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H.R. 4178
Page Five

Opposes

American Fiber, Textile, Apparel Coalition: AFTAC opposes the bill in its present form and prefers the Senate version which requires no further administrative determination as to what constitutes a "textile good or product." In addition, language should be added which would require the Census Bureau to continue to publish import data for the exempted products under section 205 in their regular published statistical series.

Leather Products Coalition: Enactment of this bill in current form would result in statistical discrepancies with respect to import data, and thus make import monitoring more difficult.

Statements for the Record

Opposes

F. W. Myers & Co., Inc.: H.R. 4178 permits shipments valued in excess of $3 billion to be imported on an informal basis.

International Ladies' Garment Workers' Union: Increasing the informal entry to $1,500 would seriously impair U.S. Customs' ability to enforce the various bilateral textile and apparel agreements negotiated under the umbrella of the Multifiber Textile Agreement. Careful identification is required to enforce that articles are correctly charged to the various quotas. Without formal verification procedures, imports would be open to all kinds of error and misrepresentations.

In February 1984, the average value of brassieres imported from the Philippine Republic was 74 cents per brassiere, equating into over 2,000 such brassiers per shipment imported into the U.S. under informal entry procedures.

National Customs Brokers & Forwarders Assoc. of America, Inc.: The NCBFAA feels that the ceiling for informal entry should be limited to $600 instead of $1,500. Also, shipments entered through the mail under "informal entry" procedures should be limited to a value of $250 and language should be included which would preclude the unauthorized practice of Customs brokerage by parties not holding a valid Customs broker's license.

H.R. 4223

Introduced by: Mr. Moore (LA)

Date: October 26, 1983

To suspend for a three year period the duty on 4-0-beta -D-Galactopyranosyl-D-fructose, commonly called lactulose.

Summary of the Provision

H.R. 4223, if enacted, would suspend the duty until September 30, 1987 on lactulose otherwise known as 4-0-beta-D-Galactopyranosyl-D-fructose.

Section-by-Section Analysis

Section 1 of H.R. 4223, if enacted, would amend subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) by inserting in numerical sequence

a new item TSUS 907.76 to suspend the column 1, MFN, duty until September 30, 1987 on lactulose, provided for in item 439.50, part 3C of schedule 4.

Section 2 makes the provision effective on or after the 15th day after the date of the enactment of this Act.

Background and Justification

Lactulose is an active ingredient used in the manufacture of the ethical pharmaceutical products (prescription drug) sold under the trademark Cephulac and Chronulac. These products are laxatives. The chemical name for lactulose is 4-0-beta-DGalactopyranosyl-D-fructose.

Comparison With Present Law

Lactulose is classifiable under TSUS item 439.50 under the classification of "Other Drugs". The current column 1 rate of duty is 3.7 percent ad valorem. The column 2 rate of duty is 25% ad valorem.

This item is not eligible for staged rate reductions under the Tokyo round of the MTN and the column 1, MFN, rate of duty will continue at 3.7% until January 1, 1987.

Imports from designated beneficiary developing countries under TSUS item number 439.50 are eligible for duty-free treatment under the Generalized System of Preferences (GSP). There is no LDDC rate of duty.

H.R. 4223

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Effect on Revenue

It is estimated that the future annual loss of revenue as

a result of enactment of this legislation would be about $220,000.

Subcommittee Action

Agency Reports

The Department of Commerce has no objection to enactment of H.R. 4223.

The International Trade Commission submitted an informative

report.

Markup

On June 27, 1984, the Subcommittee on Trade ordered H.R. 4223 favorably reported to the full Committee on Ways and Means by voice vote, with minor technical amendments, including amending the article description to "lactulose", the accepted chemical name of this product.

Senate Action

A companion bill (S. 2332) was introduced by Senator Bentsen.
SUMMARY OF TESTIMONY ON H.R. 4223

Administration

Department of Commerce: No objection to enactment.

H.R. 4224

Introduced by: Mr. Moore (LA)

Date: October 26, 1983

To suspend for a three year period the duty on nicotine resin complex.

Summary of the Provision

H.R. 4224, if enacted, would suspend until September 30, 1987 the duty on nicotine resin complex, commonly called nicorette. Section-by-Section Analysis

Section 1 of H.R. 4224, if enacted, would amend subpart B of part 1 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) by inserting in numerical sequence

a new item TSUS 907.73 to suspend the column 1, MFN, duty until September 30, 1987 on a nicotine resin complex, provided for in item 437.13, part 3B, schedule 4.

Section 2 makes the provision effective on or after the 15th day after the date of the enactment of this Act.

Background and Justification

Nicorette is a product to be used as an aid for terminating the smoking habit. Assuming the FDA approves this drug, it will be available by prescription only. Merrell Dow Pharmaceuticals Inc. has filed a petition for approval with the U.S. Food and Drug Administration. The approval has not been granted as of yet. If the approval is obtained, the way will be cleared to market the product in the U.S. The product is being marketed in Canada and in European countries. The product is covered under composition patents owned by Atkiebolaget Leo, a Swedish corporation.

Comparison With Present Law

Nicorette is classifiable under TSUS item 437.13 as a compound of nicotine. The current column 1 rate of duty is 4.4 The column 2 rate of duty is 25% ad valorem.

percent ad valorem.

This item is eligible for staged rate reductions under the Tokyo round of the MTN and the column 1, MFN, rate of duty will be reduced to 3.7% by January 1, 1987.

Imports from designated beneficiary developing countries under TSUS item number 437.13 are eligible for duty-free treatment under

H.R. 4224

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the Generalized System of Preferences (GSP). The LDDC rate of duty is 3.7% ad valorem.

Effect on Revenue

It is estimated that the annual future loss of revenue as

a result of enactment of this legislation would be about $220,000 in 1983, declining in ensuing years as a result of staged rate reductions unless import levels increase.

Subcommittee Action

Agency Reports

The Department of Commerce has no objection to enactment of H.R. 4224.

The International Trade Commission submitted an informative report.

Markup

On June 27, 1984, the Subcommitee on Trade ordered H.R. 4224 favorably reported to the full Committee on Ways and Means by voice vote, with technical amendments, including changes in the article description and in the effective date to make it effective 15 days after date of enactment and to have the provision expire on a date certain.

Senate Action

A companion bill (S. 2334) was introduced by Senator Bentsen.
SUMMARY OF TESTIMONY ON H.R. 4224

Administration

Department of Commerce: No objection to enactment.

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