Details of the Senate-Passed Miscellaneous Trade and Technical Corrections Act
On March 4, 2004, the Senate passed its version of H.R. 1047, the "Miscellaneous Trade and Technical Corrections Act of 2003."
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Senator's "Hold" is Preventing House-Senate Conference
As the House and Senate have passed different versions of H.R. 1047, the next step would normally be a House-Senate conference to resolve differences between the two versions of the bill.
However, Congressional sources state that a Senator has placed a "hold" on the Senate's version of H.R. 1047 which prevents a House-Senate conference from being convened. (One source noted that this "hold" is currently anonymous.)
Congressional sources note that if this "hold" can be lifted, the Senate is expected to request a conference with the House to resolve the differences in their two versions of H.R. 1047. If resolved in this manner, each body would then pass the conference version of H.R. 1047, which would then be sent to the President for enactment.
This is Part IX of a multi-part series of summaries on the Senate-passed version of H.R. 1047 (H.R. 1047) and covers the remaining drawback-related provisions. See future issues for additional summaries on H.R. 1047.
Direct Identification Unused Merchandise Drawback for Insular Possessions (19 USC 1313)
H.R. 1047 would amend 19 USC 1313 by adding a new subsection (y) for articles shipped to U.S. insular possessions, which reads as follows:
For purposes of 19 USC 1313(j)(1), an article, other than an article classified in HTS Chapters 50-63, shall be eligible for drawback under this section if duty was paid on the article upon importation into the U.S. and the person claiming drawback demonstrates that the article has entered the customs territory of the U.S. Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Guam, Canton Island, Enderbury Island, Johnston Island, or Palmyra Island.
Deemed Liquidation for Drawback Claims (19 USC 1504)
H.R. 1047 would amend the provisions related to the limitation on liquidation (deemed liquidations) in 19 USC 1504 by renumbering 19 USC 1504 (a) to (a)(1) and adding new provisions (a)(2) and (a)(3) which would read as follows:
| Payments or refunds - Payment or refund of duties owed pursuant to paragraph (1) or (2) shall be made to the importer of record or drawback claimant, as the case may be, not later than 90 days after liquidation. |
H.R. 1047 would also make a number of conforming changes regarding deemed liquidation for drawback claims, as well as several clarifying changes, to proposed 19 USC 1504(a)(1) and current 19 USC 1504(b), 1504(c), and 1504(d).
(See ITT's Online Archives or 03/11/04, 03/12/04, 03/18/04, 03/19/04, 03/24/04, 04/01/04, 04/02/04, and 04/05/04 news, 04031105, 04031215, 04031820, 04031910, 04032415, 04040115, 04040205, and 04040520, for Parts I-VIII of this series of summaries on the Senate-passed version of H.R. 1047.)
Senate-passed version of H.R. 1047 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h1047eas.txt.pdf.