Non-Discrimination of Israel in Labeling Act

Non-Discrimination of Israel in Labeling Act

This bill requires that, for purposes of marking imported articles and containers under the Tariff Act of 1930, every article of origin from the geographical area known as the West Bank (or its container) imported into the United States shall include the words:

• "West Bank" in the case of an article of an area in the West Bank not administered by Israel; and
• "Israel," "Made in Israel," or "Product of Israel" in the case of an article of an area in the West Bank administered by Israel.

Every article of origin from the geographical area known as the Gaza Strip (or its container) imported into the United States shall include the words "Gaza" or "Gaza Strip."

Neither the Department of the Treasury nor any other federal department or agency may prohibit the use of any of such markings for purposes of satisfying the Tariff Act of 1930.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4555 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 4555

To clarify the application of section 304 of the Tariff Act of 1930 as 
 it relates to articles from areas of the West Bank and Gaza that are 
                      not administered by Israel.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2016

  Mr. Lamborn (for himself, Ms. McSally, Mr. DeSantis, Mr. Franks of 
Arizona, Mr. Fitzpatrick, Mr. Rouzer, Mr. Costello of Pennsylvania, Mr. 
Zeldin, Mrs. Black, Mr. Ross, Mr. Walker, and Mr. Cook) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
To clarify the application of section 304 of the Tariff Act of 1930 as 
 it relates to articles from areas of the West Bank and Gaza that are 
                      not administered by Israel.

    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 ``Non-Discrimination of Israel in 
Labeling Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Prior to the issuance of Trade Directive (T.D.) 95-25 
        and T.D. 97-16, the Customs Service had taken the position 
        that, in order for the country of origin marking of a good 
        which was produced in the West Bank or Gaza Strip to be 
        considered acceptable, the word ``Israel'' must appear in the 
        marking designation.
            (2) The Department of State advised the Department of 
        Treasury that, in view of certain developments, principally the 
        Israeli-PLO Declaration of Principles on Interim Self-
        Government Arrangements (signed on September 13, 1993), also 
        known as the Oslo Accords, the primary purpose of section 304 
        of the Tariff Act of 1930 (19 U.S.C. 1304) would be best served 
        if goods produced in the West Bank and Gaza Strip under the 
        Palestinian interim self-government were permitted to be marked 
        ``West Bank'' or ``Gaza Strip''.
            (3) The Oslo Accords created a new self-rule entity, an 
        interim self-governing Palestinian council, granting it the 
        authority to independently conduct its affairs, including 
        financial matters such as import and export.
            (4) On March 17, 1995, President Clinton signed 
        Presidential Proclamation 6788 designating the West Bank and 
        Gaza Strip as a beneficiary of the generalized system of 
        preferences program.
            (5) The United States Customs Border Protection Cargo 
        Systems Messaging Service guidance dated March 28, 1995, 
        stated: ``The extension of the generalized system of 
        preferences program to the West Bank and Gaza Strip pursuant to 
        this Presidential Proclamation applies only to goods produced 
        in the areas for which arrangements are being established for 
        Palestinian interim self-government, as set forth in Articles 
        I, III, and IV of the Declaration of Principles on Interim 
        Self-Government arrangements.''.
            (6) The March 28, 1995, guidance further articulated 
        Articles IV and V of the Declaration of Principles on Interim 
        Self-Government arrangements, stating: ``It is understood that: 
        Jurisdiction of the Council will cover West Bank and Gaza Strip 
        territory, except for issues that will be negotiated in the 
        permanent status negotiations: Jerusalem, settlements, military 
        location, and Israelis.''.
            (7) It is the longstanding policy of the United States to 
        oppose any effort to delegitimize Israel.
            (8) The first free trade agreement by the United States was 
        between the United States and Israel, effective September 1, 
        1985.
            (9) The United States-Israel Strategic Partnership is a 
        vital asset to United States national, economic, and security 
        interests and any boycott, or sanctions effort, or policy that 
        serves to delegitimize or discriminate against Israel will 
        ultimately harm United States economic interests.

SEC. 3. ADDITIONAL MARKINGS OF IMPORTED ARTICLES AND CONTAINERS FROM 
              THE WEST BANK AND GAZA STRIP.

    (a) Articles of West Bank.--For purposes of section 304 of the 
Tariff Act of 1930 (19 U.S.C. 1304), every article of origin of the 
geographical area known as the West Bank (or the container of any such 
article) imported into the United States shall be marked in accordance 
with the requirements of such section, which--
            (1) in the case of an article of an area not administered 
        by Israel in the West Bank, shall include the words ``West 
        Bank''; and
            (2) in the case of an article of an area administered by 
        Israel in the West Bank, shall include the words ``Israel'', 
        ``Made in Israel'', or ``Product of Israel''.
    (b) Articles of Gaza Strip.--For purposes of section 304 of the 
Tariff Act of 1930 (19 U.S.C. 1304), every article of origin of the 
geographical area known as the Gaza Strip (or the container of any such 
article) imported into the United States shall be marked in accordance 
with the requirements of such section, and shall include the words 
``Gaza'' or ``Gaza Strip''.
    (c) Additional Requirement.--The Secretary of the Treasury or any 
other competent Federal official (or the official's designee) may not 
prohibit the use of any of the markings specified in subsections (a) 
and (b) for purposes of satisfying the applicable requirements under 
section 304 of the Tariff Act of 1930 with respect to articles of the 
West Bank or the Gaza Strip.
    (d) Effective Date.--This section shall take effect on the date of 
the enactment of this Act and shall apply with respect to articles 
imported into the United States on or after such date of enactment.
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