S.Amdt. 2263

SA 2263. Mr. SCHUMER (for himself, Mr. Sanders, Ms. Klobuchar, Mrs.
Gillibrand, Mrs. Murray, Ms. Snowe, and Mrs. Shaheen) submitted an
amendment intended to be proposed to amendment SA 1908 submitted by Mr.
Kohl (for himself and Mr. Brownback) to the bill H.R. 2997, making
appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies programs for the fiscal year
ending September 30, 2010, and for other purposes; which was ordered to
lie on the table; as follows:

[[Page S8694]]

On page 85, between lines 16 and 17, insert the following:

SEC. 745. MILK IMPORT EQUITY ACT.

(a) Short Title.--This section may be cited as the ``Milk
Import Tariff Equity Act''.
(b) Imposition of Tariff-Rate Quotas on Certain Casein and
Milk Concentrates.--
(1) Casein and casein products.--
(A) In general.--The Additional U.S. notes to chapter 35 of
the Harmonized Tariff Schedule of the United States are
amended--
(i) by striking ``Additional U.S. Note'' and inserting
``Additional U.S. Notes'';
(ii) in note 1, by striking ``subheading 3501.10.10'' and
inserting ``subheadings 3501.10.05, 3501.10.15, and
3501.10.20''; and
(iii) by adding at the end the following new note:
``2. The aggregate quantity of casein, caseinates, milk
protein concentrate, and other casein derivatives entered
under subheadings 3501.10.15, 3501.10.65, and 3501.90.65 in
any calendar year shall not exceed 55,477,000 kilograms.
Articles the product of Mexico shall not be permitted or
included under this quantitative limitation and no such
article shall be classifiable therein.''.
(B) Rates for certain caseins, caseinates, and other
derivatives and glues.--Chapter 35 of the Harmonized Tariff
Schedule of the United States is amended by striking
subheadings 3501.10 through 3501.90.60 and inserting the
following new subheadings, with the article descriptions for
subheadings 3501.10 and 3501.90 having the same degree of
indentation as the article description for subheading
3502.20.00:

``       3501.10       Casein:                                ................................
Milk protein                          ................................
concentrate:
3501.10.05         Described in general   0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
note 15 of the                 kg    MX, SG)        0.3 cents/kg
tariff schedule and                  (AU)
entered pursuant to
its provisions......
3501.10.15         Described in           0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
additional U.S. note           kg    SG)        0.3 cents/kg (AU)
2 to this chapter
and entered
according to its
provisions..........
3501.10.20         Other................     $2.16/kg   Free (MX)                            $2.81/kg
Other:                                ................................
3501.10.55         Suitable only for             Free   ................................         Free
industrial uses
other than the
manufacture of food
for humans or other
animals or as
ingredients in such
food................
Other:                               ................................
3501.10.60          Described in general  0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
note 15 of the                kg    MX, SG)        0.3 cents/kg
tariff schedule and                 (AU)
entered pursuant to
its provisions.....
3501.10.65          Described in          0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
additional U.S.               kg    SG)        0.3 cents/kg (AU)
note 2 to this
chapter and entered
according to its
provisions.........
3501.10.70          Other...............     $2.16/kg   Free (MX)                            $2.81/kg
3501.90       Other:                                 ................................
3501.90.05        Casein glues..........           6%   Free (A*, CA, CL, E, IL, J, JO,           30%
MX)        3% (SG)        4.5%
(AU)
Other:                                ................................
3501.90.30         Suitable only for               6%   Free (A*, CA, CL, E, IL, J, JO,           30%
industrial uses                      MX, SG)        0.3 cents/kg
other than the                       (AU)
manufacture of food
for humans or other
animals or as
ingredients in such
food................
Other:...............                ................................
3501.90.55          Described in general  0.37 cents/   Free (A*, CA, CL E, IL, J, JO,    12.1 cents/
note 15 of the                kg    MX, SG)        0.3 cents/kg               kg
tariff schedule and                 (AU)
entered pursuant to
its provisions.....
3501.90.65          Described in          0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12.1 cents/
additional U.S.               kg    SG)        0.3 cents/kg (AU)              kg
note 2 to this
chapter and entered
according to its
provisions.........
3501.90.70          Other...............     $2.16/kg   Free (MX)                            $2.81/kg   ''
.

(2) Milk protein concentrates.--
(A) In general.--The Additional U.S. notes to chapter 4 of
the Harmonized Tariff Schedule of the United States are
amended--
(i) in note 13, by striking ``subheading 0404.90.10'' and
inserting ``subheadings 0404.90.05, 0404.90.15, and
0404.90.20''; and
(ii) by adding at the end the following new note:
``27. The aggregate quantity of milk protein concentrates
entered under subheading 0404.90.15 in any calendar year
shall not exceed 18,488,000 kilograms. Articles the product
of Mexico shall not be permitted or included under this
quantitative limitation and no such article shall be
classifiable therein.''.
(B) Rates for certain milk protein concentrates.--Chapter 4
of the Harmonized Tariff Schedule of the United States is
amended by striking subheadings 0404.90 through 0404.90.10
and inserting the following

[[Page S8695]]

new subheadings, with the article description for subheading
0404.90 having the same degree of indentation as the article
description for subheading 0404.10 and with the article
descriptions for subheadings 0404.90.05, 0404.90.15, and
0404.90.20 having the same degree of indentation as the
article description for subheading 0405.20.40:

``       0404.90       Other:                                 ................................
Milk protein                          ................................
concentrates:
0404.90.05         Described in general   0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
note 15 of the                 kg    MX, SG) 0.3 cents/kg (AU)
tariff schedule and
entered pursuant to
its provisions......
0404.90.15         Described in           0.37 cents/   Free (A*, CA, CL, E, IL, J, JO,   12 cents/kg
additional U.S. note           kg    SG)        0.3 cents/kg (AU)
27 to this chapter
and entered pursuant
to its provisions...
0404.90.20            Other.............     $1.56/kg   Free (MX)                            $2.02/kg   ''
.

(3) Effective date.--
(A) In general.--The amendments made by this section apply
to goods entered, or withdrawn from warehouse for
consumption, on or after the first day of the first month
after the date that is 90 days after the date of the
enactment of this Act.
(B) Transitional provisions.--
(i) Chapter 35.--Notwithstanding the amendments made by
paragraph (1), in the case of any calendar year that includes
the effective date described in subparagraph (A), the
aggregate amount of casein, caseinates, milk protein
concentrate, and other casein derivatives entered under
subheadings 3501.10.15, 3501.10.65, and 3501.90.65 shall not
exceed an amount equal to 151,992 kilograms multiplied by the
number of calendar days remaining in such year beginning with
such effective date.
(ii) Chapter 4.--Notwithstanding the amendments made by
paragraph (2), in the case of any calendar year that includes
the effective date described in subparagraph (A), the
aggregate amount of milk protein concentrates entered under
subheading 0404.90.15 shall not exceed an amount equal to
50,652 kilograms multiplied by the number of calendar days
remaining in such year beginning with such effective date.
(c) Compensation Authority.--
(1) In general.--If the provisions of subsection (b)
require, the President--
(A) may enter into a trade agreement with any foreign
country or instrumentality for the purpose of granting new
concessions as compensation in order to maintain the general
level of reciprocal and mutually advantageous concessions;
and
(B) may proclaim such modification or continuance of any
general rate of duty, or such continuance of duty-free or
excise treatment, or any quantitative limitation, as the
President determines to be required or appropriate to carry
out any such agreement.
(2) Limitations.--
(A) In general.--No proclamation shall be made pursuant to
paragraph (1) decreasing any general rate of duty to a rate
which is less than 70 percent of the existing general rate of
duty.
(B) Special rule for certain duty reductions.--If the
general rate of duty in effect is an intermediate stage under
an agreement in effect before August 6, 2002, under section
1102(a) of the Omnibus Trade and Competitiveness Act of 1988
or under an agreement entered into under section 2103 (a) or
(b) of the Bipartisan Trade Promotion Authority Act of 2002,
the proclamation made pursuant to paragraph (1) may provide
for the reduction of each general rate of duty at each such
stage by not more than 30 percent of such general rate of
duty, and may provide for a final general rate of duty which
is not less than 70 percent of the general rate of duty
proclaimed as the final stage under such agreement.
(C) Rounding.--If the President determines that such action
will simplify the computation of the amount of duty computed
with respect to an article, the President may exceed the
limitations provided in subparagraphs (A) and (B) by not more
than the lesser of--
(i) the difference between such limitation and the next
lower whole number, or
(ii) one-half of 1 percent ad valorem.
______