IB 

Union Calendar No. 399 

114TH CONGRESS 

2D SESSION H. R. 4923 

[Report No. 114–519, Part I] 

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 

APRIL 25, 2016 

Additional sponsors: Mr. DUFFY, Mrs. LOVE, Mr. NUNES, Mr. PAULSEN, Mr. 

MEEHAN, Mr. KELLY of Pennsylvania, Mr. DOLD, Mr. ROSKAM, Mr. 

SMITH of Nebraska, Mr. NEWHOUSE, Mr. CURBELO of Florida, Mr. 

DENT, Mr. LUETKEMEYER, Mr. HOLDING, Mr. BISHOP of Michigan, Mr. 

EMMER of Minnesota, Mr. MESSER, Mr. RODNEY DAVIS of Illinois, Mrs. 

NOEM, Mr. KING of New York, Ms. ADAMS, Mr. KIND, Ms. BROWNLEY

of California, Mr. LEWIS, Mr. THOMPSON of California, Mr. JOHNSON of 

Georgia, Mr. POLIS, Mr. GARAMENDI, Mr. BOUSTANY, Mr. WEBER of 

Texas, Mr. MOOLENAAR, Mr. ROUZER, Mr. CUELLAR, Mr. ROE of Tennessee, Mrs. WALORSKI, Ms. MCSALLY, Mrs. COMSTOCK, Mrs. ELLMERS

of North Carolina, Mr. ADERHOLT, Mr. CALVERT, Mr. CRAWFORD, Mr. 

GOSAR, and Mr. GRAVES of Missouri 


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APRIL 25, 2016 

Reported from the Committee on Ways and Means with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 25, 2016 

The Committee on Rules discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on April 13, 2016] 

A BILL 

To establish a process for the submission and consideration 

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


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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’’. 

6 SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MIS7 CELLANEOUS TARIFF BILL. 

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

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

10 the Harmonized Tariff Schedule of the United States 

11 imposes duties on imported goods for which there is 

12 no domestic availability or insufficient domestic 

13 availability. 

14 (2) The imposition of duties on such goods cre15 ates artificial distortions in the economy of the 

16 United States that negatively affect United States 

17 manufacturers and consumers. 

18 (3) The manufacturing competitiveness of the 

19 United States around the world will be enhanced if 

20 Congress regularly and predictably updates the Har21 monized Tariff Schedule to suspend or reduce duties 

22 on such goods. 

23 (4) Creating and maintaining an open and 

24 transparent process for consideration of petitions for 


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1 duty suspensions and reductions builds confidence 

2 that the process is fair, open to all, and free of abuse. 

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

4 Representatives and the Senate, in particular with 

5 clause 9 of rule XXI of the Rules of the House of Rep6 resentatives and rule XLIV of the Standing Rules of 

7 the Senate, is essential to fostering and maintaining 

8 confidence in the process for considering a miscella9 neous tariff bill. 

10 (6) A miscellaneous tariff bill developed under 

11 this process will not contain any— 

12 (A) congressional earmarks or limited tax 

13 benefits within the meaning of clause 9 of rule 

14 XXI of the Rules of the House of Representatives; 

15 or 

16 (B) congressionally directed spending items 

17 or limited tax benefits within the meaning of 

18 rule XLIV of the Standing Rules of the Senate. 

19 (7) Because any limited tariff benefits contained 

20 in any miscellaneous tariff bill following the process 

21 set forth by this Act will not have been the subject of 

22 legislation introduced by an individual Member of 

23 Congress and will be fully vetted through a trans24 parent and fair process free of abuse, it is approVerDate Sep 11 2014 21:23 Apr 25, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H4923.RH H4923

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1 priate for Congress to consider limited tariff benefits 

2 as part of that miscellaneous tariff bill as long as— 

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

4 considered in the House of Representatives, con5 sistent with the Rules of the House of Represent6 atives, a list of such limited tariff benefits is 

7 published in the reports of the Committee on 

8 Ways and Means of the House of Representatives 

9 accompanying the miscellaneous tariff bill, or in 

10 the Congressional Record; and 

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

12 considered in the Senate, consistent with the 

13 Standing Rules of the Senate— 

14 (i) such limited tariff benefits have 

15 been identified through lists, charts, or other 

16 similar means; and 

17 (ii) the information identified in 

18 clause (i) has been available on a publicly 

19 accessible congressional website in a search20 able format at least 48 hours before the vote 

21 on the motion to proceed to the miscella22 neous tariff bill or the vote on the adoption 

23 of a report of a committee of conference in 

24 connection with the miscellaneous tariff bill, 

25 as the case may be. 


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1 (8) When the process set forth under paragraph 

2 (7) is followed, it is consistent with the letter and in3 tent of the Rules of the House of Representatives and 

4 the Senate and other related guidance. 

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

6 that, to remove the competitive disadvantage to United 

7 States manufacturers and consumers and to promote the 

8 competitiveness of United States manufacturers, Congress 

9 should, not later than 90 days after the United States Inter10 national Trade Commission issues a final report on peti11 tions for duty suspensions and reductions under section 

12 3(b)(3)(E), consider a miscellaneous tariff bill. 

13 SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR 

14 DUTY SUSPENSIONS AND REDUCTIONS. 

15 (a) PURPOSE.—It is the purpose of this section to es16 tablish a process for the submission and consideration of 

17 petitions for duty suspensions and reductions. 

18 (b) REQUIREMENTS OF COMMISSION.— 

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

20 2016, and October 15, 2019, the Commission shall 

21 publish in the Federal Register and on a publicly 

22 available Internet website of the Commission a notice 

23 requesting members of the public who can dem24 onstrate that they are likely beneficiaries of duty sus25 pensions or reductions to submit to the Commission 


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

2 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 for 

8 a duty suspension or reduction under paragraph 

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

10 (A) The name and address of the petitioner. 

11 (B) A statement as to whether the petition 

12 provides for an extension of an existing duty sus13 pension or reduction or provides for a new duty 

14 suspension or reduction. 

15 (C) A certification that the petitioner is a 

16 likely beneficiary of the proposed duty suspen17 sion or reduction. 

18 (D) An article description for the proposed 

19 duty suspension or reduction to be included in 

20 the amendment to subchapter II of chapter 99 of 

21 the Harmonized Tariff Schedule of the United 

22 States. 

23 (E) To the extent available— 

24 (i) a classification of the article for 

25 purposes of the amendment to subchapter II 


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1 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 to 

5 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 imports 

20 by the person who submits the petition and by 

21 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 Commis2 sion may require. 

3 (3) REVIEW.— 

4 (A) COMMISSION PUBLICATION AND PUBLIC

5 AVAILABILITY.—As soon as practicable after the 

6 expiration of the 60-day period specified in 

7 paragraph (1), but in any case not later than 30 

8 days after the expiration of such 60-day period, 

9 the Commission shall publish on a publicly 

10 available Internet website of the Commission— 

11 (i) the petitions for duty suspensions 

12 and reductions submitted under paragraph 

13 (1)(A) that contain the information re14 quired under paragraph (2); and 

15 (ii) the Commission disclosure forms 

16 with respect to such duty suspensions and 

17 reductions submitted under paragraph 

18 (1)(B). 

19 (B) PUBLIC COMMENT.— 

20 (i) IN GENERAL.—The Commission 

21 shall publish in the Federal Register and on 

22 a publicly available Internet website of the 

23 Commission a notice requesting members of 

24 the public to submit to the Commission dur25 ing the 45-day period beginning on the date 


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1 of publication described in subparagraph 

2 (A) comments on— 

3 (I) the petitions for duty suspen4 sions and reductions published by the 

5 Commission under subparagraph 

6 (A)(i); and 

7 (II) the Commission disclosure 

8 forms with respect to such duty suspen9 sions and reductions published by the 

10 Commission under subparagraph 

11 (A)(ii). 

12 (ii) PUBLICATION OF COMMENTS.—The 

13 Commission shall publish a notice in the 

14 Federal Register directing members of the 

15 public to a publicly available Internet 

16 website of the Commission to view the com17 ments of the members of the public received 

18 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 

24 case not later than 30 days after the expira25 tion of such 120-day period, the CommisVerDate Sep 11 2014 21:23 Apr 25, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H4923.RH H4923

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1 sion shall submit to the appropriate con2 gressional committees a preliminary report 

3 on the petitions for duty suspensions and 

4 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 re8 duction: 

9 (I) The heading or subheading of 

10 the Harmonized Tariff Schedule of the 

11 United States in which each article 

12 that is the subject of the petition for 

13 the duty suspension or reduction is 

14 classified, as identified by documenta15 tion supplied to the Commission, and 

16 any supporting information obtained 

17 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 for 

21 the duty suspension or reduction exists, 

22 taking into account the report of the 

23 Secretary of Commerce under sub24 section (c)(1), and, if such production 

25 exists, whether or not a domestic proVerDate Sep 11 2014 21:23 Apr 25, 2016 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H4923.RH H4923

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1 ducer of the article objects to the duty 

2 suspension or reduction. 

3 (III) Any technical changes to the 

4 article description of the article that is 

5 the subject of the petition for the duty 

6 suspension or reduction that are nec7 essary for purposes of administration 

8 when the article is presented for im9 portation, taking into account the re10 port of the Secretary of Commerce 

11 under subsection (c)(2). 

12 (IV) An estimate of the amount of 

13 loss in revenue to the United States 

14 that would no longer be collected if the 

15 duty suspension or reduction takes ef16 fect. 

17 (V) A determination of whether or 

18 not the duty suspension or reduction is 

19 available to any person that imports 

20 the article that is the subject of the 

21 duty suspension or reduction. 

22 (VI) The likely beneficiaries of 

23 each duty suspension or reduction, in24 cluding whether the petitioner is a like25 ly 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 sus6 pensions and reductions that meet the 

7 requirements of this Act without modi8 fications. 

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 correc14 tion specified. 

15 (III) A list of petitions for duty 

16 suspensions and reductions for which 

17 the Commission recommends modifica18 tions to the amount of the duty suspen19 sion or reduction that is the subject of 

20 the petition to comply with the require21 ments of this Act, with the modifica22 tion specified. 

23 (IV) A list of petitions for duty 

24 suspensions and reductions for which 

25 the Commission recommends modificaVerDate Sep 11 2014 21:23 Apr 25, 2016 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H4923.RH H4923

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1 tions to the scope of the articles that 

2 are the subject of such petitions to ad3 dress objections by domestic producers 

4 to such petitions, with the modifica5 tions 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 Com24 mission shall consider any information sub25 mitted by the appropriate congressional commitVerDate Sep 11 2014 21:23 Apr 25, 2016 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H4923.RH H4923

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1 tees to the Commission relating to moving a pe2 tition that is contained in the list referred to in 

3 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 con11 gressional committees a final report on each pe12 tition for a duty suspension or reduction speci13 fied in the preliminary report. The final report 

14 shall contain with respect to each such peti15 tion— 

16 (i) the information required under 

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

18 and updated as appropriate under subpara19 graph (D); and 

20 (ii) a determination of the Commission 

21 whether— 

22 (I) the duty suspension or reduc23 tion can likely be administered by U.S. 

24 Customs and Border Protection; 


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1 (II) the estimated loss in revenue 

2 to the United States from the duty sus3 pension or reduction does not exceed 

4 $500,000 in a calendar year during 

5 which the duty suspension or reduction 

6 would be in effect; and 

7 (III) the duty suspension or re8 duction is available to any person im9 porting the article that is the subject of 

10 the duty suspension or reduction. 

11 (F) EXCLUSIONS.—The appropriate con12 gressional committees may exclude from a mis13 cellaneous tariff bill any petition for a duty sus14 pension or reduction that— 

15 (i) is contained in any list referred to 

16 in subclause (I), (II), (III), or (IV) of sub17 paragraph (C)(ii), as updated as appro18 priate under subparagraph (E)(i); 

19 (ii) is the subject of an objection from 

20 a Member of Congress; or 

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

22 domestic production. 

23 (G) ESTIMATES BY THE CONGRESSIONAL

24 BUDGET OFFICE.—For purposes of reflecting the 

25 estimate of the Congressional Budget Office, the 


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1 appropriate congressional committees shall ad2 just the amount of a duty suspension or reduc3 tion in a miscellaneous tariff bill only to assure 

4 that the estimated loss in revenue to the United 

5 States from that duty suspension or reduction, 

6 as estimated by the Congressional Budget Office, 

7 does not exceed $500,000 in a calendar year dur8 ing which the duty suspension or reduction 

9 would be in effect. 

10 (H) PROHIBITIONS.—Any petitions for duty 

11 suspensions or reductions that are contained in 

12 any list referred to in subclause (V) or (VI) of 

13 subparagraph (C)(ii), as updated as appropriate 

14 under subparagraph (E)(i), or have not other15 wise undergone the processes required by this Act 

16 shall not be included in a miscellaneous tariff 

17 bill. 

18 (4) CONFIDENTIAL BUSINESS INFORMATION.— 

19 The procedures concerning the release of confidential 

20 business information set forth in section 332(g) of the 

21 Tariff Act of 1930 (19 U.S.C. 1332(g)) shall apply 

22 with respect to information received by the Commis23 sion in posting petitions on a publicly available 

24 website of the Commission and in preparing reports 

25 under this subsection. 


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1 (5) PROCEDURES.—The Commission shall pre2 scribe and publish in the Federal Register and on a 

3 publicly available Internet website of the Commission 

4 procedures to be complied with by members of the 

5 public submitting petitions for duty suspensions and 

6 reductions under subsection (b)(1)(A). 

7 (c) DEPARTMENT OF COMMERCE REPORT.—Not later 

8 than the end of the 90-day period beginning on the date 

9 of publication of the petitions for duty suspensions and re10 ductions under subsection (b)(3)(A), the Secretary of Com11 merce, in consultation with U.S. Customs and Border Pro12 tection and other relevant Federal agencies, shall submit to 

13 the Commission and the appropriate congressional commit14 tees a report on each petition for a duty suspension or re15 duction submitted under subsection (b)(1)(A) that includes 

16 the following information: 

17 (1) A determination of whether or not domestic 

18 production of the article that is the subject of the peti19 tion for the duty suspension or reduction exists and, 

20 if such production exists, whether or not a domestic 

21 producer of the article objects to the petition for the 

22 duty suspension or reduction. 

23 (2) Any technical changes to the article descrip24 tion that are necessary for purposes of administration 

25 when articles are presented for importation. 


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

2 REDUCTIONS ON UNITED STATES ECONOMY. 

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

4 date of the enactment of a miscellaneous tariff bill, the Com5 mission shall submit to the appropriate congressional com6 mittees a report on the effects on the United States economy 

7 of duty suspensions and reductions enacted pursuant to this 

8 Act, including a broad assessment of the economic effects 

9 of such duty suspensions and reductions on producers, pur10 chasers, and consumers in the United States, using case 

11 studies describing such effects on selected industries or by 

12 type of article as available data permit. 

13 (b) RECOMMENDATIONS.—The Commission shall also 

14 solicit and append to the report required under subsection 

15 (a) recommendations with respect to those domestic indus16 try sectors or specific domestic industries that might benefit 

17 from permanent duty suspensions and reductions, either 

18 through a unilateral action of the United States or though 

19 negotiations for reciprocal tariff agreements, with a par20 ticular focus on inequities created by tariff inversions. 

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

22 section shall be submitted in unclassified form, but may in23 clude a classified annex. 


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

2 HOUSE OF REPRESENTATIVES AND THE SEN3 ATE. 

4 (a) HOUSE OF REPRESENTATIVES.— 

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

6 on Ways and Means of the House of Representatives 

7 shall include a list of limited tariff benefits contained 

8 in a miscellaneous tariff bill in the report to accom9 pany such a bill or, in a case where a miscellaneous 

10 tariff bill is not reported by the committee, shall cause 

11 such a list to be printed in the appropriate section of 

12 the Congressional Record. 

13 (2) LIMITED TARIFF BENEFIT DEFINED.—For 

14 purposes of this subsection and consistent with clause 

15 9 of rule XXI of the Rules of the House of Representa16 tives, as in effect during the One Hundred Fourteenth 

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

18 provision modifying the Harmonized Tariff Schedule 

19 of the United States in a manner that benefits 10 or 

20 fewer entities. 

21 (b) SENATE.— 

22 (1) IN GENERAL.—The chairman of the Com23 mittee on Finance of the Senate, the Majority Leader 

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

25 of the Senate, shall provide for the publication in the 

26 Congressional Record of a certification that— 


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1 (A) each limited tariff benefit contained in 

2 a miscellaneous tariff bill considered in the Sen3 ate has been identified through lists, charts, or 

4 other similar means; and 

5 (B) the information identified in subpara6 graph (A) has been available on a publicly acces7 sible congressional website in a searchable format 

8 at least 48 hours before the vote on the motion 

9 to proceed to the miscellaneous tariff bill or the 

10 vote on the adoption of a report of a committee 

11 of conference in connection with the miscella12 neous tariff bill, as the case may be. 

13 (2) SATISFACTION OF SENATE RULES.—Publica14 tion of a certification in the Congressional Record 

15 under paragraph (1) satisfies the certification re16 quirements of paragraphs 1(a), 2(a), and 3(a) of rule 

17 XLIV of the Standing Rules of the Senate. 

18 (3) LIMITED TARIFF BENEFIT DEFINED.—For 

19 purposes of this subsection and consistent with rule 

20 XLIV of the Standing Rules of the Senate, as in effect 

21 during the One Hundred Fourteenth Congress, the 

22 term ‘‘limited tariff benefit’’ means a provision modi23 fying the Harmonized Tariff Schedule of the United 

24 States in a manner that benefits 10 or fewer entities. 


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1 (c) ENACTMENT AS EXERCISE OF RULEMAKING

2 POWER OF HOUSE OF REPRESENTATIVES AND SENATE.— 

3 This section is enacted by Congress— 

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

5 House of Representatives and the Senate, respectively, 

6 and as such are deemed a part of the rules of each 

7 House, respectively, and such procedures supersede 

8 other rules only to the extent that they are incon9 sistent with such other rules; and 

10 (2) with full recognition of the constitutional 

11 right of either House to change the rules (so far as re12 lating to the procedure of that House) at any time, 

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

14 case of any other rule of that House. 

15 SEC. 6. JUDICIAL REVIEW PRECLUDED. 

16 The exercise of functions under this Act shall not be 

17 subject to judicial review. 

18 SEC. 7. DEFINITIONS. 

19 In this Act: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional commit22 tees’’ means the Committee on Ways and Means of the 

23 House of Representatives and the Committee on Fi24 nance of the Senate. 


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

2 means the United States International Trade Com3 mission. 

4 (3) COMMISSION DISCLOSURE FORM.—The term 

5 ‘‘Commission disclosure form’’ means, with respect to 

6 a petition for a duty suspension or reduction, a docu7 ment submitted by a petitioner to the Commission 

8 that contains the following: 

9 (A) The contact information for any known 

10 importers of the article to which the proposed 

11 duty suspension or reduction would apply. 

12 (B) A certification by the petitioner that the 

13 proposed duty suspension or reduction is avail14 able to any person importing the article to which 

15 the proposed duty suspension or reduction would 

16 apply. 

17 (C) A certification that the petitioner is a 

18 likely beneficiary of the proposed duty suspen19 sion or reduction. 

20 (4) DOMESTIC PRODUCER.—The term ‘‘domestic 

21 producer’’ means a person that demonstrates produc22 tion, or imminent production, in the United States of 

23 an article that is identical to, or like or directly com24 petitive with, an article to which a petition for a 

25 duty suspension or reduction would apply. 


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1 (5) DOMESTIC PRODUCTION.—The term ‘‘domes2 tic production’’ means the production of an article 

3 that is identical to, or like or directly competitive 

4 with, an article to which a petition for a duty sus5 pension or reduction would apply, for which a domes6 tic producer has demonstrated production, or immi7 nent production, in the United States. 

8 (6) DUTY SUSPENSION OR REDUCTION.—The 

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

10 amendment to subchapter II of chapter 99 of the Har11 monized Tariff Schedule of the United States for a pe12 riod not to exceed 3 years that— 

13 (A) extends an existing temporary duty sus14 pension or reduction on an article under that 

15 subchapter; or 

16 (B) provides for a new temporary duty sus17 pension or reduction on an article under that 

18 subchapter. 

19 (7) LIKELY BENEFICIARY.—The term ‘‘likely ben20 eficiary’’ means an individual or entity likely to uti21 lize, or benefit directly from the utilization of, an ar22 ticle that is the subject of a petition for a duty sus23 pension or reduction. 


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1 (8) MEMBER OF CONGRESS.—The term ‘‘Member 

2 of Congress’’ means a Senator or Representative in, 

3 or Delegate or Resident Commissioner to, Congress. 

4 (9) MISCELLANEOUS TARIFF BILL.—The term 

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

6 House of Congress that contains only duty suspen7 sions and reductions and related technical corrections 

8 that— 

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

10 Commission submitted to the appropriate con11 gressional committees under section 3(b)(3)(E), 

12 except for— 

13 (i) petitions for duty suspensions or re14 ductions that the Commission has deter15 mined do not contain the information re16 quired under section 3(b)(2); 

17 (ii) petitions for duty suspensions and 

18 reductions with respect to which the Com19 mission has determined the petitioner is not 

20 a likely beneficiary; and 

21 (iii) petitions for duty suspensions and 

22 reductions that the Commission does not 

23 recommend for inclusion in the miscella24 neous tariff bill; 


srobinson on DSK5SPTVN1PROD with BILLS
26 

•HR 4923 RH

1 (B) are not excluded under section 

2 3(b)(3)(F); and 

3 (C) otherwise meet the applicable require4 ments of this Act. 


srobinson on DSK5SPTVN1PROD with BILLS

srobinson on DSK5SPTVN1PROD with BILLS
Union Calendar No. 399 

114TH CONGRESS 

2D SESSION H. R. 4923 

[Report No. 114–519, Part I] 

A BILL 

To establish a process for the submission and conpensions and reductions, and for other purposes. sideration of petitions for temporary duty susAPRIL 25, 2016 

Reported from the Committee on Ways and Means with 

A

an amendment 

PRIL 25, 2016 

The Committee on Rules discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


srobinson on DSK5SPTVN1PROD with BILLS