I 
108TH CONGRESS 
1ST SESSION H. R. 1160
To impose tariff-rate quotas on certain casein and milk protein concentrates. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2003
Mr. SHERWOOD (for himself, Mr. OBEY, Mr. WALSH, Mr. SANDERS, Mr. 
MCHUGH, Mr. HOLDEN, Mr. LATOURETTE, Mr. SWEENEY, Ms. BALD-
WIN, Mr. QUINN, Mr. EHLERS, Mr. GOODE, Mr. BROWN of Ohio, Mr. 
SHUSTER, Mr. PETERSON of Pennsylvania, Mr. OLVER, Mr. FILNER, Mr. 
LARSEN of Washington, Mr. HINCHEY, Mr. SANDLIN, Mr. MURTHA, Mr. 
MCNULTY, Mr. OSBORNE, Mr. SIMMONS, Mr. BACA, Mr. BOUCHER, Mr. 
SENSENBRENNER, Mr. BOYD, Mr. PICKERING, Mr. BERRY, Ms. KAPTUR, 
Mr. REHBERG, Mr. GILCHREST, Mr. POMEROY, Mr. DEFAZIO, Mr. 
LOBIONDO, Mrs. CAPITO, Mr. GRIJALVA, Mr. TURNER of Texas, Mr. 
GREENWOOD, Mr. ENGLISH, Mrs. KELLY, Ms. HART, Mr. ROGERS of 
Michigan, Mr. BARTLETT of Maryland, Mr. KLECZKA, Mr. HOUGHTON, 
Ms. DELAURO, Mr. MCGOVERN, Mr. PETRI, Mr. SMITH of Michigan, Mr. 
DOYLE, Mr. KUCINICH, Mr. SIMPSON, Mr. PITTS, and Mrs. EMERSON) 
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. SHORT TITLE. 
This Act may be cited as the ‘‘Milk Import Tariff 
Equity Act’’. 
SEC. 2. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN 
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 and inserting the following new
subheadings, with the article descriptions for sub-
headings 3501.10 and 3501.90 having the same de-
gree of indentation as the article description for sub-
heading 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, JO, 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, JO) 
12¢/kg 
3501.10.20
Other ...........................................
$2.16/kg 
Free (MX) 
$2.81/kg 
Other: 
3501.10.55
Suitable only for industrial uses 
other than the manufacture of 
food for humans or other animals 
or as ingredients in such food .....
Free 
Free 
Other: 
3501.10.60
Described in general note 15 of 
the tariff schedule and entered 
pursuant to its provisions .......
0.37¢/kg 
Free (A*, CA, E, 
IL, J, JO, 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, JO) 
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)
1.5% (JO) 
30%
Other: 
3501.90.30
Suitable only 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)
1.5% (JO) 
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, JO, 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, JO) 
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 subheadings 0404.90 through 0404.90.10 and 
inserting the following new subheadings, with the ar-
ticle description for subheading 0404.90 having the 
same degree of indentation as the article description 
for subheading 0404.10 and with the article descrip-
tions for subheadings 0404.90.05, 0404.90.15, and 
0404.90.20 having the same degree of indentation 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, JO, 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, JO) 
12¢/kg 
0404.90.20
Other ...........................................
$1.56/kg 
Free (MX) 
$2.02/kg 
’’. 
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—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 90 
days after the date of enactment of this Act. 
(2) TRANSITIONAL PROVISIONS.—
(A) CHAPTER
35.—Notwithstanding the 
amendments made by subsection (a)(1)(B) of 
this section, in the case of any calendar year 
that includes the effective date described in 
paragraph (1), the aggregate amount of casein, 
caseinates, milk protein concentrate, and other 
casein derivatives entered under subheadings 
3501.10.15, 3501.10.65, and 3501.90.65 shall 
not exceed an amount equal to 148,085 kilo-
grams multiplied by the number of calendar 
days remaining in such year beginning with 
such effective date. 
(B) CHAPTER
4.—Notwithstanding the 
amendments made by subsection (b)(1)(B) of 
this section, in the case of any calendar year 
that includes the effective date described in
paragraph (1), the aggregate amount of milk 
protein concentrates entered under subheading 
0404.90.15 shall not exceed an amount equal to 
43,337 kilograms multiplied by the number of 
calendar days remaining in such year beginning 
with such effective date. 
SEC. 3. 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 general rate of duty, or such continu-
ance of duty-free or excise treatment, or any quan-
titative limitation, as the President determines to be 
required or appropriate to carry out any such agree-
ment. 
(b) LIMITATIONS.—
(1) IN
GENERAL.—No proclamation shall be 
made pursuant to subsection (a) decreasing any gen-
eral rate of duty to a rate which is less than 70 per-
cent of the existing general rate of duty.
(2) SPECIAL RULE FOR CERTAIN DUTY REDUC-
TIONS.—If the general rate of duty in effect is an 
intermediate stage under an agreement in effect be-
fore August 6, 2002, under section 1102(a) of the 
Omnibus Trade and Competitiveness Act of 1988 or 
under an agreement entered into under section 2103 
(a) or (b) of the Bipartisan Trade Promotion Au-
thority Act of 2002, the proclamation made pursu-
ant to subsection (a) may provide for the reduction 
of each general rate of duty at each such stage by 
not more than 30 percent of such general rate of 
duty, and may provide for a final general rate of 
duty which is not less than 70 percent of the general 
rate of duty proclaimed as the final stage under 
such agreement. 
(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 1 percent ad valorem.
Æ