To provide duty-free treatment for certain steam or other vapor generating boilers used in nuclear facilities.

May 4, 2001

Mr. MURKOWSKI (for himself, Mr. BINGAMAN, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on Finance

To provide duty-free treatment for certain steam or other vapor generating boilers used in nuclear facilities.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Generator Tariff Elimination Act'.

SEC. 2. DUTY-FREE TREATMENT FOR CERTAIN BOILERS USED IN NUCLEAR FACILITIES.

(a) IN GENERAL- Chapter 84 of the Harmonized Tariff Schedule of the United States is amended by striking subheading 8402.11.00 and inserting the following new subheadings, with the article description for subheading 8402.11 having the same degree of indentation as the article description for subheading 8402.12.00:

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` 8402.11    Watertube boilers with a steam production exceeding 45 t per hour                                         

  8402.11.10 For use in nuclear reactors                                       Free                            45%     

  8402.11.20 Other                                                             5.2% Free (A, CA, E, IL, J, MX) 45%  '. 

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(b) EFFECTIVE DATE-

(1) IN GENERAL- The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

(2) APPLICATION TO LIQUIDATIONS OR RELIQUIDATIONS- Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law and subject to paragraph (3), any article described in subheading 8402.11.10 of the Harmonized Tariff Schedule of the United States, as added by subsection (a) that was entered, or withdrawn from warehouse for consumption--

(A) on or after January 1, 2000, and

(B) before the date that is 15 days after the date of the enactment of this Act,

shall be liquidated or reliquidated as if such subheading 8402.11.10 applied to such entry or withdrawal, and the Secretary of the Treasury shall refund any excess duty paid with respect to such entry.

(3) REQUESTS- Liquidation or reliquidation may be made under paragraph (2) with respect to any entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act, that contains sufficient information to enable the Customs Service--

(A) to locate the entry; or

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

END