Bulk Infant Formula to Retail Shelves Act
Floor Speech
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Ms. DelBENE. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 8982) to amend the Harmonized Tariff Schedule of the United States to suspend temporarily rates of duty on imports of certain infant formula base powder used in the manufacturing of infant formula in the United States, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows: H.. 8982
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 ``Bulk Infant Formula to Retail Shelves Act''. SEC. 2. TEMPORARY DUTY SUSPENSIONS FOR INFANT FORMULA BASE POWDER.
(a) In General.--Subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (in the section referred to as the ``HTS'') is amended by inserting the following new subheading in numerical sequence: `` ................. Infant formula base powder to be used in manufacturing infant formula in the United States, exported on or before November 14, 2022, by a party that has been determined by the Food and Drug Administration to be authorized to lawfully market infant formula in the United States or has received a letter of enforcement discretion from the Food and Drug Administration relating to the marketing of its infant formula in the United States: 9903.19.23 Provided for in Free No change No change ''. subheading 1901.90.62........
(b) Definition and Applicability.--The U.S. Notes to subchapter III of chapter 99 of the HTS are amended by adding at the end following:
``21.(a) For purposes of subheading 9903.19.23, the term `infant formula base powder' means a dry mixture of protein, fat, and carbohydrates that requires only the addition of vitamins and minerals in order to meet the definition of the term `infant formula' in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z)).
``(b) The necessary proof that an import is a qualifying infant formula base powder under subheading 9903.19.23 shall be established by a written notice from the Food and Drug Administration that the base powder shipment qualifies for importation under such subheading.
``(c) The duty-free treatment of infant formula base powder set forth in subheading 9903.19.23 shall apply only with respect to the importation of an aggregate quantity not exceeding 2,600 metric tons of such infant formula base powder.''.
(c) Effective Date.--The amendments made by subsections (a) and (b) shall apply with respect to goods entered, or withdrawn from warehouse for consumption, during the period beginning on the third day after the date of enactment of this Act and ending at the close of December 31, 2022.
(d) Waiver of Other Duties or Safeguards.-- Notwithstanding any other provision of law, during the period described in subsection (c), articles of infant formula base powder that are classifiable under subheading 9903.19.23 of the HTS, as added by the amendment made by subsection (a), shall not be subject to any additional safeguard duties that may be imposed under subchapter IV of chapter 99 of the HTS.
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Ms. DelBENE. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today to address the ongoing baby formula crisis and urge my colleagues to support the Bulk Infant Formula to Retail Shelves Act.
I raised two kids, and I know the first months of parenthood are tiring and stressful, even in the best of circumstances. But families across the country remain in a challenging position as they try to find formula that they need to feed their babies.
Nationally, 61 percent of formula shelves are still empty. In my home State of Washington, it has been hit harder, with 67 percent of formula shelves empty. While that is an improvement from the May nationwide high of 86 percent, we in Congress have an obligation to do more.
Part of the improvement we have seen over the last few months can be attributed to legislation that I led with Chairman Blumenauer, Ranking Member Adrian Smith, and my Ways and Means colleagues back in July that lifted tariffs on imported baby formula. This Chamber and the Senate passed the legislation with overwhelming bipartisan support.
There are still more actions, though, that Congress can take to support families, and that is what this legislation that we will vote on today will do.
Consider what this legislation would mean to parents. Jessie is a mom in my district who has been struggling to find formula for her 7-month- old daughter, Amara. She is not one to ask for help often, but when she was running low on her last can, Jessie joined a local social media group where other parents would post where they saw formula on the shelves. She downloaded an app that would notify her when more cans were available and made backup plans for donated breast milk if it came to that.
Jessie was able to find formula in the end but realizes that she is one of the lucky parents who had the means and the network to support her daughter. Not all parents have these resources.
The Bulk Infant Formula to Retail Shelves Act would boost domestic baby formula production and get more product on our shelves. It would do so by lifting tariffs through the end of the year on safe imported base powder. This is a key component filled with essential proteins, fats, and carbohydrates that are mixed with other nutrients and ingredients to make the formula that parents buy on store shelves or online.
Lifting these tariffs and getting more formula on physical shelves would be especially helpful for families participating in the WIC program, the Women, Infants, and Children program.
For the WIC program, parents must use those resources in brick-and- mortar retail stores, and they can't be used for online purchases currently. About half of the baby formula purchased in the United States is purchased through WIC.
This legislation has strong bipartisan support from the leadership of the Ways and Means Subcommittee on Trade, Chair Blumenauer, Ranking Member Adrian Smith, and my subcommittee colleagues, Representatives John Larson, Dan Kildee, and Drew Ferguson. In the Senate, we are supported by Senators Mike Lee, Bob Menendez, Todd Young, and Mike Braun.
Families need our help, and they need it now. Madam Speaker, I urge my colleagues to support this bill with the same speed and bipartisan force as they did 2 months ago. We worked hand in hand with our Senate partners to ensure that this measure would pass immediately. We can't delay while parents are struggling to feed their children.
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Ms. DelBENE. Madam Speaker, I yield 2 minutes to the gentleman from Connecticut (Mr. Larson), who has been a leader on this issue and who is an original cosponsor of this legislation.
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Ms. DelBENE. Madam Speaker, I yield 3 minutes to the gentleman from Oregon (Mr. Blumenauer), the chairman of the Subcommittee on Trade who has been an incredible leader on this issue and on the Formula Act that we passed in July.
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Ms. DelBENE. Madam Speaker, I thank the ranking member for all of his support on this legislation. It is something that will impact families across the country right away. It not only will help to make baby formula more available, but also to reduce the cost of that formula, and, in particular, help the families who are using WIC across the country.
Madam Speaker, I appreciate the strong bipartisan support in the House and the Senate, and it is important for us to move quickly. I urge my colleagues to support this legislation, and I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise in support of H.R. 8982, which amends the Harmonized Tariff Schedule to suspend tariffs on the imports of formula base powders that are used to manufacture infant formula in the United States.
The reason why this bill is so important can best be demonstrated by conversations that I had at the height of the baby formula shortage earlier this year.
This past spring, 40 percent of baby formula stock that is normally available nationwide was not available in stores.
Practically the entire country was alarmed at this because so many American families rely on baby formula, and even among those who don't, virtually every American knows some family with a young child.
As the founder and Chair of the Congressional Children's Caucus, the needs of women, families, and children are my consistent priority, and the unavailability of baby formula amounted to a crisis.
To address the shortage, in May, I hosted a baby formula give-a-way event in my TX-18th district of Houston.
At the event, I witnessed first-hand the struggles faced by mothers in need. Constituents came to me with open arms and gratitude for the opportunity to receive baby formula that they couldn't find in stores.
Many families described the stress and anxiety of not being able to properly nourish their infant children since baby formula was nowhere to be found locally or online.
Infants are put at risk of physical and mental impairment without proper nourishment. The legislation we are voting on today will dramatically increase the availability of formula so that children are no longer at risk of these problems.
By suspending tariffs on base powders for infant formula this bill would enable us to boost the domestic production that is necessary to get infant formula back on our shelves in sufficient quantity nationwide. The renewed, consistent output and distribution of baby formula would ameliorate the nationwide short supply of these essential products that was amplified by pandemic-related supply chain issues.
In response to these shortages, the Food and Drug Administration exercised selective enforcement of base formula regulations to amend the importation of safe infant formula from other countries.
Earlier this year, Congress passed the Formula Act, which lifted steep tariffs on baby formula until the end of this year.
While this alleviated the immediate shortage and parents began to find baby formula in stores, the Formula Act only suspended tariffs on infant formula itself and not the ingredients necessary to make it,
There are still high tariffs on infant formula base powders, a key foundational component necessary for making baby formula products.
This is an issue that needs to be addressed now because if we do not have the key components that are needed to make infant formula, then the current tariff suspensions we have are of no use in the long run.
It is imperative that we eliminate any obstacles in the way of getting formula back onto the shelves and in the hands of parents everywhere.
Tariffs are set in place to protect our trade but with the health of our country's infants at risk, ensuring that baby formula is easily and consistently available in stores must always remain a priority.
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