,,ii  #aahth ,,congress  #ast ,session  
,s4 #bigi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bh 
7legislative day1 ,september #bb71      
#bjbc,mr4 ,cassidy introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,finance 
,a ,,bill  ,to increase the rate of duty
 on shrimp originating from ,india1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,india   
,shrimp ,tariff ,act4  #b4 ,definitions 
,in this ,act3 7#a7 ,,gatt#aidg2 ,,gatt 
#aiid ,the terms ,,gatt #aidg and ,,gatt
 #aiid have the meanings given those    
terms in section #b of the ,uruguay     
,round ,agreements ,act 7#ai ,u4,s4,c4  
#ceja74  7#b7 ,,hts ,the term ,,hts     
means the ,harmonized ,tariff ,schedule 
of the ,united ,states4  7#c7 ,national 
,trade ,estimate ,the term ,national    
,trade ,estimate means the report       
required to be submitted by the ,united 
,states ,trade ,representative under    
section #aha7;b7 of the ,trade ,act of  

#aigd 7#ai ,u4,s4,c4 #bbda7;b774  7#d7  
,schedule of concessions ,the term      
,schedule of ,concessions has the       
meaning given the term ,schedule ,,xx in
 section #b of the ,uruguay ,round      
,agreements ,act 7#ai ,u4,s4,c4 #ceja74 
7#e7 ,world ,trade ,organization ,the   
term ,world ,trade ,organization means  
the organization established pursuant to
 the ,,wto ,agreement1 as defined in    
section #b of the ,uruguay ,round       
,agreements ,act 7#ai ,u4,s4,c4 #ceja74 
#c4 ,sense of ,congress on the need to  
phase-in a duty increase for shrimp from
 ,india  7a7 ,findings ,congress makes  
the following findings3 7#a7 ,the       
,united ,states has a grand tradition of
 shrimp production1 but domestic        
producers are forced to compete in a    
wide open market while exports from     
,india are heavily subsidized and       
protected4  7#b7 ,according to the      
,national ,trade ,estimate in #bjbc1    
,india's bound tariff rates on          
agricultural products are among the     

highest in the world1 averaging #aac4a  
percent and ranging as high as #cjj4j   
percent44  7#c7 ,india's basic duty on  
shrimp is #cj percent4  7#d7 ,the       
,national ,trade ,estimate also records 
that since #bjah1 ,india has applied an 
additional #aj percent social welfare   
surcharge on imports1 assessed on the   
value of its existing high duties1 which
 includes shrimp4  7#e7 ,wild-caught and
 farm-raised shrimp from the ,united    
,states now account for less than #aj   
percent of shrimp consumption in the    
,united ,states4  7#f7 ,shrimp          
production overseas is able to undercut 
the costs of shrimp produced in the     
,united ,states due to poor worker and  
environmental protections4  7#g7 ,shrimp
 imports from ,india consist almost     
entirely of farm-raised aquaculture     
shrimp1 as the importation of           
wild-caught shrimp from ,india remains  
prohibited due to the failure of ,indian
 fisheries to meet the certification    
requirements under section #fji7;b77#b7 

of the ,departments of ,commerce1       
,justice1 and ,state1 the ,judiciary1   
and ,related ,agencies ,appropriations  
,act1 #aiij 7,public ,law #aja-afb2 #af 
,u4,s4,c4 #aecg note74  7#h7 ,according 
to ,seafood ,watch1 ,india's farmed     
shrimp industry has expanded rapidly    
since #bjad and faces challenges with   
disease outbreaks1 health management1   
farm registration1 and data             
availability44  7#i7 ,the ,united       
,states has taken a lax approach to     
inspecting imported shrimp1 with only   
#j4a percent of shipments being         
inspected for unsafe drug residues4     
,despite that low inspection rate1 every
 year1 shipments of shrimp from ,india  
are refused due to testing by the ,food 
and ,drug ,administration for banned    
antibiotics4  7#aj7 ,during the #bj-year
 period preceding the date of the       
enactment of this ,act1 shrimp producers
 in the ,united ,states have paid a     
tremendous cost to litigate trade remedy
 laws to defend against predatory       

pricing and illegal subsidies from      
,indian shrimp imports4  7#aa7 ,the     
,dispute ,settlement ,body of the ,world
 ,trade ,organization has limited the   
effectiveness of trade remedy laws of   
the ,united ,states in relation to      
shrimp imports from ,india and as a     
result1 tens of millions of dollars in  
antidumping duties go uncollected by    
,u4,s4 ,customs and ,border ,protection4
  7#ab7 ,the ,united ,states rate of    
duty for warm-water shrimp1 set under   
subheadings #jcjf4ag1 #afje4ba1 and     
#afje4bi of the ,,hts1 is set to free in
 both the column #a and column #b rate  
of duty columns1 meaning there is no    
duty owed for the entire world absent a 
trade remedy order4  7#ac7 ,the ,united 
,states rate of duty for preserved or   
frozen shrimp1 in a product containing  
fish meat or prepared meals1 is #e      
percent1 but waived under the           
,generalized ,system of ,preferences    
under title ,v of the ,trade ,act of    
#aigd 7#ai ,u4,s4,c4 #bdfa et seq47 and 

all relevant ,united ,states free trade 
agreements under the column #a special  
rate of duty column of the ,,hts4  7#ad7
 ,maintaining a #j percent tariff on    
shrimp under both column #a and column  
#b of the ,,hts negates any benefits1   
including increased environmental and   
worker rights protections1 stemming from
 preferential tariff programs or free   
trade agreements4  7#ae7 ,india         
maintains a base customs duty for shrimp
 of #cj percent1 before applying an     
additional #aj percent social welfare   
surcharge - special duty4  7b7 ,sense of
 ,congress ,it is the sense of ,congress
 that phasing in an increased duty for  
shrimp originating from ,india is       
prudent and necessary to safeguard      
sustainable harvesting of shrimp in the 
,united ,states and from free trade     
agreement partners of the ,united       
,states1 and would enhance the trade and
 development goals of the tariff        
preference programs of the ,united      
,states4  #d4 ,treatment of shrimp from 

,india  7a7 ,phase-,in of duty increase 
7#a7 ,calendar year #bjbd ,effective on 
,january #a1 #bjbd1 subheadings         
#jcjf4af4jj1 #jcjf4ag4jj1 #jcjf4ce1     
#jcjf4cf1 #jcjf4ie1 #afje4ba1 and       
#afje4bi of the ,,hts shall be applied  
and administered with respect to imports
 from ,india-- 7,a7 in the column #a    
general rate of duty column1 by         
substituting #aj for the rate of duty   
otherwise applicable2 and  7,b7 in the  
column #b rate of duty column1 by       
substituting #be_/kg for the rate of    
duty otherwise applicable4  7#b7        
,calendar year #bjbe ,effective on      
,january #a1 #bjbe1 subheadings         
#jcjf4af4jj1 #jcjf4ag4jj1 #jcjf4ce1     
#jcjf4cf1 #jcjf4ie1 #afje4ba1 and       
#afje4bi of the ,,hts shall be applied  
and administered with respect to imports
 from ,india-- 7,a7 in the column #a    
general rate of duty column1 by         
substituting #bj for the rate of duty   
otherwise applicable2 and  7,b7 in the  
column #b rate of duty column1 by       

substituting #ej_/kg for the rate of    
duty otherwise applicable4  7#c7        
,calendar year #bjbf and thereafter     
,effective on ,january #a1 #bjbf1       
subheadings #jcjf4af4jj1 #jcjf4ag4jj1   
#jcjf4ce1 #jcjf4cf1 #jcjf4ie1 #afje4ba1 
and #afje4bi of the ,,hts shall be      
applied and administered with respect to
 imports from ,india-- 7,a7 in the      
column #a general rate of duty column1  
by substituting #dj for the rate of duty
 otherwise applicable2 and  7,b7 in the 
column #b rate of duty column1 by       
substituting #a_/kg for the rate of duty
 otherwise applicable4  7b7 ,customs    
valuation ,notwithstanding section #djb 
of the ,tariff ,act of #aicj 7#ai       
,u4,s4,c4 #adja;a71 or any other        
provision of law1 shrimp imported into  
the ,united ,states from ,india shall be
 appraised1 for purposes of that ,act1  
as not less than the average of ,united 
,states ex-vessel shrimp prices as of   
the date of exportation4  #e4 ,country  
of origin labeling for cooked shrimp and

 crawfish  7a7 ,in general ,section     
#bha7g77;,b7 of the ,agricultural       
,marketing ,act of #aidf 7#g ,u4,s4,c4  
#afch7g77;,b77 is amended-- 7#a7 by     
striking the period at the end and      
inserting 2 and2  7#b7 by striking      
includes a fillet and inserting         
8includes--  7i7 a fillet  2 and  7#c7  
by adding at the end the following3     
7ii7 whole cooked shrimp and crawfish   
and cooked shrimp and crawfish sections4
  4  7b7 ,modification of definition of 
processed food item ,the ,secretary of  
,agriculture shall modify section       
#fj4aai of title #g1 ,code of ,federal  
,regulations 7or successor regulations71
 to ensure that cooked shrimp1 cooked   
crawfish1 cooked shrimp sections1 and   
cooked crawfish sections are not        
considered processed food items for     
purposes of that section4  #f4          
,modification of schedule of concessions
 to ,,gatt #aiid ,with due regard for   
the international obligations of the    
,united ,states1 particularly ,article  

,,xxxviii of the ,,gatt #aidg requiring 
any suspension of trade agreement       
concessions to be made on a most-favored
 nation basis1 the ,united ,states      
,trade ,representative shall take the   
necessary steps to modify the ,schedule 
of ,concessions to accommodate the      
increase in the rate of duty applicable 
to shrimp from ,india under section #d4