I 

112TH CONGRESS 

1ST SESSION H. R. 2813 

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

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 5, 2011 

Mr. WELCH 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Milk Import Tariff 

5 Equity Act’’. 

6 SEC. 2. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN 

7 CASEIN AND MILK CONCENTRATES. 

8 (a) CASEIN AND CASEIN PRODUCTS.— 

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

10 chapter 35 of the Harmonized Tariff Schedule of the 

11 United States are amended— 


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1 (A) by striking ‘‘Additional U.S. Note’’ 

2 and inserting ‘‘Additional U.S. Notes’’; 

3 (B) in note 1, by striking ‘‘subheading 

4 3501.10.10’’ and inserting ‘‘subheadings 

5 3501.10.05, 3501.10.15, and 3501.10.20’’; and 

6 (C) by adding at the end the following new 

7 note: 

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

9 protein concentrate, and other casein derivatives entered 

10 under subheadings 3501.10.15, 3501.10.65, and 

11 3501.90.65 in any calendar year shall not exceed 110 per12 cent of the average quantity of such articles imported into 

13 the United States during the preceding 3 calendar years, 

14 as determined by the Secretary of Agriculture. Articles 

15 originating in a country with which the United States has 

16 a free trade agreement in force shall not be permitted or 

17 included under this quantitative limitation and no such ar18 ticle shall be classifiable therein.’’. 

19 (2) RATES FOR CERTAIN CASEINS, CASEINATES, 

20 AND OTHER DERIVATIVES AND GLUES.—Chapter 35 

21 of the Harmonized Tariff Schedule of the United 

22 States is amended by striking subheadings 3501.10 

23 through 3501.90.60 and inserting the following new 

24 subheadings, with the article descriptions for sub25 headings 3501.10 and 3501.90 having the same deVerDate Mar 15 2010 02:07 Aug 06, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2813.IH H2813

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1 gree of indentation as the article description for sub2 heading 3502.20.00: 

‘‘3501.10 Casein: 

Milk protein concentrate: 

3501.10.05 Described in general note 15 to the 

tariff schedule and entered pursuant to its provisions ....................... 0.37¢/kg Free (A*, CA, 

CL, E, IL, J, 

JO, MX, SG) 

0.2¢/kg (AU) 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, 

CL, E, IL, J, 

JO, SG) 

0.2¢/kg (AU) 12¢/kg 

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

Other: 

3501.10.55 Suitable only for industrial uses 

other than the manufacture of food 

for humans or other animals or as 

ingredients in such food ................. Free Free 

Other: 

3501.10.60 Described in general note 15 to 

the tariff schedule and entered 

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

CL, E, IL, J, 

JO, MX, SG) 

0.2¢/kg (AU) 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, 

CL, E, IL, J, 

JO, SG) 

0.2¢/kg (AU) 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, 

CL, E, IL, J, 

JO, MX) 

3% (SG) 

4.5% (AU) 30% 

Other: 

3501.90.30 Suitable only for industrial uses 

other than the manufacture of food 

for humans or other animals or as 

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

CL, E, IL, J, 

JO, MX, SG) 

0.2¢/kg (AU) 30% 

Other: .............................................

3501.90.55 Described in general note 15 to 

the tariff schedule and entered 

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

CL, E, IL, J, 

JO, MX, SG) 

0.2¢/kg (AU) 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, 

CL, E, IL, J, 

JO, SG) 

0.2¢/kg (AU) 12.1¢/kg 

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

3 (b) MILK PROTEIN CONCENTRATES.— 


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

2 chapter 4 of the Harmonized Tariff Schedule of the 

3 United States are amended— 

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

5 0404.90.10’’ and inserting ‘‘subheadings 

6 0404.90.05, 0404.90.15, and 0404.90.20’’; and 

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

8 note: 

9 ‘‘27. The aggregate quantity of milk protein con10 centrates entered under subheading 0404.90.15 in any 

11 calendar year shall not exceed 110 percent of the average 

12 quantity of such articles imported into the United States 

13 during the preceding 3 calendar years, as determined by 

14 the Secretary of Agriculture. Articles originating in a 

15 country with which the United States has a free trade 

16 agreement in force shall not be permitted or included 

17 under this quantitative limitation and no such article shall 

18 be classifiable therein.’’. 

19 (2) RATES FOR CERTAIN MILK PROTEIN CON20 CENTRATES.—Chapter 4 of the Harmonized Tariff 

21 Schedule of the United States is amended by strik22 ing subheadings 0404.90 through 0404.90.10 and 

23 inserting the following new subheadings, with the ar24 ticle description for subheading 0404.90 having the 

25 same degree of indentation as the article description 


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1 for subheading 0404.10 and with the article descrip2 tions for subheadings 0404.90.05, 0404.90.15, and 

3 0404.90.20 having the same degree of indentation as 

4 the article description for subheading 0405.20.40: 

‘‘0404.90 Other: 

Milk protein concentrates: 

0404.90.05 Described in general note 15 to the 

tariff schedule and entered pursuant to its provisions ....................... 0.37¢/kg Free (A*, CA, 

CL, E, IL, J, 

JO, MX, SG) 

0.2¢/kg (AU) 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, 

CL, E, IL, J, 

JO, SG) 

0.2¢/kg (AU) 12¢/kg 

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

5 (c) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—The amendments made by 

7 this section apply to— 

8 (A) goods entered, or withdrawn from 

9 warehouse for consumption, on or after the first 

10 day of the first month after the date that is 90 

11 days after the date of the enactment of this 

12 Act; or 

13 (B) if the President notifies Congress that 

14 the international obligations of the United 

15 States require the President to enter into nego16 tiations pursuant to an existing trade agree17 ment under section 3(a)(1), goods entered, or 

18 withdrawn from warehouse for consumption, on 

19 or after the first day of the first month after 


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1 the date that is 150 days after the date of the 

2 enactment of this Act. 

3 (2) TRANSITIONAL PROVISIONS.— 

4 (A) CHAPTER 35.—Notwithstanding Addi5 tional U.S. note 2 to chapter 35 of the Har6 monized Tariff Schedule of the United States 

7 (as added by subsection (a)(1)(C) of this sec8 tion), in the case of any calendar year that in9 cludes the effective date described in paragraph 

10 (1), the aggregate amount of casein, caseinates, 

11 milk protein concentrate, and other casein de12 rivatives entered under subheadings 

13 3501.10.15, 3501.10.65, and 3501.90.65 shall 

14 not exceed an amount equal to— 

15 (i) 110 percent of the average quan16 tity of such articles imported into the 

17 United States during the preceding 3 cal18 endar years, as determined by the Sec19 retary of Agriculture; multiplied by 

20 (ii) the quotient of— 

21 (I) the number of calendar days 

22 remaining in such calendar year be23 ginning with such effective date; di24 vided by 

25 (II) 365 days. 


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1 (B) CHAPTER 4.—Notwithstanding Addi2 tional U.S. note 27 to chapter 4 of the Har3 monized Tariff Schedule of the United States 

4 (as added by subsection (b)(1)(B) of this sec5 tion), in the case of any calendar year that in6 cludes the effective date described in paragraph 

7 (1), the aggregate amount of milk protein con8 centrates entered under subheading 0404.90.15 

9 shall not exceed an amount equal to— 

10 (i) 110 percent of the average quan11 tity of such articles imported into the 

12 United States during the preceding 3 cal13 endar years, as determined by the Sec14 retary of Agriculture; multiplied by 

15 (ii) the quotient of— 

16 (I) the number of calendar days 

17 remaining in such calendar year be18 ginning with such effective date; di19 vided by 

20 (II) 365 days. 

21 SEC. 3. COMPENSATION AUTHORITY. 

22 (a) IN GENERAL.—If the provisions of section 2 re23 quire, the President— 

24 (1) may enter into a trade agreement, or enter 

25 into negotiations pursuant to an existing trade 


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1 agreement, with any foreign country or instrumen2 tality for the purpose of granting new concessions as 

3 compensation in order to maintain the general level 

4 of reciprocal and mutually advantageous concessions; 

5 and 

6 (2) may proclaim such modification or continu7 ance of any general rate of duty, or such continu8 ance of duty-free or excise treatment, or any quan9 titative limitation, as the President determines to be 

10 required or appropriate to carry out any such agree11 ment. 

12 (b) LIMITATIONS.— 

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

14 made pursuant to subsection (a) decreasing any gen15 eral rate of duty to a rate which is less than 70 per16 cent of the existing general rate of duty. 

17 (2) SPECIAL RULE FOR CERTAIN DUTY REDUC18 TIONS.—If the general rate of duty in effect is an 

19 intermediate stage under an agreement in effect be20 fore August 6, 2002, under section 1102(a) of the 

21 Omnibus Trade and Competitiveness Act of 1988 or 

22 under an agreement entered into under section 2103 

23 (a) or (b) of the Bipartisan Trade Promotion Au24 thority Act of 2002, the proclamation made pursu25 ant to subsection (a) may provide for the reduction 


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1 of each general rate of duty at each such stage by 

2 not more than 30 percent of such general rate of 

3 duty, and may provide for a final general rate of 

4 duty which is not less than 70 percent of the general 

5 rate of duty proclaimed as the final stage under 

6 such agreement. 

7 (3) ROUNDING.—If the President determines 

8 that such action will simplify the computation of the 

9 amount of duty computed with respect to an article, 

10 the President may exceed the limitations provided in 

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

12 of— 

13 (A) the difference between such limitation 

14 and the next lower whole number, or 

15 (B) one-half of 1 percent ad valorem. 

Æ 


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