Text: H.R.4923 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-159 (05/20/2016)

 
[114th Congress Public Law 159]
[From the U.S. Government Publishing Office]



[[Page 395]]

           AMERICAN MANUFACTURING COMPETITIVENESS ACT OF 2016

[[Page 130 STAT. 396]]

Public Law 114-159
114th Congress

                                 An Act


 
To establish a process for the submission and consideration of petitions 
      for temporary duty suspensions and reductions, and for other 
            purposes. <<NOTE: May 20, 2016 -  [H.R. 4923]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: American 
Manufacturing Competitiveness Act of 2016.>> 
SECTION 1. <<NOTE: 19 USC 1332 note.>> SHORT TITLE.

    This Act may be cited as the ``American Manufacturing 
Competitiveness Act of 2016''.
SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF 
                    BILL.

    (a) Findings.--Congress makes the following findings:
            (1) As of the date of the enactment of this Act, the 
        Harmonized Tariff Schedule of the United States imposes duties 
        on imported goods for which there is no domestic availability or 
        insufficient domestic availability.
            (2) The imposition of duties on such goods creates 
        artificial distortions in the economy of the United States that 
        negatively affect United States manufacturers and consumers.
            (3) The manufacturing competitiveness of the United States 
        around the world will be enhanced if Congress regularly and 
        predictably updates the Harmonized Tariff Schedule to suspend or 
        reduce duties on such goods.
            (4) Creating and maintaining an open and transparent process 
        for consideration of petitions for duty suspensions and 
        reductions builds confidence that the process is fair, open to 
        all, and free of abuse.
            (5) Complying with the Rules of the House of Representatives 
        and the Senate, in particular with clause 9 of rule XXI of the 
        Rules of the House of Representatives and rule XLIV of the 
        Standing Rules of the Senate, is essential to fostering and 
        maintaining confidence in the process for considering a 
        miscellaneous tariff bill.
            (6) A miscellaneous tariff bill developed under this process 
        will not contain any--
                    (A) congressional earmarks or limited tax benefits 
                within the meaning of clause 9 of rule XXI of the Rules 
                of the House of Representatives; or
                    (B) congressionally directed spending items or 
                limited tax benefits within the meaning of rule XLIV of 
                the Standing Rules of the Senate.
            (7) Because any limited tariff benefits contained in any 
        miscellaneous tariff bill following the process set forth by 
        this Act will not have been the subject of legislation 
        introduced

[[Page 130 STAT. 397]]

        by an individual Member of Congress and will be fully vetted 
        through a transparent and fair process free of abuse, it is 
        appropriate for Congress to consider limited tariff benefits as 
        part of that miscellaneous tariff bill as long as--
                    (A) in the case of a miscellaneous tariff bill 
                considered in the House of Representatives, consistent 
                with the Rules of the House of Representatives, a list 
                of such limited tariff benefits is published in the 
                reports of the Committee on Ways and Means of the House 
                of Representatives accompanying the miscellaneous tariff 
                bill, or in the Congressional Record; and
                    (B) in the case of a miscellaneous tariff bill 
                considered in the Senate, consistent with the Standing 
                Rules of the Senate--
                          (i) such limited tariff benefits have been 
                      identified through lists, charts, or other similar 
                      means; and
                          (ii) the information identified in clause (i) 
                      has been available on a publicly accessible 
                      congressional website in a searchable format at 
                      least 48 hours before the vote on the motion to 
                      proceed to the miscellaneous tariff bill or the 
                      vote on the adoption of a report of a committee of 
                      conference in connection with the miscellaneous 
                      tariff bill, as the case may be.
            (8) When the process set forth under paragraph (7) is 
        followed, it is consistent with the letter and intent of the 
        Rules of the House of Representatives and the Senate and other 
        related guidance.

    (b) Sense of Congress.--It is the sense of Congress that, to remove 
the competitive disadvantage to United States manufacturers and 
consumers and to promote the competitiveness of United States 
manufacturers, Congress should, not later than 90 days after the United 
States International Trade Commission issues a final report on petitions 
for duty suspensions and reductions under section 3(b)(3)(E), consider a 
miscellaneous tariff bill.
SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY 
                    SUSPENSIONS AND REDUCTIONS.

    (a) Purpose.--It is the purpose of this section to establish a 
process for the submission and consideration of petitions for duty 
suspensions and reductions.
    (b) Requirements of Commission.--
            (1) <<NOTE: Deadline. Federal Register, publication. Web 
        posting. Public information. Notice. Time period. Effective 
        date.>>  Initiation.--Not later than October 15, 2016, and 
        October 15, 2019, the Commission shall publish in the Federal 
        Register and on a publicly available Internet website of the 
        Commission a notice requesting members of the public who can 
        demonstrate that they are likely beneficiaries of duty 
        suspensions or reductions to submit to the Commission during the 
        60-day period beginning on the date of such publication--
                    (A) petitions for duty suspensions and reductions; 
                and
                    (B) Commission disclosure forms with respect to such 
                duty suspensions and reductions.
            (2) Content of petitions.--Each petition for a duty 
        suspension or reduction under paragraph (1)(A) shall include the 
        following information:
                    (A) The name and address of the petitioner.

[[Page 130 STAT. 398]]

                    (B) A statement as to whether the petition provides 
                for an extension of an existing duty suspension or 
                reduction or provides for a new duty suspension or 
                reduction.
                    (C) <<NOTE: Certification.>>  A certification that 
                the petitioner is a likely beneficiary of the proposed 
                duty suspension or reduction.
                    (D) An article description for the proposed duty 
                suspension or reduction to be included in the amendment 
                to subchapter II of chapter 99 of the Harmonized Tariff 
                Schedule of the United States.
                    (E) To the extent available--
                          (i) a classification of the article for 
                      purposes of the amendment to subchapter II of 
                      chapter 99 of the Harmonized Tariff Schedule of 
                      the United States;
                          (ii) a classification ruling of U.S. Customs 
                      and Border Protection with respect to the article; 
                      and
                          (iii) <<NOTE: Records.>>  a copy of a U.S. 
                      Customs and Border Protection entry summary 
                      indicating where the article is classified in the 
                      Harmonized Tariff Schedule of the United States.
                    (F) A brief and general description of the article.
                    (G) A brief description of the industry in the 
                United States that uses the article.
                    (H) <<NOTE: Estimate. Time period.>>  An estimate of 
                the total value, in United States dollars, of imports of 
                the article for each of the 5 calendar years after the 
                calendar year in which the petition is filed, including 
                an estimate of the total value of such imports by the 
                person who submits the petition and by any other 
                importers, if available.
                    (I) The name of each person that imports the 
                article, if available.
                    (J) A description of any domestic production of the 
                article, if available.
                    (K) Such other information as the Commission may 
                require.
            (3) Review.--
                    (A) <<NOTE: Deadline. Web posting.>>  Commission 
                publication and public availability.--As soon as 
                practicable after the expiration of the 60-day period 
                specified in paragraph (1), but in any case not later 
                than 30 days after the expiration of such 60-day period, 
                the Commission shall publish on a publicly available 
                Internet website of the Commission--
                          (i) the petitions for duty suspensions and 
                      reductions submitted under paragraph (1)(A) that 
                      contain the information required under paragraph 
                      (2); and
                          (ii) the Commission disclosure forms with 
                      respect to such duty suspensions and reductions 
                      submitted under paragraph (1)(B).
                    (B) Public comment.--
                          (i) <<NOTE: Federal Register, 
                      publication. Public information. Web 
                      posting. Notice. Time period. Effective date.>>  
                      In general.--The Commission shall publish in the 
                      Federal Register and on a publicly available 
                      Internet website of the Commission a notice 
                      requesting members of the public to submit to the 
                      Commission during the 45-day period beginning on 
                      the date of publication described in subparagraph 
                      (A) comments on--

[[Page 130 STAT. 399]]

                                    (I) the petitions for duty 
                                suspensions and reductions published by 
                                the Commission under subparagraph 
                                (A)(i); and
                                    (II) the Commission disclosure forms 
                                with respect to such duty suspensions 
                                and reductions published by the 
                                Commission under subparagraph (A)(ii).
                          (ii) <<NOTE: Notice. Federal Register, 
                      publication. Public information. Web posting.>>  
                      Publication of comments.--The Commission shall 
                      publish a notice in the Federal Register directing 
                      members of the public to a publicly available 
                      Internet website of the Commission to view the 
                      comments of the members of the public received 
                      under clause (i).
                    (C) Preliminary report.--
                          (i) In general.--As soon as practicable after 
                      the expiration of the 120-day period beginning on 
                      the date of publication described in subparagraph 
                      (A), but in any case not later than 30 days after 
                      the expiration of such 120-day period, the 
                      Commission shall submit to the appropriate 
                      congressional committees a preliminary report on 
                      the petitions for duty suspensions and reductions 
                      submitted under paragraph (1)(A). The preliminary 
                      report shall contain the following information 
                      with respect to each petition for a duty 
                      suspension or reduction:
                                    (I) The heading or subheading of the 
                                Harmonized Tariff Schedule of the United 
                                States in which each article that is the 
                                subject of the petition for the duty 
                                suspension or reduction is classified, 
                                as identified by documentation supplied 
                                to the Commission, and any supporting 
                                information obtained by the Commission.
                                    (II) <<NOTE: Determination.>>  A 
                                determination of whether or not domestic 
                                production of the article that is the 
                                subject of the petition for the duty 
                                suspension or reduction exists, taking 
                                into account the report of the Secretary 
                                of Commerce under subsection (c)(1), 
                                and, if such production exists, whether 
                                or not a domestic producer of the 
                                article objects to the duty suspension 
                                or reduction.
                                    (III) Any technical changes to the 
                                article description of the article that 
                                is the subject of the petition for the 
                                duty suspension or reduction that are 
                                necessary for purposes of administration 
                                when the article is presented for 
                                importation, taking into account the 
                                report of the Secretary of Commerce 
                                under subsection (c)(2).
                                    (IV) <<NOTE: Estimate.>>  An 
                                estimate of the amount of loss in 
                                revenue to the United States that would 
                                no longer be collected if the duty 
                                suspension or reduction takes effect.
                                     <<NOTE: Determination.>> (V) A 
                                determination of whether or not the duty 
                                suspension or reduction is available to 
                                any person that imports the article that 
                                is the subject of the duty suspension or 
                                reduction.
                                    (VI) The likely beneficiaries of 
                                each duty suspension or reduction, 
                                including whether the petitioner is a 
                                likely beneficiary.

[[Page 130 STAT. 400]]

                          (ii) <<NOTE: Lists. Recommenda- tions.>>  
                      Categories of information.--The preliminary report 
                      submitted under clause (i) shall also contain the 
                      following information:
                                    (I) A list of petitions for duty 
                                suspensions and reductions that meet the 
                                requirements of this Act without 
                                modifications.
                                    (II) A list of petitions for duty 
                                suspensions and reductions for which the 
                                Commission recommends technical 
                                corrections in order to meet the 
                                requirements of this Act, with the 
                                correction specified.
                                    (III) A list of petitions for duty 
                                suspensions and reductions for which the 
                                Commission recommends modifications to 
                                the amount of the duty suspension or 
                                reduction that is the subject of the 
                                petition to comply with the requirements 
                                of this Act, with the modification 
                                specified.
                                    (IV) A list of petitions for duty 
                                suspensions and reductions for which the 
                                Commission recommends modifications to 
                                the scope of the articles that are the 
                                subject of such petitions to address 
                                objections by domestic producers to such 
                                petitions, with the modifications 
                                specified.
                                    (V) A list of the following:
                                            (aa) Petitions for duty 
                                        suspensions and reductions that 
                                        the Commission has determined do 
                                        not contain the information 
                                        required under paragraph (2).
                                            (bb) Petitions for duty 
                                        suspensions and reductions with 
                                        respect to which the Commission 
                                        has determined the petitioner is 
                                        not a likely beneficiary.
                                    (VI) A list of petitions for duty 
                                suspensions and reductions that the 
                                Commission does not recommend for 
                                inclusion in a miscellaneous tariff 
                                bill, other than petitions specified in 
                                subclause (V).
                    (D) Additional information.--The Commission shall 
                consider any information submitted by the appropriate 
                congressional committees to the Commission relating to 
                moving a petition that is contained in the list referred 
                to in subclause (VI) of subparagraph (C)(ii) of the 
                preliminary report submitted under subparagraph (C) to a 
                list referred to in subclause (I), (II), (III), or (IV) 
                of subparagraph (C)(ii).
                    (E) Final report.--Not later than 60 days after the 
                date on which the preliminary report is submitted under 
                subparagraph (C), the Commission shall submit to the 
                appropriate congressional committees a final report on 
                each petition for a duty suspension or reduction 
                specified in the preliminary report. The final report 
                shall contain with respect to each such petition--
                          (i) the information required under clauses (i) 
                      and (ii) of subparagraph (C) and updated as 
                      appropriate under subparagraph (D); and
                          (ii) <<NOTE: Determination.>>  a determination 
                      of the Commission whether--

[[Page 130 STAT. 401]]

                                    (I) the duty suspension or reduction 
                                can likely be administered by U.S. 
                                Customs and Border Protection;
                                    (II) <<NOTE: Estimate.>>  the 
                                estimated loss in revenue to the United 
                                States from the duty suspension or 
                                reduction does not exceed $500,000 in a 
                                calendar year during which the duty 
                                suspension or reduction would be in 
                                effect; and
                                    (III) the duty suspension or 
                                reduction is available to any person 
                                importing the article that is the 
                                subject of the duty suspension or 
                                reduction.
                    (F) Exclusions.--The appropriate congressional 
                committees may exclude from a miscellaneous tariff bill 
                any petition for a duty suspension or reduction that--
                          (i) is contained in any list referred to in 
                      subclause (I), (II), (III), or (IV) of 
                      subparagraph (C)(ii), as updated as appropriate 
                      under subparagraph (E)(i);
                          (ii) is the subject of an objection from a 
                      Member of Congress; or
                          (iii) is for an article for which there is 
                      domestic production.
                    (G) Estimates by the congressional budget office.--
                For purposes of reflecting the estimate of the 
                Congressional Budget Office, the appropriate 
                congressional committees shall adjust the amount of a 
                duty suspension or reduction in a miscellaneous tariff 
                bill only to assure that the estimated loss in revenue 
                to the United States from that duty suspension or 
                reduction, as estimated by the Congressional Budget 
                Office, does not exceed $500,000 in a calendar year 
                during which the duty suspension or reduction would be 
                in effect.
                    (H) Prohibitions.--Any petitions for duty 
                suspensions or reductions that are contained in any list 
                referred to in subclause (V) or (VI) of subparagraph 
                (C)(ii), as updated as appropriate under subparagraph 
                (E)(i), or have not otherwise undergone the processes 
                required by this Act shall not be included in a 
                miscellaneous tariff bill.
            (4) <<NOTE: Procedures. Applicability.>>  Confidential 
        business information.--The procedures concerning the release of 
        confidential business information set forth in section 332(g) of 
        the Tariff Act of 1930 (19 U.S.C. 1332(g)) shall apply with 
        respect to information received by the Commission in posting 
        petitions on a publicly available website of the Commission and 
        in preparing reports under this subsection.
            (5) <<NOTE: Federal Register, publication. Public 
        information. Web posting. Time period. Effective date.>>  
        Procedures.--The Commission shall prescribe and publish in the 
        Federal Register and on a publicly available Internet website of 
        the Commission procedures to be complied with by members of the 
        public submitting petitions for duty suspensions and reductions 
        under subsection (b)(1)(A).

    (c) Department of Commerce Report.--Not later than the end of the 
90-day period beginning on the date of publication of the petitions for 
duty suspensions and reductions under subsection (b)(3)(A), the 
Secretary of Commerce, in consultation with U.S. Customs and Border 
Protection and other relevant Federal agencies, shall submit to the 
Commission and the appropriate congressional committees a report on each 
petition for a duty

[[Page 130 STAT. 402]]

suspension or reduction submitted under subsection (b)(1)(A) that 
includes the following information:
            (1) <<NOTE: Determination.>>  A determination of whether or 
        not domestic production of the article that is the subject of 
        the petition for the duty suspension or reduction exists and, if 
        such production exists, whether or not a domestic producer of 
        the article objects to the petition for the duty suspension or 
        reduction.
            (2) Any technical changes to the article description that 
        are necessary for purposes of administration when articles are 
        presented for importation.
SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON 
                    UNITED STATES ECONOMY.

    (a) In General.--Not later than 12 months after the date of the 
enactment of a miscellaneous tariff bill, the Commission shall submit to 
the appropriate congressional committees a report on the effects on the 
United States economy of duty suspensions and reductions enacted 
pursuant to this Act, including a broad assessment of the economic 
effects of such duty suspensions and reductions on producers, 
purchasers, and consumers in the United States, using case studies 
describing such effects on selected industries or by type of article as 
available data permit.
    (b) Recommendations.--The Commission shall also solicit and append 
to the report required under subsection (a) recommendations with respect 
to those domestic industry sectors or specific domestic industries that 
might benefit from permanent duty suspensions and reductions, either 
through a unilateral action of the United States or though negotiations 
for reciprocal tariff agreements, with a particular focus on inequities 
created by tariff inversions.
    (c) Form of Report.--Each report required by this section shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN THE HOUSE OF 
                    REPRESENTATIVES AND THE SENATE.

    (a) House of Representatives.--
            (1) <<NOTE: List. Reports.>>  In general.--The chair of the 
        Committee on Ways and Means of the House of Representatives 
        shall include a list of limited tariff benefits contained in a 
        miscellaneous tariff bill in the report to accompany such a bill 
        or, in a case where a miscellaneous tariff bill is not reported 
        by the committee, shall cause such a list to be printed in the 
        appropriate section of the Congressional Record.
            (2) Limited tariff benefit defined.--For purposes of this 
        subsection and consistent with clause 9 of rule XXI of the Rules 
        of the House of Representatives, as in effect during the One 
        Hundred Fourteenth Congress, the term ``limited tariff benefit'' 
        means a provision modifying the Harmonized Tariff Schedule of 
        the United States in a manner that benefits 10 or fewer 
        entities.

    (b) Senate.--
            (1) <<NOTE: Congressional Record, 
        publication. Certification.>>  In general.--The chairman of the 
        Committee on Finance of the Senate, the Majority Leader of the 
        Senate, or the designee of the Majority Leader of the Senate, 
        shall provide for the publication in the Congressional Record of 
        a certification that--

[[Page 130 STAT. 403]]

                    (A) each limited tariff benefit contained in a 
                miscellaneous tariff bill considered in the Senate has 
                been identified through lists, charts, or other similar 
                means; and
                    (B) <<NOTE: Public information. Web posting. Time 
                period.>>  the information identified in subparagraph 
                (A) has been available on a publicly accessible 
                congressional website in a searchable format at least 48 
                hours before the vote on the motion to proceed to the 
                miscellaneous tariff bill or the vote on the adoption of 
                a report of a committee of conference in connection with 
                the miscellaneous tariff bill, as the case may be.
            (2) Satisfaction of senate rules.--Publication of a 
        certification in the Congressional Record under paragraph (1) 
        satisfies the certification requirements of paragraphs 1(a), 
        2(a), and 3(a) of rule XLIV of the Standing Rules of the Senate.
            (3) Limited tariff benefit defined.--For purposes of this 
        subsection and consistent with rule XLIV of the Standing Rules 
        of the Senate, as in effect during the One Hundred Fourteenth 
        Congress, the term ``limited tariff benefit'' means a provision 
        modifying the Harmonized Tariff Schedule of the United States in 
        a manner that benefits 10 or fewer entities.

    (c) Enactment as Exercise of Rulemaking Power of House of 
Representatives and Senate.--This section is enacted by Congress--
            (1) <<NOTE: Procedures.>>  as an exercise of the rulemaking 
        power of the House of Representatives and the Senate, 
        respectively, and as such are deemed a part of the rules of each 
        House, respectively, and such procedures supersede other rules 
        only to the extent that they are inconsistent with such other 
        rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and to 
        the same extent as in the case of any other rule of that House.
SEC. 6. JUDICIAL REVIEW PRECLUDED.

    The exercise of functions under this Act shall not be subject to 
judicial review.
SEC. 7. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Ways and Means of the House of Representatives and the Committee 
        on Finance of the Senate.
            (2) Commission.--The term ``Commission'' means the United 
        States International Trade Commission.
            (3) <<NOTE: Certification.>>  Commission disclosure form.--
        The term ``Commission disclosure form'' means, with respect to a 
        petition for a duty suspension or reduction, a document 
        submitted by a petitioner to the Commission that contains the 
        following:
                    (A) The contact information for any known importers 
                of the article to which the proposed duty suspension or 
                reduction would apply.
                    (B) A certification by the petitioner that the 
                proposed duty suspension or reduction is available to 
                any person importing the article to which the proposed 
                duty suspension or reduction would apply.
                    (C) A certification that the petitioner is a likely 
                beneficiary of the proposed duty suspension or 
                reduction.

[[Page 130 STAT. 404]]

            (4) Domestic producer.--The term ``domestic producer'' means 
        a person that demonstrates production, or imminent production, 
        in the United States of an article that is identical to, or like 
        or directly competitive with, an article to which a petition for 
        a duty suspension or reduction would apply.
            (5) Domestic production.--The term ``domestic production'' 
        means the production of an article that is identical to, or like 
        or directly competitive with, an article to which a petition for 
        a duty suspension or reduction would apply, for which a domestic 
        producer has demonstrated production, or imminent production, in 
        the United States.
            (6) <<NOTE: Time period.>>  Duty suspension or reduction.--
        The term ``duty suspension or reduction'' refers to an amendment 
        to subchapter II of chapter 99 of the Harmonized Tariff Schedule 
        of the United States for a period not to exceed 3 years that--
                    (A) <<NOTE: Extension.>>  extends an existing 
                temporary duty suspension or reduction on an article 
                under that subchapter; or
                    (B) provides for a new temporary duty suspension or 
                reduction on an article under that subchapter.
            (7) Likely beneficiary.--The term ``likely beneficiary'' 
        means an individual or entity likely to utilize, or benefit 
        directly from the utilization of, an article that is the subject 
        of a petition for a duty suspension or reduction.
            (8) Member of congress.--The term ``Member of Congress'' 
        means a Senator or Representative in, or Delegate or Resident 
        Commissioner to, Congress.
            (9) Miscellaneous tariff bill.--The term ``miscellaneous 
        tariff bill'' means a bill of either House of Congress that 
        contains only duty suspensions and reductions and related 
        technical corrections that--
                    (A) are included in the final report of the 
                Commission submitted to the appropriate congressional 
                committees under section 3(b)(3)(E), except for--
                          (i) petitions for duty suspensions or 
                      reductions that the Commission has determined do 
                      not contain the information required under section 
                      3(b)(2);
                          (ii) petitions for duty suspensions and 
                      reductions with respect to which the Commission 
                      has determined the petitioner is not a likely 
                      beneficiary; and
                          (iii) petitions for duty suspensions and 
                      reductions that the Commission does not recommend 
                      for inclusion in the miscellaneous tariff bill;
                    (B) are not excluded under section 3(b)(3)(F); and

[[Page 130 STAT. 405]]

                    (C) otherwise meet the applicable requirements of 
                this Act.

    Approved May 20, 2016.

LEGISLATIVE HISTORY--H.R. 4923:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 114-519, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 162 (2016):
            Apr. 27, considered and passed House.
            May 10, considered and passed Senate.

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