Title: Bulk Infant Formula to Retail Shelves Act
Policy area: Foreign Trade and International Finance

Summary:
Bulk Infant Formula to Retail Shelves Act
This bill provides through December 31, 2022, duty-free treatment to certain infant formula base powder used in the manufacturing of infant formula in the United States, subject to quantity limitations. Infant formula base powder means a dry mixture of protein, fat, and carbohydrates that requires only the addition of vitamins and minerals in order to meet the definition of the term infant formula in the Federal Food, Drug, and Cosmetic Act.
During this time period, articles of infant formula base powder shall not be subject to any additional safeguard duties that may be imposed under subchapter IV of chapter 99 of the Harmonized Tariff Schedule.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8982 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8982

To amend the Harmonized Tariff Schedule of the United States to suspend 
  temporarily rates of duty on imports of certain infant formula base 
   powder used in the manufacturing of infant formula in the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2022

 Ms. DelBene (for herself, Mr. Blumenauer, Mr. Larson of Connecticut, 
  Mr. Smith of Nebraska, Mr. Kildee, Mr. Ferguson, Mr. Higgins of New 
 York, Mr. Panetta, Ms. Chu, Ms. Sewell, Mr. Kilmer, Ms. Plaskett, Ms. 
     Moore of Wisconsin, Mr. Suozzi, Mr. Gottheimer, Mr. Larsen of 
  Washington, Mr. Schneider, Ms. Williams of Georgia, Mrs. Axne, Mrs. 
Murphy of Florida, Mr. Peters, Mr. Wenstrup, Mr. Carbajal, Mr. Pappas, 
  Mr. Trone, and Mr. Casten) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To amend the Harmonized Tariff Schedule of the United States to suspend 
  temporarily rates of duty on imports of certain infant formula base 
   powder used in the manufacturing of infant formula in the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bulk Infant Formula to Retail 
Shelves Act''.

SEC. 2. TEMPORARY DUTY SUSPENSIONS FOR INFANT FORMULA BASE POWDER.

    (a) In General.--Subchapter III of chapter 99 of the Harmonized 
Tariff Schedule of the United States (in the section referred to as the 
``HTS'') is amended by inserting the following new subheading in 
numerical sequence:


``        .................  Infant formula base    ..............  ..................  .................
                              powder to be used in
                              manufacturing infant
                              formula in the
                              United States,
                              exported on or
                              before November 14,
                              2022, by a party
                              that has been
                              determined by the
                              Food and Drug
                              Administration to be
                              authorized to
                              lawfully market
                              infant formula in
                              the United States or
                              has received a
                              letter of
                              enforcement
                              discretion from the
                              Food and Drug
                              Administration
                              relating to the
                              marketing of its
                              infant formula in
                              the United States:
          9903.19.23           Provided for in      Free            No change           No change           ''.
                                subheading
                                1901.90.62........

    (b) Definition and Applicability.--The U.S. Notes to subchapter III 
of chapter 99 of the HTS are amended by adding at the end following:
            ``21.(a) For purposes of subheading 9903.19.23, the term 
        `infant formula base powder' means a dry mixture of protein, 
        fat, and carbohydrates that requires only the addition of 
        vitamins and minerals in order to meet the definition of the 
        term `infant formula' in section 201(z) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 321(z)).
            ``(b) The necessary proof that an import is a qualifying 
        infant formula base powder under subheading 9903.19.23 shall be 
        established by a written notice from the Food and Drug 
        Administration that the base powder shipment qualifies for 
        importation under such subheading.
            ``(c) The duty-free treatment of infant formula base powder 
        set forth in subheading 9903.19.23 shall apply only with 
        respect to the importation of an aggregate quantity not 
        exceeding 2,600 metric tons of such infant formula base 
        powder.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply with respect to goods entered, or withdrawn from warehouse 
for consumption, during the period beginning on the third day after the 
date of enactment of this Act and ending at the close of December 31, 
2022.
    (d) Waiver of Other Duties or Safeguards.-- Notwithstanding any 
other provision of law, during the period described in subsection (c), 
articles of infant formula base powder that are classifiable under 
subheading 9903.19.23 of the HTS, as added by the amendment made by 
subsection (a), shall not be subject to any additional safeguard duties 
that may be imposed under subchapter IV of chapter 99 of the HTS.
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