MEMORANDUM ON PROPOSED TARIFF LEGISLATION of the 109
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MEMORANDUM ON PROPOSED TARIFF LEGISLATION of the 109
1
Industry analyst preparing report: Falan Yinug (202-205-2160); Tariff Affairs contact: Jan Summers (202-205-2605).
2
Access to an electronic copy of this memorandum is available at
http://usitc.gov/tata/hts/other/rel_doc/bill_reports/index.htm
.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
MEMORANDUM ON PROPOSED TARIFF LEGISLATION
of the 109
th
Congress
1
[Date approved: October 11, 2006]
2
Bill No. and sponsor: S. 3259 (Mr. Bill Frist of Tennessee on behalf of Mrs. Elizabeth Dole of North
Carolina).
Proponent name, location: Leviton Manufacturing Co., Inc., Little Neck, NY.
Other bills on product (109
th
Congress only): None.
Nature of bill: Temporary duty suspension through December 31, 2009.
Retroactive effect: None.
Suggested article description(s) for enactment (including appropriate HTS subheading(s)):
High-current ground fault circuit interrupters rated 15 A or higher (provided for in subheading
8536.30.80).
Check one:
Same as that in bill as introduced.
X Different from that in bill as introduced (see Technical comments section).
Product information, including uses/applications and source(s) of imports:
High-current ground fault circuit interrupters of 15 amperes (A) or higher are a type of ground fault
circuit interrupter, or GFCI. A GFCI is a safety device used to reduce or prevent electrical shock with
ground or ground equipment by interrupting the electrical current loading to a device that is set with a
predetermined value. If the value of the ground current exceeds the predetermined value, then the GFCI
will automatically turn off the electrical current to the device to prevent electrical shock.
GFCIs are most commonly used in areas where there is water. High-current GFCIs are most commonly
used with heavy equipment such as large spas, heater packs, industrial high pressure washers, and
industrial mixers. This type of GFCI protects both the high and low current of the device.
The principal U.S. import sources of this product are China and Mexico.
2
Estimated effect on customs revenue:
HTS subheading: 8536.30.80
2006
2007
2008
2009
2010
Col. 1-General rate
of duty
2.7%
2.7%
2.7%
2.7%
2.7%
Estimated value
dutiable imports
$1,500,000
$1,500,000
$2,000,000
$2,000,000
$2,500,000
Customs revenue
loss
$40,500
$40,500
$54,000
$54,000
$67,500
Source of estimated dutiable import data: Industry and Commission estimates.
Contacts with domestic firms/organizations (including the proponent):
Name of firm/organization
Date
contacted
Claim US
makes same or
competing
product(s)?
Submission
attached?
Opposition
noted?
(Yes/No)
Leviton Manufacturing Co., Inc. (Proponent)
Stephen Hofmann, 202-216-9703
07/21/2006
No
No
No
Bryant Electric
Fax: 800-543-0538 1/
07/25/2006
No
No
No
Cooper Industries, Ltd.
Terry Helz, 713-209-8408
07/24/2006
No
No
No
Eaton Corp.
Barry Doggett, 216-423-4664
07/24/2006
No
No
No
Emerson Electric Co.
Robert McDonald, 202-508-6303
07/24/2006
No
No
No
Ericson Manufacturing Co.
Richard Fox, 440-951-8000
07/25/2006
No
No
No
General Electric Co.
Sandy Merber, 202-637-4000
07/24/2006
No
No
No
Hitachi America, Ltd.
Carl Green, 202-828-9272
07/24/2006
No
No
No
Hubbell Inc.
Thomas Conlin, 203-799-4293
07/24/2006
No
No
No
Lutron Electronics Company, Inc.
610-282-3800 1/
07/25/2006
No
No
No
National Electrical Manufacturers Association
John Meakem, 703-841-3243
07/21/2006
No
No
No
Name of firm/organization
Date
contacted
Claim US
makes same or
competing
product(s)?
Submission
attached?
Opposition
noted?
3
Although TRCs submission does not explicitly state U.S. production of this product, Commission staff phone conversation
with a TRC representative on Aug. 18, 2006 confirmed that the firm manufactures this product in the United States.
4
The Commission may express an opinion on the HTS classification of a product to facilitate consideration of the bill. However,
by law, only the U.S. Customs Service is authorized to issue a binding ruling on this matter. The Commission believes that the
U.S. Customs Service should be consulted prior to enactment of the bill.
3
Pass & Seymour/Lagrand
John Clarke, 315-468-8223
07/24/2006
No
No
No
Siemens Energy and Automation, Inc.
Tom Varney, 770-751-2000
07/25/2006
No
No
No
Square D Co.
847-397-2600 1/
07/25/2006
No
No
No
Technology Research Corp.
Robert Wiggins, 727-535-0572
07/25/2006
Yes
3
Yes
Yes
1/ No specific contact is available at some of the subject firms, which were identified using the Internet
or in directories as firms that might have an interest in the bill.
Technical comments:
4
It is suggested that the proposed article description be modified as shown on page 1 of this report, to be
more consistent with normal tariff drafting practices. We defer to Customs and Border Protection
officials to determine if the proposed description may present interpretative difficulties; the language may
represent industry usage for the subject goods.
II
109
TH
CONGRESS
2
D
S
ESSION
S. 3259
To suspend temporarily the duty on high current ground fault circuit
interrupters.
IN THE SENATE OF THE UNITED STATES
M
AY
26, 2006
Mr. F
RIST
(for Mrs. D
OLE
) introduced the following bill; which was read twice
and referred to the Committee on Finance
A BILL
To suspend temporarily the duty on high current ground
fault circuit interrupters.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. CERTAIN HIGH CURRENT GROUND FAULT CIR-
3
CUIT INTERRUPTERS.
4
(a) I
N
G
ENERAL
.Subchapter II of chapter 99 of
5
the Harmonized Tariff Schedule of the United States is
6
amended by inserting in numerical sequence the following
7
new heading:
8
9902.85.35
High current ground fault circuit inter-
rupters of 15 amps or more (provided for
in subheading 8536.30.80) ......................
Free
No change
No change
On or before
12/31/2009
.
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S 3259 IS
(b) E
FFECTIVE
D
ATE
.The amendment made by
1
subsection (a) applies to goods entered, or withdrawn from
2
warehouse for consumption, on or after the 15th day after
3
the date of the enactment of this Act.
4
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