Pub. L. 117-160 - Formula Act

117th Congress

SECTION 1. SHORT TITLE.

This Act may be cited as the “Formula Act”.

SEC. 2. TEMPORARY DUTY SUSPENSIONS FOR INFANT FORMULA.

(a) Subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (HTS) is amended by inserting the following new subheadings in numerical sequence:

(a) “Infant formula, put up for retail sale: 9903.19.19Provided for in subheading 1901.10.16, 1901.10.26, 1901.10.36 or 1901.10.44FreeNo changeNo change 9903.19.20 Provided for in subheading 1901.10.29 or 1901.10.49FreeNo changeNo change Infant formula: 9903.19.21Provided for in subheading 2106.90.97FreeNo changeNo change 9903.19.22Provided for in subheading 2106.90.99FreeNo changeNo change”.

(b) The amendments made by subsection (a) shall apply with respect to goods entered, or withdrawn from warehouse for consumption on or after the date of enactment of this Act and before the close of December 31, 2022.

(c) Notwithstanding any other provision of law, during the period described in subsection (b), articles of infant formula that are classifiable under any subheading added by the amendments made by subsection (a) shall not be subject to—

(c)(1) any additional safeguard duties that may be imposed under subchapter IV of chapter 99 of the HTS; or

(c)(2) any other import quotas, tariff-rate quotas, additional duties, or any other duties, fees, exactions, or charges that otherwise would apply to such articles.

(d) In seeking to enter articles of infant formula duty-free under this Act, importers shall provide the applicable tariff classification for such articles under chapter 19 or chapter 21 along with the anticipated tariff classification under subchapter III of chapter 99 (as added by subsection (a)) on applicable customs entry documents.

Legislative History

LEGISLATIVE HISTORY—H.R. 8351:

CONGRESSIONAL RECORD, Vol. 168 (2022):

July 15, considered and passed House.

July 21, considered and passed Senate.