II 117th CONGRESS 2d Session S. 5161 IN THE SENATE OF THE UNITED STATES December 1, 2022 Mr. Menendez (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for the liquidation or reliquidation of certain entries of products of European Union member states, and for other purposes.

1. Short title This Act maybe cited as the For Accurate Import Relief To Aid Retailers and Importers of Foreign Freights Act of 2022 or the FAIR TARIFF Act of 2022 . 2. Certain entries of products of European Union member states (a) Products entered during the 60-Day period beginning on October 18, 2019 Notwithstanding 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9903.89.37, 9903.89.40, 9903.89.43, 9903.89.46, or 9903.89.49 of the HTS; and (B) that was entered for consumption, or withdrawn from warehouse for consumption, during the 60-day period beginning on October 18, 2019; and (2) refund to the importer of record the amount of additional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 paragraph (1)(A) to the product. (b) Products entered during the 60-Day period beginning on January 12, 2021 Notwithstanding 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subheading 9903.89.57, 9903.89.59, 9903.89.61, or 9903.89.63 of the HTS; and (B) that was entered for consumption, or withdrawn from warehouse for consumption, during the 60-day period beginning on January 12, 2021; and (2) refund to the importer of record the amount of additional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 contains sufficient information to enable U.S. Customs and Border Protection— (1) to either— (A) locate the entry; or (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 unliquidated, any duties, including interest, eligible for a refund under subsection (a) or (b) shall be processed for purposes of liquidation in accordance with sections 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 reliquidation 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 requesting refunds under subsections (a) and (b); and (B) make the process available to the public 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. 3. Advance notice with respect to certain actions 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 Representative may not provide for an effective date of any action described in subparagraph (A) or (B) of section 301(c)(1) with respect to an increase in the duty rate of a good of a foreign country (other than a nonmarket economy country (as that term is defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) by reason of the good being— (A) included on a retaliation list or revised retaliation list under this subsection, or (B) subject to any other action under subparagraph (A) or (B) of such section, that is earlier than the date that is 60 days after notice of the action is published in the Federal Register. . (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 section 301(c)(1) of such Act ( 19 U.S.C. 2411(c)(1) ) that becomes effective on or after the date that is 30 days after the date of the enactment of this Act.