S.Amdt. 3036
What it does: Adds TITLE V--WOOL TRUST FUND at the end of the bill
Sen. Max Baucus (D-MT)What it changes
1 change to S. 1637 · shown in the bill's text
Adds TITLE V--WOOL TRUST FUND at the end of the bill
Adds a titleIn S. 1637 · Reported to Senate
(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003.
Inserted: TITLE V--WOOL TRUST FUND
Inserted: SEC. 501. EXTENSION AND MODIFICATION OF PROVISIONS RELATING TO THE WOOL RESEARCH, DEVELOPMENT, AND PROMOTION TRUST FUND.
Inserted: (a) Extension of Temporary Duty Reductions.--
Inserted: (1) Heading 9902.51.11.--Heading 9902.51.11 of the Harmonized Tariff Schedule of the United States is amended--
Inserted: (A) by striking "2005" and inserting "2010"; and
Inserted: (B) by striking "17.5 %" and inserting "10 %".
Inserted: (2) Heading 9902.51.12.--Heading 9902.51.12 of the Harmonized Tariff Schedule of the United States is amended by striking "2005" and inserting "2010".
Inserted: (3) Heading 9902.51.13.--Heading 9902.51.13 of the Harmonized Tariff Schedule of the United States is amended by striking "2005" and inserting "2010".
Inserted: (4) Heading 9902.51.14.--Heading 9902.51.14 of the Harmonized Tariff Schedule of the United States is amended by striking "2005" and inserting "2010".
Inserted: (b) Modification of limitation on Quantity of Imports.--
Inserted: (1) Note 15.--U.S. Note 15 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended--
Inserted: (A) by striking "and" after "2002";
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Inserted: (B) by striking "year 2003" and all that follows through the end period and inserting the following: "years 2003 and 2004, and
Inserted: 5,500,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of manufacturers of men's and boys' suits.".
Inserted: (2) Note 16.--U.S. Note 16 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended--
Inserted: (A) by striking "and" after "2002"; and
Inserted: (B) by striking "year 2003" and all that follows through the end period and inserting the following: "years 2003 and 2004, and 5,000,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of manufacturers of men's and boys' suits, and 2,000,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of manufacturers of worsted wool fabric suitable for use in men's and boys' suits.".
Inserted: (3) Conforming amendments.--
Inserted: (A) Sunset staged reduction requirement.--Paragraph (2) of section 501(a) of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 299) is amended by adding before the period "for goods entered, or withdrawn from warehouse for consumption, before January 1, 2005".
Inserted: (B) Allocation of tariff-rate quotas.--Subsection (e) of section 501 of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 200) is amended--
Inserted: (i) by inserting "for manufacturers of men's and boys' suits" after "implementing the limitation"; and
Inserted: (ii) by inserting at the end the following new sentence: "In implementing the limitation for manufacturers of worsted wool fabric on the quantity of worsted wool fabrics under heading 9902.51.12 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 16 of subchapter II of chapter 99 of such Schedule, for the entry, or withdrawal from warehouse for consumption, the Secretary of Commerce shall prescribe regulations to allocate fairly the quantity of worsted wool fabrics required under United States note 16 of such schedule to manufacturers who weave worsted wool fabric in the United States.".
Inserted: (C) Sunset authority to modify limitation on quantity.--Subsection (b) of section 504 of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 301) is repealed effective January 1, 2005.
Inserted: (c) Extension of Duty Refunds and Wool Research Trust Fund.--
Inserted: (1) In general.--The United States Customs Service shall make 5 additional payments to each manufacturer that receives a payment under section 505 of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 303) during calendar year 2005, and that, not later than March 1 of each year of an additional payment, provides an affidavit that it remains a manufacturer in the United States as of January 1 of the year of that payment. Each payment shall be equal to the amount of the payment received for calendar year 2005 as follows:
Inserted: (A) The first payment to be made after January 1, 2006, but on or before April 15, 2006.
Inserted: (B) The second, third, fourth, and fifth payments to be made after January 1, but on or before April 15, of each of the following 4 calendar years.
Inserted: (2) Extension of wool research, development, and promotion trust fund.--Section 506(f) of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 304) is amended by striking "2006" and inserting "2011".
Inserted: (3) Commerce authority to promote domestic employment.--The Secretary of Commerce shall provide grants through December 31, 2010 to manufacturers of worsted wool fabric in the amount of $2,666,000 annually to manufacturers of worsted wool fabric of the kind described in heading 9902.51.12 of the Harmonized Tariff Schedule of the United States during calendar years 1999, 2000, and 2001, and $2,666,000 annually to manufacturers of worsted wool fabric of the kind described in heading 9902.51.11 of the Harmonized Tariff Schedule of the United States during such calendar years, allocated based on the percentage of each manufacturer's production of the fabric described in such heading for such 3 years compared to the production of such fabric for all such applicants who qualify under this paragraph for such grant category. Any grant awarded by the Secretary under this section shall be final and not subject to appeal or protest.
Inserted: (4) Special rule for successor-in-interest.--
Inserted: (A) In general.--Any person that becomes a successor-in-interest to a manufacturer entitled to payment, under title V of the Trade and Development Act of 2002 (Public Law 106-200; 114 Stat. 299) or this title, shall be eligible to claim payments as if the successor-in-interest was the original claimant without regard to section 3727 of title 31, United States Code. The right to claim payment as a successor-in-interest under the preceding sentence shall be effective as if the right was included in section 505 of the Trade and Development Act of 2000.
Inserted: (B) Status as successor-in-interest.--A person may become a successor-in-interest for purposes of subparagraph (A) pursuant to--
Inserted: (i) an assignment of the claim for payment under title V of the Trade and Development Act of 2002;
Inserted: (ii) an assignment of the original claimant's right to manufacture under the same trade name as the original claimant;
Inserted: (iii) a reorganization; or
Inserted: (iv) some other legally recognized manner.
Inserted: (5) Authorization.--There is authorized to be appropriated and is hereby appropriated out of amounts in the general fund of the Treasury not otherwise appropriated such sums as are necessary to carry out the provisions of this subsection.
Inserted: (6) Effective date.--The grants described in paragraph (3) shall commence on or after January 1, 2005, and before December 31, 2010.
Inserted: (d) Effective Date.--The amendment made by subsection (a)(1)(B) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2005.
Inserted: SEC. 502. LABELING OF WOOL PRODUCTS TO FACILITATE COMPLIANCE AND PROTECT CONSUMERS.
Inserted: (a) In General.--Section 4 of the Wool Products Labeling Act of 1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following new paragraph:
Inserted: "(5) In the case of a wool product stamped, tagged, labeled, or otherwise identified in any one of the following subparagraphs, the average fiber diameter may be subject to a variation of 0.25 microns, and may be subject to such other standards or deviations as prescribed by regulation by the Commission:
Inserted: "(A) 'Super 80's' or '80's' if the average fiber diameter thereof does not average 19.5 microns or finer.
Inserted: "(B) 'Super 90's' or '90's' if the average fiber diameter thereof does not average 19.0 microns or finer.
Inserted: "(C) 'Super 100's' or '100's' if the average fiber diameter thereof does not average 18.5 microns or finer.
Inserted: "(D) 'Super 110's' or '110's' if the average diameter of wool fiber thereof does not average 18.0 microns or finer.
Inserted: "(E) 'Super 120's' or '120's' if the average diameter of wool fiber thereof does not average 17.5 microns or finer.
Inserted: "(F) 'Super 130's' or '130's' if the average diameter of wool fiber thereof does not average 17.0 microns or finer.
Inserted: "(G) 'Super 140's' or '140's' if the average diameter of wool fiber thereof does not average 16.5 microns or finer.
Inserted: "(H) 'Super 150's' or '150's' if the average diameter of wool fiber thereof does not average 16.0 microns or finer.
Inserted: "(I) 'Super 160's' or '160's' if the average diameter of wool fiber thereof does not average 15.5 microns or finer.
Inserted: "(J) 'Super 170's' or '170's' if the average diameter of wool fiber thereof does not average 15.0 microns or finer.
Inserted: "(K) 'Super 180's' or '180's' if the average diameter of wool fiber thereof does not average 14.5 microns or finer.
Inserted: "(L) 'Super 190's' or '190's' if the average diameter of wool fiber thereof does not average 14.0 microns or finer.
Inserted: "(M) 'Super 200's' or '200's' if the average diameter of wool fiber thereof does not average 13.5 microns or finer.
Inserted: "(N) 'Super 210's' or '210's' if the average diameter of wool fiber thereof does not average 13.0 microns or finer.".
Inserted: (b) Effective Date.--The amendment made by this section shall apply to wool products manufactured on or after January 1, 2005.
Original wording
At the end of the bill, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3036. Mr. BAUCUS (for himself and Mr. Thomas) submitted an amendment intended to be proposed by him to the bill S. 1637, to amend the Internal Revenue Code of 1986 to comply with the World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves jobs and production activities in the United States, to reform and simplify the international taxation rules of the United States, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
TITLE V--WOOL TRUST FUND
SEC. 501. EXTENSION AND MODIFICATION OF PROVISIONS RELATING TO THE WOOL RESEARCH, DEVELOPMENT, AND PROMOTION TRUST FUND.
(a) Extension of Temporary Duty Reductions.--
(1) Heading 9902.51.11.--Heading 9902.51.11 of the Harmonized Tariff Schedule of the United States is amended--
(A) by striking “2005” and inserting “2010”; and
(B) by striking “17.5 %” and inserting “10 %”.
(2) Heading 9902.51.12.--Heading 9902.51.12 of the Harmonized Tariff Schedule of the United States is amended by striking “2005” and inserting “2010”.
(3) Heading 9902.51.13.--Heading 9902.51.13 of the Harmonized Tariff Schedule of the United States is amended by striking “2005” and inserting “2010”.
(4) Heading 9902.51.14.--Heading 9902.51.14 of the Harmonized Tariff Schedule of the United States is amended by striking “2005” and inserting “2010”.
(b) Modification of limitation on Quantity of Imports.--
(1) Note 15.--U.S. Note 15 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended--
(A) by striking “and” after “2002”;
(B) by striking “year 2003” and all that follows through the end period and inserting the following: “years 2003 and 2004, and
5,500,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of manufacturers of men's and boys' suits.”.
(2) Note 16.--U.S. Note 16 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended--
(A) by striking “and” after “2002”; and
(B) by striking “year 2003” and all that follows through the end period and inserting the following: “years 2003 and 2004, and 5,000,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of manufacturers of men's and boys' suits, and 2,000,000 square meter equivalents in calendar year 2005 and each calendar year thereafter for the benefit of manufacturers of worsted wool fabric suitable for use in men's and boys' suits.”.
(3) Conforming amendments.--
(A) Sunset staged reduction requirement.--Paragraph (2) of section 501(a) of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 299) is amended by adding before the period “for goods entered, or withdrawn from warehouse for consumption, before January 1, 2005”.
(B) Allocation of tariff-rate quotas.--Subsection (e) of section 501 of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 200) is amended--
(i) by inserting “for manufacturers of men's and boys' suits” after “implementing the limitation”; and
(ii) by inserting at the end the following new sentence: “In implementing the limitation for manufacturers of worsted wool fabric on the quantity of worsted wool fabrics under heading 9902.51.12 of the Harmonized Tariff Schedule of the United States, as required by U.S. Note 16 of subchapter II of chapter 99 of such Schedule, for the entry, or withdrawal from warehouse for consumption, the Secretary of Commerce shall prescribe regulations to allocate fairly the quantity of worsted wool fabrics required under United States note 16 of such schedule to manufacturers who weave worsted wool fabric in the United States.”.
(C) Sunset authority to modify limitation on quantity.--Subsection (b) of section 504 of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 301) is repealed effective January 1, 2005.
(c) Extension of Duty Refunds and Wool Research Trust Fund.--
(1) In general.--The United States Customs Service shall make 5 additional payments to each manufacturer that receives a payment under section 505 of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 303) during calendar year 2005, and that, not later than March 1 of each year of an additional payment, provides an affidavit that it remains a manufacturer in the United States as of January 1 of the year of that payment. Each payment shall be equal to the amount of the payment received for calendar year 2005 as follows:
(A) The first payment to be made after January 1, 2006, but on or before April 15, 2006.
(B) The second, third, fourth, and fifth payments to be made after January 1, but on or before April 15, of each of the following 4 calendar years.
(2) Extension of wool research, development, and promotion trust fund.--Section 506(f) of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 304) is amended by striking “2006” and inserting “2011”.
(3) Commerce authority to promote domestic employment.--The Secretary of Commerce shall provide grants through December 31, 2010 to manufacturers of worsted wool fabric in the amount of $2,666,000 annually to manufacturers of worsted wool fabric of the kind described in heading 9902.51.12 of the Harmonized Tariff Schedule of the United States during calendar years 1999, 2000, and 2001, and $2,666,000 annually to manufacturers of worsted wool fabric of the kind described in heading 9902.51.11 of the Harmonized Tariff Schedule of the United States during such calendar years, allocated based on the percentage of each manufacturer's production of the fabric described in such heading for such 3 years compared to the production of such fabric for all such applicants who qualify under this paragraph for such grant category. Any grant awarded by the Secretary under this section shall be final and not subject to appeal or protest.
(4) Special rule for successor-in-interest.--
(A) In general.--Any person that becomes a successor-in-interest to a manufacturer entitled to payment, under title V of the Trade and Development Act of 2002 (Public Law 106-200; 114 Stat. 299) or this title, shall be eligible to claim payments as if the successor-in-interest was the original claimant without regard to section 3727 of title 31, United States Code. The right to claim payment as a successor-in-interest under the preceding sentence shall be effective as if the right was included in section 505 of the Trade and Development Act of 2000.
(B) Status as successor-in-interest.--A person may become a successor-in-interest for purposes of subparagraph (A) pursuant to--
(i) an assignment of the claim for payment under title V of the Trade and Development Act of 2002;
(ii) an assignment of the original claimant's right to manufacture under the same trade name as the original claimant;
(iii) a reorganization; or
(iv) some other legally recognized manner.
(5) Authorization.--There is authorized to be appropriated and is hereby appropriated out of amounts in the general fund of the Treasury not otherwise appropriated such sums as are necessary to carry out the provisions of this subsection.
(6) Effective date.--The grants described in paragraph (3) shall commence on or after January 1, 2005, and before December 31, 2010.
(d) Effective Date.--The amendment made by subsection (a)(1)(B) shall apply to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2005.
SEC. 502. LABELING OF WOOL PRODUCTS TO FACILITATE COMPLIANCE AND PROTECT CONSUMERS.
(a) In General.--Section 4 of the Wool Products Labeling Act of 1939 (15 U.S.C. 68b(a)) is amended by adding at the end the following new paragraph:
“(5) In the case of a wool product stamped, tagged, labeled, or otherwise identified in any one of the following subparagraphs, the average fiber diameter may be subject to a variation of 0.25 microns, and may be subject to such other standards or deviations as prescribed by regulation by the Commission:
“(A) ‘Super 80's' or ‘80's' if the average fiber diameter thereof does not average 19.5 microns or finer.
“(B) ‘Super 90's' or ‘90's' if the average fiber diameter thereof does not average 19.0 microns or finer.
“(C) ‘Super 100's' or ‘100's' if the average fiber diameter thereof does not average 18.5 microns or finer.
“(D) ‘Super 110's' or ‘110's' if the average diameter of wool fiber thereof does not average 18.0 microns or finer.
“(E) ‘Super 120's' or ‘120's' if the average diameter of wool fiber thereof does not average 17.5 microns or finer.
“(F) ‘Super 130's' or ‘130's' if the average diameter of wool fiber thereof does not average 17.0 microns or finer.
“(G) ‘Super 140's' or ‘140's' if the average diameter of wool fiber thereof does not average 16.5 microns or finer.
“(H) ‘Super 150's' or ‘150's' if the average diameter of wool fiber thereof does not average 16.0 microns or finer.
“(I) ‘Super 160's' or ‘160's' if the average diameter of wool fiber thereof does not average 15.5 microns or finer.
“(J) ‘Super 170's' or ‘170's' if the average diameter of wool fiber thereof does not average 15.0 microns or finer.
“(K) ‘Super 180's' or ‘180's' if the average diameter of wool fiber thereof does not average 14.5 microns or finer.
“(L) ‘Super 190's' or ‘190's' if the average diameter of wool fiber thereof does not average 14.0 microns or finer.
“(M) ‘Super 200's' or ‘200's' if the average diameter of wool fiber thereof does not average 13.5 microns or finer.
“(N) ‘Super 210's' or ‘210's' if the average diameter of wool fiber thereof does not average 13.0 microns or finer.”.
(b) Effective Date.--The amendment made by this section shall apply to wool products manufactured on or after January 1, 2005.
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Senate amendment submitted
April 6, 2004