II 

114TH CONGRESS 

2D SESSION H. R. 4923 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2016 

Received 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘American Manufac3 turing Competitiveness Act of 2016’’. 

4 SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MIS5 CELLANEOUS TARIFF BILL. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

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

9 the Harmonized Tariff Schedule of the United 

10 States imposes duties on imported goods for which 

11 there is no domestic availability or insufficient do12 mestic availability. 

13 (2) The imposition of duties on such goods cre14 ates artificial distortions in the economy of the 

15 United States that negatively affect United States 

16 manufacturers and consumers. 

17 (3) The manufacturing competitiveness of the 

18 United States around the world will be enhanced if 

19 Congress regularly and predictably updates the Har20 monized Tariff Schedule to suspend or reduce duties 

21 on such goods. 

22 (4) Creating and maintaining an open and 

23 transparent process for consideration of petitions for 

24 duty suspensions and reductions builds confidence 

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

26 abuse. 


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

2 Representatives and the Senate, in particular with 

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

4 Representatives and rule XLIV of the Standing 

5 Rules of the Senate, is essential to fostering and 

6 maintaining confidence in the process for consid7 ering a miscellaneous tariff bill. 

8 (6) A miscellaneous tariff bill developed under 

9 this process will not contain any— 

10 (A) congressional earmarks or limited tax 

11 benefits within the meaning of clause 9 of rule 

12 XXI of the Rules of the House of Representa13 tives; or 

14 (B) congressionally directed spending items 

15 or limited tax benefits within the meaning of 

16 rule XLIV of the Standing Rules of the Senate. 

17 (7) Because any limited tariff benefits con18 tained in any miscellaneous tariff bill following the 

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

20 subject of legislation introduced by an individual 

21 Member of Congress and will be fully vetted through 

22 a transparent and fair process free of abuse, it is ap23 propriate for Congress to consider limited tariff ben24 efits as part of that miscellaneous tariff bill as long 

25 as— 


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

2 considered in the House of Representatives, 

3 consistent with the Rules of the House of Rep4 resentatives, a list of such limited tariff benefits 

5 is published in the reports of the Committee on 

6 Ways and Means of the House of Representa7 tives accompanying the miscellaneous tariff bill, 

8 or in the Congressional Record; and 

9 (B) in the case of a miscellaneous tariff 

10 bill considered in the Senate, consistent with 

11 the Standing Rules of the Senate— 

12 (i) such limited tariff benefits have 

13 been identified through lists, charts, or 

14 other similar means; and 

15 (ii) the information identified in 

16 clause (i) has been available on a publicly 

17 accessible congressional website in a 

18 searchable format at least 48 hours before 

19 the vote on the motion to proceed to the 

20 miscellaneous tariff bill or the vote on the 

21 adoption of a report of a committee of con22 ference in connection with the miscella23 neous tariff bill, as the case may be. 

24 (8) When the process set forth under paragraph 

25 (7) is followed, it is consistent with the letter and inVerDate Sep 11 2014 21:05 Apr 29, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RDS H4923

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1 tent of the Rules of the House of Representatives 

2 and the Senate and other related guidance. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that, to remove the competitive disadvantage to 

5 United States manufacturers and consumers and to pro6 mote the competitiveness of United States manufacturers, 

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

8 States International Trade Commission issues a final re9 port on petitions for duty suspensions and reductions 

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

11 bill. 

12 SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR 

13 DUTY SUSPENSIONS AND REDUCTIONS. 

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

15 establish a process for the submission and consideration 

16 of petitions for duty suspensions and reductions. 

17 (b) REQUIREMENTS OF COMMISSION.— 

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

19 2016, and October 15, 2019, the Commission shall 

20 publish in the Federal Register and on a publicly 

21 available Internet website of the Commission a no22 tice requesting members of the public who can dem23 onstrate that they are likely beneficiaries of duty 

24 suspensions or reductions to submit to the CommisVerDate Sep 11 2014 21:05 Apr 29, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4923.RDS H4923

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1 sion during the 60-day period beginning on the date 

2 of such publication— 

3 (A) petitions for duty suspensions and re4 ductions; and 

5 (B) Commission disclosure forms with re6 spect to such duty suspensions and reductions. 

7 (2) CONTENT OF PETITIONS.—Each petition 

8 for a duty suspension or reduction under paragraph 

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

10 (A) The name and address of the peti11 tioner. 

12 (B) A statement as to whether the petition 

13 provides for an extension of an existing duty 

14 suspension or reduction or provides for a new 

15 duty suspension or reduction. 

16 (C) A certification that the petitioner is a 

17 likely beneficiary of the proposed duty suspen18 sion or reduction. 

19 (D) An article description for the proposed 

20 duty suspension or reduction to be included in 

21 the amendment to subchapter II of chapter 99 

22 of the Harmonized Tariff Schedule of the 

23 United States. 

24 (E) To the extent available— 


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1 (i) a classification of the article for 

2 purposes of the amendment to subchapter 

3 II of chapter 99 of the Harmonized Tariff 

4 Schedule of the United States; 

5 (ii) a classification ruling of U.S. Cus6 toms and Border Protection with respect 

7 to the article; and 

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

9 Border Protection entry summary indi10 cating where the article is classified in the 

11 Harmonized Tariff Schedule of the United 

12 States. 

13 (F) A brief and general description of the 

14 article. 

15 (G) A brief description of the industry in 

16 the United States that uses the article. 

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

18 United States dollars, of imports of the article 

19 for each of the 5 calendar years after the cal20 endar year in which the petition is filed, includ21 ing an estimate of the total value of such im22 ports by the person who submits the petition 

23 and by any other importers, if available. 

24 (I) The name of each person that imports 

25 the article, if available. 


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1 (J) A description of any domestic produc2 tion of the article, if available. 

3 (K) Such other information as the Com4 mission may require. 

5 (3) REVIEW.— 

6 (A) COMMISSION PUBLICATION AND PUB7 LIC AVAILABILITY.—As soon as practicable 

8 after the expiration of the 60-day period speci9 fied in paragraph (1), but in any case not later 

10 than 30 days after the expiration of such 60- 

11 day period, the Commission shall publish on a 

12 publicly available Internet website of the Com13 mission— 

14 (i) the petitions for duty suspensions 

15 and reductions submitted under paragraph 

16 (1)(A) that contain the information re17 quired under paragraph (2); and 

18 (ii) the Commission disclosure forms 

19 with respect to such duty suspensions and 

20 reductions submitted under paragraph 

21 (1)(B). 

22 (B) PUBLIC COMMENT.— 

23 (i) IN GENERAL.—The Commission 

24 shall publish in the Federal Register and 

25 on a publicly available Internet website of 


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1 the Commission a notice requesting mem2 bers of the public to submit to the Com3 mission during the 45-day period begin4 ning on the date of publication described 

5 in subparagraph (A) comments on— 

6 (I) the petitions for duty suspen7 sions and reductions published by the 

8 Commission under subparagraph 

9 (A)(i); and 

10 (II) the Commission disclosure 

11 forms with respect to such duty sus12 pensions and reductions published by 

13 the Commission under subparagraph 

14 (A)(ii). 

15 (ii) PUBLICATION OF COMMENTS.— 

16 The Commission shall publish a notice in 

17 the Federal Register directing members of 

18 the public to a publicly available Internet 

19 website of the Commission to view the 

20 comments of the members of the public re21 ceived under clause (i). 

22 (C) PRELIMINARY REPORT.— 

23 (i) IN GENERAL.—As soon as prac24 ticable after the expiration of the 120-day 

25 period beginning on the date of publication 


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1 described in subparagraph (A), but in any 

2 case not later than 30 days after the expi3 ration of such 120-day period, the Com4 mission shall submit to the appropriate 

5 congressional committees a preliminary re6 port on the petitions for duty suspensions 

7 and reductions submitted under paragraph 

8 (1)(A). The preliminary report shall con9 tain the following information with respect 

10 to each petition for a duty suspension or 

11 reduction: 

12 (I) The heading or subheading of 

13 the Harmonized Tariff Schedule of 

14 the United States in which each arti15 cle that is the subject of the petition 

16 for the duty suspension or reduction 

17 is classified, as identified by docu18 mentation supplied to the Commis19 sion, and any supporting information 

20 obtained by the Commission. 

21 (II) A determination of whether 

22 or not domestic production of the arti23 cle that is the subject of the petition 

24 for the duty suspension or reduction 

25 exists, taking into account the report 


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1 of the Secretary of Commerce under 

2 subsection (c)(1), and, if such produc3 tion exists, whether or not a domestic 

4 producer of the article objects to the 

5 duty suspension or reduction. 

6 (III) Any technical changes to 

7 the article description of the article 

8 that is the subject of the petition for 

9 the duty suspension or reduction that 

10 are necessary for purposes of adminis11 tration when the article is presented 

12 for importation, taking into account 

13 the report of the Secretary of Com14 merce under subsection (c)(2). 

15 (IV) An estimate of the amount 

16 of loss in revenue to the United States 

17 that would no longer be collected if 

18 the duty suspension or reduction 

19 takes effect. 

20 (V) A determination of whether 

21 or not the duty suspension or reduc22 tion is available to any person that 

23 imports the article that is the subject 

24 of the duty suspension or reduction. 


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1 (VI) The likely beneficiaries of 

2 each duty suspension or reduction, in3 cluding whether the petitioner is a 

4 likely beneficiary. 

5 (ii) CATEGORIES OF INFORMATION.— 

6 The preliminary report submitted under 

7 clause (i) shall also contain the following 

8 information: 

9 (I) A list of petitions for duty 

10 suspensions and reductions that meet 

11 the requirements of this Act without 

12 modifications. 

13 (II) A list of petitions for duty 

14 suspensions and reductions for which 

15 the Commission recommends technical 

16 corrections in order to meet the re17 quirements of this Act, with the cor18 rection specified. 

19 (III) A list of petitions for duty 

20 suspensions and reductions for which 

21 the Commission recommends modi22 fications to the amount of the duty 

23 suspension or reduction that is the 

24 subject of the petition to comply with 


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1 the requirements of this Act, with the 

2 modification specified. 

3 (IV) A list of petitions for duty 

4 suspensions and reductions for which 

5 the Commission recommends modi6 fications to the scope of the articles 

7 that are the subject of such petitions 

8 to address objections by domestic pro9 ducers to such petitions, with the 

10 modifications specified. 

11 (V) A list of the following: 

12 (aa) Petitions for duty sus13 pensions and reductions that the 

14 Commission has determined do 

15 not contain the information re16 quired under paragraph (2). 

17 (bb) Petitions for duty sus18 pensions and reductions with re19 spect to which the Commission 

20 has determined the petitioner is 

21 not a likely beneficiary. 

22 (VI) A list of petitions for duty 

23 suspensions and reductions that the 

24 Commission does not recommend for 

25 inclusion in a miscellaneous tariff bill, 


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1 other than petitions specified in sub2 clause (V). 

3 (D) ADDITIONAL INFORMATION.—The 

4 Commission shall consider any information sub5 mitted by the appropriate congressional com6 mittees to the Commission relating to moving a 

7 petition that is contained in the list referred to 

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

9 preliminary report submitted under subpara10 graph (C) to a list referred to in subclause (I), 

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

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

13 days after the date on which the preliminary re14 port is submitted under subparagraph (C), the 

15 Commission shall submit to the appropriate 

16 congressional committees a final report on each 

17 petition for a duty suspension or reduction 

18 specified in the preliminary report. The final re19 port shall contain with respect to each such pe20 tition— 

21 (i) the information required under 

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

23 and updated as appropriate under sub24 paragraph (D); and 


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1 (ii) a determination of the Commis2 sion whether— 

3 (I) the duty suspension or reduc4 tion can likely be administered by 

5 U.S. Customs and Border Protection; 

6 (II) the estimated loss in revenue 

7 to the United States from the duty 

8 suspension or reduction does not ex9 ceed $500,000 in a calendar year dur10 ing which the duty suspension or re11 duction would be in effect; and 

12 (III) the duty suspension or re13 duction is available to any person im14 porting the article that is the subject 

15 of the duty suspension or reduction. 

16 (F) EXCLUSIONS.—The appropriate con17 gressional committees may exclude from a mis18 cellaneous tariff bill any petition for a duty sus19 pension or reduction that— 

20 (i) is contained in any list referred to 

21 in subclause (I), (II), (III), or (IV) of sub22 paragraph (C)(ii), as updated as appro23 priate under subparagraph (E)(i); 

24 (ii) is the subject of an objection from 

25 a Member of Congress; or 


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

2 domestic production. 

3 (G) ESTIMATES BY THE CONGRESSIONAL

4 BUDGET OFFICE.—For purposes of reflecting 

5 the estimate of the Congressional Budget Of6 fice, the appropriate congressional committees 

7 shall adjust the amount of a duty suspension or 

8 reduction in a miscellaneous tariff bill only to 

9 assure that the estimated loss in revenue to the 

10 United States from that duty suspension or re11 duction, as estimated by the Congressional 

12 Budget Office, does not exceed $500,000 in a 

13 calendar year during which the duty suspension 

14 or reduction would be in effect. 

15 (H) PROHIBITIONS.—Any petitions for 

16 duty suspensions or reductions that are con17 tained in any list referred to in subclause (V) 

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

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

20 not otherwise undergone the processes required 

21 by this Act shall not be included in a miscella22 neous tariff bill. 

23 (4) CONFIDENTIAL BUSINESS INFORMATION.— 

24 The procedures concerning the release of confiden25 tial business information set forth in section 332(g) 


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

2 apply with respect to information received by the 

3 Commission in posting petitions on a publicly avail4 able website of the Commission and in preparing re5 ports under this subsection. 

6 (5) PROCEDURES.—The Commission shall pre7 scribe and publish in the Federal Register and on a 

8 publicly available Internet website of the Commis9 sion procedures to be complied with by members of 

10 the public submitting petitions for duty suspensions 

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

12 (c) DEPARTMENT OF COMMERCE REPORT.—Not 

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

14 date of publication of the petitions for duty suspensions 

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

16 of Commerce, in consultation with U.S. Customs and Bor17 der Protection and other relevant Federal agencies, shall 

18 submit to the Commission and the appropriate congres19 sional committees a report on each petition for a duty sus20 pension or reduction submitted under subsection (b)(1)(A) 

21 that includes the following information: 

22 (1) A determination of whether or not domestic 

23 production of the article that is the subject of the 

24 petition for the duty suspension or reduction exists 

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1 mestic producer of the article objects to the petition 

2 for the duty suspension or reduction. 

3 (2) Any technical changes to the article descrip4 tion that are necessary for purposes of administra5 tion when articles are presented for importation. 

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

7 REDUCTIONS ON UNITED STATES ECONOMY. 

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

9 the date of the enactment of a miscellaneous tariff bill, 

10 the Commission shall submit to the appropriate congres11 sional committees a report on the effects on the United 

12 States economy of duty suspensions and reductions en13 acted pursuant to this Act, including a broad assessment 

14 of the economic effects of such duty suspensions and re15 ductions on producers, purchasers, and consumers in the 

16 United States, using case studies describing such effects 

17 on selected industries or by type of article as available 

18 data permit. 

19 (b) RECOMMENDATIONS.—The Commission shall also 

20 solicit and append to the report required under subsection 

21 (a) recommendations with respect to those domestic indus22 try sectors or specific domestic industries that might ben23 efit from permanent duty suspensions and reductions, ei24 ther through a unilateral action of the United States or 

25 though negotiations for reciprocal tariff agreements, with 


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1 a particular focus on inequities created by tariff inver2 sions. 

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

4 section shall be submitted in unclassified form, but may 

5 include a classified annex. 

6 SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN 

7 THE HOUSE OF REPRESENTATIVES AND THE 

8 SENATE. 

9 (a) HOUSE OF REPRESENTATIVES.— 

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

11 on Ways and Means of the House of Representatives 

12 shall include a list of limited tariff benefits con13 tained in a miscellaneous tariff bill in the report to 

14 accompany such a bill or, in a case where a miscella15 neous tariff bill is not reported by the committee, 

16 shall cause such a list to be printed in the appro17 priate section of the Congressional Record. 

18 (2) LIMITED TARIFF BENEFIT DEFINED.—For 

19 purposes of this subsection and consistent with 

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

21 Representatives, as in effect during the One Hun22 dred Fourteenth Congress, the term ‘‘limited tariff 

23 benefit’’ means a provision modifying the Har24 monized Tariff Schedule of the United States in a 

25 manner that benefits 10 or fewer entities. 


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1 (b) SENATE.— 

2 (1) IN GENERAL.—The chairman of the Com3 mittee on Finance of the Senate, the Majority Lead4 er of the Senate, or the designee of the Majority 

5 Leader of the Senate, shall provide for the publica6 tion in the Congressional Record of a certification 

7 that— 

8 (A) each limited tariff benefit contained in 

9 a miscellaneous tariff bill considered in the Sen10 ate has been identified through lists, charts, or 

11 other similar means; and 

12 (B) the information identified in subpara13 graph (A) has been available on a publicly ac14 cessible congressional website in a searchable 

15 format at least 48 hours before the vote on the 

16 motion to proceed to the miscellaneous tariff 

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

18 a committee of conference in connection with 

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

20 (2) SATISFACTION OF SENATE RULES.—Publi21 cation of a certification in the Congressional Record 

22 under paragraph (1) satisfies the certification re23 quirements of paragraphs 1(a), 2(a), and 3(a) of 

24 rule XLIV of the Standing Rules of the Senate. 


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1 (3) LIMITED TARIFF BENEFIT DEFINED.—For 

2 purposes of this subsection and consistent with rule 

3 XLIV of the Standing Rules of the Senate, as in ef4 fect during the One Hundred Fourteenth Congress, 

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

6 modifying the Harmonized Tariff Schedule of the 

7 United States in a manner that benefits 10 or fewer 

8 entities. 

9 (c) ENACTMENT AS EXERCISE OF RULEMAKING

10 POWER OF HOUSE OF REPRESENTATIVES AND SEN11 ATE.—This section is enacted by Congress— 

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

13 the House of Representatives and the Senate, re14 spectively, and as such are deemed a part of the 

15 rules of each House, respectively, and such proce16 dures supersede other rules only to the extent that 

17 they are inconsistent with such other rules; and 

18 (2) with full recognition of the constitutional 

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

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

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

22 the case of any other rule of that House. 

23 SEC. 6. JUDICIAL REVIEW PRECLUDED. 

24 The exercise of functions under this Act shall not be 

25 subject to judicial review. 


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1 SEC. 7. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Ways and Means 

6 of the House of Representatives and the Committee 

7 on Finance of the Senate. 

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

9 means the United States International Trade Com10 mission. 

11 (3) COMMISSION DISCLOSURE FORM.—The 

12 term ‘‘Commission disclosure form’’ means, with re13 spect to a petition for a duty suspension or reduc14 tion, a document submitted by a petitioner to the 

15 Commission that contains the following: 

16 (A) The contact information for any known 

17 importers of the article to which the proposed 

18 duty suspension or reduction would apply. 

19 (B) A certification by the petitioner that 

20 the proposed duty suspension or reduction is 

21 available to any person importing the article to 

22 which the proposed duty suspension or reduc23 tion would apply. 

24 (C) A certification that the petitioner is a 

25 likely beneficiary of the proposed duty suspen26 sion or reduction. 


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1 (4) DOMESTIC PRODUCER.—The term ‘‘domes2 tic producer’’ means a person that demonstrates 

3 production, or imminent production, in the United 

4 States of an article that is identical to, or like or di5 rectly competitive with, an article to which a petition 

6 for a duty suspension or reduction would apply. 

7 (5) DOMESTIC PRODUCTION.—The term ‘‘do8 mestic production’’ means the production of an arti9 cle that is identical to, or like or directly competitive 

10 with, an article to which a petition for a duty sus11 pension or reduction would apply, for which a do12 mestic producer has demonstrated production, or im13 minent production, in the United States. 

14 (6) DUTY SUSPENSION OR REDUCTION.—The 

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

16 amendment to subchapter II of chapter 99 of the 

17 Harmonized Tariff Schedule of the United States 

18 for a period not to exceed 3 years that— 

19 (A) extends an existing temporary duty 

20 suspension or reduction on an article under 

21 that subchapter; or 

22 (B) provides for a new temporary duty 

23 suspension or reduction on an article under 

24 that subchapter. 


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

2 beneficiary’’ means an individual or entity likely to 

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

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

5 suspension or reduction. 

6 (8) MEMBER OF CONGRESS.—The term ‘‘Mem7 ber of Congress’’ means a Senator or Representative 

8 in, or Delegate or Resident Commissioner to, Con9 gress. 

10 (9) MISCELLANEOUS TARIFF BILL.—The term 

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

12 House of Congress that contains only duty suspen13 sions and reductions and related technical correc14 tions that— 

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

16 Commission submitted to the appropriate con17 gressional committees under section 3(b)(3)(E), 

18 except for— 

19 (i) petitions for duty suspensions or 

20 reductions that the Commission has deter21 mined do not contain the information re22 quired under section 3(b)(2); 

23 (ii) petitions for duty suspensions and 

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1 mission has determined the petitioner is 

2 not a likely beneficiary; and 

3 (iii) petitions for duty suspensions and 

4 reductions that the Commission does not 

5 recommend for inclusion in the miscella6 neous tariff bill; 

7 (B) are not excluded under section 

8 3(b)(3)(F); and 

9 (C) otherwise meet the applicable require10 ments of this Act. 

Passed the House of Representatives April 27, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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