Bulk Infant Formula to Retail Shelves Act

[117th Congress Public Law 192]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2209]]

Public Law 117-192
117th Congress

                                 An Act


 
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. <<NOTE: Oct. 10, 2022 -  [H.R. 8982]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Bulk Infant 
Formula to Retail Shelves Act.>> 
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) <<NOTE: Notice.>>  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

[[Page 136 STAT. 2210]]

        Administration that the base powder shipment qualifies for 
        importation under such subheading.
            ``(c) <<NOTE: Applicability.>>  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) <<NOTE: Applicability. Time period.>>  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.

    Approved October 10, 2022.

LEGISLATIVE HISTORY--H.R. 8982:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            Sept. 29, considered and passed House and Senate.

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