I
106TH CONGRESS
2D SESSION
H. R. 4662
To amend section 313 of the Tariff Act of 1930 to make certain products
eligible for drawback and to simplify and clarify certain drawback provisions.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 2000
Mr. SAM JOHNSON of Texas introduced the following bill; which was referred
to the Committee on Ways and Means
A BILL
To amend section 313 of the Tariff Act of 1930 to make
certain products eligible for drawback and to simplify
and clarify certain drawback provisions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. UNUSED MERCHANDISE DRAWBACK.
(a) IN GENERAL.—Section 313(j) of the Tariff Act
of 1930 (19 U.S.C. 1313(j)) is amended—
(1) in paragraph (1), by striking ‘‘because of
its’’ and inserting ‘‘upon entry or’’;
(2) in paragraph (2), by striking ‘‘because of
its’’ and inserting ‘‘upon entry or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(5) No prior notification of intent to export is
required to be provided to the Customs Service for
any exports under this subsection.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of enactment of
this Act, and shall apply to any drawback claim filed on
or after such date and to any drawback entry filed before
that date if the liquidation of the entry is not final on
such date.
SEC. 2. REFUNDS, WAIVERS, OR REDUCTIONS UNDER THE
NORTH AMERICAN FREE TRADE AGREEMENT
IMPLEMENTATION ACT.
(a) IN GENERAL.—Section 313(n)(2) of the Tariff
Act of 1930 (19 U.S.C. 1313(n)(2)) is amended by strik-
ing ‘‘(p),’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of enactment of
this Act, and shall apply to any drawback claim filed on
or after that date.
SEC. 3. SUBSTITUTION OF FINISHED PETROLEUM DERIVA-
TIVES.
(a) IN GENERAL.—Section 313(p)(3)(A)(i)(I) of the
Tariff Act of 1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is
amended—
(1) by inserting ‘‘2709,’’ after ‘‘2708,’’; and
(2) by striking ‘‘2901, 2902, and 2909.19.14’’
and inserting ‘‘2901 through 2917, and 3811’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of enactment of
this Act, and shall apply to any drawback claim filed on
or after such date and to any drawback entry made before
such date if the liquidation of the entry is not final on
such date.
SEC. 4. ALTERNATIVE METHODS FOR DETERMINING SAME
KIND 
AND 
QUALITY 
AND 
COMMERCIAL
INTERCHANGEABILITY UNDER SECTION 313
OF THE TARIFF ACT OF 1930.
(a) IN GENERAL.—Section 313 of the Tariff Act of
1930 (19 U.S.C. 1313) is amended by adding at the end
the following new subsection:
‘‘(x) ALTERNATIVE METHODS
FOR DETERMINING
SAME KIND
AND QUALITY
AND COMMERCIAL INTER-
CHANGEABILITY.—
‘‘(1) IN
GENERAL.—For purposes of sub-
sections (b), (j)(2), and (y), any other merchandise
is deemed to be of the same kind and quality as or
commercially interchangeable with, the imported
merchandise against which drawback is claimed if
the other merchandise and the imported merchan-
dise meet any 2 of the following criteria, selected at
the discretion of the manufacturer or drawback
claimant:
‘‘(A) Both the imported merchandise and
the other merchandise meet the same United
States Government standard.
‘‘(B) Both the imported merchandise and
the other merchandise meet the same standard
recognized by an independent standards organi-
zation or a United States manufacturers’ or
producers’ industry trade group.
‘‘(C) Both the imported merchandise and
the other merchandise are classified under the
same 8-digit subheading of the Harmonized
Tariff Schedule of the United States.
‘‘(D) Both the imported merchandise and
the other merchandise have the same merchan-
dise identifier, such as a part number, product
code number, or catalog number, with allowance
permitted for variations in such number identi-
fiers reflecting differences such as color, pack-
aging, or container size.
‘‘(2) OTHER CRITERIA.—Notwithstanding para-
graph (1), nothing is this section shall prohibit the
drawback claimant from submitting evidence to en-
able the Customs Service to make a determination
that the other merchandise is of the same kind and
quality as, or is commercially interchangeable with,
the imported merchandise.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of enactment of
this Act, and shall apply to any drawback claim filed on
or after such date and to any drawback entry filed before
such date if the liquidation of the entry is not final on
such date.
SEC. 5. DRAWBACK UNDER NAFTA.
(a) IN GENERAL.—Section 313 of the Tariff Act of
1930 (19 U.S.C. 1313), as amended by section 4, is
amended by adding at the end the following new sub-
section:
‘‘(y) DRAWBACK UNDER NAFTA.—For purposes of
section 203(a)(2) of the North American Free Trade
Agreement Implementation Act, a drawback claimant or
any other person may designate for drawback any im-
ported merchandise on which duty was paid that was en-
tered or withdrawn from warehouse for consumption with-
in 1 year before the date on which any commercially inter-
changeable merchandise was exported, if the exported
merchandise does not receive preference under the North
American Free Trade Agreement.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of enactment of
this Act, and shall apply to any drawback claim filed on
or after such date and to any drawback entry filed before
such date if the liquidation of the entry is not final on
such date.
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