I
107TH CONGRESS
1ST SESSION
H. R. 1786
To impose tariff-rate quotas on certain casein and milk protein concentrates.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2001
Mr. OBEY (for himself, Mr. GUTKNECHT, Mr. SANDERS, Ms. BALDWIN, and
Mr. MCHUGH) introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To impose tariff-rate quotas on certain casein and milk
protein concentrates.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. IMPOSITION OF TARIFF-RATE QUOTAS ON CER-
TAIN CASEIN AND MILK CONCENTRATES.
(a) CASEIN AND CASEIN PRODUCTS.—
(1) IN GENERAL.—The Additional U.S. notes to
chapter 35 of the Harmonized Tariff Schedule of the
United States are amended—
(A) in note 1, by striking ‘‘subheading
3501.10.10’’ 
and 
inserting 
‘‘subheadings
3501.10.05, 3501.10.15, and 3501.10.20’’; and
(B) by adding at the end the following new
note:
‘‘2. The aggregate quantity of casein, caseinates, milk
protein concentrate, and other casein derivatives entered
under 
subheadings 
3501.10.15, 
3501.10.65, 
and
3501.90.65 in any calendar year shall not exceed
54,051,000 kilograms. Articles the product of Mexico shall
not be permitted or included under this quantitative limi-
tation and no such article shall be classifiable therein.’’.
(2) RATES FOR CERTAIN CASEINS, CASEINATES,
AND OTHER DERIVATIVES AND GLUES.—Chapter 35
of the Harmonized Tariff Schedule of the United
States is amended by striking subheadings 3501.10
through 3501.90.60, inclusive, and inserting the fol-
lowing new subheadings with article descriptions for
subheadings 3501.10 and 3501.90 having the same
degree of indentation as the article description for
subheading 3502.20.00:
‘‘
3501.10
Casein:
Milk protein concentrate:
3501.10.05
Described in general note 15 of
the tariff schedule and entered
pursuant to its provisions ............
0.37¢/kg
Free (A*, CA, E,
IL, J, MX)
12¢/kg
3501.10.15
Described in additional U.S. note
2 to this chapter and entered ac-
cording to its provisions ..............
0.37¢/kg
Free (A*, CA, E,
IL, J)
12¢/kg
3501.10.20
Other ...........................................
$2.16/kg
Free (MX)
$2.81/kg
Other:
3501.10.55
For industrial uses other than the
manufacture of food for humans
or other animals or as ingredients
in such food .................................
Free
Free (A*, CA, E,
IL, J, MX)
Free
Other:
3501.10.60
Described in general note 15 of
the tariff schedule and entered
pursuant to its provisions .......
Free
Free (A*, CA, E,
IL, J, MX)
12¢/kg
3501.10.65
Described in additional U.S.
note 2 to this chapter and en-
tered according to its provi-
sions ........................................
0.37¢/kg
Free (A*, CA, E,
IL, J)
12¢/kg
3501.10.70
Other .......................................
$2.16/kg
Free (MX)
$2.81/kg
3501.90
Other:
3501.90.05
Casein glues .....................................
6%
Free (A*, CA, E,
IL, J, MX)
30%
Other:
3501.90.30
For industrial uses other than the
manufacture of food for humans
or other animals or as ingredients
in such food .................................
6%
Free (A*, CA, E,
IL, J, MX)
30%
Other:
3501.90.55
Described in general note 15 of
the tariff schedule and entered
pursuant to its provisions ........
0.37¢/kg
Free (A*, CA, E,
IL, J, MX)
12.1¢/kg
3501.90.65
Described in additional U.S.
note 2 to this chapter and en-
tered according to its provi-
sions .........................................
0.37¢/kg
Free (A*, CA, E,
IL, J)
12.1¢/kg
3501.90.70
Other .......................................
$2.16/kg
Free (MX)
$2.81/kg
’’.
(b) MILK PROTEIN CONCENTRATES.—
(1) IN GENERAL.—The Additional U.S. notes to
chapter 4 of the Harmonized Tariff Schedule of the
United States are amended—
(A) in note 13, by striking ‘‘subheading
0404.90.10’’ 
and 
inserting 
‘‘subheadings
0404.90.05, 0404.90.15, and 0404.90.20’’; and
(B) by adding at the end the following new
note:
‘‘27. The aggregate quantity of milk protein con-
centrates entered under subheading 0404.90.15 in any
calendar year shall not exceed 15,818,000 kilograms. Arti-
cles the product of Mexico shall not be permitted or in-
cluded under this quantitative limitation and no such arti-
cle shall be classifiable therein.’’.
(2) RATES FOR CERTAIN MILK PROTEIN CON-
CENTRATES.—Chapter 4 of the Harmonized Tariff
Schedule of the United States is amended by strik-
ing subheading 0404.90 through 0404.90.10, inclu-
sive, and inserting the following new subheadings
with the article description for subheading 0404.90
having the same degree of indentation as the article
description for subheading 0405.10 and the article
description for subheadings 0404.90.05, 0404.90.15,
and 0404.90.20 having the same degree of indenta-
tion as the article description for subheading
0405.20.40:
‘‘
0404.90
Other:
Milk protein concentrates:
0404.90.05
Described in general note 15 of
the tariff schedule and entered
pursuant to its provisions ............
0.37¢/kg
Free (A*, CA, E,
IL, J, MX)
12¢/kg
0404.90.15
Described in additional U.S. note
27 to this chapter and entered
pursuant to its provisions ............
0.37¢/kg
Free (A*, CA, E,
IL, J)
12¢/kg
0404.90.20
Other ...........................................
$1.56/kg
Free (MX)
$2.02/kg
’’.
(c) EFFECTIVE DATE.—The amendments made by
this section apply to goods entered, or withdrawn from
warehouse for consumption, on or after the first day of
the first month after the date that is 15 days after the
date of enactment of this Act.
SEC. 2. COMPENSATION AUTHORITY.
(a) IN GENERAL.—If the provisions of section 1 re-
quire, the President—
(1) may enter into a trade agreement with any
foreign country or instrumentality for the purpose of
granting new concessions as compensation in order
to maintain the general level of reciprocal and mutu-
ally advantageous concessions; and
(2) may proclaim such modification or continu-
ance of any existing duty, or such continuance of ex-
isting duty-free or excise treatment, as the President
determines to be required or appropriate to carry
out any such agreement.
(b) LIMITATIONS.—
(1) IN
GENERAL.—No proclamation shall be
made pursuant to subsection (a) decreasing any rate
of duty to a rate which is less than 70 percent of
the existing rate of duty.
(2) SPECIAL RULE FOR CERTAIN DUTY REDUC-
TIONS.—If the rate of duty in effect at any time is
an intermediate stage under section 1102(a) of the
Omnibus Trade and Competitiveness Act of 1988,
the proclamation made pursuant to subsection (a)
may provide for the reduction of each rate of duty
at each such stage proclaimed under section 1102(a)
by not more than 30 percent of such rate of duty,
and may provide for a final rate of duty which is not
less than the 70 percent of the rate of duty pro-
claimed as the final stage under section 1102(a).
(3) ROUNDING.—If the President determines
that such action will simplify the computation of the
amount of duty computed with respect to an article,
the President may exceed the limitations provided in
paragraphs (1) and (2) by not more than the lesser
of—
(A) the difference between such limitation
and the next lower whole number, or
(B) one-half of one percent ad valorem.
Æ