I

107TH CONGRESS

1ST SESSION H. R. 1786

To impose tariff-rate quotas on certain casein and milk protein concentrates.

IN THE HOUSE OF REPRESENTATIVES

MAY 9, 2001

Mr. OBEY (for himself, Mr. GUTKNECHT, Mr. SANDERS, Ms. BALDWIN, and

Mr. MCHUGH) introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To impose tariff-rate quotas on certain casein and milk

protein concentrates.

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

3 SECTION 1. IMPOSITION OF TARIFF-RATE QUOTAS ON CER4 TAIN CASEIN AND MILK CONCENTRATES.

5 (a) CASEIN AND CASEIN PRODUCTS.—

6 (1) IN GENERAL.—The Additional U.S. notes to

7 chapter 35 of the Harmonized Tariff Schedule of the

8 United States are amended—
2

•HR 1786 IH

1 (A) in note 1, by striking ‘‘subheading

2 3501.10.10’’ and inserting ‘‘subheadings

3 3501.10.05, 3501.10.15, and 3501.10.20’’; and

4 (B) by adding at the end the following new

5 note:

6 ‘‘2. The aggregate quantity of casein, caseinates, milk

7 protein concentrate, and other casein derivatives entered

8 under subheadings 3501.10.15, 3501.10.65, and

9 3501.90.65 in any calendar year shall not exceed

10 54,051,000 kilograms. Articles the product of Mexico shall

11 not be permitted or included under this quantitative limi12 tation and no such article shall be classifiable therein.’’.

13 (2) RATES FOR CERTAIN CASEINS, CASEINATES,

14 AND OTHER DERIVATIVES AND GLUES.—Chapter 35

15 of the Harmonized Tariff Schedule of the United

16 States is amended by striking subheadings 3501.10

17 through 3501.90.60, inclusive, and inserting the fol18 lowing new subheadings with article descriptions for

19 subheadings 3501.10 and 3501.90 having the same

20 degree of indentation as the article description for

21 subheading 3502.20.00:

‘‘ 3501.10 Casein:

Milk protein concentrate:

3501.10.05 Described in general note 15 of

the tariff schedule and entered

pursuant to its provisions ............ 0.37¢/kg Free (A*, CA, E,

IL, J, MX)

12¢/kg

3501.10.15 Described in additional U.S. note

2 to this chapter and entered according to its provisions .............. 0.37¢/kg Free (A*, CA, E,

IL, J)

12¢/kg

3501.10.20 Other ........................................... $2.16/kg Free (MX) $2.81/kg

Other:
3

•HR 1786 IH

3501.10.55 For industrial uses other than the

manufacture of food for humans

or other animals or as ingredients

in such food................................. Free Free (A*, CA, E,

IL, J, MX)

Free

Other:

3501.10.60 Described in general note 15 of

the tariff schedule and entered

pursuant to its provisions ....... Free Free (A*, CA, E,

IL, J, MX)

12¢/kg

3501.10.65 Described in additional U.S.

note 2 to this chapter and entered according to its provisions ........................................ 0.37¢/kg Free (A*, CA, E,

IL, J)

12¢/kg

3501.10.70 Other ....................................... $2.16/kg Free (MX) $2.81/kg

3501.90 Other:

3501.90.05 Casein glues ..................................... 6% Free (A*, CA, E,

IL, J, MX)

30%

Other:

3501.90.30 For industrial uses other than the

manufacture of food for humans

or other animals or as ingredients

in such food................................. 6% Free (A*, CA, E,

IL, J, MX)

30%

Other:

3501.90.55 Described in general note 15 of

the tariff schedule and entered

pursuant to its provisions ........ 0.37¢/kg Free (A*, CA, E,

IL, J, MX)

12.1¢/kg

3501.90.65 Described in additional U.S.

note 2 to this chapter and entered according to its provisions ......................................... 0.37¢/kg Free (A*, CA, E,

IL, J)

12.1¢/kg

3501.90.70 Other ....................................... $2.16/kg Free (MX) $2.81/kg

’’.

1 (b) MILK PROTEIN CONCENTRATES.—

2 (1) IN GENERAL.—The Additional U.S. notes to

3 chapter 4 of the Harmonized Tariff Schedule of the

4 United States are amended—

5 (A) in note 13, by striking ‘‘subheading

6 0404.90.10’’ and inserting ‘‘subheadings

7 0404.90.05, 0404.90.15, and 0404.90.20’’; and

8 (B) by adding at the end the following new

9 note:

10 ‘‘27. The aggregate quantity of milk protein con11 centrates entered under subheading 0404.90.15 in any

12 calendar year shall not exceed 15,818,000 kilograms. Arti-
4

•HR 1786 IH

1 cles the product of Mexico shall not be permitted or in2 cluded under this quantitative limitation and no such arti3 cle shall be classifiable therein.’’.

4 (2) RATES FOR CERTAIN MILK PROTEIN CON5 CENTRATES.—Chapter 4 of the Harmonized Tariff

6 Schedule of the United States is amended by strik7 ing subheading 0404.90 through 0404.90.10, inclu8 sive, and inserting the following new subheadings

9 with the article description for subheading 0404.90

10 having the same degree of indentation as the article

11 description for subheading 0405.10 and the article

12 description for subheadings 0404.90.05, 0404.90.15,

13 and 0404.90.20 having the same degree of indenta14 tion as the article description for subheading

15 0405.20.40:

‘‘ 0404.90 Other:

Milk protein concentrates:

0404.90.05 Described in general note 15 of

the tariff schedule and entered

pursuant to its provisions ............ 0.37¢/kg Free (A*, CA, E,

IL, J, MX)

12¢/kg

0404.90.15 Described in additional U.S. note

27 to this chapter and entered

pursuant to its provisions ............ 0.37¢/kg Free (A*, CA, E,

IL, J)

12¢/kg

0404.90.20 Other ........................................... $1.56/kg Free (MX) $2.02/kg

’’.

16 (c) EFFECTIVE DATE.—The amendments made by

17 this section apply to goods entered, or withdrawn from

18 warehouse for consumption, on or after the first day of

19 the first month after the date that is 15 days after the

20 date of enactment of this Act.
5

•HR 1786 IH

1 SEC. 2. COMPENSATION AUTHORITY.

2 (a) IN GENERAL.—If the provisions of section 1 re3 quire, the President—

4 (1) may enter into a trade agreement with any

5 foreign country or instrumentality for the purpose of

6 granting new concessions as compensation in order

7 to maintain the general level of reciprocal and mutu8 ally advantageous concessions; and

9 (2) may proclaim such modification or continu10 ance of any existing duty, or such continuance of ex11 isting duty-free or excise treatment, as the President

12 determines to be required or appropriate to carry

13 out any such agreement.

14 (b) LIMITATIONS.—

15 (1) IN GENERAL.—No proclamation shall be

16 made pursuant to subsection (a) decreasing any rate

17 of duty to a rate which is less than 70 percent of

18 the existing rate of duty.

19 (2) SPECIAL RULE FOR CERTAIN DUTY REDUC20 TIONS.—If the rate of duty in effect at any time is

21 an intermediate stage under section 1102(a) of the

22 Omnibus Trade and Competitiveness Act of 1988,

23 the proclamation made pursuant to subsection (a)

24 may provide for the reduction of each rate of duty

25 at each such stage proclaimed under section 1102(a)

26 by not more than 30 percent of such rate of duty,
6

•HR 1786 IH

1 and may provide for a final rate of duty which is not

2 less than the 70 percent of the rate of duty pro3 claimed as the final stage under section 1102(a).

4 (3) ROUNDING.—If the President determines

5 that such action will simplify the computation of the

6 amount of duty computed with respect to an article,

7 the President may exceed the limitations provided in

8 paragraphs (1) and (2) by not more than the lesser

9 of—

10 (A) the difference between such limitation

11 and the next lower whole number, or

12 (B) one-half of one percent ad valorem.

Æ