FAIR TARIFF Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3739 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 MAY 25, 2023 Mr. WENSTRUP (for himself, Mr. THOMPSON of California, Mr. SMITH of Ne- braska, Ms. SEWELL, Mrs. MILLER of West Virginia, and Mr. PANETTA) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘For Accurate Import 4 Relief To Aid Retailers and Importers of Foreign Freights 5 Act of 2023’’ or ‘‘FAIR TARIFF Act of 2023’’. 6 VerDate Sep 11 2014 18:46 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3739.IH H3739 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3739 IH SEC. 2. CERTAIN ENTRIES OF PRODUCTS OF EUROPEAN 1 UNION MEMBER STATES. 2 (a) PRODUCTS ENTERED DURING THE 60-DAY PE- 3 RIOD BEGINNING ON OCTOBER 18, 2019.—Notwith- 4 standing sections 514 and 520 of the Tariff Act of 1930 5 (19 U.S.C. 1514 and 1520), or any other provision of law, 6 U.S. Customs and Border Protection shall— 7 (1) liquidate or reliquidate each entry of a 8 product— 9 (A) provided for in subheading 9903.89.10, 10 9903.89.13, 9903.89.16, 9903.89.19, 11 9903.89.22, 9903.89.25, 9903.89.28, 12 9903.89.31, 9903.89.34, 9903.89.37, 13 9903.89.40, 9903.89.43, 9903.89.46, or 14 9903.89.49 of the HTS; and 15 (B) that was entered for consumption, or 16 withdrawn from warehouse for consumption, 17 during the 60-day period beginning on October 18 18, 2019; and 19 (2) refund to the importer of record the amount 20 of additional duties previously collected on the entry 21 of that product by reason of the application of the 22 applicable subheading of the HTS described in para- 23 graph (1)(A) to the product. 24 (b) PRODUCTS ENTERED DURING THE 60-DAY PE- 25 RIOD BEGINNING ON JANUARY 12, 2022.—Notwith- 26 VerDate Sep 11 2014 18:46 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3739.IH H3739 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3739 IH standing sections 514 and 520 of the Tariff Act of 1930 1 (19 U.S.C. 1514 and 1520), or any other provision of law, 2 U.S. Customs and Border Protection shall— 3 (1) liquidate or reliquidate each entry of a 4 product— 5 (A) provided for in subheading 9903.89.57 6 or 9903.89.59 of the HTS; and 7 (B) that was entered for consumption, or 8 withdrawn from warehouse for consumption, 9 during the 60-day period beginning on January 10 12, 2022; and 11 (2) refund to the importer of record the amount 12 of additional duties previously collected on the entry 13 of that product by reason of the application of the 14 subheading of the HTS described in paragraph 15 (1)(A) to the product. 16 (c) REQUESTS.—A liquidation or reliquidation may 17 be made under subsection (a) or (b) with respect to an 18 entry of products only if a request therefor is filed with 19 U.S. Customs and Border Protection, not later than 1 20 year after the date of the enactment of this Act, that con- 21 tains sufficient information to enable U.S. Customs and 22 Border Protection— 23 (1) to either— 24 (A) locate the entry; or 25 VerDate Sep 11 2014 18:46 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3739.IH H3739 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3739 IH (B) to reconstruct the entry if it cannot be 1 located; and 2 (2) to verify the eligibility of the request. 3 (d) REFUND OF AMOUNTS OWED.— 4 (1) UNLIQUIDATED ENTRIES.—For an entry 5 described in subsection (a) or (b) that is unliqui- 6 dated, any duties, including interest, eligible for a 7 refund under subsection (a) or (b) shall be processed 8 for purposes of liquidation in accordance with sec- 9 tions 504 and 505 of the Tariff Act of 1930 (19 10 U.S.C. 1504 and 1505). 11 (2) RELIQUIDATED ENTRIES.—Any amounts 12 owed by the United States pursuant to a reliquida- 13 tion of an entry described in subsection (a) or (b) 14 (including interest from the date of entry) shall be 15 refunded not later than 180 days after the date of 16 the application for refund for the entry is made to 17 U.S. Customs and Border Protection. 18 (3) REFUND APPLICATION PROCESS.—U.S. 19 Customs and Border Protection shall— 20 (A) develop an application process for re- 21 questing refunds under subsections (a) and (b); 22 and 23 VerDate Sep 11 2014 18:46 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3739.IH H3739 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3739 IH (B) make the process available to the pub- 1 lic not later than 90 days after the date of the 2 enactment of this Act. 3 (e) HTS DEFINED.—In this section, the term 4 ‘‘HTS’’ means the Harmonized Tariff Schedule of the 5 United States. 6 SEC. 3. ADVANCE NOTICE WITH RESPECT TO CERTAIN AC- 7 TIONS UNDER SECTION 301 OF THE TRADE 8 ACT OF 1974. 9 (a) IN GENERAL.—Section 306(b) of the Trade Act 10 of 1974 (19 U.S.C. 2416(b)) is amended by adding at the 11 end the following: 12 ‘‘(3) ADVANCE NOTICE.—The Trade Represent- 13 ative may not provide for an effective date of any ac- 14 tion described in subparagraph (A) or (B) of section 15 301(c)(1) with respect to— 16 ‘‘(A) an increase in the tariff rate of a 17 good of a foreign country (other than a non- 18 market economy country (as that term is de- 19 fined in section 771(18) of the Tariff Act of 20 1930 (19 U.S.C. 1677(18)))) by reason of the 21 good being included on a retaliation list or re- 22 vised retaliation list under this subsection, or 23 ‘‘(B) an increase in the tariff rate of a 24 good of a foreign country (other than a non- 25 VerDate Sep 11 2014 18:46 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3739.IH H3739 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3739 IH market economy country (as that term is de- 1 fined in section 771(18) of the Tariff Act of 2 1930 (19 U.S.C. 1677(18)))) by reason of the 3 good being subject to any other action under 4 subparagraph (A) or (B) of such section, 5 that is earlier than the date that is 60 days after no- 6 tice of the action is published in the Federal Reg- 7 ister.’’. 8 (b) EFFECTIVE DATE.—The amendment made by 9 subsection (a)— 10 (1) takes effect on the date of the enactment of 11 this Act; and 12 (2) applies with respect to— 13 (A) any good included on a retaliation list 14 under section 306(b) of the Trade Act of 1974 15 (19 U.S.C. 2416(b)) that is published in the 16 Federal Register on or after the date that is 30 17 days after the date of the enactment of this 18 Act; and 19 (B) any good that is subject to any other 20 action under subparagraph (A) or (B) of sec- 21 tion 301(c)(1) of such Act (19 U.S.C. 22 2411(c)(1)) that becomes effective on or after 23 VerDate Sep 11 2014 18:46 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3739.IH H3739 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3739 IH the date that is 30 days after the date of the 1 enactment of this Act. 2 Æ VerDate Sep 11 2014 18:46 Jun 19, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3739.IH H3739 pbinns on DSKJLVW7X2PROD with $$_JOB