Background

Some have wondered why Congress isn’t more assertive in exercising its constitutional Article I, Section 8 authority over tariffs, particularly to help U.S. manufacturers cope with the whiplash of constantly changing tariffs on critical inputs and machinery needed for production. At last we’re seeing legislation that attempts to address this issue.

Rep. Max Miller, R-Ohio, a member of the House Ways and Means Committee, recently introduced H.R. 6914, the Trusted Importer and Competitive Manufacturing Act. This bill would create a new certification program designed to help U.S. firms import essential inputs by reducing or waiving certain tariffs.

Under Miller’s proposal the Commerce Department, working with U.S. Customs and Border Protection, would evaluate importers based on supply chain security, compliance with trade and customs laws, financial solvency, operational capacity, and their contribution to U.S. manufacturing competitiveness. Companies that meet specified standards could be designated “trusted importers” and issued licenses allowing them to pay reduced or waived tariffs on covered imports.

Licenses would last ten years, with the option to renew for another ten if requirements continue to be met, but could be revoked for violations of trade laws. Commerce and CBP would be required to report to Congress every other year on compliance, enforcement actions, import volumes and values, and the program’s impact on U.S. manufacturing. 

Eligible goods would be designated at the president’s discretion, using criteria that include strengthening U.S. manufacturing competitiveness, protecting domestic supply chains, and promoting new market access for U.S.-origin goods. 

Importantly, the proposed program would apply only to tariffs imposed since early 2025. It would not override Section 201 duties or antidumping and countervailing duty orders, and all imports would remain subject to normal MFN/NTR (column 1) duties.

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