I 
118TH CONGRESS 
1ST SESSION H. R. 3778 
To provide for the entry of infant formula and infant formula base powder 
free of duty and free of quantitative limitation. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 31, 2023 
Mr. SMITH of Nebraska (for himself and Mr. BEYER) introduced the following 
bill; which was referred to the Committee on Ways and Means 
A BILL 
To provide for the entry of infant formula and infant formula 
base powder free of duty and free of quantitative limitation. 
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 ‘‘Formula 3.0 Act’’. 
SEC. 2. DUTY-FREE ENTRY OF INFANT FORMULA; TERMI-
NATION OF TARIFF-RATE QUOTA ON INFANT 
FORMULA. 
(a) IN GENERAL.—Chapter 19 of the Harmonized 
Tariff Schedule of the United States is amended as fol-
lows: 
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(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’ means a dry mixture of pro-
tein, fat, and carbohydrates that requires only the addition 
of vitamins and minerals in order to meet the definition 
of the term ‘infant formula’ in section 201(z) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)) 
and that is— 
‘‘(a) imported by a party that— 
‘‘(1) has been determined by the Food and 
Drug Administration to be authorized to law-
fully market infant formula in the United 
States; or 
‘‘(2) has received a letter of enforcement 
discretion for the Food and Drug Administra-
tion relating to the marketing of its infant for-
mula in the United States; and 
‘‘(b) intended to be used in manufacturing in-
fant formula in the United States.’’. 
(3) By striking subheadings 1901.10.11 and 
1901.10.16 and the superior text to such sub-
headings and inserting the following, with the article 
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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 ar-
ticle description for subheading 1901.10.23 having 
the same degree of indentation as the article descrip-
tion 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 sub-
headings 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 in-
serting the following, with the article description 
having the same degree of indentation as the article 
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description for subheading 1901.10.56, as redesig-
nated by paragraph (6): 
‘‘ 
1901.90.57 
Infant formula base powder, as de-
fined 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) 
20.7¢/kg + 
2.7% (P, PA) 
See 9822.04.25 
(AU) 
See 
9823.08.01- 
9823.08.38 
(S+) 
See 
9915.04.30, 
9915.04.50, 
9915.04.74 
(P+) 
See 
9918.04.60- 
9918.04.80 
(CO) 
$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’’ 
and inserting ‘‘1901.90.56’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section apply with respect to articles entered, or with-
drawn for warehouse for consumption, on or after the date 
that is 120 days after the date of the enactment of this 
Act. 
Æ 
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