Milk Import Tariff Equity Act - Amends the Harmonized Tariff Schedule of the United States to impose tariff-rate quotas (quantitative import limits) and provide various duty rates on certain casein, caseinates, milk protein concentrate, and other casein derivatives and glues imported into the United States (except imports from Mexico).
Authorizes the President to: (1) enter into a trade agreement with a foreign country to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim any necessary modification or continuance of any existing duty, or continuance of existing duty-free or excise treatment, or any quantitative limitation. Sets forth certain limits on the reduction of duties on such products.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1417 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1417
To impose tariff-rate quotas on certain casein and milk protein
concentrates.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2005
Mr. Craig (for himself, Mrs. Clinton, Mr. Dayton, Mr. Domenici, Mr.
Johnson, and Mr. Specter) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To impose tariff-rate quotas on certain casein and milk protein
concentrates.
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 ``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 55,477,000 kilograms. Articles the product of Mexico shall not
be permitted or included under this quantitative limitation 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
subheadings 3501.10 and 3501.90 having the same degree of
indentation as the article description for subheading
3502.20.00:
`` 3501.10 Casein:
................. Milk protein
concentrate:
3501.10.05 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
general note JO, MX)
15 of the
tariff
schedule and
entered
pursuant to
its provisions
3501.10.15 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
additional JO)
U.S. note 2 to
this chapter
and entered
according to
its provisions
3501.10.20 Other.......... $2.16/kg Free (MX) $2.81/kg
................. Other:
3501.10.55 Suitable only Free ....................... Free
for industrial
uses other
than the
manufacture of
food for
humans or
other animals
or as
ingredients in
such food.....
................. Other:
3501.10.60 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
general note JO, MX)
15 of the
tariff
schedule and
entered
pursuant to
its
provisions...
3501.10.65 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
additional JO)
U.S. note 2
to this
chapter and
entered
according to
its
provisions...
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, 30%
MX) 1.5% (JO)
................. Other:
3501.90.30 Suitable only 6% Free (A*, CA, E, IL, J, 30%
for industrial MX) 1.5% (JO)
uses other
than the
manufacture of
food for
humans or
other animals
or as
ingredients in
such food.....
................. Other:
3501.90.55 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12.1 cents/kg
general note JO, MX)
15 of the
tariff
schedule and
entered
pursuant to
its
provisions...
3501.90.65 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12.1 cents/kg
additional JO)
U.S. note 2
to this
chapter and
entered
according to
its
provisions...
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 concentrates entered
under subheading 0404.90.15 in any calendar year shall not exceed
18,488,000 kilograms. Articles the product of Mexico shall not be
permitted or included under this quantitative limitation and no such
article shall be classifiable therein.''.
(2) Rates for certain milk protein concentrates.--Chapter 4
of the Harmonized Tariff Schedule of the United States is
amended by striking subheadings 0404.90 through 0404.90.10 and
inserting the following new subheadings, with the article
description for subheading 0404.90 having the same degree of
indentation as the article description for subheading 0404.10
and with the article descriptions 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 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
general note JO, MX)
15 of the
tariff
schedule and
entered
pursuant to
its provisions
0404.90.15 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
additional JO)
U.S. note 27
to this
chapter and
entered
pursuant to
its provisions
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 151,992 kilograms 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 50,652
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 2 require, 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 mutually advantageous concessions; and
(2) may proclaim such modification or continuance of any
general rate of duty, or such continuance of duty-free or
excise treatment, or any quantitative limitation, as the
President determines to be required or appropriate to carry out
any such agreement.
(b) Limitations.--
(1) In general.--No proclamation shall be made pursuant to
subsection (a) decreasing any general rate of duty to a rate
which is less than 70 percent of the existing general rate of
duty.
(2) Special rule for certain duty reductions.--If the
general rate of duty in effect is an intermediate stage under
an agreement in effect before 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 Authority Act of 2002, the
proclamation made pursuant 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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