I 
118TH CONGRESS 
1ST SESSION H. R. 3739 
To provide for the liquidation or reliquidation of certain entries of products 
of European Union member states, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2023 
Mr. WENSTRUP (for himself, Mr. THOMPSON of California, Mr. SMITH of Ne-
braska, Ms. SEWELL, Mrs. MILLER of West Virginia, and Mr. PANETTA) 
introduced the following bill; which was referred to the Committee on 
Ways and Means 
A BILL 
To provide for the liquidation or reliquidation of certain 
entries of products of European Union member states, 
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 ‘‘For Accurate Import 
Relief To Aid Retailers and Importers of Foreign Freights 
Act of 2023’’ or ‘‘FAIR TARIFF Act of 2023’’. 
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SEC. 2. CERTAIN ENTRIES OF PRODUCTS OF EUROPEAN 
UNION MEMBER STATES. 
(a) PRODUCTS ENTERED DURING THE 60-DAY PE-
RIOD BEGINNING
ON OCTOBER 18, 2019.—Notwith-
standing sections 514 and 520 of the Tariff Act of 1930 
(19 U.S.C. 1514 and 1520), or any other provision of law, 
U.S. Customs and Border Protection shall— 
(1) liquidate or reliquidate each entry of a 
product— 
(A) provided for in subheading 9903.89.10, 
9903.89.13, 
9903.89.16, 
9903.89.19, 
9903.89.22, 
9903.89.25, 
9903.89.28, 
9903.89.31, 
9903.89.34, 
9903.89.37, 
9903.89.40, 
9903.89.43, 
9903.89.46, 
or 
9903.89.49 of the HTS; and 
(B) that was entered for consumption, or 
withdrawn from warehouse for consumption, 
during the 60-day period beginning on October 
18, 2019; and 
(2) refund to the importer of record the amount 
of additional duties previously collected on the entry 
of that product by reason of the application of the 
applicable subheading of the HTS described in para-
graph (1)(A) to the product. 
(b) PRODUCTS ENTERED DURING THE 60-DAY PE-
RIOD BEGINNING
ON JANUARY 12, 2022.—Notwith-
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standing sections 514 and 520 of the Tariff Act of 1930 
(19 U.S.C. 1514 and 1520), or any other provision of law, 
U.S. Customs and Border Protection shall— 
(1) liquidate or reliquidate each entry of a 
product— 
(A) provided for in subheading 9903.89.57 
or 9903.89.59 of the HTS; and 
(B) that was entered for consumption, or 
withdrawn from warehouse for consumption, 
during the 60-day period beginning on January 
12, 2022; and 
(2) refund to the importer of record the amount 
of additional duties previously collected on the entry 
of that product by reason of the application of the 
subheading of the HTS described in paragraph 
(1)(A) to the product. 
(c) REQUESTS.—A liquidation or reliquidation may 
be made under subsection (a) or (b) with respect to an 
entry of products only if a request therefor is filed with 
U.S. Customs and Border Protection, not later than 1 
year after the date of the enactment of this Act, that con-
tains sufficient information to enable U.S. Customs and 
Border Protection— 
(1) to either— 
(A) locate the entry; or 
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(B) to reconstruct the entry if it cannot be 
located; and 
(2) to verify the eligibility of the request. 
(d) REFUND OF AMOUNTS OWED.— 
(1) UNLIQUIDATED
ENTRIES.—For an entry 
described in subsection (a) or (b) that is unliqui-
dated, any duties, including interest, eligible for a 
refund under subsection (a) or (b) shall be processed 
for purposes of liquidation in accordance with sec-
tions 504 and 505 of the Tariff Act of 1930 (19 
U.S.C. 1504 and 1505). 
(2) RELIQUIDATED
ENTRIES.—Any amounts 
owed by the United States pursuant to a reliquida-
tion of an entry described in subsection (a) or (b) 
(including interest from the date of entry) shall be 
refunded not later than 180 days after the date of 
the application for refund for the entry is made to 
U.S. Customs and Border Protection. 
(3) REFUND
APPLICATION
PROCESS.—U.S. 
Customs and Border Protection shall— 
(A) develop an application process for re-
questing refunds under subsections (a) and (b); 
and 
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(B) make the process available to the pub-
lic not later than 90 days after the date of the 
enactment of this Act. 
(e) HTS DEFINED.—In this section, the term 
‘‘HTS’’ means the Harmonized Tariff Schedule of the 
United States. 
SEC. 3. ADVANCE NOTICE WITH RESPECT TO CERTAIN AC-
TIONS UNDER SECTION 301 OF THE TRADE 
ACT OF 1974. 
(a) IN GENERAL.—Section 306(b) of the Trade Act 
of 1974 (19 U.S.C. 2416(b)) is amended by adding at the 
end the following: 
‘‘(3) ADVANCE NOTICE.—The Trade Represent-
ative may not provide for an effective date of any ac-
tion described in subparagraph (A) or (B) of section 
301(c)(1) with respect to— 
‘‘(A) an increase in the tariff rate of a 
good of a foreign country (other than a non-
market economy country (as that term is de-
fined in section 771(18) of the Tariff Act of 
1930 (19 U.S.C. 1677(18)))) by reason of the 
good being included on a retaliation list or re-
vised retaliation list under this subsection, or 
‘‘(B) an increase in the tariff rate of a 
good of a foreign country (other than a non-
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market economy country (as that term is de-
fined in section 771(18) of the Tariff Act of 
1930 (19 U.S.C. 1677(18)))) by reason of the 
good being subject to any other action under 
subparagraph (A) or (B) of such section, 
that is earlier than the date that is 60 days after no-
tice of the action is published in the Federal Reg-
ister.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a)— 
(1) takes effect on the date of the enactment of 
this Act; and 
(2) applies with respect to— 
(A) any good included on a retaliation list 
under section 306(b) of the Trade Act of 1974 
(19 U.S.C. 2416(b)) that is published in the 
Federal Register on or after the date that is 30 
days after the date of the enactment of this 
Act; and 
(B) any good that is subject to any other 
action under subparagraph (A) or (B) of sec-
tion 301(c)(1) of such Act (19 U.S.C. 
2411(c)(1)) that becomes effective on or after 
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the date that is 30 days after the date of the 
enactment of this Act. 
Æ 
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