation. 

16 SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND 

17 REDUCTIONS ON UNITED STATES ECONOMY. 

18 (a) IN GENERAL.—Not later than May 1, 2018, and 

19 May 1, 2020, the Commission shall submit to the appro20 priate congressional committees a report on the effects on 

21 the United States economy of duty suspensions and reduc22 tions enacted pursuant to this Act, including a broad as23 sessment of the economic effects of such duty suspensions 

24 and reductions on producers, purchasers, and consumers 

25 in the United States, using case studies describing such 


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1 effects on selected industries or by type of article as avail2 able data permit. 

3 (b) RECOMMENDATIONS.—The Commission shall also 

4 solicit and append to the report required under subsection 

5 (a) recommendations with respect to those domestic indus6 try sectors or specific domestic industries that might ben7 efit from permanent duty suspensions and reductions, ei8 ther through a unilateral action of the United States or 

9 though negotiations for reciprocal tariff agreements, with 

10 a particular focus on inequities created by tariff inver11 sions. 

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

13 section shall be submitted in unclassified form, but may 

14 include a classified annex. 

15 SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN 

16 THE HOUSE OF REPRESENTATIVES AND THE 

17 SENATE. 

18 (a) HOUSE OF REPRESENTATIVES.— 

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

20 on Ways and Means of the House of Representatives 

21 shall include a list of limited tariff benefits con22 tained in a miscellaneous tariff bill in the report to 

23 accompany such a bill or, in a case where a miscella24 neous tariff bill is not reported by the committee, 


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1 shall cause such a list to be printed in the appro2 priate section of the Congressional Record. 

3 (2) LIMITED TARIFF BENEFIT DEFINED.—For 

4 purposes of this subsection and consistent with 

5 clause 9 of rule XXI of the Rules of the House of 

6 Representatives, as in effect during the One Hun7 dred Fourteenth Congress, the term ‘‘limited tariff 

8 benefit’’ means a provision modifying the Har9 monized Tariff Schedule of the United States in a 

10 manner that benefits 10 or fewer entities. 

11 (b) SENATE.— 

12 (1) IN GENERAL.—The chairman of the Com13 mittee on Finance of the Senate, the Majority Lead14 er of the Senate, or the designee of the Majority 

15 Leader of the Senate, shall provide for the publica16 tion in the Congressional Record of a certification 

17 that— 

18 (A) each limited tariff benefit contained in 

19 a miscellaneous tariff bill considered in the Sen20 ate has been identified through lists, charts, or 

21 other similar means; and 

22 (B) the information identified in subpara23 graph (A) has been available on a publicly ac24 cessible congressional website in a searchable 

25 format at least 48 hours before the vote on the 


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1 motion to proceed to the miscellaneous tariff 

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

3 a committee of conference in connection with 

4 the miscellaneous tariff bill, as the case may be. 

5 (2) SATISFACTION OF SENATE RULES.—Publi6 cation of a certification in the Congressional Record 

7 under paragraph (1) satisfies the certification re8 quirements of paragraphs 1(a), 2(a), and 3(a) of 

9 rule XLIV of the Standing Rules of the Senate. 

10 (3) LIMITED TARIFF BENEFIT DEFINED.—For 

11 purposes of this subsection and consistent with rule 

12 XLIV of the Standing Rules of the Senate, as in ef13 fect during the One Hundred Fourteenth Congress, 

14 the term ‘‘limited tariff benefit’’ means a provision 

15 modifying the Harmonized Tariff Schedule of the 

16 United States in a manner that benefits 10 or fewer 

17 entities. 

18 (c) ENACTMENT AS EXERCISE OF RULEMAKING

19 POWER OF HOUSE OF REPRESENTATIVES AND SEN20 ATE.—This section is enacted by Congress— 

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

22 the House of Representatives and the Senate, re23 spectively, and as such are deemed a part of the 

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1 dures supersede other rules only to the extent that 

2 they are inconsistent with such other rules; and 

3 (2) with full recognition of the constitutional 

4 right of either House to change the rules (so far as 

5 relating to the procedure of that House) at any time, 

6 in the same manner, and to the same extent as in 

7 the case of any other rule of that House. 

8 SEC. 6. JUDICIAL REVIEW PRECLUDED. 

9 The exercise of functions under this Act shall not be 

10 subject to judicial review. 

11 SEC. 7. DEFINITIONS. 

12 In this Act: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional com15 mittees’’ means the Committee on Ways and Means 

16 of the House of Representatives and the Committee 

17 on Finance of the Senate. 

18 (2) COMMISSION.—The term ‘‘Commission’’ 

19 means the United States International Trade Com20 mission. 

21 (3) COMMISSION DISCLOSURE FORM.—The 

22 term ‘‘Commission disclosure form’’ means, with re23 spect to a petition for a duty suspension or reduc24 tion, a document submitted by a petitioner to the 

25 Commission that contains the following: 


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1 (A) The contact information for any known 

2 importers of the article to which the proposed 

3 duty suspension or reduction would apply. 

4 (B) A certification by the petitioner that 

5 the proposed duty suspension or reduction is 

6 available to any person importing the article to 

7 which the proposed duty suspension or reduc8 tion would apply. 

9 (C) A certification that the petitioner is a 

10 likely beneficiary of the proposed duty suspen11 sion or reduction. 

12 (4) DOMESTIC PRODUCER.—The term ‘‘domes13 tic producer’’ means a person that demonstrates 

14 production, or imminent production, in the United 

15 States of an article that is identical to, or like or di16 rectly competitive with, an article to which a petition 

17 for a duty suspension or reduction would apply. 

18 (5) DOMESTIC PRODUCTION.—The term ‘‘do19 mestic production’’ means the production of an arti20 cle that is identical to, or like or directly competitive 

21 with, an article to which a petition for a duty sus22 pension or reduction would apply, for which a do23 mestic producer has demonstrated production, or im24 minent production, in the United States. 


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1 (6) DUTY SUSPENSION OR REDUCTION.—The 

2 term ‘‘duty suspension or reduction’’ refers to an 

3 amendment to subchapter II of chapter 99 of the 

4 Harmonized Tariff Schedule of the United States 

5 for a period not to exceed 3 years that— 

6 (A) extends an existing temporary duty 

7 suspension or reduction on an article under 

8 that subchapter; or 

9 (B) provides for a new temporary duty 

10 suspension or reduction on an article under 

11 that subchapter. 

12 (7) LIKELY BENEFICIARY.—The term ‘‘likely 

13 beneficiary’’ means an individual or entity likely to 

14 utilize, or benefit directly from the utilization of, an 

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

16 suspension or reduction. 

17 (8) MEMBER OF CONGRESS.—The term ‘‘Mem18 ber of Congress’’ means a Senator or Representative 

19 in, or Delegate or Resident Commissioner to, Con20 gress. 

21 (9) MISCELLANEOUS TARIFF BILL.—The term 

22 ‘‘miscellaneous tariff bill’’ means a bill of either 

23 House of Congress that contains only duty suspen24 sions and reductions and related technical correc25 tions that— 


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

2 Commission submitted to the appropriate con3 gressional committees under section 3(b)(3)(E), 

4 except for— 

5 (i) petitions for duty suspensions or 

6 reductions that the Commission has deter7 mined do not contain the information re8 quired under section 3(b)(2); 

9 (ii) petitions for duty suspensions and 

10 reductions with respect to which the Com11 mission has determined the petitioner is 

12 not a likely beneficiary; and 

13 (iii) petitions for duty suspensions and 

14 reductions that the Commission does not 

15 recommend for inclusion in the miscella16 neous tariff bill; 

17 (B) are not excluded under section 

18 3(b)(3)(F); and 

19 (C) otherwise meet the applicable require20 ments of this Act. 

Æ 


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