I 
117TH CONGRESS 
2D SESSION 
H. R. 8982 
To amend the Harmonized Tariff Schedule of the United States to suspend 
temporarily rates of duty on imports of certain infant formula base 
powder used in the manufacturing of infant formula in the United 
States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2022 
Ms. DELBENE (for herself, Mr. BLUMENAUER, Mr. LARSON of Connecticut, 
Mr. SMITH of Nebraska, Mr. KILDEE, Mr. FERGUSON, Mr. HIGGINS of 
New York, Mr. PANETTA, Ms. CHU, Ms. SEWELL, Mr. KILMER, Ms. 
PLASKETT, Ms. MOORE of Wisconsin, Mr. SUOZZI, Mr. GOTTHEIMER, 
Mr. LARSEN of Washington, Mr. SCHNEIDER, Ms. WILLIAMS of Georgia, 
Mrs. AXNE, Mrs. MURPHY of Florida, Mr. PETERS, Mr. WENSTRUP, Mr. 
CARBAJAL, Mr. PAPPAS, Mr. TRONE, and Mr. CASTEN) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend the Harmonized Tariff Schedule of the United 
States to suspend temporarily rates of duty on imports 
of certain infant formula base powder used in the manu-
facturing of infant formula in the United States, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Bulk Infant Formula 
to Retail Shelves Act’’. 
SEC. 2. TEMPORARY DUTY SUSPENSIONS FOR INFANT FOR-
MULA BASE POWDER. 
(a) IN GENERAL.—Subchapter III of chapter 99 of 
the Harmonized Tariff Schedule of the United States (in 
the section referred to as the ‘‘HTS’’) is amended by in-
serting the following new subheading in numerical se-
quence: 
‘‘ 
Infant formula base powder to be used in 
manufacturing infant formula in the United 
States, exported on or before November 14, 
2022, by a party that has been determined 
by the Food and Drug Administration to be 
authorized to lawfully market infant formula 
in the United States or has received a letter 
of enforcement discretion from the Food and 
Drug Administration relating to the mar-
keting of its infant formula in the United 
States: 
9903.19.23 
Provided for in subheading 1901.90.62 .....
Free 
No change 
No change 
’’. 
(b) DEFINITION
AND APPLICABILITY.—The U.S. 
Notes to subchapter III of chapter 99 of the HTS are 
amended by adding at the end following: 
‘‘21.(a) 
For 
purposes 
of 
subheading 
9903.19.23, the term ‘infant formula base powder’ 
means a dry mixture of protein, fat, and carbo-
hydrates 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)). 
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‘‘(b) The necessary proof that an import is a 
qualifying infant formula base powder under sub-
heading 9903.19.23 shall be established by a written 
notice from the Food and Drug Administration that 
the base powder shipment qualifies for importation 
under such subheading. 
‘‘(c) The duty-free treatment of infant formula 
base powder set forth in subheading 9903.19.23 
shall apply only with respect to the importation of 
an aggregate quantity not exceeding 2,600 metric 
tons of such infant formula base powder.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall apply with respect to goods 
entered, or withdrawn from warehouse for consumption, 
during the period beginning on the third day after the date 
of enactment of this Act and ending at the close of Decem-
ber 31, 2022. 
(d) WAIVER OF OTHER DUTIES OR SAFEGUARDS.— 
Notwithstanding any other provision of law, during the pe-
riod described in subsection (c), articles of infant formula 
base powder that are classifiable under subheading 
9903.19.23 of the HTS, as added by the amendment made 
by subsection (a), shall not be subject to any additional 
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safeguard duties that may be imposed under subchapter 
IV of chapter 99 of the HTS. 
Æ 
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