I 
116TH CONGRESS 
1ST SESSION H. R. 1452 
To require the establishment of a process for excluding articles imported 
from the People’s Republic of China from certain duties imposed under 
section 301 of the Trade Act of 1974, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2019 
Mr. KIND (for himself and Mrs. WALORSKI) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To require the establishment of a process for excluding arti-
cles imported from the People’s Republic of China from 
certain duties imposed under section 301 of the Trade 
Act of 1974, 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 ‘‘Import Tax Relief Act 
of 2019’’. 
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SEC. 2. PROCESS FOR EXCLUDING ARTICLES IMPORTED 
FROM THE PEOPLE’S REPUBLIC OF CHINA 
FROM CERTAIN DUTIES IMPOSED UNDER 
SECTION 301 OF THE TRADE ACT OF 1974. 
(a) ESTABLISHMENT
OF EXCLUSION PROCESS.— 
Notwithstanding any other provision of law, the President 
shall establish, in consultation with the United States 
International Trade Commission (in this section referred 
to as the ‘‘Commission’’), a process pursuant to which 
United States entities and associations of such entities 
may request the exclusion of articles imported from the 
People’s Republic of China from duties described in sub-
section (b). 
(b) DUTIES DESCRIBED.—The duties described in 
this subsection are duties imposed on or after September 
24, 2018, pursuant to the investigation— 
(1) initiated under section 301 of the Trade Act 
of 1974 (19 U.S.C. 2411) on August 18, 2017; and 
(2) with respect to which notice was published 
in the Federal Register on August 24, 2017 (82 
Fed. Reg. 40213). 
(c) IMPLEMENTATION OF EXCLUSION PROCESS.—In 
implementing the process established under subsection (a), 
the President shall exclude from the imposition of a duty 
described subsection (b) an article imported from the Peo-
ple’s Republic of China if the President determines— 
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(1)(A) the article is not commercially available 
(as defined by the Commission) outside of the Peo-
ple’s Republic of China, or is not produced outside 
of the People’s Republic of China at a cost-competi-
tive price at commercial scale; 
(B) the imposition of the duty on the article 
would increase consumer prices for day-to-day items 
consumed by low- or middle-income families in the 
United States; or 
(C) the article has not been found by a Federal 
agency to have directly benefited from the non-mar-
ket-based policies of the People’s Republic of China, 
including elements of the Made in China 2025 pol-
icy; and 
(2) the exclusion of the article can likely be ad-
ministered by U.S. Customs and Border Protection. 
(d) DETERMINATION
OF
INCREASED
CONSUMER 
PRICES.—The President shall determine under subsection 
(c)(1)(B) that the imposition of a duty would increase con-
sumer prices for day-to-day items consumed by low- or 
middle-income families in the United States if imposition 
of the duty would cause an increase in— 
(1) the cost of an article listed in Appendix 1 
to chapter 17 of the Handbook of Methods of the 
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Bureau of Labor Statistics of the Department of 
Labor, dated February 14, 2018; or 
(2) the Consumer Price Index for All Urban 
Consumers published by the Bureau of Labor Statis-
tics. 
(e) COLLECTION OF DUTIES.—No duty described in 
subsection (b) imposed on an article imported into the 
United States from the People’s Republic of China on or 
after the date of the enactment of this Act shall be col-
lected on an article until the President has established the 
exclusion process required by subsection (a). 
(f) RETROACTIVE APPLICATION FOR CERTAIN LIQ-
UIDATIONS AND RELIQUIDATIONS.— 
(1) IN GENERAL.—Notwithstanding section 514 
of the Tariff Act of 1930 (19 U.S.C. 1514) or any 
other provision of law, any entry of an article im-
ported from the People’s Republic of China that 
would have been subject to a lower rate of duty if 
the entry had been made after the issuance of an ex-
clusion of the article from the imposition of a duty 
described in subsection (b) pursuant to the exclusion 
process established under subsection (a), that was 
made— 
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(A) after the imposition of the duty de-
scribed in subsection (b) with respect to that 
article; and 
(B) before the issuance of the exclusion, 
shall be liquidated or reliquidated as though the 
entry occurred after the issuance of the exclusion. 
(2) REQUESTS.—A liquidation or reliquidation 
may be made under paragraph (1) with respect to 
an entry of an article only if a request therefor is 
filed with U.S. Customs and Border Protection not 
later than 180 days after the issuance of an exclu-
sion described in paragraph (1) with respect to that 
article that contains sufficient information to enable 
U.S. Customs and Border Protection— 
(A) to locate the entry; or 
(B) to reconstruct the entry if it cannot be 
located. 
(3) PAYMENTS
OF
AMOUNTS
OWED.—Any 
amounts owed by the United States pursuant to the 
liquidation or reliquidation of an entry of an article 
under paragraph (1) shall be paid, without interest, 
not later than 90 days after the date of the liquida-
tion or reliquidation (as the case may be). 
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(4) ENTRY DEFINED.—In this subsection, the 
term ‘‘entry’’ includes a withdrawal from warehouse 
for consumption. 
(g) 
EXCLUSION
PROCESS
ESTABLISHED
BY 
USTR.—If the United States Trade Representative estab-
lishes an exclusion process as described under the heading 
‘‘SALARIES AND EXPENSES’’ under the heading ‘‘OFFICE 
OF THE UNITED STATES TRADE REPRESENTATIVE’’ in 
title IV of division C of the joint explanatory statement 
of the committee of conference accompanying the Consoli-
dated Appropriations Act, 2019 (Public Law 116–9), the 
Trade Representative shall establish that process in ac-
cordance with this section. 
(h) UNITED STATES ENTITY DEFINED.—The term 
‘‘United States entity’’ means an entity organized under 
the laws of the United States or any jurisdiction within 
the United States. 
Æ 
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