H. R. 4923 
One Hundred Fourteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Monday, 
the fourth day of January, two thousand and sixteen 
An Act 
To establish a process for the submission and consideration of petitions for temporary 
duty suspensions and reductions, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Manufacturing 
Competitiveness Act of 2016’’. 
SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS 
TARIFF BILL. 
(a) FINDINGS.—Congress makes the following findings: 
(1) As of the date of the enactment of this Act, the Har-
monized Tariff Schedule of the United States imposes duties 
on imported goods for which there is no domestic availability 
or insufficient domestic availability. 
(2) The imposition of duties on such goods creates artificial 
distortions in the economy of the United States that negatively 
affect United States manufacturers and consumers. 
(3) The manufacturing competitiveness of the United States 
around the world will be enhanced if Congress regularly and 
predictably updates the Harmonized Tariff Schedule to suspend 
or reduce duties on such goods. 
(4) Creating and maintaining an open and transparent 
process for consideration of petitions for duty suspensions and 
reductions builds confidence that the process is fair, open to 
all, and free of abuse. 
(5) Complying with the Rules of the House of Representa-
tives and the Senate, in particular with clause 9 of rule XXI 
of the Rules of the House of Representatives and rule XLIV 
of the Standing Rules of the Senate, is essential to fostering 
and maintaining confidence in the process for considering a 
miscellaneous tariff bill. 
(6) A miscellaneous tariff bill developed under this process 
will not contain any— 
(A) congressional earmarks or limited tax benefits 
within the meaning of clause 9 of rule XXI of the Rules 
of the House of Representatives; or 
(B) congressionally directed spending items or limited 
tax benefits within the meaning of rule XLIV of the 
Standing Rules of the Senate. 
(7) Because any limited tariff benefits contained in any 
miscellaneous tariff bill following the process set forth by this 
Act will not have been the subject of legislation introduced
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by an individual Member of Congress and will be fully vetted 
through a transparent and fair process free of abuse, it is 
appropriate for Congress to consider limited tariff benefits as 
part of that miscellaneous tariff bill as long as— 
(A) in the case of a miscellaneous tariff bill considered 
in the House of Representatives, consistent with the Rules 
of the House of Representatives, a list of such limited 
tariff benefits is published in the reports of the Committee 
on Ways and Means of the House of Representatives accom-
panying the miscellaneous tariff bill, or in the Congres-
sional Record; and 
(B) in the case of a miscellaneous tariff bill considered 
in the Senate, consistent with the Standing Rules of the 
Senate— 
(i) such limited tariff benefits have been identified 
through lists, charts, or other similar means; and 
(ii) the information identified in clause (i) has been 
available on a publicly accessible congressional website 
in a searchable format at least 48 hours before the 
vote on the motion to proceed to the miscellaneous 
tariff bill or the vote on the adoption of a report of 
a committee of conference in connection with the mis-
cellaneous tariff bill, as the case may be. 
(8) When the process set forth under paragraph (7) is 
followed, it is consistent with the letter and intent of the 
Rules of the House of Representatives and the Senate and 
other related guidance. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that, 
to remove the competitive disadvantage to United States manufac-
turers and consumers and to promote the competitiveness of United 
States manufacturers, Congress should, not later than 90 days 
after the United States International Trade Commission issues 
a final report on petitions for duty suspensions and reductions 
under section 3(b)(3)(E), consider a miscellaneous tariff bill. 
SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY 
SUSPENSIONS AND REDUCTIONS. 
(a) PURPOSE.—It is the purpose of this section to establish 
a process for the submission and consideration of petitions for 
duty suspensions and reductions. 
(b) REQUIREMENTS OF COMMISSION.— 
(1) INITIATION.—Not later than October 15, 2016, and 
October 15, 2019, the Commission shall publish in the Federal 
Register and on a publicly available Internet website of the 
Commission a notice requesting members of the public who 
can demonstrate that they are likely beneficiaries of duty 
suspensions or reductions to submit to the Commission during 
the 60-day period beginning on the date of such publication— 
(A) petitions for duty suspensions and reductions; and 
(B) Commission disclosure forms with respect to such 
duty suspensions and reductions. 
(2) CONTENT
OF
PETITIONS.—Each petition for a duty 
suspension or reduction under paragraph (1)(A) shall include 
the following information: 
(A) The name and address of the petitioner.
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(B) A statement as to whether the petition provides 
for an extension of an existing duty suspension or reduction 
or provides for a new duty suspension or reduction. 
(C) A certification that the petitioner is a likely bene-
ficiary of the proposed duty suspension or reduction. 
(D) An article description for the proposed duty suspen-
sion or reduction to be included in the amendment to 
subchapter II of chapter 99 of the Harmonized Tariff 
Schedule of the United States. 
(E) To the extent available— 
(i) a classification of the article for purposes of 
the amendment to subchapter II of chapter 99 of the 
Harmonized Tariff Schedule of the United States; 
(ii) a classification ruling of U.S. Customs and 
Border Protection with respect to the article; and 
(iii) a copy of a U.S. Customs and Border Protection 
entry summary indicating where the article is classi-
fied in the Harmonized Tariff Schedule of the United 
States. 
(F) A brief and general description of the article. 
(G) A brief description of the industry in the United 
States that uses the article. 
(H) An estimate of the total value, in United States 
dollars, of imports of the article for each of the 5 calendar 
years after the calendar year in which the petition is filed, 
including an estimate of the total value of such imports 
by the person who submits the petition and by any other 
importers, if available. 
(I) The name of each person that imports the article, 
if available. 
(J) A description of any domestic production of the 
article, if available. 
(K) Such other information as the Commission may 
require. 
(3) REVIEW.— 
(A) COMMISSION
PUBLICATION
AND
PUBLIC
AVAIL-
ABILITY.—As soon as practicable after the expiration of 
the 60-day period specified in paragraph (1), but in any 
case not later than 30 days after the expiration of such 
60-day period, the Commission shall publish on a publicly 
available Internet website of the Commission— 
(i) the petitions for duty suspensions and reduc-
tions submitted under paragraph (1)(A) that contain 
the information required under paragraph (2); and 
(ii) the Commission disclosure forms with respect 
to such duty suspensions and reductions submitted 
under paragraph (1)(B). 
(B) PUBLIC COMMENT.— 
(i) IN
GENERAL.—The Commission shall publish 
in the Federal Register and on a publicly available 
Internet website of the Commission a notice requesting 
members of the public to submit to the Commission 
during the 45-day period beginning on the date of 
publication described in subparagraph (A) comments 
on—
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(I) the petitions for duty suspensions and 
reductions published by the Commission under 
subparagraph (A)(i); and 
(II) the Commission disclosure forms with 
respect to such duty suspensions and reductions 
published by the Commission under subparagraph 
(A)(ii). 
(ii) PUBLICATION OF COMMENTS.—The Commission 
shall publish a notice in the Federal Register directing 
members of the public to a publicly available Internet 
website of the Commission to view the comments of 
the members of the public received under clause (i). 
(C) PRELIMINARY REPORT.— 
(i) IN GENERAL.—As soon as practicable after the 
expiration of the 120-day period beginning on the date 
of publication described in subparagraph (A), but in 
any case not later than 30 days after the expiration 
of such 120-day period, the Commission shall submit 
to the appropriate congressional committees a prelimi-
nary report on the petitions for duty suspensions and 
reductions submitted under paragraph (1)(A). The 
preliminary report shall contain the following informa-
tion with respect to each petition for a duty suspension 
or reduction: 
(I) The heading or subheading of the Har-
monized Tariff Schedule of the United States in 
which each article that is the subject of the petition 
for the duty suspension or reduction is classified, 
as identified by documentation supplied to the 
Commission, and any supporting information 
obtained by the Commission. 
(II) A determination of whether or not 
domestic production of the article that is the sub-
ject of the petition for the duty suspension or 
reduction exists, taking into account the report 
of the Secretary of Commerce under subsection 
(c)(1), and, if such production exists, whether or 
not a domestic producer of the article objects to 
the duty suspension or reduction. 
(III) Any technical changes to the article 
description of the article that is the subject of 
the petition for the duty suspension or reduction 
that are necessary for purposes of administration 
when the article is presented for importation, 
taking into account the report of the Secretary 
of Commerce under subsection (c)(2). 
(IV) An estimate of the amount of loss in rev-
enue to the United States that would no longer 
be collected if the duty suspension or reduction 
takes effect. 
(V) A determination of whether or not the 
duty suspension or reduction is available to any 
person that imports the article that is the subject 
of the duty suspension or reduction. 
(VI) The likely beneficiaries of each duty 
suspension or reduction, including whether the 
petitioner is a likely beneficiary.
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(ii) CATEGORIES
OF
INFORMATION.—The prelimi-
nary report submitted under clause (i) shall also con-
tain the following information: 
(I) A list of petitions for duty suspensions and 
reductions that meet the requirements of this Act 
without modifications. 
(II) A list of petitions for duty suspensions 
and reductions for which the Commission rec-
ommends technical corrections in order to meet 
the requirements of this Act, with the correction 
specified. 
(III) A list of petitions for duty suspensions 
and reductions for which the Commission rec-
ommends modifications to the amount of the duty 
suspension or reduction that is the subject of the 
petition to comply with the requirements of this 
Act, with the modification specified. 
(IV) A list of petitions for duty suspensions 
and reductions for which the Commission rec-
ommends modifications to the scope of the articles 
that are the subject of such petitions to address 
objections by domestic producers to such petitions, 
with the modifications specified. 
(V) A list of the following: 
(aa) Petitions for duty suspensions and 
reductions that the Commission has deter-
mined do not contain the information required 
under paragraph (2). 
(bb) Petitions for duty suspensions and 
reductions with respect to which the Commis-
sion has determined the petitioner is not a 
likely beneficiary. 
(VI) A list of petitions for duty suspensions 
and reductions that the Commission does not rec-
ommend for inclusion in a miscellaneous tariff bill, 
other than petitions specified in subclause (V). 
(D) ADDITIONAL INFORMATION.—The Commission shall 
consider any information submitted by the appropriate 
congressional committees to the Commission relating to 
moving a petition that is contained in the list referred 
to in subclause (VI) of subparagraph (C)(ii) of the prelimi-
nary report submitted under subparagraph (C) to a list 
referred to in subclause (I), (II), (III), or (IV) of subpara-
graph (C)(ii). 
(E) FINAL REPORT.—Not later than 60 days after the 
date on which the preliminary report is submitted under 
subparagraph (C), the Commission shall submit to the 
appropriate congressional committees a final report on each 
petition for a duty suspension or reduction specified in 
the preliminary report. The final report shall contain with 
respect to each such petition— 
(i) the information required under clauses (i) and 
(ii) of subparagraph (C) and updated as appropriate 
under subparagraph (D); and 
(ii) a determination of the Commission whether—
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(I) the duty suspension or reduction can likely 
be administered by U.S. Customs and Border 
Protection; 
(II) the estimated loss in revenue to the United 
States from the duty suspension or reduction does 
not exceed $500,000 in a calendar year during 
which the duty suspension or reduction would be 
in effect; and 
(III) the duty suspension or reduction is avail-
able to any person importing the article that is 
the subject of the duty suspension or reduction. 
(F) 
EXCLUSIONS.—The 
appropriate 
congressional 
committees may exclude from a miscellaneous tariff bill 
any petition for a duty suspension or reduction that— 
(i) is contained in any list referred to in subclause 
(I), (II), (III), or (IV) of subparagraph (C)(ii), as updated 
as appropriate under subparagraph (E)(i); 
(ii) is the subject of an objection from a Member 
of Congress; or 
(iii) is for an article for which there is domestic 
production. 
(G) 
ESTIMATES
BY
THE
CONGRESSIONAL
BUDGET 
OFFICE.—For purposes of reflecting the estimate of the 
Congressional Budget Office, the appropriate congressional 
committees shall adjust the amount of a duty suspension 
or reduction in a miscellaneous tariff bill only to assure 
that the estimated loss in revenue to the United States 
from that duty suspension or reduction, as estimated by 
the Congressional Budget Office, does not exceed $500,000 
in a calendar year during which the duty suspension or 
reduction would be in effect. 
(H) PROHIBITIONS.—Any petitions for duty suspensions 
or reductions that are contained in any list referred to 
in subclause (V) or (VI) of subparagraph (C)(ii), as updated 
as appropriate under subparagraph (E)(i), or have not 
otherwise undergone the processes required by this Act 
shall not be included in a miscellaneous tariff bill. 
(4) CONFIDENTIAL BUSINESS INFORMATION.—The procedures 
concerning the release of confidential business information set 
forth in section 332(g) of the Tariff Act of 1930 (19 U.S.C. 
1332(g)) shall apply with respect to information received by 
the Commission in posting petitions on a publicly available 
website of the Commission and in preparing reports under 
this subsection. 
(5) PROCEDURES.—The Commission shall prescribe and 
publish in the Federal Register and on a publicly available 
Internet website of the Commission procedures to be complied 
with by members of the public submitting petitions for duty 
suspensions and reductions under subsection (b)(1)(A). 
(c) DEPARTMENT OF COMMERCE REPORT.—Not later than the 
end of the 90-day period beginning on the date of publication 
of the petitions for duty suspensions and reductions under sub-
section (b)(3)(A), the Secretary of Commerce, in consultation with 
U.S. Customs and Border Protection and other relevant Federal 
agencies, shall submit to the Commission and the appropriate 
congressional committees a report on each petition for a duty
H. R. 4923—7 
suspension or reduction submitted under subsection (b)(1)(A) that 
includes the following information: 
(1) A determination of whether or not domestic production 
of the article that is the subject of the petition for the duty 
suspension or reduction exists and, if such production exists, 
whether or not a domestic producer of the article objects to 
the petition for the duty suspension or reduction. 
(2) Any technical changes to the article description that 
are necessary for purposes of administration when articles are 
presented for importation. 
SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUC-
TIONS ON UNITED STATES ECONOMY. 
(a) IN GENERAL.—Not later than 12 months after the date 
of the enactment of a miscellaneous tariff bill, the Commission 
shall submit to the appropriate congressional committees a report 
on the effects on the United States economy of duty suspensions 
and reductions enacted pursuant to this Act, including a broad 
assessment of the economic effects of such duty suspensions and 
reductions on producers, purchasers, and consumers in the United 
States, using case studies describing such effects on selected indus-
tries or by type of article as available data permit. 
(b) RECOMMENDATIONS.—The Commission shall also solicit and 
append to the report required under subsection (a) recommendations 
with respect to those domestic industry sectors or specific domestic 
industries that might benefit from permanent duty suspensions 
and reductions, either through a unilateral action of the United 
States or though negotiations for reciprocal tariff agreements, with 
a particular focus on inequities created by tariff inversions. 
(c) FORM OF REPORT.—Each report required by this section 
shall be submitted in unclassified form, but may include a classified 
annex. 
SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN THE HOUSE 
OF REPRESENTATIVES AND THE SENATE. 
(a) HOUSE OF REPRESENTATIVES.— 
(1) IN GENERAL.—The chair of the Committee on Ways 
and Means of the House of Representatives shall include a 
list of limited tariff benefits contained in a miscellaneous tariff 
bill in the report to accompany such a bill or, in a case where 
a miscellaneous tariff bill is not reported by the committee, 
shall cause such a list to be printed in the appropriate section 
of the Congressional Record. 
(2) LIMITED TARIFF BENEFIT DEFINED.—For purposes of this 
subsection and consistent with clause 9 of rule XXI of the 
Rules of the House of Representatives, as in effect during 
the One Hundred Fourteenth Congress, the term ‘‘limited tariff 
benefit’’ means a provision modifying the Harmonized Tariff 
Schedule of the United States in a manner that benefits 10 
or fewer entities. 
(b) SENATE.— 
(1) IN
GENERAL.—The chairman of the Committee on 
Finance of the Senate, the Majority Leader of the Senate, 
or the designee of the Majority Leader of the Senate, shall 
provide for the publication in the Congressional Record of a 
certification that—
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(A) each limited tariff benefit contained in a miscella-
neous tariff bill considered in the Senate has been identified 
through lists, charts, or other similar means; and 
(B) the information identified in subparagraph (A) has 
been available on a publicly accessible congressional 
website in a searchable format at least 48 hours before 
the vote on the motion to proceed to the miscellaneous 
tariff bill or the vote on the adoption of a report of a 
committee of conference in connection with the miscella-
neous tariff bill, as the case may be. 
(2) SATISFACTION OF SENATE RULES.—Publication of a cer-
tification in the Congressional Record under paragraph (1) 
satisfies the certification requirements of paragraphs 1(a), 2(a), 
and 3(a) of rule XLIV of the Standing Rules of the Senate. 
(3) LIMITED TARIFF BENEFIT DEFINED.—For purposes of this 
subsection and consistent with rule XLIV of the Standing Rules 
of the Senate, as in effect during the One Hundred Fourteenth 
Congress, the term ‘‘limited tariff benefit’’ means a provision 
modifying the Harmonized Tariff Schedule of the United States 
in a manner that benefits 10 or fewer entities. 
(c) ENACTMENT AS EXERCISE OF RULEMAKING POWER OF HOUSE 
OF REPRESENTATIVES AND SENATE.—This section is enacted by Con-
gress— 
(1) as an exercise of the rulemaking power of the House 
of Representatives and the Senate, respectively, and as such 
are deemed a part of the rules of each House, respectively, 
and such procedures supersede other rules only to the extent 
that they are inconsistent with such other rules; and 
(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure 
of that House) at any time, in the same manner, and to the 
same extent as in the case of any other rule of that House. 
SEC. 6. JUDICIAL REVIEW PRECLUDED. 
The exercise of functions under this Act shall not be subject 
to judicial review. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate. 
(2) COMMISSION.—The term ‘‘Commission’’ means the 
United States International Trade Commission. 
(3) COMMISSION DISCLOSURE FORM.—The term ‘‘Commission 
disclosure form’’ means, with respect to a petition for a duty 
suspension or reduction, a document submitted by a petitioner 
to the Commission that contains the following: 
(A) The contact information for any known importers 
of the article to which the proposed duty suspension or 
reduction would apply. 
(B) A certification by the petitioner that the proposed 
duty suspension or reduction is available to any person 
importing the article to which the proposed duty suspension 
or reduction would apply. 
(C) A certification that the petitioner is a likely bene-
ficiary of the proposed duty suspension or reduction.
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(4) DOMESTIC PRODUCER.—The term ‘‘domestic producer’’ 
means a person that demonstrates production, or imminent 
production, in the United States of an article that is identical 
to, or like or directly competitive with, an article to which 
a petition for a duty suspension or reduction would apply. 
(5) DOMESTIC PRODUCTION.—The term ‘‘domestic produc-
tion’’ means the production of an article that is identical to, 
or like or directly competitive with, an article to which a petition 
for a duty suspension or reduction would apply, for which 
a domestic producer has demonstrated production, or imminent 
production, in the United States. 
(6) DUTY
SUSPENSION
OR
REDUCTION.—The term ‘‘duty 
suspension or reduction’’ refers to an amendment to subchapter 
II of chapter 99 of the Harmonized Tariff Schedule of the 
United States for a period not to exceed 3 years that— 
(A) extends an existing temporary duty suspension 
or reduction on an article under that subchapter; or 
(B) provides for a new temporary duty suspension or 
reduction on an article under that subchapter. 
(7) LIKELY
BENEFICIARY.—The term ‘‘likely beneficiary’’ 
means an individual or entity likely to utilize, or benefit directly 
from the utilization of, an article that is the subject of a 
petition for a duty suspension or reduction. 
(8) MEMBER OF CONGRESS.—The term ‘‘Member of Con-
gress’’ means a Senator or Representative in, or Delegate or 
Resident Commissioner to, Congress. 
(9) MISCELLANEOUS TARIFF BILL.—The term ‘‘miscellaneous 
tariff bill’’ means a bill of either House of Congress that contains 
only duty suspensions and reductions and related technical 
corrections that— 
(A) are included in the final report of the Commission 
submitted to the appropriate congressional committees 
under section 3(b)(3)(E), except for— 
(i) petitions for duty suspensions or reductions that 
the Commission has determined do not contain the 
information required under section 3(b)(2); 
(ii) petitions for duty suspensions and reductions 
with respect to which the Commission has determined 
the petitioner is not a likely beneficiary; and 
(iii) petitions for duty suspensions and reductions 
that the Commission does not recommend for inclusion 
in the miscellaneous tariff bill; 
(B) are not excluded under section 3(b)(3)(F); and
H. R. 4923—10 
(C) otherwise meet the applicable requirements of this 
Act. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.