I 
109TH CONGRESS 
1ST SESSION H. R. 2816
To provide duty-free treatment for certain tuna. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2005
Mr. NEAL of Massachusetts introduced the following bill; which was referred 
to the Committee on Ways and Means 
A BILL 
To provide duty-free treatment for certain tuna.
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 ‘‘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 re-
gion 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 di-
rectly impacted by the December 26, 2004, earth-
quake off the west coast of Northern Sumatra, Indo-
nesia, which unleashed a devastating tsunami that 
killed more than 160,000 people and resulted in un-
told economic damage; 
(4) even though a robust international relief ef-
fort 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 bene-
ficiary countries of the Andean Trade Promotion 
and Drug Eradication Act (Andean) are not; 
(7) as a result, tuna in airtight pouches im-
ported from ASEAN member nations is placed at a 
competitive disadvantage that has harmed the econo-
mies 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 re-
store 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 other flexible 
containers weighing with 
their contents not more than 
6.8 kg each (provided for in 
subheading 1604.30.91) ......
No 
change 
Free, if the 
product of a 
country list-
ed in U.S. 
Note 18 to 
this sub-
chapter and 
in the quan-
tity provided 
for in such 
Note 
No change 
On or before 
12/31/2008
’’. 
(b) ASEAN COUNTRIES.—The U.S. Notes to sub-
chapter II of chapter 99 of the Harmonized Tariff Sched-
ule 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 eli-
gible 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 all ATPDEA beneficiary countries 
(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 protec-
tions.’’. 
(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.
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