I 
114TH CONGRESS 
2D SESSION 
H. R. 4923 
To establish a process for the submission and consideration of petitions 
for temporary duty suspensions and reductions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 13, 2016 
Mr. BRADY of Texas (for himself, Mr. LEVIN, Mr. REICHERT, Mr. RANGEL, 
Mr. TIBERI, Mr. BLUMENAUER, Mr. REED, Mr. PASCRELL, Mr. 
RENACCI, Mr. DANNY K. DAVIS of Illinois, Mr. WALKER, Mr. CLYBURN, 
Mr. MULVANEY, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. MCCLIN-
TOCK, Mr. BISHOP of Georgia, Mr. ROKITA, Mr. COURTNEY, and Mr. 
BLUM) introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committee on Rules, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Manufac-
turing Competitiveness Act of 2016’’. 
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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. 
(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 
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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— 
(A) in the case of a miscellaneous tariff bill 
considered in the House of Representatives, 
consistent with the Rules of the House of Rep-
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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-
tent of the Rules of the House of Representatives 
and the Senate and other related guidance. 
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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 
of the Secretary of Commerce under 
subsection (c)(1), and, if such produc-
tion exists, whether or not a domestic 
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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. 
(VI) The likely beneficiaries of 
each duty suspension or reduction, in-
cluding whether the petitioner is a 
likely beneficiary. 
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(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 
the requirements of this Act, with the 
modification specified. 
(IV) A list of petitions for duty 
suspensions and reductions for which 
the Commission recommends modi-
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fications to the scope of the articles 
that are the subject of such petitions 
to address objections by domestic pro-
ducers to such petitions, with the 
modifications specified. 
(V) A list of the following: 
(aa) Petitions for duty sus-
pensions and reductions that the 
Commission has determined do 
not contain the information re-
quired under paragraph (2). 
(bb) Petitions for duty sus-
pensions and reductions with re-
spect to which the Commission 
has determined the petitioner is 
not a likely beneficiary. 
(VI) A list of petitions for duty 
suspensions and reductions that the 
Commission does not recommend for 
inclusion in a miscellaneous tariff bill, 
other than petitions specified in sub-
clause (V). 
(D) 
ADDITIONAL
INFORMATION.—The 
Commission shall consider any information sub-
mitted by the appropriate congressional com-
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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 
(ii) a determination of the Commis-
sion that— 
(I) the duty suspension or reduc-
tion can be administered by U.S. Cus-
toms and Border Protection; 
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(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, as deter-
mined by the Congressional Budget 
Office; 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 
(iii) is for an article for which there is 
domestic production. 
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