[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8059 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8059
To eliminate the incentive to distribute e-commerce shipments from
foreign countries by providing parity to United States foreign-trade
zones, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 17, 2024
Mr. Wenstrup (for himself, Mr. Correa, Mrs. Miller of West Virginia,
Mr. Gallego, Mr. Fitzpatrick, and Mr. Carey) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To eliminate the incentive to distribute e-commerce shipments from
foreign countries by providing parity to United States foreign-trade
zones, 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 ``U.S. Foreign Trade Zone Parity Act
of 2024''.
SEC. 2. CUSTOMS ENTRY PROCEDURES FOR ARTICLES WITHDRAWN FROM A FOREIGN-
TRADE ZONE.
(a) In General.--Section 321 of the Tariff Act of 1930 (19 U.S.C.
1321) is amended--
(1) in subsection (a)(2), in the matter preceding
subparagraph (A)--
(A) by inserting ``or withdrawal from a foreign
trade zone and subsequent entry for consumption'' after
``by reason of importation'';
(B) by inserting ``or in a foreign-trade zone''
after ``in the country of shipment'';
(C) by inserting ``, or if withdrawn from a
foreign-trade zone on one invoice or order for one
ultimate consignee on one day,'' after ``one person on
one day''; and
(D) by striking ``subdivision (2)'' each place it
appears and inserting ``paragraph (2)''; and
(2) by adding at the end the following:
``(c) In this section, the term `foreign-trade zone' means a zone
established pursuant to the Act of June 18, 1934 (commonly known as the
`Foreign-Trade Zones Act') (19 U.S.C. 81a et seq.).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to articles entered on or after the 30th day after the date on
which final regulations to implement this Act and the amendments made
by this Act take effect in accordance with section 4(b).
SEC. 3. TREATMENT OF E-COMMERCE UNDER FOREIGN-TRADE ZONES ACT.
(a) In General.--Section 15(d) of the Act of June 18, 1934
(commonly known as the ``Foreign-Trade Zones Act'') (19 U.S.C. 81o(d))
is amended--
(1) by inserting ``(1)'' after ``(d)''; and
(2) by adding at the end the following:
``(2)(A) In this subsection, the term `retail trade' does not
include any electronic commerce transaction in which articles with a
fair retail value in the country of shipment or in a foreign-trade zone
of less than the amount specified in section 321(a)(2)(C) of the Tariff
Act of 1930 (19 U.S.C. 1321(a)(2)(C)) are withdrawn from a zone.
``(B) For purposes of subparagraph (A), the term `electronic
commerce' means the production, distribution, marketing, sale, or
delivery of goods and services by electronic means.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date on which the final regulations to implement
this Act and the amendments made by this Act take effect in accordance
with section 4(b).
SEC. 4. PROPOSED AND FINAL REGULATIONS.
(a) Proposed Regulations.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
coordination with the Secretary of Homeland Security and the
Secretary of Commerce, shall prescribe proposed regulations to
implement this Act and the amendments made by this Act in
accordance with the requirements described in this section.
(2) Matters to be included.--The regulations described in
paragraph (1) shall, at minimum--
(A) use a distinct valuation method under section
146.65(b)(2) of title 19, Code of Federal Regulations,
for calculation of dutiable value of entries made under
section 321(a)(2) of the Tariff Act of 1930 (19 U.S.C.
1321(a)(2)), as amended by section 2(a)(1), from the
foreign trade zone; and
(B) require such calculation of dutiable value to
be based on the transaction value at the time of
withdrawal from the foreign trade zone.
(3) Requirements.--The Secretary of the Treasury, in
coordination with the Secretary of Homeland Security and the
Secretary of Commerce, shall--
(A) publish the proposed regulations described in
paragraph (1) in the Federal Register and provide for a
60-day period for public review and comment on such
regulations; and
(B) not later than 90 days after the expiration of
the 60-day period described in subparagraph (A), submit
the proposed regulations to Congress for review and
consultation by Congress on such regulations.
(b) Final Regulations.--Final regulations to implement this Act and
the amendments made by this Act may take effect only if a period of not
less than 60 days, beginning on the first day on which the requirements
described in subparagraphs (A) and (B) of subsection (a)(3) have been
met, has expired.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in Act or the amendments made by this Act may be construed
to affect the administration of section 484(i) of the Tariff Act of
1930 (19 U.S.C. 1484(i)) or section 15(d) of the Act of June 18, 1934
(commonly known as the ``Foreign-Trade Zones Act'') (19 U.S.C. 81o(d)).
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