I
107TH CONGRESS
1ST SESSION
H. R. 2967
To provide duty-free treatment for certain foodstuffs originating in NAFTA
countries.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 25, 2001
Mrs. THURMAN introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To provide duty-free treatment for certain foodstuffs
originating in NAFTA countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DUTY-FREE TREATMENT OF CERTAIN FOOD-
STUFFS ORIGINATING IN NAFTA COUNTRIES.
(a) AMENDMENTS TO U.S. NOTES.—Subchapter II
of chapter 98 of the Harmonized Tariff Schedule of the
United States is amended by adding after U.S. note 6 the
following new note:
‘‘7. Certain food preparations that are the product of Can-
ada or Mexico consisting of, or processed using, a ma-
terial exported from the United States.—The fol-
lowing 
provisions 
apply 
only 
to 
subheading
9802.00.95:
‘‘(a) Entry of any product described by subheading
9802.00.95:
‘‘(i) shall not be subject to duty under the pro-
visions of subchapter IV of chapter 99; and
‘‘(ii) if a tariff-rate quota provision would have
applied to such product but for subheading
9802.00.95, the quantity of the product
entered under that subheading shall not be
counted against the quantity specified as
the in-quota quantity for any such product.
‘‘(b) The term ‘product of Canada or Mexico’ means
a good:
‘‘(i) that is determined to be a product of Can-
ada or of Mexico under rules of origin pro-
mulgated by the Secretary of the Treasury
pursuant to Annex 311 of the North
American Free Trade Agreement, as im-
plemented under the North American Free
Trade Agreement Implementation Act; or
‘‘(ii) that is processed, packaged, or otherwise
advanced in value or improved in condition
in Canada or Mexico (or both) and that is
determined to be a product of the United
States under such rules of origin.
‘‘(c) The term ‘product of the United States’ means
a good or material that is determined to be a
product of the United States under rules of ori-
gin promulgated by the Secretary of the Treas-
ury pursuant to Annex 311 of the North Amer-
ican Free Trade Agreement, as implemented
under the North American Free Trade Agree-
ment Implementation Act.
‘‘(d) The term ‘processed in Canada or Mexico (or
both) using a good or material that was ex-
ported from the United States’ includes, but is
not limited to:
‘‘(i) processing in Canada or Mexico using a
good or material that previously was im-
ported into the United States; and
‘‘(ii) processing in Canada or Mexico using a
good or material that was processed in a
country or countries other than Canada or
Mexico after exportation from the United
States, if such processing did not effect a
change in the country of origin of the good
as exported from the United States.’’.
(b) DUTY-FREE TREATMENT.—Subchapter II of
chapter 98 of the Harmonized Tariff Schedule of the
United States is amended by inserting in numerical se-
quence the following new heading:
‘‘
9802.00.95
Any good of subheading 2008.11,
that is a product of Canada or
Mexico and that was processed in
Canada or Mexico (or both) using a
good or material exported from the
United States, if the following con-
ditions are met: (1) the good as im-
ported into the United States is an
originating good satisfying the re-
quirements of General Note 12 of
the tariff schedule; and (2) any
good or material of heading 1202
or 2008 that was used in the proc-
essing in Canada or in Mexico (or
both) of the good imported into the
United States was a product of the
United States and was produced
from quota peanuts as defined in
section 358–1 of the Agriculture
Adjustment Act of 1938 that are
products of the United States ........
Free (see U.S.
note 7 of this
subchapter)
’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall apply to goods entered, or
withdrawn from warehouse for consumption, on or after
the 15th day after the date of the enactment of this Act.
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