[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 847 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 847
To impose tariff-rate quotas on certain casein and milk protein
concentrates.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2001
Mr. Dayton (for himself, and Mr. Feingold, Mr. Kohl, Mr. Wellstone, and
Mr. Leahy) 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. 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 54,051,000 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, inclusive, and
inserting the following new subheadings with 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 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
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 For industrial Free Free (A*, CA, E, IL, J, Free
uses other MX)
than the
manufacture of
food for
humans or
other animals
or as
ingredients in
such food.....
................. Other:
3501.10.60 Described in Free Free (A*, CA, E, IL, J, 12 cents/kg
general note 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
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)
................. Other:
3501.90.30 For industrial 6% Free (A*, CA, E, IL, J, 30%
uses other MX)
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 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
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
15,818,000 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 subheading 0404.90 through 0404.90.10,
inclusive, 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
0405.10 and the article description 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 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
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.--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 15 days after
the date of enactment of this Act.
SEC. 2. COMPENSATION AUTHORITY.
(a) In General.--If the provisions of section 1 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
existing duty, or such continuance of existing duty-free or
excise treatment, 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 rate of duty to a rate which is
less than 70 percent of the existing rate of duty.
(2) Special rule for certain duty reductions.--If the rate
of duty in effect at any time is an intermediate stage under
section 1102(a) of the Omnibus Trade and Competitiveness Act of
1988, the proclamation made pursuant to subsection (a) may
provide for the reduction of each rate of duty at each such
stage proclaimed under section 1102(a) by not more than 30
percent of such rate of duty, and may provide for a final rate
of duty which is not less than the 70 percent of the rate of
duty proclaimed as the final stage under section 1102(a).
(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 one percent ad valorem.
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