I 
118TH CONGRESS 
2D SESSION 
H. R. 8059 
To eliminate the incentive to distribute e-commerce shipments from foreign 
countries by providing parity to United States foreign-trade zones, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2024 
Mr. WENSTRUP (for himself, Mr. CORREA, Mrs. MILLER of West Virginia, Mr. 
GALLEGO, Mr. FITZPATRICK, and Mr. CAREY) introduced the following 
bill; which was referred to the Committee on Ways and Means 
A BILL 
To eliminate the incentive to distribute e-commerce ship-
ments from foreign countries by providing parity to 
United States foreign-trade zones, and for other pur-
poses. 
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 ‘‘U.S. Foreign Trade 
Zone Parity Act of 2024’’. 
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SEC. 2. CUSTOMS ENTRY PROCEDURES FOR ARTICLES 
WITHDRAWN FROM A FOREIGN-TRADE ZONE. 
(a) IN GENERAL.—Section 321 of the Tariff Act of 
1930 (19 U.S.C. 1321) is amended— 
(1) in subsection (a)(2), in the matter pre-
ceding subparagraph (A)— 
(A) by inserting ‘‘or withdrawal from a 
foreign trade zone and subsequent entry for 
consumption’’ after ‘‘by reason of importation’’; 
(B) by inserting ‘‘or in a foreign-trade 
zone’’ after ‘‘in the country of shipment’’; 
(C) by inserting ‘‘, or if withdrawn from a 
foreign-trade zone on one invoice or order for 
one ultimate consignee on one day,’’ after ‘‘one 
person on one day’’; and 
(D) by striking ‘‘subdivision (2)’’ each 
place it appears and inserting ‘‘paragraph (2)’’; 
and 
(2) by adding at the end the following: 
‘‘(c) In this section, the term ‘foreign-trade zone’ 
means a zone established pursuant to the Act of June 18, 
1934 (commonly known as the ‘Foreign-Trade Zones Act’) 
(19 U.S.C. 81a et seq.).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and apply with respect to articles entered 
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on or after the 30th day after the date on which final 
regulations to implement this Act and the amendments 
made by this Act take effect in accordance with section 
4(b). 
SEC. 3. TREATMENT OF E-COMMERCE UNDER FOREIGN- 
TRADE ZONES ACT. 
(a) IN GENERAL.—Section 15(d) of the Act of June 
18, 1934 (commonly known as the ‘‘Foreign-Trade Zones 
Act’’) (19 U.S.C. 81o(d)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and 
(2) by adding at the end the following: 
‘‘(2)(A) In this subsection, the term ‘retail trade’ 
does not include any electronic commerce transaction in 
which articles with a fair retail value in the country of 
shipment or in a foreign-trade zone of less than the 
amount specified in section 321(a)(2)(C) of the Tariff Act 
of 1930 (19 U.S.C. 1321(a)(2)(C)) are withdrawn from 
a zone. 
‘‘(B) For purposes of subparagraph (A), the term 
‘electronic commerce’ means the production, distribution, 
marketing, sale, or delivery of goods and services by elec-
tronic means.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date on which the 
final regulations to implement this Act and the amend-
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ments made by this Act take effect in accordance with sec-
tion 4(b). 
SEC. 4. PROPOSED AND FINAL REGULATIONS. 
(a) PROPOSED REGULATIONS.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of the Treasury, in coordination with the Sec-
retary of Homeland Security and the Secretary of 
Commerce, shall prescribe proposed regulations to 
implement this Act and the amendments made by 
this Act in accordance with the requirements de-
scribed in this section. 
(2) MATTERS TO BE INCLUDED.—The regula-
tions described in paragraph (1) shall, at min-
imum— 
(A) use a distinct valuation method under 
section 146.65(b)(2) of title 19, Code of Fed-
eral Regulations, for calculation of dutiable 
value of entries made under section 321(a)(2) 
of the Tariff Act of 1930 (19 U.S.C. 
1321(a)(2)), as amended by section 2(a)(1), 
from the foreign trade zone; and 
(B) require such calculation of dutiable 
value to be based on the transaction value at 
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the time of withdrawal from the foreign trade 
zone. 
(3) REQUIREMENTS.—The Secretary of the 
Treasury, in coordination with the Secretary of 
Homeland Security and the Secretary of Commerce, 
shall— 
(A) publish the proposed regulations de-
scribed in paragraph (1) in the Federal Reg-
ister and provide for a 60-day period for public 
review and comment on such regulations; and 
(B) not later than 90 days after the expi-
ration of the 60-day period described in sub-
paragraph (A), submit the proposed regulations 
to Congress for review and consultation by Con-
gress on such regulations. 
(b) FINAL REGULATIONS.—Final regulations to im-
plement this Act and the amendments made by this Act 
may take effect only if a period of not less than 60 days, 
beginning on the first day on which the requirements de-
scribed in subparagraphs (A) and (B) of subsection (a)(3) 
have been met, has expired. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in Act or the amendments made by this Act 
may be construed to affect the administration of section 
484(i) of the Tariff Act of 1930 (19 U.S.C. 1484(i)) or 
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section 15(d) of the Act of June 18, 1934 (commonly 
known as the ‘‘Foreign-Trade Zones Act’’) (19 U.S.C. 
81o(d)). 
Æ 
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