I
106TH CONGRESS
2D SESSION
H. R. 4478
To exempt certain small businesses from the increased tariffs and other
retaliatory measures imposed against products of the European Union
in response to the banana regime of the European Union and its treat-
ment of imported bovine meat, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 2000
Mr. MENENDEZ (for himself, Mr. SANFORD, Mr. DAVIS of Illinois, Ms. WA-
TERS, Mrs. CHRISTENSEN, Mr. WYNN, and Mr. DELAHUNT) introduced
the following bill; which was referred to the Committee on Ways and
Means
A BILL
To exempt certain small businesses from the increased tariffs
and other retaliatory measures imposed against products
of the European Union in response to the banana regime
of the European Union and its treatment of imported
bovine meat, and for other purposes.
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 ‘‘Small Business Trade
Protection Act’’.
SEC. 2. EXEMPTION OF CERTAIN SMALL BUSINESS FROM
INCREASED TARIFFS ON CERTAIN PROD-
UCTS.
Notwithstanding any other provision of law, an
importer—
(1) of goods of the European Union that are
subject to increased tariffs pursuant to the an-
nouncements 
of 
the 
United 
States 
Trade
Representative—
(A) on March 3, 1999, in response to the
banana regime of the European Union, and
(B) on March 22, 1999, in response to the
ban by the European Union on imports of beef
from the United States that has been treated
with scientifically proven safe hormones, or
(2) of goods that are subject to any other in-
creased tariffs or other import restrictions imposed
by the United States against a country or countries
pursuant to a decision of the World Trade Organiza-
tion in favor of the United States in a dispute
against another country or other countries,
shall be exempt, to the extent provided in section 3, from
such increases or import restrictions if the importer had
fewer than 100 employees during the 2 calendar quarters
preceding the beginning of the calendar year in which the
exemption applies.
SEC. 3. LIMITATION ON EXEMPTION.
The exemption under section 2 shall apply to an im-
porter in a calendar year for that quantity of an article
which does not exceed 125 percent of the quantity of the
same article that is a product of—
(1) the European Union, in the case of tariffs
described in paragraph (1) of section 2, or
(2) the country or countries concerned, in a
case to which paragraph (2) of section 2 applies,
and was imported by that importer during the preceding
calendar year.
SEC. 4. REBATES TO SMALL BUSINESSES OF ADDITIONAL
TARIFFS.
(a) ELIGIBLE SMALL BUSINESS OWNERS.—Any im-
porter who—
(1) before the enactment of this Act, incurred
losses amounting to 50 percent or more of their rev-
enues as a result of paying increased tariffs pursu-
ant to the announcements of the United States
Trade Representative described in subparagraphs
(A) and (B) of section 2(1), and
(2) had fewer than 100 employees in any cal-
endar quarter in which such increased tariffs were
paid,
shall be eligible for the rebate described in subsection (b).
(b) REBATE.—An importer eligible for a rebate under
this subsection shall be paid an amount equal to the in-
crease in tariffs the importer paid pursuant to the an-
nouncements of the United States Trade Representative
described in subparagraphs (A) and (B) of section 2(1).
(c) ADMINISTRATION BY SECRETARY OF THE TREAS-
URY.—
(1) DETERMINATION
OF
ELIGIBILITY.—The
Secretary of the Treasury shall determine the eligi-
bility of importers for the rebate under this section.
(2) REGULATIONS.—The Secretary of the
Treasury shall issue regulations setting forth the
procedures for applying for a rebate under this sec-
tion.
(3) STANDARD.—The Secretary of the Treasury
shall determine that an importer is eligible for a re-
bate under this section if the importer presents a
reasonable basis for a determination that losses in-
curred are as a result of the increased tariffs.
(4) PAYMENT.—The Secretary of the Treasury
shall pay to eligible importers the amount of the re-
bate for which they are eligible.
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