To provide for the liquidation or reliquidation of certain entries of products of European Union member states exported on or before October 9, 2019, and entered on or after October 18, 2019.

V 116TH CONGRESS 2D SESSION H. R. 5911 To provide for the liquidation or reliquidation of certain entries of products of European Union member states exported on or before October 9, 2019, and entered on or after October 18, 2019. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2020 Mr. PASCRELL 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 exported on or before October 9, 2019, and entered on or after October 18, 2019. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act maybe cited as the ‘‘For Accurate Import 4 Relief To Aid Retailers and Importers of Foreign Freights 5 Act of 2019’’ or ‘‘FAIR TARIFF Act of 2019’’. 6 VerDate Sep 11 2014 00:12 Feb 14, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5911.IH H5911 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 5911 IH SEC. 2. CERTAIN ENTRIES OF PRODUCTS OF EUROPEAN 1 UNION MEMBER STATES ENTERED AFTER OC- 2 TOBER 1, 2019. 3 (a) IN GENERAL.—Notwithstanding sections 514 and 4 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520), 5 or any other provision of law, U.S. Customs and Border 6 Protection shall— 7 (1) liquidate or reliquidate each entry of a 8 product— 9 (A) provided for in subheading 9903.89.05, 10 9903.89.10, 9903.89.13, 9903.89.16, 11 9903.89.19, 9903.89.22, 9903.89.25, 12 9903.89.28, 9903.89.31, 9903.89.34, 13 9903.89.37, 9903.89.40, 9903.89.43, 14 9903.89.46, or 9903.89.49 of the HTS; and 15 (B) that— 16 (i) was exported to the United States 17 on or before October 9, 2019; and 18 (ii) was entered, or withdrawn from 19 warehouse for consumption, during the 20 120-day period beginning on October 18, 21 2019; and 22 (2) refund to the importer of record the amount 23 of additional duties previously collected on the entry 24 of that product by reason of the application of that 25 subheading of the HTS to the product. 26 VerDate Sep 11 2014 00:12 Feb 14, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5911.IH H5911 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 5911 IH (b) REQUEST.— 1 (1) IN GENERAL.—Liquidation or reliquidation 2 may be made under subsection (a) with respect to 3 an entry described in subsection (a) only if a request 4 is filed with the U.S. Customs and Border Protec- 5 tion not later than 90 days after the date of the en- 6 actment of this Act. 7 (2) CLARIFICATION.—The filing of an entry de- 8 scribed in subsection (a) may serve as the filing of 9 a request described in paragraph (1) with respect to 10 the entry. 11 (c) REFUND OF AMOUNTS OWED.— 12 (1) UNLIQUIDATED ENTRIES.—For an entry 13 described in subsection (a) that is unliquidated, any 14 duties, including interest, eligible for a refund under 15 subsection (a) shall be processed for purposes of liq- 16 uidation in accordance with sections 504 and 505 of 17 the Tariff Act of 1930 (19 U.S.C. 1504 and 1505). 18 (2) RELIQUIDATED ENTRIES.—Any amounts 19 owed by the United States pursuant to a reliquida- 20 tion of an entry described in subsection (a) (includ- 21 ing interest from the date of entry) shall be re- 22 funded not later than 90 days after the date on 23 which the request for reliquidation is filed under 24 subsection (b). 25 VerDate Sep 11 2014 00:12 Feb 14, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5911.IH H5911 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 5911 IH (d) HTS DEFINED.—In this section, the term 1 ‘‘HTS’’ means the Harmonized Tariff Schedule of the 2 United States. 3 Æ VerDate Sep 11 2014 00:12 Feb 14, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5911.IH H5911 kjohnson on DSK79L0C42PROD with BILLS