[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9083 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 9083
To provide for the liquidation or reliquidation of certain entries of
products of European Union member states, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2022
Mr. Thompson of California (for himself, Mr. Wenstrup, Ms. Sewell, Mr.
Smith of Nebraska, Mr. Evans, and Mrs. Miller of West Virginia)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To provide for the liquidation or reliquidation of certain entries of
products of European Union member states, and for other purposes.
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 ``For Accurate Import Relief To Aid
Retailers and Importers of Foreign Freights Act of 2022'' or ``FAIR
TARIFF Act of 2022''.
SEC. 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(B) that was entered for consumption, or withdrawn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.
SEC. 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--
``(A) an increase in the tariff 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 included on a retaliation list or
revised retaliation list under this subsection, or
``(B) an increase in the tariff 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 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.
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