legislation: 98-hr-6064
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| 98-hr-6064 | 98 | hr | 6064 | A bill to change the tariff treatment with respect to certain articles, and for other purposes. | Foreign Trade and International Finance | 1984-08-02 | 1984-10-03 | House Incorporated the Text of H.R.6064 as an Amendment in the Nature of a Substitute to H.R.3398. | House | Rep. Gibbons, Sam [D-FL-7] | FL | D | G000153 | 2 | (Measure passed House, amended) Title I: Tariff Schedules Amendments-Subtitle A: Reference to Tariff Schedules - Declares that amendments to the Schedules refer to amendments to the Tariff Schedules of the United States. Subtitle B: Permanent Changes in Tariff Treatment - Amends the Schedules to: (1) reduce the duty from 25 percent ad valorem to five percent ad valorem on fresh or chilled asparagus entered during the period from September 15 through November 15, in any year; (2) impose a one-tenth of one cent duty on apple and pear juice; (3) provide equal classification and equal duty rates for orange and other citrus juices; (4) treat plywoods with tongued, grooved, lapped, or worked edges as plywood for duty treatment purposes; (5) revise the definition of "plexiform filaments" to include fibrillated or fibrillating strips of any dimension which consists, after fibrillation in the case of strips, of a network or plexus of fine fibers and which are suitable for the manufacture of textiles; (6) revise the definition of "strips" to embrace non-fibrillated or non-fibrillating strips (part 1 schedule 3 Subpart E Textile Fibers and Textile Products); (7) provide that articles of apparel, except suits, pajamas and other nightwear, playsuits, washsuits, judo, karate and other martial arts uniforms, swimwear, and infants' sets for children up to and including 24 months of age, are to be separately classified even if two or more such articles are imported together and designed to be sold together at retail; (8) provide that naphthas (whether or not catalytic naphthas) are not classifiable under benzenoid chemicals and products (part 1 schedule 4); (9) define "motor fuel blending stock" as any product derived primarily from petroleum, shale oil, or natural gas, except naphthas, whether or not containing additives, which is chiefly used for direct blending in the manufacture of motor fuel; (10) impose a duty upon motor fuel blending stock; (11) lower the duty on imported gut used in the manufacture of surgical sutures; and (12) make certain technical changes so that the Schedules conform with the Customs Convention on Containers, 1972. Extends duty-free treatment to: (1) imports of chipper knife steel; (2) previously imported articles upon which a duty was paid if reimported, without having been advanced in value or improved in condition while abroad, after having been imported under lease or similar agreement (currently, having been exported under lease to a foreign manufacturer), and reimported by or for the account of the person who imported it into, and exported it from, the United States; (3) the rendering of geophysical or contracting services in connection with the exploration or extraction of natural resources; and (4) the entry of scrolls or tablets of wood or paper which are imported for use in public or private religious observances. Subtitle C: Temporary Changes in Tariff Treatment - Reduces through December 30, 1987, the duty on certain brussels sprouts that are not reduced in size and certain brussels sprouts that are reduced in size. Extends the suspension of duty on: (1) 4-chloro-3-methylphenol through September 30, 1987; (2) uncompounded allyl resins through September 30, 1986; (3) tartaric acid and tartaric chemicals through June 30, 1988; (4) natural graphite through December 31, 1987; (5) certain forms of zinc through June 30, 1989; and (6) certain clock radios through September 30, 1986. Suspends the duty on: (1) B-naphthol through September 30, 1987; (2) 3,3-diaminobenzidine through September 30, 1987; (3) 6-amino-1-naphthol-3-sulfonic acid through September 30, 1987; (4) diphenyl guanidine and di-ortho-tolyl guanidine through September 30, 1987; (5) 2-(4-Aminophenyl)-6-methylbenzothiazole-7-sulfonic acid through September 30, 1987; (6) a certain chemical intermediate, (6R,7R)- 7-(R)-2-amino-2-phenylacetamido-3-methyl-8-oxo-5-thia- 1-azabicyclo 4. 2. 0 oct-2-ene-2-carboxylic acid disolvate through September 30, 1987; (7) acetylsulfaguanidine through September 30, 1987; (8) mixtures of potassium 1-(p-chlorophenyl) -1, 4- diydro -6-methyl-4-oxopyridozine-3-carboxylate (fenridazon - potassium) and formulation adjuvants through September 30, 1987; (9) sulfamethazine through September 30, 1987; (10) sulfaguanidine through September 30, 1987; (11) terfenadine through September 30, 1987; (12) sulfathiazole through September 30, 1987; (13) sulfaquinoxaline and sulfanilamide through September 30, 1987; (14) dicyclomine hydrochloride and mepenzolate bromide through September 30, 1987; (15) amiodarone through September 30, 1987; (16) desipramine hydrochloride through September 30, 1987; (17) clomiphene citrate through September 30, 1987; (18) materials and compounds containing more than 19 percent but less than 85 percent of yttrium oxide equivalent through June 30, 1988; (19) mixtures of 5-chloro-2-methyl-4-isothiazolin-3-one, 2-methyl-4-isothiazolin-3-one, magnesium chloride and magnesium nitrate through September 30, 1987; (20) nicotine resin complex through September 30, 1987; (21) rifampin through September 30, 1987; (22) lactulose through September 30, 1987; (23) iron dextran complex through September 30, 1987; (24) industrial diamonds of tool and drill blanks through September 30, 1987; (25) lace-braiding machines and parts through September 30, 1987; (26) fabric weaving machines through September 30, 1987; and (27) metal frames for hand-held umbrellas through September 30, 1985. Provides duty-free treatment on magnetron tubes used in stoves and ranges through December 31, 1986. Subtitle D: Technical Amendments - Makes various technical amendments to the Schedules. Subtitle E: Effective Dates - Provides the effective dates for the amendments made by this Act. Title II: Customs and Miscellaneous Provisions and Amendments - Subtitle A: Amendments to Tariff Act of 1930 - Amends the Tariff Act of 1930 to provide for the refund ("drawback") of any import duty, tax, or fee which was imposed on imported or domestic merchandise that is fungible and is, within three years, exported or destroyed under Customs supervision and is: (1) not used within the United States; (2) in the possession of the party claiming such drawback; and (3) in the same condition at the time of such exportation or destruction as was the imported merchandise at the time of its importation. Exempts vessels designed and used primarily for transporting passengers or property from the duty on equipment and repairs made in a foreign country on a U.S. flag vessel unless the vessel left the United States for the sole purpose of obtaining such equipment or repairs. Provides that customs duties due on the date of liquidation or reliquidation shall be due 15 days after the date of such liquidation or reliquidation. Provides that if payment of the duties is not made within 30 days of such date, then such payment will be considered delinquent and bear interest from the 15th day after the date of liquidation or reliquidation. Provides a refund on any overpayment of duty and interest thereon if an entry is reliquidated as a result of: (1) a protest being filed; (2) a clerical error; or (3) a court order. Increases from $250 to $1,250 the value of imported goods eligible for informal entry. Provides that such an increase does not apply to specified articles of the Schedules or other articles for which formal entry is required without regard to value. Provides that if a State or local authority (incident to its jurisdiction over an airport, or other exit point facility) requires its approval with respect to the operation of a duty-free sales enterprise under which merchandise is delivered to such facility for exportation, then merchandise incident to such operation may not be withdrawn from a bonded warehouse and transferred to such facility unless the operator of such duty-free sales enterprise demonstrates to the Secretary of the Treasury that the required approval has been obtained. Prohibits an individual (other than solely for that person) or corporation from conducting customs business (activities involving transactions with the Customs Service concerning the entry and payment of duties on imported merchandise) unless a valid customs brokers license and permit has been issued by the Secretary of the Treasury to such individual or corporation. Permits the granting of such license to a corporation provided at least one officer of such corporation holds a customs brokers license. (Currently, at least two officers of a corporation must hold a license in order for the corporation to conduct customs business.) Provides for the revocation or suspension of such license and permit or the imposition of a monetary penalty, for a customs broker who: (1) fails to have such a license and permit while transacting customs business; (2) makes false statements on an application for such license or permit, or on a report filed with the Customs Service; (3) has been convicted of certain felonies or misdemeanors after the filing of an application for such license; (4) is licensed as a corporation and fails to have at least one officer validly licensed for a continuous period of 120 days (currently, it is for a continuous 60 day period); or (5) fails to employ for the same period at least one licensed individual within the district in which a permit was issued. Permits a broker to appeal any decision by the Secretary to deny, revoke, or suspend such broker's license or permit, or to impose a monetary penalty upon him or her, by filing a petition in the Court of International Trade. Permits the Secretary to prescribe regulations relating to the issuance of licenses or permits to customs brokers. Permits the suspension or revocation of a brokers license if a customs broker triennial report is not filed with the Secretary. Grants exclusive jurisdiction to the Court of International Trade to review any decision of the Secretary to: (1) deny an individual a license or permit; (2) revoke a license due to operation of law; or (3) impose a monetary penalty due to a violation under the Act. Grants exclusive jurisdiction to the Court of International Trade on civil action cases which arise out of an import transaction and which are commenced by the United States to recover a monetary penalty due to a violation under the Act. Permits an individual whose license or permit has been denied or revoked due to operation of law to commence an action for review in the Court of International Trade. Provides for the commencement of such actions in cases where a monetary penalty has been imposed. Prohibits the commencement of an action unless it is commenced within 60 days after the entry of a decision relating to: (1) the denial or revocation of a license or permit; or (2) the imposition of a monetary penalty. Provides that the scope of review for decisions by the Secretary to suspend or revoke a broker's license and permit shall be made on the basis of the record before the court in accordance with the provisions of this Act, except for the administrative hearing procedure on the revocation or suspension of a license or permit which shall be made in accordance with 5 USC 706. Provides that with respect to the collection or assessment of a monetary penalty imposed under the Act, the Court of International Trade may not render a judgment in a greater amount than that sought in the initial pleading of the United States. Prohibits a customs officer from permitting the delivery of imported merchandise from a public store or bonded warehouse until proof is produced showing that any customs broker's lien has been satisfied or discharged. Authorizes the Secretary to provide a refund in cases where excess duties have been paid prior to the liquidation of an entry because of clerical error. Subtitle B: Miscellaneous Provisions - Authorizes the President to provide both duty-free treatment under column 1 and modifications in the descriptions of specified articles of the Schedules that are certified for use in civil aircraft. Authorizes and directs the Secretary of the Treasury to grant duty-free entry to articles required for the installation and operation of a joint U.S.-West German telescope project in Arizona. Authorizes the Secretary of the Tresury to provide a refund of any duty paid on organs imported for the use by Trinity Cathedral of Cleveland, Ohio during 1973 through 1978. Requires the Commissioner of the U.S. Customs Service to establish the Columbia-Snake Customs District which includes Oregon, and specified counties of the States of Idaho and Washington. Expresses the sense of the Congress that the President should continue to oppose: (1) the imposition of restrictions on European Community (EC) imports of nongrain feed ingredients and corn gluten and should support the current duty-free binding on such products; and (2) EC proposals which violate the duty-free binding on soybeans and soybean products under the General Agreement on Tariffs and Trade and reaffirm the United States position that the imposition of a consumption tax by EC on vegetable fats and oils would represent a restraint of trade. States that if EC action is taken to inhibit the importation of such products, then the United States should restrict EC imports by the same proportion of reduced U.S. export products. | 2025-01-03T20:54:05Z |