,,ii #aadth ,,congress #b;d ,session ,h4 ,r4 #dibc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bh1 #bjaf,received ,,an ,,act ,to establish a process for the submission and consideration of petitions for temporary duty suspensions and reductions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,american ,manufacturing ,competitiveness ,act of #bjaf4 #b4 ,sense of ,congress on the need for a miscellaneous tariff bill 7a7 ,findings ,congress makes the following findings3 7#a7 ,as of the date of the enactment of this ,act1 the ,harmonized ,tariff ,schedule of the ,united ,states imposes duties on imported goods for which there is no domestic availability or insufficient domestic availability4 7#b7 ,the imposition of duties on such goods creates artificial distortions in the economy of the ,united ,states that negatively affect ,united ,states manufacturers and consumers4 7#c7 ,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 goods4 7#d7 ,creating and maintaining an open and transparent process for consideration of petitions for duty suspensions and reductions builds confidence that the process is fair1 open to all1 and free of abuse4 7#e7 ,complying with the ,rules of the ,house of ,representatives and the ,senate1 in particular with clause #i of rule ,,xxi of the ,rules of the ,house of ,representatives and rule ,,xliv of the ,standing ,rules of the ,senate1 is essential to fostering and maintaining confidence in the process for considering a miscellaneous tariff bill4 7#f7 ,a miscellaneous tariff bill developed under this process will not contain any-- 7,a7 congressional earmarks or limited tax benefits within the meaning of clause #i of rule ,,xxi of the ,rules of the ,house of ,representatives2 or 7,b7 congressionally directed spending items or limited tax benefits within the meaning of rule ,,xliv of the ,standing ,rules of the ,senate4 7#g7 ,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 by an individual ,member of ,congress and will be fully vetted through a transparent and fair process free of abuse1 it is appropriate for ,congress to consider limited tariff benefits as part of that miscellaneous tariff bill as long as-- 7,a7 in the case of a miscellaneous tariff bill considered in the ,house of ,representatives1 consistent with the ,rules of the ,house of ,representatives1 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 bill1 or in the ,congressional ,record2 and 7,b7 in the case of a miscellaneous tariff bill considered in the ,senate1 consistent with the ,standing ,rules of the ,senate-- 7i7 such limited tariff benefits have been identified through lists1 charts1 or other similar means2 and 7ii7 the information identified in clause 7i7 has been available on a publicly accessible congressional website in a searchable format at least #dh 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 bill1 as the case may be4 7#h7 ,when the process set forth under paragraph 7#g7 is followed1 it is consistent with the letter and intent of the ,rules of the ,house of ,representatives and the ,senate and other related guidance4 7b7 ,sense of ,congress ,it is the sense of ,congress that1 to remove the competitive disadvantage to ,united ,states manufacturers and consumers and to promote the competitiveness of ,united ,states manufacturers1 ,congress should1 not later than #ij days after the ,united ,states ,international ,trade ,commission issues a final report on petitions for duty suspensions and reductions under section #c7;b77#c77;,e71 consider a miscellaneous tariff bill4 #c4 ,process for consideration of petitions for duty suspensions and reductions 7a7 ,purpose ,it is the purpose of this section to establish a process for the submission and consideration of petitions for duty suspensions and reductions4 7b7 ,requirements of commission 7#a7 ,initiation ,not later than ,october #ae1 #bjaf1 and ,october #ae1 #bjai1 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 #fj-;day period beginning on the date of such publication-- 7,a7 petitions for duty suspensions and reductions2 and 7,b7 ,commission disclosure forms with respect to such duty suspensions and reductions4 7#b7 ,content of petitions ,each petition for a duty suspension or reduction under paragraph 7#a77;,a7 shall include the following information3 7,a7 ,the name and address of the petitioner4 7,b7 ,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 reduction4 7,c7 ,a certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction4 7,d7 ,an article description for the proposed duty suspension or reduction to be included in the amendment to subchapter ,,ii of chapter #ii of the ,harmonized ,tariff ,schedule of the ,united ,states4 7,e7 ,to the extent available-- 7i7 a classification of the article for purposes of the amendment to subchapter ,,ii of chapter #ii of the ,harmonized ,tariff ,schedule of the ,united ,states2 7ii7 a classification ruling of ,u4,s4 ,customs and ,border ,protection with respect to the article2 and 7iii7 a copy of a ,u4,s4 ,customs and ,border ,protection entry summary indicating where the article is classified in the ,harmonized ,tariff ,schedule of the ,united ,states4 7,f7 ,a brief and general description of the article4 7,g7 ,a brief description of the industry in the ,united ,states that uses the article4 7,h7 ,an estimate of the total value1 in ,united ,states dollars1 of imports of the article for each of the #e calendar years after the calendar year in which the petition is filed1 including an estimate of the total value of such imports by the person who submits the petition and by any other importers1 if available4 7,i7 ,the name of each person that imports the article1 if available4 7,j7 ,a description of any domestic production of the article1 if available4 7,k7 ,such other information as the ,commission may require4 7#c7 ,review 7,a7 ,commission publication and public availability ,as soon as practicable after the expiration of the #fj-;day period specified in paragraph 7#a71 but in any case not later than #cj days after the expiration of such #fj-;day period1 the ,commission shall publish on a publicly available ,internet website of the ,commission-- 7i7 the petitions for duty suspensions and reductions submitted under paragraph 7#a77;,a7 that contain the information required under paragraph 7#b72 and 7ii7 the ,commission disclosure forms with respect to such duty suspensions and reductions submitted under paragraph 7#a77;,b74 7,b7 ,public comment 7i7 ,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 #de-;day period beginning on the date of publication described in subparagraph 7,a7 comments on-- 7,i7 the petitions for duty suspensions and reductions published by the ,commission under subparagraph 7,a77i72 and 7,,ii7 the ,commission disclosure forms with respect to such duty suspensions and reductions published by the ,commission under subparagraph 7,a77ii74 7ii7 ,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 7i74 7,c7 ,preliminary report 7i7 ,in general ,as soon as practicable after the expiration of the #abj-;day period beginning on the date of publication described in subparagraph 7,a71 but in any case not later than #cj days after the expiration of such #abj-;day period1 the ,commission shall submit to the appropriate congressional committees a preliminary report on the petitions for duty suspensions and reductions submitted under paragraph 7#a77;,a74 ,the preliminary report shall contain the following information with respect to each petition for a duty suspension or reduction3 7,i7 ,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 classified1 as identified by documentation supplied to the ,commission1 and any supporting information obtained by the ,commission4 7,,ii7 ,a determination of whether or not domestic production of the article that is the subject of the petition for the duty suspension or reduction exists1 taking into account the report of the ,secretary of ,commerce under subsection 7c77#a71 and1 if such production exists1 whether or not a domestic producer of the article objects to the duty suspension or reduction4 7,,iii7 ,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 importation1 taking into account the report of the ,secretary of ,commerce under subsection 7c77#b74 7,,iv7 ,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 effect4 7,v7 ,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 reduction4 7,,vi7 ,the likely beneficiaries of each duty suspension or reduction1 including whether the petitioner is a likely beneficiary4 7ii7 ,categories of information ,the preliminary report submitted under clause 7i7 shall also contain the following information3 7,i7 ,a list of petitions for duty suspensions and reductions that meet the requirements of this ,act without modifications4 7,,ii7 ,a list of petitions for duty suspensions and reductions for which the ,commission recommends technical corrections in order to meet the requirements of this ,act1 with the correction specified4 7,,iii7 ,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 ,act1 with the modification specified4 7,,iv7 ,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 petitions1 with the modifications specified4 7,v7 ,a list of the following3 7aa7 ,petitions for duty suspensions and reductions that the ,commission has determined do not contain the information required under paragraph 7#b74 7bb7 ,petitions for duty suspensions and reductions with respect to which the ,commission has determined the petitioner is not a likely beneficiary4 7,,vi7 ,a list of petitions for duty suspensions and reductions that the ,commission does not recommend for inclusion in a miscellaneous tariff bill1 other than petitions specified in subclause 7,v74 7,d7 ,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 7,,vi7 of subparagraph 7,c77ii7 of the preliminary report submitted under subparagraph 7,c7 to a list referred to in subclause 7,i71 7,,ii71 7,,iii71 or 7,,iv7 of subparagraph 7,c77ii74 7,e7 ,final report ,not later than #fj days after the date on which the preliminary report is submitted under subparagraph 7,c71 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 report4 ,the final report shall contain with respect to each such petition-- 7i7 the information required under clauses 7i7 and 7ii7 of subparagraph 7,c7 and updated as appropriate under subparagraph 7,d72 and 7ii7 a determination of the ,commission whether-- 7,i7 the duty suspension or reduction can likely be administered by ,u4,s4 ,customs and ,border ,protection2 7,,ii7 the estimated loss in revenue to the ,united ,states from the duty suspension or reduction does not exceed #ejj1jjj in a calendar year during which the duty suspension or reduction would be in effect2 and 7,,iii7 the duty suspension or reduction is available to any person importing the article that is the subject of the duty suspension or reduction4 7,f7 ,exclusions ,the appropriate congressional committees may exclude from a miscellaneous tariff bill any petition for a duty suspension or reduction that-- 7i7 is contained in any list referred to in subclause 7,i71 7,,ii71 7,,iii71 or 7,,iv7 of subparagraph 7,c77ii71 as updated as appropriate under subparagraph 7,e77i72 7ii7 is the subject of an objection from a ,member of ,congress2 or 7iii7 is for an article for which there is domestic production4 7,g7 ,estimates by the congressional budget office ,for purposes of reflecting the estimate of the ,congressional ,budget ,office1 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 reduction1 as estimated by the ,congressional ,budget ,office1 does not exceed #ejj1jjj in a calendar year during which the duty suspension or reduction would be in effect4 7,h7 ,prohibitions ,any petitions for duty suspensions or reductions that are contained in any list referred to in subclause 7,v7 or 7,,vi7 of subparagraph 7,c77ii71 as updated as appropriate under subparagraph 7,e77i71 or have not otherwise undergone the processes required by this ,act shall not be included in a miscellaneous tariff bill4 7#d7 ,confidential business information ,the procedures concerning the release of confidential business information set forth in section #ccb7;g7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accb7;g77 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 subsection4 7#e7 ,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 7b77#a77;,a74 7c7 ,department of ,commerce report ,not later than the end of the #ij-;day period beginning on the date of publication of the petitions for duty suspensions and reductions under subsection 7b77#c77;,a71 the ,secretary of ,commerce1 in consultation with ,u4,s4 ,customs and ,border ,protection and other relevant ,federal agencies1 shall submit to the ,commission and the appropriate congressional committees a report on each petition for a duty suspension or reduction submitted under subsection 7b77#a77;,a7 that includes the following information3 7#a7 ,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 and1 if such production exists1 whether or not a domestic producer of the article objects to the petition for the duty suspension or reduction4 7#b7 ,any technical changes to the article description that are necessary for purposes of administration when articles are presented for importation4 #d4 ,report on effects of duty suspensions and reductions on ,united ,states economy 7a7 ,in general ,not later than #ab months after the date of the enactment of a miscellaneous tariff bill1 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 ,act1 including a broad assessment of the economic effects of such duty suspensions and reductions on producers1 purchasers1 and consumers in the ,united ,states1 using case studies describing such effects on selected industries or by type of article as available data permit4 7b7 ,recommendations ,the ,commission shall also solicit and append to the report required under subsection 7a7 recommendations with respect to those domestic industry sectors or specific domestic industries that might benefit from permanent duty suspensions and reductions1 either through a unilateral action of the ,united ,states or though negotiations for reciprocal tariff agreements1 with a particular focus on inequities created by tariff inversions4 7c7 ,form of report ,each report required by this section shall be submitted in unclassified form1 but may include a classified annex4 #e4 ,publication of limited tariff benefits in the ,house of ,representatives and the ,senate 7a7 ,house of ,representatives 7#a7 ,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 or1 in a case where a miscellaneous tariff bill is not reported by the committee1 shall cause such a list to be printed in the appropriate section of the ,congressional ,record4 7#b7 ,limited tariff benefit defined ,for purposes of this subsection and consistent with clause #i of rule ,,xxi of the ,rules of the ,house of ,representatives1 as in effect during the ,one ,hundred ,fourteenth ,congress1 the term limited tariff benefit means a provision modifying the ,harmonized ,tariff ,schedule of the ,united ,states in a manner that benefits #aj or fewer entities4 7b7 ,senate 7#a7 ,in general ,the chairman of the ,committee on ,finance of the ,senate1 the ,majority ,leader of the ,senate1 or the designee of the ,majority ,leader of the ,senate1 shall provide for the publication in the ,congressional ,record of a certification that-- 7,a7 each limited tariff benefit contained in a miscellaneous tariff bill considered in the ,senate has been identified through lists1 charts1 or other similar means2 and 7,b7 the information identified in subparagraph 7,a7 has been available on a publicly accessible congressional website in a searchable format at least #dh 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 bill1 as the case may be4 7#b7 ,satisfaction of ,senate rules ,publication of a certification in the ,congressional ,record under paragraph 7#a7 satisfies the certification requirements of paragraphs #a7;a71 #b7;a71 and #c7;a7 of rule ,,xliv of the ,standing ,rules of the ,senate4 7#c7 ,limited tariff benefit defined ,for purposes of this subsection and consistent with rule ,,xliv of the ,standing ,rules of the ,senate1 as in effect during the ,one ,hundred ,fourteenth ,congress1 the term limited tariff benefit means a provision modifying the ,harmonized ,tariff ,schedule of the ,united ,states in a manner that benefits #aj or fewer entities4 7c7 ,enactment as exercise of rulemaking power of ,house of ,representatives and ,senate ,this section is enacted by ,congress-- 7#a7 as an exercise of the rulemaking power of the ,house of ,representatives and the ,senate1 respectively1 and as such are deemed a part of the rules of each ,house1 respectively1 and such procedures supersede other rules only to the extent that they are inconsistent with such other rules2 and 7#b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #f4 ,judicial review precluded ,the exercise of functions under this ,act shall not be subject to judicial review4 #g4 ,definitions ,in this ,act3 7#a7 ,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 ,senate4 7#b7 ,commission ,the term ,commission means the ,united ,states ,international ,trade ,commission4 7#c7 ,commission disclosure form ,the term ,commission disclosure form means1 with respect to a petition for a duty suspension or reduction1 a document submitted by a petitioner to the ,commission that contains the following3 7,a7 ,the contact information for any known importers of the article to which the proposed duty suspension or reduction would apply4 7,b7 ,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 apply4 7,c7 ,a certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction4 7#d7 ,domestic producer ,the term domestic producer means a person that demonstrates production1 or imminent production1 in the ,united ,states of an article that is identical to1 or like or directly competitive with1 an article to which a petition for a duty suspension or reduction would apply4 7#e7 ,domestic production ,the term domestic production means the production of an article that is identical to1 or like or directly competitive with1 an article to which a petition for a duty suspension or reduction would apply1 for which a domestic producer has demonstrated production1 or imminent production1 in the ,united ,states4 7#f7 ,duty suspension or reduction ,the term duty suspension or reduction refers to an amendment to subchapter ,,ii of chapter #ii of the ,harmonized ,tariff ,schedule of the ,united ,states for a period not to exceed #c years that-- 7,a7 extends an existing temporary duty suspension or reduction on an article under that subchapter2 or 7,b7 provides for a new temporary duty suspension or reduction on an article under that subchapter4 7#g7 ,likely beneficiary ,the term likely beneficiary means an individual or entity likely to utilize1 or benefit directly from the utilization of1 an article that is the subject of a petition for a duty suspension or reduction4 7#h7 ,member of ,congress ,the term ,member of ,congress means a ,senator or ,representative in1 or ,delegate or ,resident ,commissioner to1 ,congress4 7#i7 ,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-- 7,a7 are included in the final report of the ,commission submitted to the appropriate congressional committees under section #c7;b77#c77;,e71 except for-- 7i7 petitions for duty suspensions or reductions that the ,commission has determined do not contain the information required under section #c7;b77#b72 7ii7 petitions for duty suspensions and reductions with respect to which the ,commission has determined the petitioner is not a likely beneficiary2 and 7iii7 petitions for duty suspensions and reductions that the ,commission does not recommend for inclusion in the miscellaneous tariff bill2 7,b7 are not excluded under section #c7;b77#c77;,f72 and 7,c7 otherwise meet the applicable requirements of this ,act4 ,passed the ,house of ,representatives ,april #bg1 #bjaf4,karen ,l4 ,haas1,clerk