Details of New Draft House Miscellaneous Trade Bill

(H.R. 4380 was originally introduced in the House on December 16, 2009. The Senate did not introduce its own MTB in 2009, but it did begin the process of vetting individual duty suspension, reduction bills that had been introduced.)

Committee is Seeking Comments on Draft MTB as Soon as Possible

The House Ways and Means Committee states that it posted this draft manager’s amendment to increase transparency in the MTB process, and for comment and feedback. One Committee source stated by phone that although there is no official deadline, comments should be submitted as soon as possible.

Draft MTB’s Provisions Would Expire on Dec 31, 2012

The duty suspension and reduction provisions (both new and those being extended) in the draft manager’s amendment would expire on December 31, 2012.

ITT Summary Highlights Non-Chemical Products Only

The draft manager’s amendment contains hundreds of HTS 9902 duty suspension (duty-free) and reduction (reduced duty) provisions. However, this summary focuses on products other than chemicals or chemical products. See draft manager’s amendment for the complete listing.

ITT’s summary divides the draft into five parts:

• Effective dates
• Extensions of expired duty suspensions and reductions
• Extensions and modifications of expired duty suspensions and reductions
• New duty suspensions
• New duty reductions

Effective Dates

Effective Date Would be 15 Days after Enactment, Retroactivity for Expired Provisions upon Request

All of the HTS 9902 changes in the draft bill would be effective for goods entered or withdrawn from warehouse for consumption on or after the 15th day after the date of enactment.

Retroactive duty treatment available for expired provisions upon request. Goods entered or withdrawn from warehouse for consumption on or after January 1, 2010 but before the effective date, that would have qualified for HTS 9902 treatment had the appropriate provision not expired, would be eligible to be liquidated or reliquidated as if the entry or withdrawal had been made after the bill’s effective date.

Liquidation, reliquidation must be requested within 180 days. Such a liquidation or reliquidation may be made with respect to an entry or withdrawal only if a request is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment. The request must contains sufficient information to enable CBP to locate or reconstruct (if it cannot be located) the entry or withdrawal.

Refunds in 90 days. Any amounts owed by the U.S. pursuant to the liquidation or reliquidation shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation.

Expired Duty Suspensions and Reductions

The draft manager’s amendment would reinstate and/or modify hundreds of existing HTS 9902 provisions (most or all of which expired on December 31, 2009).

Extension of Certain Expired Duty Suspensions and Reductions

The draft manager’s amendment includes an extension of the following existing duty suspensions and reductions:

Heading 9902.23.28 (relating to parts for use in the manufacture of certain high-performance loudspeakers).

Heading 9902.10.62 (relating to certain hydraulic control units).

Heading 9902.23.56 (relating to certain 6V lead-acid storage batteries).

Heading 9902.84.91 (relating to certain manufacturing equipment).

Heading 9902.23.47 (relating to self contained, carafe-less automatic drip coffeemaker with electronic clock).

Heading 9902.23.48 (relating to under the counter mounting electric can openers).

Heading 9902.23.46 (relating to self contained, carafe-less automatic drip

coffeemaker).

Heading 9902.23.45 (relating to open top, electric indoor grills).

Heading 9902.23.44 (relating to electric juice extractors).

Heading 9902.23.43 (relating to electric juice extractors).

Heading 9902.23.42 (relating to sandwich toaster grills).

Heading 9902.23.41 (relating to ice shavers).

Heading 9902.23.40 (relating to combination single slot toaster and toaster ovens).

Heading 9902.23.39 (relating to electric knives).

Heading 9902.23.38 (relating to handheld electric can openers).

Heading 9902.23.37 (relating to metal halide lamps designed for use in video projectors).

Heading 9902.24.67 (relating to unicycles).

Heading 9902.24.69 (relating to bicycle wheel rims).

Heading 9902.85.42 (relating to certain cathode-ray tubes).

Heading 9902.23.21 (relating to a certain specialty monomer).

Heading 9902.13.86 (relating to certain refracting and reflecting telescopes).

Heading 9902.23.07 (relating to oysters (other than smoked), prepared or preserved).

Heading 9902.10.22 (relating to acrylic or modacrylic staple fibers, carded, combed, or otherwise processed for spinning).

Heading 9902.23.27 (relating to filament tow of rayon).

Heading 9902.23.33 (relating to certain staple fibers of viscose rayon, not carded, combed, or otherwise processed for spinning).

Heading 9902.23.34 (relating to certain staple fibers of viscose rayon, carded, combed, or otherwise processed for spinning).

Heading 9902.10.93 (relating to certain transaxles designed for use in hybrid vehicles).

Heading 9902.10.94 (relating to certain static converters designed for use in hybrid vehicles).

Heading 9902.10.95 (relating to certain controllers for electric power assisted braking systems, designed for use in hybrid vehicles).

Heading 9902.25.30, .31, .32 (relating to certain cores used in remanufacture).

Heading 9902.23.31 (relating to lamp-holder housings of aluminum, containing sockets).

Heading 9902.23.32 (relating to lamp-holder housings of brass, containing sockets).

Heading 9902.23.29 (relating to lamp-holder housings of plastic, containing sockets).

Heading 9902.23.30 (relating to lamp-holder housings of porcelain, containing sockets).

Heading 9902.23.50 (relating to lightweight digital camera lenses).

Heading 9902.23.51 (relating to digital zoom camera lenses).

Heading 9902.23.53 (relating to certain color video monitors).

Heading 9902.23.52 (relating to certain color video monitors).

Heading 9902.23.55 (relating to certain black and white monitors).

Heading 9902.23.54 (relating to certain color video monitors).

Heading 9902.03.01 (relating to yarn of combed cashmere or yarn of camel hair).

Heading 9902.12.20 (relating to camel hair, processed beyond the degreased or carbonized condition).

Heading 9902.12.21 (relating to waste of camel hair).

Heading 9902.12.22 (relating to camel hair, carded or combed).

Heading 9902.12.23 (relating to woven fabrics containing 85 percent or more by weight of vicuna hair).

Heading 9902.12.24 (relating to camel hair, not processed in any manner beyond the degreased or carbonized condition).

Heading 9902.12.25 (relating to noils of camel hair).

Heading 9902.23.36 (relating to multi-format DVD camcorders).

Heading 9902.23.35 (relating to multi-format DVD camcorders).

Heading 9902.10.63 (relating to shield asy-steering gear).

The first heading 9902.85.06 (relating to certain 120 volt/60 Hz electrical transformers).

Heading 9902.64.04 (relating to certain ski boots, cross country ski footwear, and snowboard boots).

Heading 9902.23.85 (relating to lug bottom boots for use in fishing waders).

Heading 9902.22.71 (relating to a mixture used in ceramic arc tubes).

Heading 9902.03.06 (relating to high tenacity multiple (folded) or cabled yarn of viscose rayon).

Heading 9902.05.07 (relating to high tenacity single yarn of viscose rayon with a decitex equal to or greater than 1,000).

Heading 9902.85.09 (relating to certain AC electric motors of an output exceeding 37.5 W but not exceeding 72 W).

Heading 9902.23.86 (relating to parts or accessories of instruments or apparatus for measuring or checking electrical quantities).

Heading 9902.01.80 (relating to certain optical instruments).

Heading 9902.23.88 (relating to subassemblies for instruments or apparatus for measuring or checking electrical quantities).

Heading 9902.01.90 (relating to certain twisted synthetic filament yarns).

Heading 9902.01.91 (relating to certain untwisted synthetic filament yarns).

Heading 9902.13.10 (relating to volleyballs).

Heading 9902.13.08 (relating to leather basketballs).

Heading 9902.22.48 (relating to certain children’s footwear with outer soles of leather and uppers of leather).

Heading 9902.22.47 (relating to certain work footwear for women).

Heading 9902.22.85 (relating to certain lights designed for use in aircraft).

Heading 9902.22.84 (relating to certain seals designed for use in aircraft).

Heading 9902.22.81 (relating to marine sextants of metal designed for use in navigating by celestial bodies).

Heading 9902.23.82 (relating to certain women’s footwear, valued over $20/pair, covering the ankle, whose height from the bottom of the outer sole to the top of the upper does not exceed 8 inches, with a coated or laminated textile fabric).

Heading 9902.23.83 (relating to certain women’s footwear, valued over $20/pair, not covering the ankle, with a coated or laminated textile fabric).

Heading 9902.13.46 (relating to certain decorative plates, sculptures, and plaques).

Heading 9902.22.83 (relating to vacuum relief valves).

Modification and Extension of Certain Expired Duty Suspensions, Reductions

The draft manager’s amendment includes the extension and modification of the following expired duty suspensions and reductions. In addition to extending the expiration dates of the provisions to December 31, 2012, the provisions would also be modified to reflect the following changes to their product descriptions, duty rates, etc.:

Bicycle speedometers.—Heading 9902.24.65 is amended by striking ‘‘Free’’ and inserting ‘‘0.9%’’.

Biaxially oriented polypropylene dielectric film.—Heading 9902.25.75 is amended by striking ‘‘3.7%’’ and inserting ‘‘Free’’

Certain men’s footwear covering the ankle with coated or laminated textile fabrics.—Heading 9902.25.60 is amended by striking ‘‘12.8%’’ and inserting ‘‘16.5%’’

Certain men’s footwear not covering the ankle with coated or laminated textile fabrics.—Heading 9902.25.61 is amended by striking ‘‘15.2%’’ and inserting ‘‘17.5%’’

Brakes designed for bicycles.—Heading 9902.24.71 is amended by striking ‘‘Free’’ and inserting ‘‘6.3%’’

Certain catalytic converter mats of ceramic fibers.—Heading 9902.25.72 is amended—(A) by amending the article description to read as follows: ‘‘Catalytic converter mounting mats of ceramic fibers, 4.7625 mm or more in thickness, such fibers containing over 65 percent by weight of aluminum oxide, in bulk, sheets or rolls (provided for in subheading 6806.10.00), the foregoing designed for use in motor vehicles of heading 8703’’; and (B) by striking ‘‘1.5%’’ and inserting ‘‘Free’’

Aspirin.—Heading 9902.12.11 is amended by striking ‘‘aspirin’’ and inserting ‘‘Aspirin’’

Certain manufacturing equipment.—Heading 9902.84.83 is amended by amending the article description to read as follows: ‘‘Machine tools for working wire of iron or steel, numerically controlled, the foregoing certified for use in production of radial tires designed for off-the-highway use and for use on a rim measuring 63.5 cm or more in diameter (provided for in subheading 4011.20.10, 4011.61.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.94.40, or 4011.99.45), and parts thereof (provided for in subheading 8463.30.00 or 8466.94.85)’’

Certain manufacturing equipment.—Heading 9902.84.81 is amended by amending the article description to read as follows: ‘‘Shearing machines used to cut metallic tissue, numerically controlled, the foregoing certified for use in production of radial tires designed for off-the-highway use with a rim measuring 63.5 cm or more in diameter (provided for in subheading 4011.20.10, 4011.61.00, 4011.63.00, 4011.69.00, 4011.92.00, 4011.94.40, or 4011.99.45), and parts thereof (provided for in subheading 8462.31.00 or 8466.94.85)’’

Certain semi-manufactured forms of gold.—Heading 9902.71.08 is amended by amending the article description to read as follows: ‘‘Wire containing 99.9 percent or more by weight of gold and with dopants added to control wirebonding characteristics, having a diameter of 0.05 mm or less, for use in the manufacture of diodes, transistors or similar semiconductor devices or electronic integrated circuits (provided for in subheading 7108.13.70)’’

Certain capers.—Heading 9902.10.26 is amended by amending the article description to read as follows: ‘‘Capers, prepared or preserved by vinegar or acetic acid, in containers holding 3.4 kg or less (provided for in subheading 2001.90.20)’’

Certain capers.—Heading 9902.10.28 is amended by amending the article description to read as follows: ‘‘Capers, prepared or preserved by vinegar or acetic acid, in immediate containers holding more than 3.4 kg (provided for in subheading 2001.90.10)’’

Yarn of carded cashmere of 19.35 metric yarn count or higher.—Heading 9902.03.02 is amended in the article description, by striking ‘‘finer’’ and inserting ‘‘higher’’

Fine animal hair of kashmir (cashmere) goats.—Heading 9902.22.77 is amended in the article description, by inserting ‘‘, processed beyond the degreased or carbonized condition’’ after ‘‘goats’’

Certain 12v lead-acid storage batteries.—Heading 9902.03.87 is amended by striking ‘‘Free’’ and inserting ‘‘0.1%’’

Certain fiberglass sheets.—Heading 9902.70.19 is amended by amending the article description to read as follows: ‘‘Smooth nonwoven fiberglass sheets, 0.40 mm or more but not over 1.65 mm in thickness, predominantly of glass fibers bound together in a polyvinyl alcohol matrix, of a type primarily used as acoustical facing for ceiling panels (provided for in subheading 7019.32.00)’’

Certain textured rolled glass sheets.—Heading 9902.70.03 is amended by striking the article description and inserting the following: ‘‘Rolled glass in sheets, yellow-green in color, not finished or edged worked, textured on one surface, suitable for incorporation in cooking stoves, ranges or ovens described in subheading 8516.60.40 (provided for in subheading 7003.12.00 or 7003.19.00)’’

Liquid-filled glass bulbs, designed for sprinkler systems and other release devices.—Heading 9902.24.26 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘0.9%’’

Golf bag bodies made of woven fabrics of nylon or polyester sewn together with pockets, and dividers or graphite protectors, accompanied with rainhoods.—Heading 9902.23.24 is amended (A) by striking the article description and inserting the following: ‘‘Golf bag bodies made of woven fabrics of nylon or polyester sewn together with pockets, and dividers or graphite protectors, accompanied with rainhoods (provided for in subheading 6307.90.98)’’; and (B) by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘1.5%’

Pepperoncini prepared or preserved otherwise than by vinegar or acetic acid, not frozen.—Heading 9902.10.27 is amended by striking the article description and inserting the following: ‘‘Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid, not frozen (provided for in subheading 2005.99.55)”

Pepperoncini prepared or preserved by vinegar.—Heading 9902.10.29 is amended by striking ‘‘2.2%’’ in the column 1 general rate of duty column and inserting ‘‘4.3%’’

Certain rayon staple fibers.—Heading 9902.55.04 is amended—(A) in the article description, by striking ‘‘filaments’’ and inserting ‘‘staple fibers’’; and (B) by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘1.8%’.

Certain educational devices.—Heading 9902.85.43 is amended by striking ‘‘0.55%’’ in the column 1 general rate of duty column and inserting ‘‘1.6%’’

Certain bags for toys.—Heading 9902.01.78 is amended—(A) by striking the article description and inserting the following: ‘‘Bags (provided for in subheading 4202.92.45) for transporting, storing, or protecting goods of heading 9503 or 9504, imported and sold with such articles therein’’; and (B) by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘8.9%’’

Artichokes prepared or preserved by vinegar or acetic acid.—Heading 9902.03.90 is amended by striking ‘‘7.9%’’ in the column 1 general rate of duty column and inserting ‘‘6.64%’’

Artichokes prepared or preserved otherwise than by vinegar or acetic acid.—Heading 9902.03.89 is amended by striking ‘‘13.8%’’ in the column 1 general rate of duty column and inserting ‘‘13.34%’’

Certain cases or containers to be used for electronic drawing toys, electronic games, or educational toys.—Heading 9902.11.90 is amended in the article description, by inserting ‘‘, or educational toys or devices of heading 8543’’ after ‘‘or 9504’’

Basketballs other than of leather or rubber.—Heading 9902.13.07 is amended by striking ‘‘0.9%’’ in the column 1 general rate of duty column and inserting ‘‘1.1%’’

Certain children’s footwear with uppers of vegetable fibers.—Heading 9902.13.92 is amended by striking ‘‘6.5%’’ in the column 1 general rate of duty column and inserting ‘‘7.1%’’

Certain men’s footwear with uppers of vegetable fibers.—Heading 9902.13.91 is amended by striking ‘‘4.5%’’ in the column 1 general rate of duty column and inserting ‘‘6.4%’’

Certain children’s footwear with uppers of leather or composition leather.—Heading 9902.22.46 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘9.5%’’

Rubber basketballs.—Heading 9902.13.09 is amended by striking ‘‘1.5%’’ in the column 1 general rate of duty column and inserting ‘‘0.7%’’

Certain women’s footwear, valued over $20/pair, with a coated or laminated textile fabric.—Heading 9902.23.78 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘13.6%’’

Certain men’s footwear, valued over $20/pair, with a coated or laminated textile fabric.—Heading 9902.23.77 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘27.6%’’

Certain men’s footwear, valued over $20/pair, whose height from the bottom of the outer sole to the top of the upper does not exceed 8 inches, with a coated or laminated textile fabric.— Heading 9902.23.76 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘24.7%’

Certain women’s footwear, valued over $20/pair, covering the ankle, with a coated or laminated textile fabric.—Heading 9902.23.75 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘25%’’

Certain music boxes.—Heading 9902.13.47 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘0.2%’’

Erasers of vulcanized rubber other than hard rubber or cellular rubber.—Heading 9902.25.51 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘0.2%’’

Electrically operated pencil sharpeners.—Heading 9902.22.82 is amended by striking ‘‘Free’’ in the column 1 general rate of duty column and inserting ‘‘0.4%’’

Certain AC electric motors of an output exceeding 74.6 w but not exceeding 85 w.—The second heading 9902.85.06 (relating to certain AC electric motors of an output exceeding 74.6 W but not exceeding 85 W) is redesignated as heading 9902.85.10.

New Duty Suspensions and Reductions

New Duty Suspensions

The draft manager’s amendment includes the following new HTS 9902 provisions, which would be in effect until December 31, 2012:

Certain reusable grocery bags.

Certain synthetic staple fibers that are not carded, combed, or otherwise processed for spinning.

Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning.

Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning, containing at least 85 percent by weight of acrylonitrile units.

Certain synthetic staple fibers that are not carded, combed, or otherwise processed for spinning, not dyed or pigmented.

Certain synthetic staple fibers that are not carded, combed, or otherwise processed for spinning, raw white (undyed).

Certain synthetic staple fibers that are not carded, combed, or otherwise processed for spinning, containing at least 85 percent by weight of acrylonitrile units.

Certain synthetic staple fibers that are not carded, combed, or otherwise processed for spinning, not pigmented.

Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning, containing 2 percent or more but not over 3 percent of water.

Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning, not pigmented.

Acrylic or modacrylic synthetic filament tow.

Acrylic or modacrylic synthetic filament tow, containing 2 percent or more but not over 3

percent of water.

Acrylic or modacrylic synthetic filament tow containing 85 percent or more by weight of acrylonitrile units.

Acrylic or modacrylic synthetic staple fibers, not carded, combed, or otherwise processed for spinning, raw white (undyed).

Certain synthetic staple fibers that are not carded, combed, or otherwise processed for spinning, containing 85 percent or more of acrylonitrile units.

Certain synthetic staple fibers that are not carded, combed, or otherwise processed for spinning containing 2 percent or more but not over 3 percent of water.

Certain acrylic synthetic staple fiber, containing by weight 92 percent or more of polyacrylonitrile

Certain acrylic synthetic staple fiber dyed but not carded, combed for spinning.

Certain acrylic staple fiber.

Certain acrylic synthetic staple fiber, containing 2 percent or more but not over 8 percent of water.

Certain acrylic synthetic staple fiber, containing not more than 0.01 percent of zinc.

Certain air pressure distillation columns.

Porous hollow fibers.

Cellular plastic sheets for filters.

Certain Woven Mesh for Use in Filters.

Plastic fittings of perfluoroalkoxy.

Yarn of carded hair of Kashmir (cashmere) goats, of yarn count less than 19.35 metric, not put up for retail sale.

Yarn of carded camel hair.

Certain laundry work surfaces.

New Duty Reductions

The draft manager’s amendment contains the following new HTS 9902 duty reductions, which would be in effect through December 31, 2012:

Certain acrylic synthetic staple fiber.

Over-the-range microwaves.

Stainless steel single-piece exhaust gas manifolds.

¹This draft manager’s amendment is not in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate, and then the bill must be approved (enacted) by the President.

(See ITT’s Online Archives or 07/12/10 news, 10071213, for previous BP summary of the draft manager’s amendment.)

(Amendment, posted July 7, 2010)