International Trade Today is a Warren News publication.

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."

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

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 the 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 currently is preventing a House-Senate conference from being convened.

This is Part XV, the final part of a multi-part series of summaries on the Senate-passed version of H.R. 1047 (H.R. 1047) and highlights the proposed new and extended duty suspensions and reductions, liquidations/reliquidations of specified entries, etc.

New Temporary Chapter 99 Duty Suspension/Reduction Provisions Proposed

A number of new, temporary Harmonized Tariff Schedule (HTS) Chapter 99 duty suspension or duty reduction provisions are contained in H.R. 1047. Most of these new provisions would provide for a free rate of duty through December 31, 2006. Products that are other thanchemical products include:

Acrylic Fiber Tow
Certain Power Weaving Textile Machinery
Certain Ink-Jet Textile Printing Machinery
Combed Cashmere and Camel Hair Yarn
Certain Rayon Filament Yarn
Certain Textile Machinery
Certain 12-Volt Batteries
Certain Children's ProductsLow Expansion Laboratory Glass
Cases for Certain Children's ProductsCertain Rubber Riding Boots
Certain Prepared or Preserved ArtichokesThermal Release Plastic Film
Night Vision Monoculars
Certain Sawing Machines
Certain Shearing Machines
Necks Used in Cathode Ray Tubes
Certain Refracting and Reflecting Telescopes
Hand-held radio scanners
Mobile and base radio scanners (both with and without a clock)

Certain manufacturing equipment

Extension of Existing Chapter 99 Temporary Duty Suspension/Reduction Provisions Proposed

In addition, the bill's provisions would extend and/or amend existing duty suspensions or duty reductions in HTS Chapter 99, which mostly affect chemical products; however, certain cathode-ray tubes and railways cars are also listed in this section. The extensions in this section would be effective through December 31, 2006.

Provisions for the Liquidation or Reliquidation of Certain Entries

H.R. 1047 would liquidate or reliquidate certain specified entries upon request, and refund any amounts owed/and or excess duties with interest as applicable, of the following articles (see text of H.R. 1047 for affected entry numbers and specific requirements, etc.):

Cotton gloves - 32 entries of cotton gloves entered during the 1994-2000 period that were classified at the time of original liquidation in HTS 6116.92.64 or 6116.92.74, so that they may be reliquidated under HTS 6116.92.88 at the rate of duty then applicable.

13 inch televisions - 109 entries entered during the 1998-2000 period, if they contain 13 inch televisions that were classified at the time of original liquidation under various subheadings of HTS 8528 or HTS 8540, for which no duty or a lesser duty would have been due if the amendments made by Section 1003 of the Miscellaneous Trade and Technical Corrections Act of 1999 had applied to such entry or withdrawal.

(See ITT's Online Archives or 08/25/99 news, 99082473 for BP summary of Customs' instructions on the 1999 Act's lower duty rates for 13" TVs.)

Posters. 67 entries entered during the 1999-2001 period, if they contain any posters that were classified at the time of original liquidation under HTS 4911.91.20, so they can be liquidated or reliquidated at the HTS 4911.91.40 rate of duty that would have been applicable on the date of entry.

H.R. 1047 would also relieve the importers of record for 41 of those entries of any excess duties, penalties, or fines associated with the excess duties.

Vanadium carbides and vanadium carbonitride. 56 entries entered during the 1999-2000 period, if they contain vanadium carbides and vanadium carbonitride that was classified at the time of entry or release from warehouse for consumption under HTS 2849.90.50 so that they can be liquidated or reliquidated at the HTS 2849.90.50 special rate of duty that would have been applicable for the date of entry, without regard to the country of origin of such merchandise.

Televisions subject to antidumping (AD) duties. 109 entries of televisions entered during the 1983-1986 period, so they can be liquidated or reliquidated at certain specified AD duty rates.

Roller chain. 151 entries of roller chain entered during the 1981-1997 period so that they could be liquidated or reliquidated without assessment of AD duties or interest, and AD duties or interest previously paid could be refunded.

Tomato sauce preparation. Hundreds of entries entered during the 1989-1996 period, if they contain tomato sauce preparation, that was classified at the time of original liquidation under HTS 2002.10.00, so that the entry may be liquidated or reliquidated at the rate of duty that would have been applicable if the merchandise had been liquidated or reliquidated under HTS 2103.90.60 or 2103.90.90 (whichever is applicable) on the date of entry.

Other Entries to be Liquidated/ReliquidatedEntry Dates of Entries
Tramway cars20021
Liberty Bell replican/an/a
Drawback entries relating to juices1993-19942
Steel wire rope1998-19998
Entries subject to AD/CV liquidated in error1994-199997
Entries that should receive Col. 1 General rates1995-199698
Railway passenger coaches20021

(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, 04/05/04, 04/06/04, 04/16/04, 04/20/04, 04/21/04, 04/22/04, and 04/23/04 news, 04031105, 04031215, 04031820, 04031910, 04032415, 04040115, 04040205, 04040520, 04040620, 04041625, 04042020, 04042120, 04042235, and 04042330, for Parts I-XIV.)

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.