II

106TH CONGRESS

2D SESSION S. 2158

To amend the Harmonized Tariff Schedule of the United States to eliminate

the duty on certain steam or other vapor generating boilers used in

nuclear facilities.

IN THE SENATE OF THE UNITED STATES

MARCH 2, 2000

Mr. MURKOWSKI (for himself, Mr. THOMPSON, and Mr. GRAMS) introduced

the following bill; which was read twice and referred to the Committee

on Finance

A BILL

To amend the Harmonized Tariff Schedule of the United

States to eliminate the duty on certain steam or other

vapor generating boilers used in nuclear facilities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ELIMINATION OF DUTY ON CERTAIN STEAM OR

4 OTHER VAPOR GENERATING BOILERS.

5 (a) IN GENERAL.—Chapter 84 of the Harmonized

6 Tariff Schedule of the United States is amended by strik7 ing subheading 8402.11.00 and inserting the following

8 new subheadings and superior text thereto, with such text
2

•S 2158 IS

1 having the same degree of indentation as the article de2 scription for subheading 8402.12.00:

‘‘ 8402.11 Watertube boilers with a steam

production exceeding 45 t per hour

‘‘ 8402.11.10 For use in nuclear facilities ............ Free 45%

‘‘ 8402.11.20 Other .............................................. 5.2% Free (A, CA,

E, IL, J, MX)

45%

’’.

3 (b) STAGED RATE REDUCTIONS.—Any staged rate

4 reduction that was proclaimed by the President before the

5 date of the enactment of this Act, to take effect on or

6 after the date of the enactment of this Act, of a rate of

7 duty set forth in subheading 8402.11.00 of the Har8 monized Tariff Schedule of the United States shall apply

9 to the corresponding rate of duty in subheading

10 8402.11.20 of such Schedule (as added by subsection (a).

11 (c) EFFECTIVE DATE.—

12 (1) IN GENERAL.—The amendment made by

13 subsection (a) applies with respect to goods entered,

14 or withdrawn from warehouse for consumption, on

15 or after the 15th day after the date of the enact16 ment of this Act.

17 (2) RETROACTIVE APPLICATION.—Notwith18 standing section 514 of the Tariff Act of 1930 or

19 any other provision of law and subject to paragraph

20 (3), any article described in subheading 8402.11.10

21 of the Harmonized Tariff Schedule of the United

22 States (as added by subsection (a)) that was en-
3

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1 tered, or withdrawn from warehouse for

2 consumption—

3 (A) on or after January 1, 2000, and

4 (B) before the date that is 15 days after

5 the date of the enactment of this Act,

6 shall be liquidated or reliquidated as if such sub7 heading 8402.11.10 applied to such entry or with8 drawal, and the Secretary of the Treasury shall re9 fund any excess duty paid with respect to such

10 entry.

11 (3) REQUESTS.—Liquidation or reliquidation

12 may be made under paragraph (2) with respect to

13 any entry only if a request therefor is filed with the

14 Customs Service, within 180 days after the date of

15 enactment of this Act, that contains sufficient infor16 mation to enable the Customs Service—

17 (A) to locate the entry; or

18 (B) to reconstruct the entry if it cannot be

19 located.

Æ