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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 599 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 599

            To provide duty-free treatment for certain tuna.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2005

Mr. Kerry (for himself and Mr. Kennedy) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
            To provide duty-free treatment for certain tuna.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Trade in Pouch Tuna Act of 
2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) a strong relationship between the United States and the 
        member nations of the Association of Southeast Asian Nations 
        (ASEAN) is a force for stability and development in the 
        Southeast Asian region and international trade is a critical 
        element of this relationship;
            (2) many of the ASEAN nations are important friends and 
        allies in the ongoing fight against world terrorism;
            (3) many nations in the ASEAN region were directly impacted 
        by the December 26, 2004, earthquake off the west coast of 
        Northern Sumatra, Indonesia, which unleashed a devastating 
        tsunami that killed more than 160,000 people and resulted in 
        untold economic damage;
            (4) even though a robust international relief effort has 
        been launched, all measures, large and small, that impact this 
        region should be considered as part of that relief effort;
            (5) ASEAN nations provide a large portion of the processed 
        tuna imported into the United States;
            (6) such imports are subject to tariffs whereas tuna in 
        airtight pouches imported from the beneficiary countries of the 
        Andean Trade Promotion and Drug Eradication Act (Andean) are 
        not;
            (7) as a result, tuna in airtight pouches imported from 
        ASEAN member nations is placed at a competitive disadvantage 
        that has harmed the economies of these nations and that will 
        ultimately harm consumers in the United States; and
            (8) eliminating tariffs on pouch tuna imported from the 
        ASEAN countries in a quantity equal to the quantity imported 
        from Andean countries will restore fair trade in the pouch tuna 
        market and will benefit United States consumers and the 
        economies of the ASEAN nations.

SEC. 3. MODIFICATION OF DUTY TREATMENT FOR CERTAIN TUNA.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``            9902.16.04    Tuna in foil or   No change     Free, if     No change    On or before       ''.
                             other flexible                  the                       12/31/2008
                             containers                      product of
                             weighing with                   a country
                             their contents                  listed in
                             not more than                   U.S. Note
                             6.8 kg each                     18 to this
                             (provided for                   subchapter
                             in subheading                   and in the
                             1604.30.91).                    quantity
                                                             provided
                                                             for in
                                                             such Note

    (b) ASEAN Countries.--The U.S. Notes to subchapter II of chapter 99 
of the Harmonized Tariff Schedule of the United States are amended by 
adding at the end the following:
    ``18. For purposes of heading 9902.16.04:
            ``(a) Products of the following countries are eligible to 
        enter at the special rate of duty set forth in such subheading: 
        Brunei, Cambodia, Indonesia, Laos, Malaysia, Philippines, 
        Singapore, Thailand, and Vietnam. The special rate of duty does 
        not apply to the Union of Myanmar.
            ``(b) The aggregate quantity of tuna entered under 
        subheading 9902.16.04 during any calendar year shall be limited 
        to the quantity of tuna entered free of duty from an ATPDEA 
        beneficiary country (as defined in section 204(b)(6)) of the 
        Andean Trade Preference Act (19 U.S.C. 3202(b)(6)) and 
        designated in Note 11(d) of this Schedule) during the preceding 
        calendar year pursuant to section 204(b)(4) of the Andean Trade 
        Preference Act (19 U.S.C. 3202(b)(4)).
            ``(c) The products of a country listed under subsection (a) 
        shall be eligible to enter at the special rate of duty set 
        forth in such subheading only if such country provides and 
        enforces internationally recognized worker rights and 
        environmental protections.''.
    (c) Effective Date.--The amendments made by this section apply to 
goods entered, or withdrawn from warehouse, for consumption on or after 
the 15th day after the date of enactment of this Act.
                                 <all>
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