I

104TH CONGRESS

2D SESSION H. R. 4053

To impose temporarily a 25 percent duty on imports of wheat gluten and

to require the administering authority to initiate an investigation under

title VII of the Tariff Act of 1930 with respect to wheat gluten.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 11, 1996

Mr. LAHOOD introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To impose temporarily a 25 percent duty on imports of

wheat gluten and to require the administering authority

to initiate an investigation under title VII of the Tariff

Act of 1930 with respect to wheat gluten.

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 ‘‘Emergency Wheat Glu5 ten Act of 1996’’.
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1 SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING

2 FINAL DETERMINATION.

3 (a) IN GENERAL.—In addition to any other duty that

4 may apply, there is imposed a duty of 25 percent ad valo5 rem on wheat gluten described in subsection (b).

6 (b) WHEAT GLUTEN DESCRIBED.—Wheat gluten de7 scribed in this subsection is wheat gluten, whether or not

8 dried, described in heading 1109.00 of the Harmonized

9 Tariff Schedule of the United States, that is imported di10 rectly or indirectly from any member country of the Euro11 pean Union.

12 (c) APPLICABILITY.—The rate of duty imposed under

13 subsection (a) shall apply to goods described in subsection

14 (b) that are entered, or withdrawn from warehouse for

15 consumption, during the period beginning on the date that

16 is 15 days after the date of the enactment of this Act and

17 ending on whichever of the following dates occurs first

18 with respect to an investigation initiated under section 3:

19 (1) The date the investigation is suspended pur20 suant to section 3(b)(2).

21 (2) The date on which a final negative deter22 mination is made by the Commission pursuant to

23 section 705 of the Tariff Act of 1930.

24 (3) The date on which an order is issued pursu25 ant to section 706 of such Act.
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1 (d) REFUNDS; COLLECTIONS.—If the amount of the

2 duty imposed under this section is different from the

3 amount of the cash deposit, bond, or other security re4 quired for the countervailing duty imposed under a coun5 tervailing duty order issued under section 706 of the Tar6 iff Act of 1930 (19 U.S.C. 1671e) as a result of the inves7 tigation initiated under section 3, such difference shall be

8 refunded, released, or collected, as the case may be, in ac9 cordance with section 707 of the Tariff Act of 1930 (19

10 U.S.C. 1671f).

11 SEC. 3. INITIATION OF INVESTIGATION.

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, not later than 30 days after the date of the

14 enactment of this Act, the administering authority shall

15 initiate an investigation pursuant to section 702(a) of the

16 Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to

17 the importation and sales for importation into the United

18 States of wheat gluten described in section 2(b).

19 (b) APPLICATION OF TITLE VII OF THE TARIFF ACT

20 OF 1930.—

21 (1) IN GENERAL.—Except as otherwise pro22 vided in this Act, the provisions of title VII of the

23 Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall

24 apply to the countervailing duty investigation initi25 ated under subsection (a).
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1 (2) TERMINATION OR SUSPENSION OF INVES2 TIGATION.—

3 (A) TERMINATION.—Subsections (a) and

4 (k) of section 704 of the Tariff Act of 1930 (19

5 U.S.C. 1671c (a) and (k)) shall not apply to the

6 investigation initiated pursuant to subsection

7 (a).

8 (B) SUSPENSION.—The investigation initi9 ated pursuant to subsection (a) may be sus10 pended pursuant to subsection (b) or (c) of sec11 tion 704 of such Act, if the requirements of

12 such section 704 and subparagraph (C) are sat13 isfied.

14 (C) SUSPENSION OF INVESTIGATION PRO15 CEDURE.—The requirements of this subpara16 graph are satisfied if, not less than 30 days be17 fore suspending the investigation, the admin18 istering authority—

19 (i) notifies the Committee on Finance

20 of the Senate, the Committee on Ways and

21 Means of the House of Representatives,

22 the Commission, and other parties to the

23 investigation, of the administering

24 authority’s intention to suspend the inves25 tigation;
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1 (ii) consults with such committees re2 garding such suspension;

3 (iii) provides to such committees a

4 copy of the proposed agreement pursuant

5 to which the investigation is to be sus6 pended, together with an explanation of—

7 (I) how the agreement will be

8 carried out and enforced;

9 (II) how the agreement meets the

10 requirements of subsections (b), (c),

11 (d), and (e) of section 704 of the Tar12 iff Act of 1930; and

13 (III) any action required of the

14 European Union; and

15 (iv) permits all interested parties to

16 submit comments and information for the

17 record before the date on which notice of

18 suspension of the investigation is pub19 lished.

20 SEC. 4. DEFINITIONS.

21 For purposes of this Act:

22 (1) ADMINISTERING AUTHORITY.—The term

23 ‘‘administering authority’’ has the meaning given

24 such term by section 771(1) of the Tariff Act of

25 1930 (19 U.S.C. 1677(1)).
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1 (2) COMMISSION.—The term ‘‘Commission’’

2 means the United States International Trade Com3 mission.

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