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106th CONGRESS
2d Session
S. 2694
To amend section 313 of the Tariff Act of 1930 to make certain products
eligible for drawback and to simplify and clarify certain drawback
provisions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 8, 2000
Mr. Murkowski introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend section 313 of the Tariff Act of 1930 to make certain products
eligible for drawback and to simplify and clarify certain drawback
provisions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. UNUSED MERCHANDISE DRAWBACK.
(a) In General.--Section 313(j) of the Tariff Act of 1930 (19
U.S.C. 1313(j)) is amended--
(1) in paragraph (1), by striking ``because of its'' and
inserting ``upon entry or'';
(2) in paragraph (2), by striking ``because of its'' and
inserting ``upon entry or''; and
(3) by adding at the end the following new paragraph:
``(5) No prior notification of intent to export is required
to be provided to the Customs Service for any exports under
this subsection.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, and shall apply to
drawback claims filed on or after such date and to drawback entries
filed before that date if the liquidation of the entry is not final on
such date.
SEC. 2. REFUNDS, WAIVERS, OR REDUCTIONS UNDER THE NORTH AMERICAN FREE
TRADE AGREEMENT IMPLEMENTATION ACT.
(a) In General.--Section 313(n)(2) of the Tariff Act of 1930 (19
U.S.C. 1313(n)(2)) is amended by striking ``(p),''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of enactment of this Act, and shall apply to
drawback claims filed on or after that date.
SEC. 3. SUBSTITUTION OF FINISHED PETROLEUM DERIVATIVES.
(a) In General.--Section 313(p)(3)(A)(i)(I) of the Tariff Act of
1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is amended by inserting ``2709,''
after ``2708,'' and by striking ``2901, 2902, and 2909.19.14'' and
inserting ``2901 through 2917, and 3811''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, and shall apply to
drawback claims filed on or after such date and to drawback entries
made before such date if the liquidation of the entry is not final on
such date.
SEC. 4. ALTERNATIVE METHODS FOR DETERMINING SAME KIND AND QUALITY AND
COMMERCIAL INTERCHANGEABILITY UNDER SECTION 313 OF THE
TARIFF ACT OF 1930.
(a) In General.--Section 313 of the Tariff Act of 1930 (19 U.S.C.
1313) is amended by adding at the end the following new subsection:
``(x) Alternative Methods for Determining Same Kind and Quality and
Commercial Interchangeability.--
``(1) In general.--For purposes of subsections (b), (j)(2),
and (y), any other merchandise is deemed to be of the same kind
and quality as, or commercially interchangeable with, the
imported merchandise against which drawback is claimed if the
other merchandise and the imported merchandise meet any two of
the following criteria, selected at the discretion of the
manufacturer or drawback claimant:
``(A) Both the imported merchandise and the other
merchandise meet the same United States Government
standard.
``(B) Both the imported merchandise and the other
merchandise meet the same standard recognized by an
independent standards organization or a United States
manufacturers' or producers' industry trade group.
``(C) Both the imported merchandise and the other
merchandise are classified under the same 8-digit
subheading of the Harmonized Tariff Schedule of the
United States.
``(D) Both the imported merchandise and the other
merchandise have the same merchandise identifier, such
as a part number, product code number, or catalog
number, with allowance permitted for variations in such
number identifiers reflecting differences such as
color, packaging, or container size.
``(2) Other criteria.--Notwithstanding paragraph (1),
nothing in this section shall prohibit the drawback claimant
from submitting evidence to enable the Customs Service to make
a determination that the other merchandise is of the same kind
and quality as, or is commercially interchangeable with, the
imported merchandise.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of enactment of this Act, and shall apply to
drawback claims filed on or after such date and to drawback entries
filed before such date if the liquidation of the entry is not final on
such date.
SEC. 5. DRAWBACK UNDER NAFTA.
(a) In General.--Section 313 of the Tariff Act of 1930 (19 U.S.C.
1313), as amended by section 4, is amended by adding at the end the
following new subsection:
``(y) Drawback Under NAFTA.--For purposes of section 203(a)(2) of
the North American Free Trade Agreement Implementation Act, a drawback
claimant or any other person may designate for drawback any imported
merchandise on which duty was paid that was entered, or withdrawn from
warehouse for consumption, within one year prior to the date on which
any commercially interchangeable merchandise was exported, if the
exported merchandise does not receive preference under the North
American Free Trade Agreement.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of enactment of this Act, and shall apply to
drawback claims filed on or after such date and to drawback entries
filed before such date if the liquidation of the entry is not final on
such date.
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