I 

118TH CONGRESS 

1ST SESSION H. R. 5766 

To increase the rate of duty applicable to certain ferrosilicon produced in 

the Russian Federation or the Republic of Belarus and to require a 

domestic production assessment before increasing rates of duty applicable 

to products of the Russian Federation and the Republic of Belarus 

under the Suspending Normal Trade Relations with Russia and Belarus 

Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 27, 2023 

Mrs. MILLER of West Virginia (for herself and Ms. SEWELL) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To increase the rate of duty applicable to certain ferrosilicon 

produced in the Russian Federation or the Republic of 

Belarus and to require a domestic production assessment 

before increasing rates of duty applicable to products 

of the Russian Federation and the Republic of Belarus 

under the Suspending Normal Trade Relations with Russia and Belarus Act, 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 ‘‘Increasing American 

3 Ferrosilicon Production Act’’. 

4 SEC. 2. INCREASE IN RATE OF DUTY FOR CERTAIN 

5 FERROSILICON IMPORTED FROM THE RUS6 SIAN FEDERATION AND THE REPUBLIC OF 

7 BELARUS. 

8 (a) IN GENERAL.—Pursuant to the authority pro9 vided by section 3(b) of the Suspending Normal Trade Re10 lations with Russia and Belarus Act (Public Law 117– 

11 110; 19 U.S.C. 2434 note), the President shall proclaim 

12 an increase in the rate of duty applicable to ferrosilicon 

13 described in subsection (b) to 35 percent ad valorem. 

14 (b) FERROSILICON DESCRIBED.—Ferrosilicon de15 scribed in this subsection is ferrosilicon— 

16 (1) classified under subheading 7202.21.50 of 

17 the Harmonized Tariff Schedule of the United 

18 States; and 

19 (2) produced in the Russian Federation or the 

20 Republic of Belarus. 

21 SEC. 3. MODIFICATION OF AUTHORITY TO PROCLAIM IN22 CREASED RATES OF DUTY FOR PRODUCTS OF 

23 THE RUSSIAN FEDERATION AND THE REPUB24 LIC OF BELARUS. 

25 (a) REQUIREMENT FOR DOMESTIC PRODUCTION AS26 SESSMENT.—Section 3(b) of the Suspending Normal 


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1 Trade Relations with Russia and Belarus Act (Public Law 

2 117–110; 19 U.S.C. 2434 note) is amended— 

3 (1) by redesignating paragraphs (2) and (3) as 

4 paragraphs (3) and (4), respectively; and 

5 (2) by inserting after paragraph (1) the fol6 lowing: 

7 ‘‘(2) DOMESTIC PRODUCTION ASSESSMENT.— 

8 ‘‘(A) COMMENT PERIOD.—Not later than 

9 30 days after the date of the enactment of the 

10 Increasing American Ferrosilicon Production 

11 Act, the United States Trade Representative 

12 shall publish in the Federal Register a notice 

13 providing for a comment period, which shall re14 main open until the date specified in paragraph 

15 (4), for the submission of comments regard16 ing— 

17 ‘‘(i) which products of the Russian 

18 Federation or the Republic of Belarus are 

19 also produced in the United States; and 

20 ‘‘(ii) for each such product— 

21 ‘‘(I) the ability of United States 

22 producers to increase production to 

23 meet demand in the United States for 

24 the product, accounting for any pro25 jected decreases in imports of the 


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1 product from the Russian Federation 

2 or the Republic of Belarus that would 

3 result from increased rates of duty 

4 proclaimed under paragraph (1) with 

5 respect to such imports; and 

6 ‘‘(II) data supporting informa7 tion submitted under subclause (I). 

8 ‘‘(B) NOTIFICATION TO CONGRESS.—If, 

9 based on an assessment of comments submitted 

10 under subparagraph (A), the Trade Representa11 tive determines that United States producers 

12 have the ability to increase production to meet 

13 United States demand for a product described 

14 in clause (i) of that subparagraph, the Trade 

15 Representative shall— 

16 ‘‘(i) notify Congress; 

17 ‘‘(ii) indicate whether the President 

18 will proclaim an increase in the rate of 

19 duty applicable to imports of the product 

20 from the Russian Federation or the Re21 public of Belarus under paragraph (1); and 

22 ‘‘(iii) if the President will not pro23 claim such an increase, explain the rea24 soning for the decision not to proclaim 

25 such an increase.’’. 


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1 (b) EXTENSION OF AUTHORITY.—Paragraph (4) of 

2 section 3(b) of the Suspending Normal Trade Relations 

3 with Russia and Belarus Act (Public Law 117–110; 19 

4 U.S.C. 2434 note), as redesignated by subsection (a)(2), 

5 is further amended by striking ‘‘2024’’ and inserting 

6 ‘‘2025’’. 

Æ 


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