S 682

112th CONGRESS
1st Session

S. 682

To provide for reliquidation of certain entries of medium density fiberboard.

IN THE SENATE OF THE UNITED STATES

March 30, 2011

Mr. CASEY introduced the following bill; which was read twice and referred to the Committee on Finance


A BILL

To provide for reliquidation of certain entries of medium density fiberboard.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF MEDIUM DENSITY FIBERBOARD.

    (a) In General- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, if a request described in subsection (c) is filed with U.S. Customs and Border Protection, U.S. Customs and Border Protection shall liquidate or reliquidate entries described in subsection (b) at the rate of duty of 3.2 percent ad valorem.

    (b) Entries Described- The entries described in this subsection are entries of fiberboard produced using the dry method of production, otherwise known as medium density fiberboard--

      (1) that were classified under subheading 4411.19.40 of the Harmonized Tariff Schedule of the United States at the time of entry;

      (2) that are substantially similar to the merchandise that was the subject of the Court of International Trade and the Court of Appeals for the Federal Circuit decisions in Faus Group, Inc. v. United States, 581 F.3d 1369 (2009), and Witex USA, Inc. v. United States, 333 Fed. App 569 (2009);

      (3) that were entered on or after January 1, 1998, and before January 1, 2002;

      (4) that were produced using the dry method of production; and

      (5) with respect to which a request for reliquidation, provided for in subsection (c), is filed.

    (c) Request for Reliquidation-

      (1) IN GENERAL- Any importer seeking a liquidation or reliquidation pursuant to subsection (a) shall file a proper request with U.S. Customs and Border Protection before the 90th day after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection--

        (A) to locate the entry; or

        (B) to reconstruct the entry if it cannot be located.

      (2) INFORMATION TO BE PROVIDED- The information required by this subsection may include the Entry Summary Documents (CBP Form 7501) for the entries and supporting documents needed to demonstrate to the satisfaction of U.S. Customs and Border Protection that the merchandise was entered.

END