S.Amdt. 1095

SA 1095. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1092 submitted by Mrs. Murray (for herself and Ms.
Collins) and intended to be proposed to the bill H.R. 4366, making
appropriations for military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2024, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. DUTY-FREE ENTRY OF INFANT FORMULA; TERMINATION OF
TARIFF-RATE QUOTA ON INFANT FORMULA.

(a) In General.--Chapter 19 of the Harmonized Tariff
Schedule of the United States is amended as follows:
(1) By striking Additional U.S. Note 2.
(2) By inserting after Additional U.S. Note 3 the
following:
``4. For purposes of subheading 1901.90.57, the term
`infant formula base powder' means a dry mixture of protein,
fat, and carbohydrates that requires only the addition of
vitamins and minerals in order to meet the definition of the
term `infant formula' in section 201(z) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(z)) and that is--
``(a) imported by a party that--
``(1) has been determined by the Food and Drug
Administration to be authorized to lawfully market infant
formula in the United States; or
``(2) has received a letter of enforcement discretion for
the Food and Drug Administration relating to the marketing of
its infant formula in the United States; and
``(b) intended to be used in manufacturing infant formula
in the United States.''.
(3) By striking subheadings 1901.10.11 and 1901.10.16 and
the superior text to such subheadings and inserting the
following, with the article description having the same
degree of indentation as the article description for
subheading 1901.10.62:

``       1901.10.12       Infant formula       Free                 ...................  $1.217/kg+ 17.5%     ''
containing                                                                          .
oligosaccharides..

(4) By striking subheadings 1901.10.26 and 1901.10.29 and
inserting the following, with the article description for
subheading 1901.10.23 having the same degree of indentation
as the article description for subheading 1901.10.21:

``       1901.10.23         Infant formula...  Free                 ...................  $1.217/kg + 17.5%
1901.10.24         Other............  $1.035/kg + 14.9%    ...................  $1.217/kg + 17.5%
...............  Other:               ...................  ...................  ...................
1901.10.25         Infant formula...  Free                 ...................  35%
1901.10.28         Other............  14.9%                ...................  35%                  ''
.

(5) By striking subheadings 1901.10.33 and 1901.10.36 and
the superior text to such subheadings and inserting the
following, with the article description having the same
degree of indentation as the article description for
subheading 1901.10.62:

``       1901.10.34       Infant formula       Free                 ...................  $1.217/kg+ 17.5%     ''
containing                                                                          .
oligosaccharides..

(6) By redesignating subheadings 1901.90.60 and 1901.90.61
as subheadings 1901.90.55 and 1901.90.56, respectively.
(7) By striking subheading 1901.90.62 and inserting the
following, with the article description having the same
degree of indentation as the article description for
subheading 1901.10.56, as redesignated by paragraph (6):

``       1901.90.57       Infant formula base  Free                 ...................  $1.127/kg + 16%
powder, as defined
in additional U.S.
note 4 to this
chapter...........
1901.90.58       Other..............  $1.035/kg +13.6%     Free (BH, CL, JO,    $1.127/kg + 16%      ''
KR, MA, OM, PE,                           .
SG)
20.7 cents/kg +
2.7% (P, PA)
See 9822.04.25 (AU)
See 9823.08.01-
9823.08.38 (S+)
See 9915.04.30,
9915.04.50,
9915.04.74 (P+)
See 9918.04.60-
9918.04.80 (CO)

[[Page S4394]]

(b) Conforming Amendments.--Additional U.S. Note 10 to
chapter 4 of the Harmonized Tariff Schedule of the United
States is amended by striking ``1901.90.61'' and inserting
``1901.90.56''.
(c) Effective Date.--The amendments made by this section
apply with respect to articles entered, or withdrawn for
warehouse for consumption, on or after the date that is 120
days after the date of the enactment of this Act.
______