American Manufacturing Competitiveness Act

PUBLIC LAW 114–159—MAY 20, 2016

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AMERICAN MANUFACTURING
COMPETITIVENESS ACT OF 2016

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130 STAT. 396

PUBLIC LAW 114–159—MAY 20, 2016

Public Law 114–159
114th Congress
An Act
May 20, 2016
[H.R. 4923]
American
Manufacturing
Competitiveness
Act of 2016.
19 USC 1332
note.

To establish a process for the submission and consideration of petitions for temporary
duty suspensions and reductions, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘American Manufacturing
Competitiveness Act of 2016’’.

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SEC. 2. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS
TARIFF BILL.

(a) FINDINGS.—Congress makes the following findings:
(1) As of the date of the enactment of this Act, the Harmonized Tariff Schedule of the United States imposes duties
on imported goods for which there is no domestic availability
or insufficient domestic availability.
(2) The imposition of duties on such goods creates artificial
distortions in the economy of the United States that negatively
affect United States manufacturers and consumers.
(3) 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 goods.
(4) Creating and maintaining an open and transparent
process for consideration of petitions for duty suspensions and
reductions builds confidence that the process is fair, open to
all, and free of abuse.
(5) Complying with the Rules of the House of Representatives and the Senate, in particular with clause 9 of rule XXI
of the Rules of the House of Representatives and rule XLIV
of the Standing Rules of the Senate, is essential to fostering
and maintaining confidence in the process for considering a
miscellaneous tariff bill.
(6) A miscellaneous tariff bill developed under this process
will not contain any—
(A) congressional earmarks or limited tax benefits
within the meaning of clause 9 of rule XXI of the Rules
of the House of Representatives; or
(B) congressionally directed spending items or limited
tax benefits within the meaning of rule XLIV of the
Standing Rules of the Senate.
(7) 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

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PUBLIC LAW 114–159—MAY 20, 2016

130 STAT. 397

by an individual Member of Congress and will be fully vetted
through a transparent and fair process free of abuse, it is
appropriate for Congress to consider limited tariff benefits as
part of that miscellaneous tariff bill as long as—
(A) in the case of a miscellaneous tariff bill considered
in the House of Representatives, consistent with the Rules
of the House of Representatives, 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 bill, or in the Congressional Record; and
(B) in the case of a miscellaneous tariff bill considered
in the Senate, consistent with the Standing Rules of the
Senate—
(i) such limited tariff benefits have been identified
through lists, charts, or other similar means; and
(ii) the information identified in clause (i) has been
available on a publicly accessible congressional website
in a searchable format at least 48 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 bill, as the case may be.
(8) When the process set forth under paragraph (7) is
followed, it is consistent with the letter and intent of the
Rules of the House of Representatives and the Senate and
other related guidance.
(b) SENSE OF CONGRESS.—It is the sense of Congress that,
to remove the competitive disadvantage to United States manufacturers and consumers and to promote the competitiveness of United
States manufacturers, Congress should, not later than 90 days
after the United States International Trade Commission issues
a final report on petitions for duty suspensions and reductions
under section 3(b)(3)(E), consider a miscellaneous tariff bill.

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SEC. 3. PROCESS FOR CONSIDERATION OF PETITIONS FOR DUTY
SUSPENSIONS AND REDUCTIONS.

(a) PURPOSE.—It is the purpose of this section to establish
a process for the submission and consideration of petitions for
duty suspensions and reductions.
(b) REQUIREMENTS OF COMMISSION.—
(1) INITIATION.—Not later than October 15, 2016, and
October 15, 2019, 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 60-day period beginning on the date of such publication—
(A) petitions for duty suspensions and reductions; and
(B) Commission disclosure forms with respect to such
duty suspensions and reductions.
(2) CONTENT OF PETITIONS.—Each petition for a duty
suspension or reduction under paragraph (1)(A) shall include
the following information:
(A) The name and address of the petitioner.

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Deadline.
Federal Register,
publication.
Web posting.
Public
information.
Notice.
Time period.
Effective date.

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130 STAT. 398

Certification.

Records.

Estimate.
Time period.

Deadline.
Web posting.

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Federal Register,
publication.
Public
information.
Web posting.
Notice.
Time period.
Effective date.

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PUBLIC LAW 114–159—MAY 20, 2016
(B) 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 reduction.
(C) A certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction.
(D) An article description for the proposed duty suspension or reduction to be included in the amendment to
subchapter II of chapter 99 of the Harmonized Tariff
Schedule of the United States.
(E) To the extent available—
(i) a classification of the article for purposes of
the amendment to subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States;
(ii) a classification ruling of U.S. Customs and
Border Protection with respect to the article; and
(iii) a copy of a U.S. Customs and Border Protection
entry summary indicating where the article is classified in the Harmonized Tariff Schedule of the United
States.
(F) A brief and general description of the article.
(G) A brief description of the industry in the United
States that uses the article.
(H) An estimate of the total value, in United States
dollars, of imports of the article for each of the 5 calendar
years after the calendar year in which the petition is filed,
including an estimate of the total value of such imports
by the person who submits the petition and by any other
importers, if available.
(I) The name of each person that imports the article,
if available.
(J) A description of any domestic production of the
article, if available.
(K) Such other information as the Commission may
require.
(3) REVIEW.—
(A) COMMISSION PUBLICATION AND PUBLIC AVAILABILITY.—As soon as practicable after the expiration of
the 60-day period specified in paragraph (1), but in any
case not later than 30 days after the expiration of such
60-day period, the Commission shall publish on a publicly
available Internet website of the Commission—
(i) the petitions for duty suspensions and reductions submitted under paragraph (1)(A) that contain
the information required under paragraph (2); and
(ii) the Commission disclosure forms with respect
to such duty suspensions and reductions submitted
under paragraph (1)(B).
(B) PUBLIC COMMENT.—
(i) 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 45-day period beginning on the date of
publication described in subparagraph (A) comments
on—

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PUBLIC LAW 114–159—MAY 20, 2016

130 STAT. 399

(I) the petitions for duty suspensions and
reductions published by the Commission under
subparagraph (A)(i); and
(II) the Commission disclosure forms with
respect to such duty suspensions and reductions
published by the Commission under subparagraph
(A)(ii).
(ii) 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 (i).
(C) PRELIMINARY REPORT.—
(i) IN GENERAL.—As soon as practicable after the
expiration of the 120-day period beginning on the date
of publication described in subparagraph (A), but in
any case not later than 30 days after the expiration
of such 120-day period, the Commission shall submit
to the appropriate congressional committees a preliminary report on the petitions for duty suspensions and
reductions submitted under paragraph (1)(A). The
preliminary report shall contain the following information with respect to each petition for a duty suspension
or reduction:
(I) 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 classified,
as identified by documentation supplied to the
Commission, and any supporting information
obtained by the Commission.
(II) 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, taking into account the report
of the Secretary of Commerce under subsection
(c)(1), and, if such production exists, whether or
not a domestic producer of the article objects to
the duty suspension or reduction.
(III) 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 importation,
taking into account the report of the Secretary
of Commerce under subsection (c)(2).
(IV) 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 effect.
(V) 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 reduction.
(VI) The likely beneficiaries of each duty
suspension or reduction, including whether the
petitioner is a likely beneficiary.

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Notice.
Federal Register,
publication.
Public
information.
Web posting.

Determination.

Estimate.

Determination.

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130 STAT. 400

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Lists.
Recommendations.

Determination.

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PUBLIC LAW 114–159—MAY 20, 2016
(ii) CATEGORIES OF INFORMATION.—The preliminary report submitted under clause (i) shall also contain the following information:
(I) A list of petitions for duty suspensions and
reductions that meet the requirements of this Act
without modifications.
(II) A list of petitions for duty suspensions
and reductions for which the Commission recommends technical corrections in order to meet
the requirements of this Act, with the correction
specified.
(III) 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
Act, with the modification specified.
(IV) 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 petitions,
with the modifications specified.
(V) A list of the following:
(aa) Petitions for duty suspensions and
reductions that the Commission has determined do not contain the information required
under paragraph (2).
(bb) Petitions for duty suspensions and
reductions with respect to which the Commission has determined the petitioner is not a
likely beneficiary.
(VI) A list of petitions for duty suspensions
and reductions that the Commission does not recommend for inclusion in a miscellaneous tariff bill,
other than petitions specified in subclause (V).
(D) 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 (VI) of subparagraph (C)(ii) of the preliminary report submitted under subparagraph (C) to a list
referred to in subclause (I), (II), (III), or (IV) of subparagraph (C)(ii).
(E) FINAL REPORT.—Not later than 60 days after the
date on which the preliminary report is submitted under
subparagraph (C), 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 report. The final report shall contain with
respect to each such petition—
(i) the information required under clauses (i) and
(ii) of subparagraph (C) and updated as appropriate
under subparagraph (D); and
(ii) a determination of the Commission whether—

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PUBLIC LAW 114–159—MAY 20, 2016

130 STAT. 401

(I) the duty suspension or reduction can likely
be administered by U.S. Customs and Border
Protection;
(II) the estimated loss in revenue to the United
States from the duty suspension or reduction does
not exceed $500,000 in a calendar year during
which the duty suspension or reduction would be
in effect; and
(III) the duty suspension or reduction is available to any person importing the article that is
the subject of the duty suspension or reduction.
(F) EXCLUSIONS.—The appropriate congressional
committees may exclude from a miscellaneous tariff bill
any petition for a duty suspension or reduction that—
(i) is contained in any list referred to in subclause
(I), (II), (III), or (IV) of subparagraph (C)(ii), as updated
as appropriate under subparagraph (E)(i);
(ii) is the subject of an objection from a Member
of Congress; or
(iii) is for an article for which there is domestic
production.
(G) ESTIMATES BY THE CONGRESSIONAL BUDGET
OFFICE.—For purposes of reflecting the estimate of the
Congressional Budget Office, 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 reduction, as estimated by
the Congressional Budget Office, does not exceed $500,000
in a calendar year during which the duty suspension or
reduction would be in effect.
(H) PROHIBITIONS.—Any petitions for duty suspensions
or reductions that are contained in any list referred to
in subclause (V) or (VI) of subparagraph (C)(ii), as updated
as appropriate under subparagraph (E)(i), or have not
otherwise undergone the processes required by this Act
shall not be included in a miscellaneous tariff bill.
(4) CONFIDENTIAL BUSINESS INFORMATION.—The procedures
concerning the release of confidential business information set
forth in section 332(g) of the Tariff Act of 1930 (19 U.S.C.
1332(g)) 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 subsection.
(5) 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 (b)(1)(A).
(c) DEPARTMENT OF COMMERCE REPORT.—Not later than the
end of the 90-day period beginning on the date of publication
of the petitions for duty suspensions and reductions under subsection (b)(3)(A), the Secretary of Commerce, in consultation with
U.S. Customs and Border Protection and other relevant Federal
agencies, shall submit to the Commission and the appropriate
congressional committees a report on each petition for a duty

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Estimate.

Procedures.
Applicability.

Federal Register,
publication.
Public
information.
Web posting.
Time period.
Effective date.

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130 STAT. 402

Determination.

PUBLIC LAW 114–159—MAY 20, 2016

suspension or reduction submitted under subsection (b)(1)(A) that
includes the following information:
(1) 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 and, if such production exists,
whether or not a domestic producer of the article objects to
the petition for the duty suspension or reduction.
(2) Any technical changes to the article description that
are necessary for purposes of administration when articles are
presented for importation.
SEC. 4. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND REDUCTIONS ON UNITED STATES ECONOMY.

(a) IN GENERAL.—Not later than 12 months after the date
of the enactment of a miscellaneous tariff bill, 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 Act, including a broad
assessment of the economic effects of such duty suspensions and
reductions on producers, purchasers, and consumers in the United
States, using case studies describing such effects on selected industries or by type of article as available data permit.
(b) RECOMMENDATIONS.—The Commission shall also solicit and
append to the report required under subsection (a) recommendations
with respect to those domestic industry sectors or specific domestic
industries that might benefit from permanent duty suspensions
and reductions, either through a unilateral action of the United
States or though negotiations for reciprocal tariff agreements, with
a particular focus on inequities created by tariff inversions.
(c) FORM OF REPORT.—Each report required by this section
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 5. PUBLICATION OF LIMITED TARIFF BENEFITS IN THE HOUSE
OF REPRESENTATIVES AND THE SENATE.
List.
Reports.

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Congressional
Record,
publication.
Certification.

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(a) HOUSE OF REPRESENTATIVES.—
(1) 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 or, in a case where
a miscellaneous tariff bill is not reported by the committee,
shall cause such a list to be printed in the appropriate section
of the Congressional Record.
(2) LIMITED TARIFF BENEFIT DEFINED.—For purposes of this
subsection and consistent with clause 9 of rule XXI of the
Rules of the House of Representatives, as in effect during
the One Hundred Fourteenth Congress, the term ‘‘limited tariff
benefit’’ means a provision modifying the Harmonized Tariff
Schedule of the United States in a manner that benefits 10
or fewer entities.
(b) SENATE.—
(1) IN GENERAL.—The chairman of the Committee on
Finance of the Senate, the Majority Leader of the Senate,
or the designee of the Majority Leader of the Senate, shall
provide for the publication in the Congressional Record of a
certification that—

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PUBLIC LAW 114–159—MAY 20, 2016

130 STAT. 403

(A) each limited tariff benefit contained in a miscellaneous tariff bill considered in the Senate has been identified
through lists, charts, or other similar means; and
(B) the information identified in subparagraph (A) has
been available on a publicly accessible congressional
website in a searchable format at least 48 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 bill, as the case may be.
(2) SATISFACTION OF SENATE RULES.—Publication of a certification in the Congressional Record under paragraph (1)
satisfies the certification requirements of paragraphs 1(a), 2(a),
and 3(a) of rule XLIV of the Standing Rules of the Senate.
(3) LIMITED TARIFF BENEFIT DEFINED.—For purposes of this
subsection and consistent with rule XLIV of the Standing Rules
of the Senate, as in effect during the One Hundred Fourteenth
Congress, the term ‘‘limited tariff benefit’’ means a provision
modifying the Harmonized Tariff Schedule of the United States
in a manner that benefits 10 or fewer entities.
(c) ENACTMENT AS EXERCISE OF RULEMAKING POWER OF HOUSE
OF REPRESENTATIVES AND SENATE.—This section is enacted by Congress—
(1) as an exercise of the rulemaking power of the House
of Representatives and the Senate, respectively, and as such
are deemed a part of the rules of each House, respectively,
and such procedures supersede other rules only to the extent
that they are inconsistent with such other rules; and
(2) with full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure
of that House) at any time, in the same manner, and to the
same extent as in the case of any other rule of that House.

Public
information.
Web posting.
Time period.

Procedures.

SEC. 6. JUDICIAL REVIEW PRECLUDED.

The exercise of functions under this Act shall not be subject
to judicial review.

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SEC. 7. DEFINITIONS.

In this Act:
(1) 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 Senate.
(2) COMMISSION.—The term ‘‘Commission’’ means the
United States International Trade Commission.
(3) COMMISSION DISCLOSURE FORM.—The term ‘‘Commission
disclosure form’’ means, with respect to a petition for a duty
suspension or reduction, a document submitted by a petitioner
to the Commission that contains the following:
(A) The contact information for any known importers
of the article to which the proposed duty suspension or
reduction would apply.
(B) 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 apply.
(C) A certification that the petitioner is a likely beneficiary of the proposed duty suspension or reduction.

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Certification.

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130 STAT. 404

(4) DOMESTIC PRODUCER.—The term ‘‘domestic producer’’
means a person that demonstrates production, or imminent
production, in the United States of an article that is identical
to, or like or directly competitive with, an article to which
a petition for a duty suspension or reduction would apply.
(5) DOMESTIC PRODUCTION.—The term ‘‘domestic production’’ means the production of an article that is identical to,
or like or directly competitive with, an article to which a petition
for a duty suspension or reduction would apply, for which
a domestic producer has demonstrated production, or imminent
production, in the United States.
(6) DUTY SUSPENSION OR REDUCTION.—The term ‘‘duty
suspension or reduction’’ refers to an amendment to subchapter
II of chapter 99 of the Harmonized Tariff Schedule of the
United States for a period not to exceed 3 years that—
(A) extends an existing temporary duty suspension
or reduction on an article under that subchapter; or
(B) provides for a new temporary duty suspension or
reduction on an article under that subchapter.
(7) LIKELY BENEFICIARY.—The term ‘‘likely beneficiary’’
means an individual or entity likely to utilize, or benefit directly
from the utilization of, an article that is the subject of a
petition for a duty suspension or reduction.
(8) MEMBER OF CONGRESS.—The term ‘‘Member of Congress’’ means a Senator or Representative in, or Delegate or
Resident Commissioner to, Congress.
(9) 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—
(A) are included in the final report of the Commission
submitted to the appropriate congressional committees
under section 3(b)(3)(E), except for—
(i) petitions for duty suspensions or reductions that
the Commission has determined do not contain the
information required under section 3(b)(2);
(ii) petitions for duty suspensions and reductions
with respect to which the Commission has determined
the petitioner is not a likely beneficiary; and
(iii) petitions for duty suspensions and reductions
that the Commission does not recommend for inclusion
in the miscellaneous tariff bill;
(B) are not excluded under section 3(b)(3)(F); and

Time period.

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Extension.

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PUBLIC LAW 114–159—MAY 20, 2016

130 STAT. 405

(C) otherwise meet the applicable requirements of this
Act.
Approved May 20, 2016.

LEGISLATIVE HISTORY—H.R. 4923:
HOUSE REPORTS: No. 114–519, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 162 (2016):
Apr. 27, considered and passed House.
May 10, considered and passed Senate.
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Æ

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