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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emergency Wheat Glu-
ten Act of 1996’’.
SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING
FINAL DETERMINATION.
(a) IN GENERAL.—In addition to any other duty that
may apply, there is imposed a duty of 25 percent ad valo-
rem on wheat gluten described in subsection (b).
(b) WHEAT GLUTEN DESCRIBED.—Wheat gluten de-
scribed in this subsection is wheat gluten, whether or not
dried, described in heading 1109.00 of the Harmonized
Tariff Schedule of the United States, that is imported di-
rectly or indirectly from any member country of the Euro-
pean Union.
(c) APPLICABILITY.—The rate of duty imposed under
subsection (a) shall apply to goods described in subsection
(b) that are entered, or withdrawn from warehouse for
consumption, during the period beginning on the date that
is 15 days after the date of the enactment of this Act and
ending on whichever of the following dates occurs first
with respect to an investigation initiated under section 3:
(1) The date the investigation is suspended pur-
suant to section 3(b)(2).
(2) The date on which a final negative deter-
mination is made by the Commission pursuant to
section 705 of the Tariff Act of 1930.
(3) The date on which an order is issued pursu-
ant to section 706 of such Act.
(d) REFUNDS; COLLECTIONS.—If the amount of the
duty imposed under this section is different from the
amount of the cash deposit, bond, or other security re-
quired for the countervailing duty imposed under a coun-
tervailing duty order issued under section 706 of the Tar-
iff Act of 1930 (19 U.S.C. 1671e) as a result of the inves-
tigation initiated under section 3, such difference shall be
refunded, released, or collected, as the case may be, in ac-
cordance with section 707 of the Tariff Act of 1930 (19
U.S.C. 1671f).
SEC. 3. INITIATION OF INVESTIGATION.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, not later than 30 days after the date of the
enactment of this Act, the administering authority shall
initiate an investigation pursuant to section 702(a) of the
Tariff Act of 1930 (19 U.S.C. 1671a(a)) with respect to
the importation and sales for importation into the United
States of wheat gluten described in section 2(b).
(b) APPLICATION OF TITLE VII OF THE TARIFF ACT
OF 1930.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this Act, the provisions of title VII of the
Tariff Act of 1930 (19 U.S.C. 1671 et seq.) shall
apply to the countervailing duty investigation initi-
ated under subsection (a).
(2) TERMINATION OR SUSPENSION OF INVES-
TIGATION.—
(A) TERMINATION.—Subsections (a) and
(k) of section 704 of the Tariff Act of 1930 (19
U.S.C. 1671c (a) and (k)) shall not apply to the
investigation initiated pursuant to subsection
(a).
(B) SUSPENSION.—The investigation initi-
ated pursuant to subsection (a) may be sus-
pended pursuant to subsection (b) or (c) of sec-
tion 704 of such Act, if the requirements of
such section 704 and subparagraph (C) are sat-
isfied.
(C) SUSPENSION OF INVESTIGATION PRO-
CEDURE.—The requirements of this subpara-
graph are satisfied if, not less than 30 days be-
fore suspending the investigation, the admin-
istering authority—
(i) notifies the Committee on Finance
of the Senate, the Committee on Ways and
Means of the House of Representatives,
the Commission, and other parties to the
investigation, 
of 
the 
administering
authority’s intention to suspend the inves-
tigation;
(ii) consults with such committees re-
garding such suspension;
(iii) provides to such committees a
copy of the proposed agreement pursuant
to which the investigation is to be sus-
pended, together with an explanation of—
(I) how the agreement will be
carried out and enforced;
(II) how the agreement meets the
requirements of subsections (b), (c),
(d), and (e) of section 704 of the Tar-
iff Act of 1930; and
(III) any action required of the
European Union; and
(iv) permits all interested parties to
submit comments and information for the
record before the date on which notice of
suspension of the investigation is pub-
lished.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) ADMINISTERING
AUTHORITY.—The term
‘‘administering authority’’ has the meaning given
such term by section 771(1) of the Tariff Act of
1930 (19 U.S.C. 1677(1)).
(2) COMMISSION.—The term ‘‘Commission’’
means the United States International Trade Com-
mission.
Æ