II 
114TH CONGRESS 
2D SESSION 
H. R. 4923 
IN THE SENATE OF THE UNITED STATES 
APRIL 28, 2016 
Received 
AN ACT 
To establish a process for the submission and consideration 
of petitions for temporary duty suspensions and reduc-
tions, 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 ‘‘American Manufac-
turing Competitiveness Act of 2016’’. 
SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MIS-
CELLANEOUS TARIFF BILL. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) As of the date of the enactment of this Act, 
the Harmonized Tariff Schedule of the United 
States imposes duties on imported goods for which 
there is no domestic availability or insufficient do-
mestic availability. 
(2) The imposition of duties on such goods cre-
ates 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 Har-
monized 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. 
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(5) Complying with the Rules of the House of 
Representatives 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 consid-
ering 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 Representa-
tives; 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 con-
tained in any miscellaneous tariff bill following the 
process set forth by this Act will not have been the 
subject of legislation introduced by an individual 
Member of Congress and will be fully vetted through 
a transparent and fair process free of abuse, it is ap-
propriate for Congress to consider limited tariff ben-
efits as part of that miscellaneous tariff bill as long 
as— 
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(A) in the case of a miscellaneous tariff bill 
considered in the House of Representatives, 
consistent with the Rules of the House of Rep-
resentatives, a list of such limited tariff benefits 
is published in the reports of the Committee on 
Ways and Means of the House of Representa-
tives accompanying the miscellaneous tariff bill, 
or in the Congressional 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 con-
ference in connection with the miscella-
neous 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 in-
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tent of the Rules of the House of Representatives 
and the Senate and other related guidance. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that, to remove the competitive disadvantage to 
United States manufacturers and consumers and to pro-
mote the competitiveness of United States manufacturers, 
Congress should, not later than 90 days after the United 
States International Trade Commission issues a final re-
port 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 no-
tice requesting members of the public who can dem-
onstrate that they are likely beneficiaries of duty 
suspensions or reductions to submit to the Commis-
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sion during the 60-day period beginning on the date 
of such publication— 
(A) petitions for duty suspensions and re-
ductions; and 
(B) Commission disclosure forms with re-
spect 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 peti-
tioner. 
(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 beneficiary of the proposed duty suspen-
sion or reduction. 
(D) An article description for the proposed 
duty suspension 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— 
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(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. Cus-
toms and Border Protection with respect 
to the article; and 
(iii) a copy of a U.S. Customs and 
Border Protection entry summary indi-
cating where the article is classified 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 cal-
endar year in which the petition is filed, includ-
ing an estimate of the total value of such im-
ports 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. 
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(J) A description of any domestic produc-
tion of the article, if available. 
(K) Such other information as the Com-
mission may require. 
(3) REVIEW.— 
(A) COMMISSION PUBLICATION AND PUB-
LIC
AVAILABILITY.—As soon as practicable 
after the expiration of the 60-day period speci-
fied 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 Com-
mission— 
(i) the petitions for duty suspensions 
and reductions submitted under paragraph 
(1)(A) that contain the information re-
quired 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 
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the Commission a notice requesting mem-
bers of the public to submit to the Com-
mission during the 45-day period begin-
ning on the date of publication described 
in subparagraph (A) comments on— 
(I) the petitions for duty suspen-
sions and reductions published by the 
Commission 
under 
subparagraph 
(A)(i); and 
(II) the Commission disclosure 
forms with respect to such duty sus-
pensions 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 re-
ceived under clause (i). 
(C) PRELIMINARY REPORT.— 
(i) IN GENERAL.—As soon as prac-
ticable after the expiration of the 120-day 
period beginning on the date of publication 
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described in subparagraph (A), but in any 
case not later than 30 days after the expi-
ration of such 120-day period, the Com-
mission shall submit to the appropriate 
congressional committees a preliminary re-
port on the petitions for duty suspensions 
and reductions submitted under paragraph 
(1)(A). The preliminary report shall con-
tain the following information with respect 
to each petition for a duty suspension or 
reduction: 
(I) The heading or subheading of 
the Harmonized Tariff Schedule of 
the United States in which each arti-
cle that is the subject of the petition 
for the duty suspension or reduction 
is classified, as identified by docu-
mentation supplied to the Commis-
sion, and any supporting information 
obtained by the Commission. 
(II) A determination of whether 
or not domestic production of the arti-
cle that is the subject of the petition 
for the duty suspension or reduction 
exists, taking into account the report 
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of the Secretary of Commerce under 
subsection (c)(1), and, if such produc-
tion 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 adminis-
tration when the article is presented 
for importation, taking into account 
the report of the Secretary of Com-
merce under subsection (c)(2). 
(IV) An estimate of the amount 
of loss in revenue 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 reduc-
tion is available to any person that 
imports the article that is the subject 
of the duty suspension or reduction. 
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(VI) The likely beneficiaries of 
each duty suspension or reduction, in-
cluding whether the petitioner is a 
likely beneficiary. 
(ii) CATEGORIES OF INFORMATION.— 
The preliminary report submitted under 
clause (i) shall also contain 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 recommends technical 
corrections in order to meet the re-
quirements of this Act, with the cor-
rection specified. 
(III) A list of petitions for duty 
suspensions and reductions for which 
the Commission recommends modi-
fications to the amount of the duty 
suspension or reduction that is the 
subject of the petition to comply with 
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other than petitions specified in sub-
clause (V). 
(D) 
ADDITIONAL
INFORMATION.—The 
Commission shall consider any information sub-
mitted by the appropriate congressional com-
mittees 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 
preliminary report submitted under subpara-
graph (C) to a list referred to in subclause (I), 
(II), (III), or (IV) of subparagraph (C)(ii). 
(E) FINAL REPORT.—Not later than 60 
days after the date on which the preliminary re-
port 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 re-
port shall contain with respect to each such pe-
tition— 
(i) the information required under 
clauses (i) and (ii) of subparagraph (C) 
and updated as appropriate under sub-
paragraph (D); and 
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(ii) a determination of the Commis-
sion whether— 
(I) the duty suspension or reduc-
tion 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 ex-
ceed $500,000 in a calendar year dur-
ing which the duty suspension or re-
duction would be in effect; and 
(III) the duty suspension or re-
duction is available to any person im-
porting the article that is the subject 
of the duty suspension or reduction. 
(F) EXCLUSIONS.—The appropriate con-
gressional committees may exclude from a mis-
cellaneous tariff bill any petition for a duty sus-
pension or reduction that— 
(i) is contained in any list referred to 
in subclause (I), (II), (III), or (IV) of sub-
paragraph (C)(ii), as updated as appro-
priate under subparagraph (E)(i); 
(ii) is the subject of an objection from 
a Member of Congress; or 
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(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 Of-
fice, 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 re-
duction, 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 con-
tained 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 miscella-
neous tariff bill. 
(4) CONFIDENTIAL BUSINESS INFORMATION.— 
The procedures concerning the release of confiden-
tial business information set forth in section 332(g) 
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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 avail-
able website of the Commission and in preparing re-
ports under this subsection. 
(5) PROCEDURES.—The Commission shall pre-
scribe and publish in the Federal Register and on a 
publicly available Internet website of the Commis-
sion 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 subsection (b)(3)(A), the Secretary 
of Commerce, in consultation with U.S. Customs and Bor-
der Protection and other relevant Federal agencies, shall 
submit to the Commission and the appropriate congres-
sional committees a report on each petition for a duty sus-
pension 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 do-
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mestic producer of the article objects to the petition 
for the duty suspension or reduction. 
(2) Any technical changes to the article descrip-
tion that are necessary for purposes of administra-
tion when articles are presented for importation. 
SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND 
REDUCTIONS 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 congres-
sional committees a report on the effects on the United 
States economy of duty suspensions and reductions en-
acted pursuant to this Act, including a broad assessment 
of the economic effects of such duty suspensions and re-
ductions on producers, purchasers, and consumers in the 
United States, using case studies describing such effects 
on selected industries 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 indus-
try sectors or specific domestic industries that might ben-
efit from permanent duty suspensions and reductions, ei-
ther through a unilateral action of the United States or 
though negotiations for reciprocal tariff agreements, with 
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a particular focus on inequities created by tariff inver-
sions. 
(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 con-
tained in a miscellaneous tariff bill in the report to 
accompany such a bill or, in a case where a miscella-
neous tariff bill is not reported by the committee, 
shall cause such a list to be printed in the appro-
priate 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 Hun-
dred Fourteenth Congress, the term ‘‘limited tariff 
benefit’’ means a provision modifying the Har-
monized Tariff Schedule of the United States in a 
manner that benefits 10 or fewer entities. 
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(b) SENATE.— 
(1) IN GENERAL.—The chairman of the Com-
mittee on Finance of the Senate, the Majority Lead-
er of the Senate, or the designee of the Majority 
Leader of the Senate, shall provide for the publica-
tion in the Congressional Record of a certification 
that— 
(A) each limited tariff benefit contained in 
a miscellaneous tariff bill considered in the Sen-
ate has been identified through lists, charts, or 
other similar means; and 
(B) the information identified in subpara-
graph (A) has been available on a publicly ac-
cessible 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 miscellaneous tariff bill, as the case may be. 
(2) SATISFACTION OF SENATE RULES.—Publi-
cation of a certification in the Congressional Record 
under paragraph (1) satisfies the certification re-
quirements of paragraphs 1(a), 2(a), and 3(a) of 
rule XLIV of the Standing Rules of the Senate. 
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(3) LIMITED TARIFF BENEFIT DEFINED.—For 
purposes of this subsection and consistent with rule 
XLIV of the Standing Rules of the Senate, as in ef-
fect 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 SEN-
ATE.—This section is enacted by Congress— 
(1) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
spectively, and as such are deemed a part of the 
rules of each House, respectively, and such proce-
dures 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. 
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SEC. 7. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 Com-
mission. 
(3) 
COMMISSION
DISCLOSURE
FORM.—The 
term ‘‘Commission disclosure form’’ means, with re-
spect to a petition for a duty suspension or reduc-
tion, 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 reduc-
tion would apply. 
(C) A certification that the petitioner is a 
likely beneficiary of the proposed duty suspen-
sion or reduction. 
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(4) DOMESTIC PRODUCER.—The term ‘‘domes-
tic producer’’ means a person that demonstrates 
production, or imminent production, in the United 
States of an article that is identical to, or like or di-
rectly competitive with, an article to which a petition 
for a duty suspension or reduction would apply. 
(5) DOMESTIC
PRODUCTION.—The term ‘‘do-
mestic production’’ means the production of an arti-
cle that is identical to, or like or directly competitive 
with, an article to which a petition for a duty sus-
pension or reduction would apply, for which a do-
mestic producer has demonstrated production, or im-
minent 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. 
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(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 ‘‘Mem-
ber of Congress’’ means a Senator or Representative 
in, or Delegate or Resident Commissioner to, Con-
gress. 
(9) MISCELLANEOUS TARIFF BILL.—The term 
‘‘miscellaneous tariff bill’’ means a bill of either 
House of Congress that contains only duty suspen-
sions and reductions and related technical correc-
tions that— 
(A) are included in the final report of the 
Commission submitted to the appropriate con-
gressional committees under section 3(b)(3)(E), 
except for— 
(i) petitions for duty suspensions or 
reductions that the Commission has deter-
mined do not contain the information re-
quired under section 3(b)(2); 
(ii) petitions for duty suspensions and 
reductions with respect to which the Com-
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mission 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 miscella-
neous tariff bill; 
(B) are not excluded under section 
3(b)(3)(F); and 
(C) otherwise meet the applicable require-
ments of this Act. 
Passed the House of Representatives April 27, 2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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