Formula 3.0 Act

To provide for the entry of infant formula and infant formula base powder free of duty and free of quantitative limitation. 1. Short title This Act may be cited as the Formula 3.0 Act 2. Duty-free entry of infant formula; termination of tariff-rate quota on infant formula (a) In general Chapter 19 of the Harmonized Tariff Schedule of the United States is amended as follows: (1) By striking Additional U.S. Note 2. (2) By inserting after Additional U.S. Note 3 the following: 4. For purposes of subheading 1901.90.57, the term infant formula base powder infant formula 21 U.S.C. 321(z) (a) imported by a party that— (1) has been determined by the Food and Drug Administration to be authorized to lawfully market infant formula in the United States; or (2) has received a letter of enforcement discretion for the Food and Drug Administration relating to the marketing of its infant formula in the United States; and (b) intended to be used in manufacturing infant formula in the United States. . (3) By striking subheadings 1901.10.11 and 1901.10.16 and the superior text to such subheadings and inserting the following, with the article description having the same degree of indentation as the article description for subheading 1901.10.62: 1901.10.12 Infant formula containing oligosaccharides Free $1.217/ kg+ 17.5% . (4) By striking subheadings 1901.10.26 and 1901.10.29 and inserting the following, with the article description for subheading 1901.10.23 having the same degree of indentation as the article description for subheading 1901.10.21: 1901.10.23 Infant formula Free $1.217/kg + 17.5% 1901.10.24 Other $1.035/kg + 14.9% $1.217/kg + 17.5% Other: 1901.10.25 Infant formula Free 35% 1901.10.28 Other 14.9% 35% . (5) By striking subheadings 1901.10.33 and 1901.10.36 and the superior text to such subheadings and inserting the following, with the article description having the same degree of indentation as the article description for subheading 1901.10.62: 1901.10.34 Infant formula containing oligosaccharides Free $1.217/ kg+ 17.5% . (6) By redesignating subheadings 1901.90.60 and 1901.90.61 as subheadings 1901.90.55 and 1901.90.56, respectively. (7) By striking subheading 1901.90.62 and inserting the following, with the article description having the same degree of indentation as the article description for subheading 1901.10.56, as redesignated by paragraph (6): 1901.90.57 Infant formula base powder, as defined in additional U.S. note 4 to this chapter Free $1.127/kg + 16% 1901.90.58 Other $1.035/kg +13.6% Free (BH, CL, JO, KR, MA, OM, PE, SG) $1.127/kg + 16% . (b) Conforming amendments Additional U.S. Note 10 to chapter 4 of the Harmonized Tariff Schedule of the United States is amended by striking 1901.90.61 1901.90.56 (c) Effective date The amendments made by this section apply with respect to articles entered, or withdrawn for warehouse for consumption, on or after the date that is 120 days after the date of the enactment of this Act.

Summary: Formula 3.0 Act This bill provides duty-free treatment to certain infant formula and infant formula base powder. The bill defines infant formula base powder as a dry mixture of protein, fat, and carbohydrates that requires only the addition of vitamins and minerals in order to meet the definition of the term infant formula in the Federal Food, Drug, and Cosmetic Act. It must be (1) imported by a party that has been determined by the Food and Drug Administration (FDA) to be authorized to lawfully market infant formula in the United States or has received a letter of enforcement discretion from the FDA relating to the marketing of its infant formula in the United States, and (2) intended to be used in manufacturing infant formula in the United States. The bill also removes the limitation on the aggregate quantity of certain infant formula containing oligosaccharides (carbohydrates) that may enter the United States in any calendar year.