This chapter may be cited as the “Bipartisan Trade Promotion Authority Act of 2002”.
The Congress makes the following findings:
(1) The expansion of international trade is vital to the national security of the United States. Trade is critical to the economic growth and strength of the United States and to its leadership in the world. Stable trading relationships promote security and prosperity. Trade agreements today serve the same purposes that security pacts played during the Cold War, binding nations together through a series of mutual rights and obligations. Leadership by the United States in international trade fosters open markets, democracy, and peace throughout the world.
(2) The national security of the United States depends on its economic security, which in turn is founded upon a vibrant and growing industrial base. Trade expansion has been the engine of economic growth. Trade agreements maximize opportunities for the critical sectors and building blocks of the economy of the United States, such as information technology, telecommunications and other leading technologies, basic industries, capital equipment, medical equipment, services, agriculture, environmental technology, and intellectual property. Trade will create new opportunities for the United States and preserve the unparalleled strength of the United States in economic, political, and military affairs. The United States, secured by expanding trade and economic opportunities, will meet the challenges of the twenty-first century.
(3) Support for continued trade expansion requires that dispute settlement procedures under international trade agreements not add to or diminish the rights and obligations provided in such agreements. Therefore—
(A) the recent pattern of decisions by dispute settlement panels of the WTO and the Appellate Body to impose obligations and restrictions on the use of antidumping, countervailing, and safeguard measures by WTO members under the Antidumping Agreement, the Agreement on Subsidies and Countervailing Measures, and the Agreement on Safeguards has raised concerns; and
(B) the Congress is concerned that dispute settlement panels of the WTO and the Appellate Body appropriately apply the standard of review contained in Article 17.6 of the Antidumping Agreement, to provide deference to a permissible interpretation by a WTO member of provisions of that Agreement, and to the evaluation by a WTO member of the facts where that evaluation is unbiased and objective and the establishment of the facts is proper.
(Pub. L. 107–210, div. B, title XXI, §2101, Aug. 6, 2002, 116 Stat. 993.)
This chapter, referred to in subsec. (a), was in the original “This title”, meaning title XXI of Pub. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which enacted this chapter and amended sections 2151 to 2155, 2191, and 2212 of this title. For complete classification of title XXI to the Code, see Tables.
Pub. L. 107–210, §1, Aug. 6, 2002, 116 Stat. 933, provided that: “This Act [see Tables for classification] may be cited as the ‘Trade Act of 2002’.”
Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, as amended by Ex. Ord. No. 13346, §4, July 8, 2004, 69 F.R. 41906, provided:
By the authority vested in me as President by the Constitution and the laws of the United States, including the Trade Act of 2002 (the “Act”) (Public Law 107–210) [see Short Title note above] and section 301 of title 3, United States Code, it is hereby ordered as follows:
(b) The exercise of the following authorities of, and functions specifically assigned to the President, under Division B of the Act are reserved to the President:
(1) Section 2102(c)(1), (c)(6), (c)(10) and (e) of the Act [19 U.S.C. 3802(c)(1), (6), (10), (e)];
(2) Section 2103(a)(1), (a)(4), (a)(6), b(1) [(b)(1)], (c)(1)(B)(i), and (c)(2) of the Act [19 U.S.C. 3803(a)(1), (4), (6), (b)(1), (c)(1)(B)(i), (2)];
(3) Section 2105(a)(1)(A) and (C) of the Act [19 U.S.C. 3805(a)(1)(A), (C)]; and
(4) Section 2108(b) of the Act [19 U.S.C. 3808(b)].
(c)(i) The Secretary of State, in consultation with the Secretary of Labor and the U.S. Trade Representative, shall carry out the functions of section 2102(c)(2) of the Act [19 U.S.C. 3802(c)(2)] with respect to establishing consultative mechanisms. The U.S. Trade Representative, in consultation with the Secretary of State and the Secretary of Labor, shall carry out the reporting function under section 2102(c)(2).
(ii) The Secretary of State, in consultation with the U.S. Trade Representative, shall carry out the functions under section 2102(c)(3) of the Act with respect to establishing consultative mechanisms, with the advice and assistance of the Secretary of the Interior, the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, the Secretary of Commerce and, as the Secretary of State determines appropriate, the heads of such other departments and agencies. The U.S. Trade Representative, in consultation with the Secretary of State, shall carry out the reporting function under section 2103(c)(3) [19 U.S.C. 3803(c)(3)].
(iii) The U.S. Trade Representative shall carry out the functions under section 2102(c)(5) of the Act. The U.S. Trade Representative shall, in consultation with the Secretary of Labor, carry out the reporting function and the function of making a report available under section 2102(c)(5).
(iv) The Secretary of Labor shall carry out section 2102(c)(7) of the Act, in consultation with the Secretary of State.
(v) The Secretary of Labor, in consultation with the Secretary of State and the U.S. Trade Representative, shall carry out the functions under section 2102(c)(8) and (c)(9).
(vi) The Secretary of the Treasury shall carry out section 2102(c)(12) of the Act, including any appropriate consultations with the Congress relating thereto.
(b) The exercise of the following authorities of, and functions specifically assigned to, the President under Division C of the Act are reserved to the President:
(i) The authority to proclaim under sections 204(b)(1) and 204(b)(3)(B)(ii), and the authority to designate beneficiary countries under section 204(b)(6)(B), of the Andean Trade Preference Act [19 U.S.C. 3203(b)(1), (3)(B)(ii), (6)(B)] as amended by section 3103(a)(2) of the Act; and
(ii) The authority to make determinations under section 203(e)(1)(B) of the Andean Trade Preference Act [19 U.S.C. 3202(e)(1)(B)] as amended by section 3103(b) of the Act.
(c) The head of the executive department of which the United States Customs Service is a part shall take such actions to carry out determinations and actions pursuant to the Andean Trade Preference Act, as amended [19 U.S.C. 3201 et seq.], as directed pursuant to the authority delegated to the U.S. Trade Representative under this order.
(b) In exercising authority delegated by, or performing functions assigned in, this order, and in performing duties related to the trade agreements program as defined in Executive Order 11846 [19 U.S.C. 2111 note], officers of the United States:
(i) Shall ensure that all actions taken by them are consistent with the President's constitutional authority to (A) conduct the foreign affairs of the United States, including the commencement, conduct, and termination of negotiations with foreign countries and international organizations, (B) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties, (C) recommend for congressional consideration such measures as the President may judge necessary or expedient, and (D) supervise the unitary executive branch;
(ii) May redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other department or agency within the executive branch to the extent permitted by law and such redelegation or further assignment shall be published in the Federal Register; and
(iii) Shall consult the Attorney General as appropriate in implementing this subsection.
George W. Bush.
The overall trade negotiating objectives of the United States for agreements subject to the provisions of section 3803 of this title are—
(1) to obtain more open, equitable, and reciprocal market access;
(2) to obtain the reduction or elimination of barriers and distortions that are directly related to trade and that decrease market opportunities for United States exports or otherwise distort United States trade;
(3) to further strengthen the system of international trading disciplines and procedures, including dispute settlement;
(4) to foster economic growth, raise living standards, and promote full employment in the United States and to enhance the global economy;
(5) to ensure that trade and environmental policies are mutually supportive and to seek to protect and preserve the environment and enhance the international means of doing so, while optimizing the use of the world's resources;
(6) to promote respect for worker rights and the rights of children consistent with core labor standards of the ILO (as defined in section 3813(6) of this title) and an understanding of the relationship between trade and worker rights;
(7) to seek provisions in trade agreements under which parties to those agreements strive to ensure that they do not weaken or reduce the protections afforded in domestic environmental and labor laws as an encouragement for trade;
(8) to ensure that trade agreements afford small businesses equal access to international markets, equitable trade benefits, and expanded export market opportunities, and provide for the reduction or elimination of trade barriers that disproportionately impact small businesses; and
(9) to promote universal ratification and full compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor.
The principal negotiating objectives of the United States regarding trade barriers and other trade distortions are—
(A) to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that decrease market opportunities for United States exports or otherwise distort United States trade; and
(B) to obtain reciprocal tariff and nontariff barrier elimination agreements, with particular attention to those tariff categories covered in section 3521(b) of this title.
The principal negotiating objective of the United States regarding trade in services is to reduce or eliminate barriers to international trade in services, including regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service suppliers.
Recognizing that United States law on the whole provides a high level of protection for investment, consistent with or greater than the level required by international law, the principal negotiating objectives of the United States regarding foreign investment are to reduce or eliminate artificial or trade-distorting barriers to foreign investment, while ensuring that foreign investors in the United States are not accorded greater substantive rights with respect to investment protections than United States investors in the United States, and to secure for investors important rights comparable to those that would be available under United States legal principles and practice, by—
(A) reducing or eliminating exceptions to the principle of national treatment;
(B) freeing the transfer of funds relating to investments;
(C) reducing or eliminating performance requirements, forced technology transfers, and other unreasonable barriers to the establishment and operation of investments;
(D) seeking to establish standards for expropriation and compensation for expropriation, consistent with United States legal principles and practice;
(E) seeking to establish standards for fair and equitable treatment consistent with United States legal principles and practice, including the principle of due process;
(F) providing meaningful procedures for resolving investment disputes;
(G) seeking to improve mechanisms used to resolve disputes between an investor and a government through—
(i) mechanisms to eliminate frivolous claims and to deter the filing of frivolous claims;
(ii) procedures to ensure the efficient selection of arbitrators and the expeditious disposition of claims;
(iii) procedures to enhance opportunities for public input into the formulation of government positions; and
(iv) providing for an appellate body or similar mechanism to provide coherence to the interpretations of investment provisions in trade agreements; and
(H) ensuring the fullest measure of transparency in the dispute settlement mechanism, to the extent consistent with the need to protect information that is classified or business confidential, by—
(i) ensuring that all requests for dispute settlement are promptly made public;
(ii) ensuring that—
(I) all proceedings, submissions, findings, and decisions are promptly made public; and
(II) all hearings are open to the public; and
(iii) establishing a mechanism for acceptance of amicus curiae submissions from businesses, unions, and nongovernmental organizations.
The principal negotiating objectives of the United States regarding trade-related intellectual property are—
(A) to further promote adequate and effective protection of intellectual property rights, including through—
(i)(I) ensuring accelerated and full implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title, particularly with respect to meeting enforcement obligations under that agreement; and
(II) ensuring that the provisions of any multilateral or bilateral trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of protection similar to that found in United States law;
(ii) providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property;
(iii) preventing or eliminating discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights;
(iv) ensuring that standards of protection and enforcement keep pace with technological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works; and
(v) providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms;
(B) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection; and
(C) to respect the Declaration on the TRIPS Agreement and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001.
The principal negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency through—
(A) increased and more timely public access to information regarding trade issues and the activities of international trade institutions;
(B) increased openness at the WTO and other international trade fora by increasing public access to appropriate meetings, proceedings, and submissions, including with regard to dispute settlement and investment; and
(C) increased and more timely public access to all notifications and supporting documentation submitted by parties to the WTO.
The principal negotiating objectives of the United States with respect to the use of money or other things of value to influence acts, decisions, or omissions of foreign governments or officials or to secure any improper advantage in a manner affecting trade are—
(A) to obtain high standards and appropriate domestic enforcement mechanisms applicable to persons from all countries participating in the applicable trade agreement that prohibit such attempts to influence acts, decisions, or omissions of foreign governments; and
(B) to ensure that such standards do not place United States persons at a competitive disadvantage in international trade.
The principal negotiating objectives of the United States regarding the improvement of the World Trade Organization, the Uruguay Round Agreements, and other multilateral and bilateral trade agreements are—
(A) to achieve full implementation and extend the coverage of the World Trade Organization and such agreements to products, sectors, and conditions of trade not adequately covered; and
(B) to expand country participation in and enhancement of the Information Technology Agreement and other trade agreements.
The principal negotiating objectives of the United States regarding the use of government regulation or other practices by foreign governments to provide a competitive advantage to their domestic producers, service providers, or investors and thereby reduce market access for United States goods, services, and investments are—
(A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations;
(B) to require that proposed regulations be based on sound science, cost-benefit analysis, risk assessment, or other objective evidence;
(C) to establish consultative mechanisms among parties to trade agreements to promote increased transparency in developing guidelines, rules, regulations, and laws for government procurement and other regulatory regimes; and
(D) to achieve the elimination of government measures such as price controls and reference pricing which deny full market access for United States products.
The principal negotiating objectives of the United States with respect to electronic commerce are—
(A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization apply to electronic commerce;
(B) to ensure that—
(i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and
(ii) the classification of such goods and services ensures the most liberal trade treatment possible;
(C) to ensure that governments refrain from implementing trade-related measures that impede electronic commerce;
(D) where legitimate policy objectives require domestic regulations that affect electronic commerce, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and
(E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions.
(A) The principal negotiating objective of the United States with respect to agriculture is to obtain competitive opportunities for United States exports of agricultural commodities in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in bulk, specialty crop, and value-added commodities by—
(i) reducing or eliminating, by a date certain, tariffs or other charges that decrease market opportunities for United States exports—
(I) giving priority to those products that are subject to significantly higher tariffs or subsidy regimes of major producing countries; and
(II) providing reasonable adjustment periods for United States import-sensitive products, in close consultation with the Congress on such products before initiating tariff reduction negotiations;
(ii) reducing tariffs to levels that are the same as or lower than those in the United States;
(iii) reducing or eliminating subsidies that decrease market opportunities for United States exports or unfairly distort agriculture markets to the detriment of the United States;
(iv) allowing the preservation of programs that support family farms and rural communities but do not distort trade;
(v) developing disciplines for domestic support programs, so that production that is in excess of domestic food security needs is sold at world prices;
(vi) eliminating government policies that create price-depressing surpluses;
(vii) eliminating state trading enterprises whenever possible;
(viii) developing, strengthening, and clarifying rules and effective dispute settlement mechanisms to eliminate practices that unfairly decrease United States market access opportunities or distort agricultural markets to the detriment of the United States, particularly with respect to import-sensitive products, including—
(I) unfair or trade-distorting activities of state trading enterprises and other administrative mechanisms, with emphasis on requiring price transparency in the operation of state trading enterprises and such other mechanisms in order to end cross subsidization, price discrimination, and price undercutting;
(II) unjustified trade restrictions or commercial requirements, such as labeling, that affect new technologies, including biotechnology;
(III) unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in contravention of the Uruguay Round Agreements;
(IV) other unjustified technical barriers to trade; and
(V) restrictive rules in the administration of tariff rate quotas;
(ix) eliminating practices that adversely affect trade in perishable or cyclical products, while improving import relief mechanisms to recognize the unique characteristics of perishable and cyclical agriculture;
(x) ensuring that import relief mechanisms for perishable and cyclical agriculture are as accessible and timely to growers in the United States as those mechanisms that are used by other countries;
(xi) taking into account whether a party to the negotiations has failed to adhere to the provisions of already existing trade agreements with the United States or has circumvented obligations under those agreements;
(xii) taking into account whether a product is subject to market distortions by reason of a failure of a major producing country to adhere to the provisions of already existing trade agreements with the United States or by the circumvention by that country of its obligations under those agreements;
(xiii) otherwise ensuring that countries that accede to the World Trade Organization have made meaningful market liberalization commitments in agriculture;
(xiv) taking into account the impact that agreements covering agriculture to which the United States is a party, including the North American Free Trade Agreement, have on the United States agricultural industry;
(xv) maintaining bona fide food assistance programs and preserving United States market development and export credit programs; and
(xvi) striving to complete a general multilateral round in the World Trade Organization by January 1, 2005, and seeking the broadest market access possible in multilateral, regional, and bilateral negotiations, recognizing the effect that simultaneous sets of negotiations may have on United States import-sensitive commodities (including those subject to tariff-rate quotas).
(B)(i) Before commencing negotiations with respect to agriculture, the United States Trade Representative, in consultation with the Congress, shall seek to develop a position on the treatment of seasonal and perishable agricultural products to be employed in the negotiations in order to develop an international consensus on the treatment of seasonal or perishable agricultural products in investigations relating to dumping and safeguards and in any other relevant area.
(ii) During any negotiations on agricultural subsidies, the United States Trade Representative shall seek to establish the common base year for calculating the Aggregated Measurement of Support (as defined in the Agreement on Agriculture) as the end of each country's Uruguay Round implementation period, as reported in each country's Uruguay Round market access schedule.
(iii) The negotiating objective provided in subparagraph (A) applies with respect to agricultural matters to be addressed in any trade agreement entered into under section 3803(a) or (b) of this title, including any trade agreement entered into under section 3803(a) or (b) of this title that provides for accession to a trade agreement to which the United States is already a party, such as the North American Free Trade Agreement and the United States-Canada Free Trade Agreement.
The principal negotiating objectives of the United States with respect to labor and the environment are—
(A) to ensure that a party to a trade agreement with the United States does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring course of action or inaction, in a manner affecting trade between the United States and that party after entry into force of a trade agreement between those countries;
(B) to recognize that parties to a trade agreement retain the right to exercise discretion with respect to investigatory, prosecutorial, regulatory, and compliance matters and to make decisions regarding the allocation of resources to enforcement with respect to other labor or environmental matters determined to have higher priorities, and to recognize that a country is effectively enforcing its laws if a course of action or inaction reflects a reasonable exercise of such discretion, or results from a bona fide decision regarding the allocation of resources, and no retaliation may be authorized based on the exercise of these rights or the right to establish domestic labor standards and levels of environmental protection;
(C) to strengthen the capacity of United States trading partners to promote respect for core labor standards (as defined in section 3813(6) of this title);
(D) to strengthen the capacity of United States trading partners to protect the environment through the promotion of sustainable development;
(E) to reduce or eliminate government practices or policies that unduly threaten sustainable development;
(F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental technologies, goods, and services; and
(G) to ensure that labor, environmental, health, or safety policies and practices of the parties to trade agreements with the United States do not arbitrarily or unjustifiably discriminate against United States exports or serve as disguised barriers to trade.
The principal negotiating objectives of the United States with respect to dispute settlement and enforcement of trade agreements are—
(A) to seek provisions in trade agreements providing for resolution of disputes between governments under those trade agreements in an effective, timely, transparent, equitable, and reasoned manner, requiring determinations based on facts and the principles of the agreements, with the goal of increasing compliance with the agreements;
(B) to seek to strengthen the capacity of the Trade Policy Review Mechanism of the World Trade Organization to review compliance with commitments;
(C) to seek adherence by panels convened under the Dispute Settlement Understanding and by the Appellate Body to the standard of review applicable under the Uruguay Round Agreement involved in the dispute, including greater deference, where appropriate, to the fact-finding and technical expertise of national investigating authorities;
(D) to seek provisions encouraging the early identification and settlement of disputes through consultation;
(E) to seek provisions to encourage the provision of trade-expanding compensation if a party to a dispute under the agreement does not come into compliance with its obligations under the agreement;
(F) to seek provisions to impose a penalty upon a party to a dispute under the agreement that—
(i) encourages compliance with the obligations of the agreement;
(ii) is appropriate to the parties, nature, subject matter, and scope of the violation; and
(iii) has the aim of not adversely affecting parties or interests not party to the dispute while maintaining the effectiveness of the enforcement mechanism; and
(G) to seek provisions that treat United States principal negotiating objectives equally with respect to—
(i) the ability to resort to dispute settlement under the applicable agreement;
(ii) the availability of equivalent dispute settlement procedures; and
(iii) the availability of equivalent remedies.
The principal negotiating objectives of the United States regarding trade in civil aircraft are those set forth in section 3555(c) of this title and regarding rules of origin are the conclusion of an agreement described in section 3552 of this title.
The principal negotiating objectives of the United States with respect to trade remedy laws are—
(A) to preserve the ability of the United States to enforce rigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws, and avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies, or that lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and
(B) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers.
The principal negotiating objective of the United States regarding border taxes is to obtain a revision of the WTO rules with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes.
The principal negotiating objectives of the United States with respect to trade in textiles and apparel articles are to obtain competitive opportunities for United States exports of textiles and apparel in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in textiles and apparel.
The principal negotiating objective of the United States with respect to the trade-related aspects of the worst forms of child labor are to seek commitments by parties to trade agreements to vigorously enforce their own laws prohibiting the worst forms of child labor.
In order to address and maintain United States competitiveness in the global economy, the President shall—
(1) seek greater cooperation between the WTO and the ILO;
(2) seek to establish consultative mechanisms among parties to trade agreements to strengthen the capacity of United States trading partners to promote respect for core labor standards (as defined in section 3813(6) of this title) and to promote compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, and report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the content and operation of such mechanisms;
(3) seek to establish consultative mechanisms among parties to trade agreements to strengthen the capacity of United States trading partners to develop and implement standards for the protection of the environment and human health based on sound science, and report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the content and operation of such mechanisms;
(4) conduct environmental reviews of future trade and investment agreements, consistent with Executive Order 13141 of November 16, 1999, and its relevant guidelines, and report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on such reviews;
(5) review the impact of future trade agreements on United States employment, including labor markets, modeled after Executive Order 13141 to the extent appropriate in establishing procedures and criteria, report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on such review, and make that report available to the public;
(6) take into account other legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, and consumer interests and the law and regulations related thereto;
(7) direct the Secretary of Labor to consult with any country seeking a trade agreement with the United States concerning that country's labor laws and provide technical assistance to that country if needed;
(8) in connection with any trade negotiations entered into under this chapter, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a meaningful labor rights report of the country, or countries, with respect to which the President is negotiating, on a time frame determined in accordance with section 3807(b)(2)(E) of this title;
(9) with respect to any trade agreement which the President seeks to implement under trade authorities procedures, submit to the Congress a report describing the extent to which the country or countries that are parties to the agreement have in effect laws governing exploitative child labor;
(10) continue to promote consideration of multilateral environmental agreements and consult with parties to such agreements regarding the consistency of any such agreement that includes trade measures with existing environmental exceptions under Article XX of the GATT 1994;
(11) report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, not later than 12 months after the imposition of a penalty or remedy by the United States permitted by a trade agreement to which this chapter applies, on the effectiveness of the penalty or remedy applied under United States law in enforcing United States rights under the trade agreement; and
(12) seek to establish consultative mechanisms among parties to trade agreements to examine the trade consequences of significant and unanticipated currency movements and to scrutinize whether a foreign government is engaged in a pattern of manipulating its currency to promote a competitive advantage in international trade.
The report under paragraph (11) shall address whether the penalty or remedy was effective in changing the behavior of the targeted party and whether the penalty or remedy had any adverse impact on parties or interests not party to the dispute.
In the course of negotiations conducted under this chapter, the United States Trade Representative shall consult closely and on a timely basis with, and keep fully apprised of the negotiations, the Congressional Oversight Group convened under section 3807 of this title and all committees of the House of Representatives and the Senate with jurisdiction over laws that would be affected by a trade agreement resulting from the negotiations.
In the course of negotiations conducted under this chapter, the United States Trade Representative shall—
(A) consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the congressional advisers for trade policy and negotiations appointed under section 2211 of this title, the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Congressional Oversight Group convened under section 3807 of this title; and
(B) with regard to any negotiations and agreement relating to agricultural trade, also consult closely and on a timely basis (including immediately before initialing an agreement) with, and keep fully apprised of the negotiations, the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
In determining whether to enter into negotiations with a particular country, the President shall take into account the extent to which that country has implemented, or has accelerated the implementation of, its obligations under the Uruguay Round Agreements.
(Pub. L. 107–210, div. B, title XXI, §2102, Aug. 6, 2002, 116 Stat. 994; Pub. L. 108–429, title II, §2004(a)(16), Dec. 3, 2004, 118 Stat. 2591.)
Executive Order 13141, referred to in subsec. (c)(4) and (5), is set out as a note under section 2112 of this title.
This chapter, referred to in subsec. (c)(8), was in the original “this title”, meaning title XXI of Pub. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which enacted this chapter and amended sections 2151 to 2155, 2191, and 2212 of this title. For complete classification of title XXI to the Code, see Tables.
2004—Subsec. (c)(8). Pub. L. 108–429, §2004(a)(16)(A), substituted “this chapter” for “this Act”.
Subsec. (c)(12). Pub. L. 108–429, §2004(a)(16)(B), substituted “government is engaged” for “government engaged”.
For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objectives of this chapter will be promoted thereby, the President—
(A) may enter into trade agreements with foreign countries before—
(i) July 1, 2005; or
(ii) July 1, 2007, if trade authorities procedures are extended under subsection (c) of this section; and
(B) may, subject to paragraphs (2) and (3), proclaim—
(i) such modification or continuance of any existing duty,
(ii) such continuance of existing duty-free or excise treatment, or
(iii) such additional duties,
as the President determines to be required or appropriate to carry out any such trade agreement.
The President shall notify the Congress of the President's intention to enter into an agreement under this subsection.
No proclamation may be made under paragraph (1) that—
(A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 6, 2002) to a rate of duty which is less than 50 percent of the rate of such duty that applies on August 6, 2002;
(B) reduces the rate of duty below that applicable under the Uruguay Round Agreements, on any import sensitive agricultural product; or
(C) increases any rate of duty above the rate that applied on August 6, 2002.
Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if—
(i) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed under paragraph (1) to carry out such agreement with respect to such article; and
(ii) a reduction equal to the amount applicable under clause (i) had taken effect at 1-year intervals after the effective date of such first reduction.
No staging is required under subparagraph (A) with respect to a duty reduction that is proclaimed under paragraph (1) for an article of a kind that is not produced in the United States. The United States International Trade Commission shall advise the President of the identity of articles that may be exempted from staging under this subparagraph.
If the President determines that such action will simplify the computation of reductions under paragraph (3), the President may round an annual reduction by an amount equal to the lesser of—
(A) the difference between the reduction without regard to this paragraph and the next lower whole number; or
(B) one-half of 1 percent ad valorem.
A rate of duty reduction that may not be proclaimed by reason of paragraph (2) may take effect only if a provision authorizing such reduction is included within an implementing bill provided for under section 3805 of this title and that bill is enacted into law.
Notwithstanding paragraphs (1)(B), (2)(A), (2)(C), and (3) through (5), and subject to the consultation and layover requirements of section 115 of the Uruguay Round Agreements Act [19 U.S.C. 3524], the President may proclaim the modification of any duty or staged rate reduction of any duty set forth in Schedule XX, as defined in section 2(5) of that Act [19 U.S.C. 3501(5)], if the United States agrees to such modification or staged rate reduction in a negotiation for the reciprocal elimination or harmonization of duties under the auspices of the World Trade Organization.
Nothing in this subsection shall limit the authority provided to the President under section 111(b) of the Uruguay Round Agreements Act (19 U.S.C. 3521(b)).
(A) Whenever the President determines that—
(i) one or more existing duties or any other import restriction of any foreign country or the United States or any other barrier to, or other distortion of, international trade unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy, or
(ii) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect,
and that the purposes, policies, priorities, and objectives of this chapter will be promoted thereby, the President may enter into a trade agreement described in subparagraph (B) during the period described in subparagraph (C).
(B) The President may enter into a trade agreement under subparagraph (A) with foreign countries providing for—
(i) the reduction or elimination of a duty, restriction, barrier, or other distortion described in subparagraph (A); or
(ii) the prohibition of, or limitation on the imposition of, such barrier or other distortion.
(C) The President may enter into a trade agreement under this paragraph before—
(i) July 1, 2005; or
(ii) July 1, 2007, if trade authorities procedures are extended under subsection (c) of this section.
A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in section 3802(a) and (b) of this title and the President satisfies the conditions set forth in section 3804 of this title.
(A) The provisions of section 2191 of this title (in this chapter referred to as “trade authorities procedures”) apply to a bill of either House of Congress which contains provisions described in subparagraph (B) to the same extent as such section 2191 of this title applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this chapter be referred to as an “implementing bill”.
(B) The provisions referred to in subparagraph (A) are—
(i) a provision approving a trade agreement entered into under this subsection and approving the statement of administrative action, if any, proposed to implement such trade agreement; and
(ii) if changes in existing laws or new statutory authority are required to implement such trade agreement or agreements, provisions, necessary or appropriate to implement such trade agreement or agreements, either repealing or amending existing laws or providing new statutory authority.
Except as provided in section 3805(b) of this title—
(A) the trade authorities procedures apply to implementing bills submitted with respect to trade agreements entered into under subsection (b) of this section before July 1, 2005; and
(B) the trade authorities procedures shall be extended to implementing bills submitted with respect to trade agreements entered into under subsection (b) of this section after June 30, 2005, and before July 1, 2007, if (and only if)—
(i) the President requests such extension under paragraph (2); and
(ii) neither House of the Congress adopts an extension disapproval resolution under paragraph (5) before July 1, 2005.
If the President is of the opinion that the trade authorities procedures should be extended to implementing bills described in paragraph (1)(B), the President shall submit to the Congress, not later than April 1, 2005, a written report that contains a request for such extension, together with—
(A) a description of all trade agreements that have been negotiated under subsection (b) of this section and the anticipated schedule for submitting such agreements to the Congress for approval;
(B) a description of the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this chapter, and a statement that such progress justifies the continuation of negotiations; and
(C) a statement of the reasons why the extension is needed to complete the negotiations.
The President shall promptly inform the Advisory Committee for Trade Policy and Negotiations established under section 2155 of this title of the President's decision to submit a report to the Congress under paragraph (2). The Advisory Committee shall submit to the Congress as soon as practicable, but not later than June 1, 2005, a written report that contains—
(i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this chapter; and
(ii) a statement of its views, and the reasons therefor, regarding whether the extension requested under paragraph (2) should be approved or disapproved.
The President shall promptly inform the International Trade Commission of the President's decision to submit a report to the Congress under paragraph (2). The International Trade Commission shall submit to the Congress as soon as practicable, but not later than June 1, 2005, a written report that contains a review and analysis of the economic impact on the United States of all trade agreements implemented between August 6, 2002, and the date on which the President decides to seek an extension requested under paragraph (2).
The reports submitted to the Congress under paragraphs (2) and (3), or any portion of such reports, may be classified to the extent the President determines appropriate.
(A) For purposes of paragraph (1), the term “extension disapproval resolution” means a resolution of either House of the Congress, the sole matter after the resolving clause of which is as follows: “That the ____ disapproves the request of the President for the extension, under section 2103(c)(1)(B)(i) of the Bipartisan Trade Promotion Authority Act of 2002, of the trade authorities procedures under that Act to any implementing bill submitted with respect to any trade agreement entered into under section 2103(b) of that Act after June 30, 2005.”, with the blank space being filled with the name of the resolving House of the Congress.
(B) Extension disapproval resolutions—
(i) may be introduced in either House of the Congress by any member of such House; and
(ii) shall be referred, in the House of Representatives, to the Committee on Ways and Means and, in addition, to the Committee on Rules.
(C) The provisions of section 2192(d) and (e) of this title (relating to the floor consideration of certain resolutions in the House and Senate) apply to extension disapproval resolutions.
(D) It is not in order for—
(i) the Senate to consider any extension disapproval resolution not reported by the Committee on Finance;
(ii) the House of Representatives to consider any extension disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules; or
(iii) either House of the Congress to consider an extension disapproval resolution after June 30, 2005.
In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the principal negotiating objectives set forth in section 3802(b) of this title.
(Pub. L. 107–210, div. B, title XXI, §2103, Aug. 6, 2002, 116 Stat. 1004; Pub. L. 108–429, title II, §2004(a)(17), Dec. 3, 2004, 118 Stat. 2591.)
The Bipartisan Trade Promotion Authority Act of 2002, referred to in subsec. (c)(5)(A), is title XXI of Pub. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which is classified principally to this chapter. Section 2103 of the Act is classified to this section. For complete classification of title XXI to the Code, see section 3801(a) of this title and Tables.
2004—Subsec. (a)(1)(A). Pub. L. 108–429, §2004(a)(17)(A), substituted “July 1” for “June 1” in two places.
Subsec. (b)(1)(C). Pub. L. 108–429, §2004(a)(17)(B), substituted “July 1” for “June 1” in two places.
Subsec. (c)(1)(B)(ii). Pub. L. 108–429, §2004(a)(17)(C)(i), substituted “July 1” for “June 1”.
Subsec. (c)(2). Pub. L. 108–429, §2004(a)(17)(C)(ii), substituted “April 1” for “March 1” in introductory provisions.
Subsec. (c)(3). Pub. L. 108–429, §2004(a)(17)(C)(iii), substituted “June 1” for “May 1” in two places.
For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
The President, with respect to any agreement that is subject to the provisions of section 3803(b) of this title, shall—
(1) provide, at least 90 calendar days before initiating negotiations, written notice to the Congress of the President's intention to enter into the negotiations and set forth therein the date the President intends to initiate such negotiations, the specific United States objectives for the negotiations, and whether the President intends to seek an agreement, or changes to an existing agreement;
(2) before and after submission of the notice, consult regarding the negotiations with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, such other committees of the House and Senate as the President deems appropriate, and the Congressional Oversight group convened under section 3807 of this title; and
(3) upon the request of a majority of the members of the Congressional Oversight Group under section 3807(c) of this title, meet with the Congressional Oversight Group before initiating the negotiations or at any other time concerning the negotiations.
Before initiating or continuing negotiations the subject matter of which is directly related to the subject matter under section 3802(b)(10)(A)(i) of this title with any country, the President shall assess whether United States tariffs on agricultural products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country. In addition, the President shall consider whether the tariff levels bound and applied throughout the world with respect to imports from the United States are higher than United States tariffs and whether the negotiation provides an opportunity to address any such disparity. The President shall consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met.
(A) Before initiating negotiations with regard to agriculture, and, with respect to the Free Trade Area for the Americas and negotiations with regard to agriculture under the auspices of the World Trade Organization, as soon as practicable after August 6, 2002, the United States Trade Representative shall—
(i) identify those agricultural products subject to tariff-rate quotas on August 6, 2002, and agricultural products subject to tariff reductions by the United States as a result of the Uruguay Round Agreements, for which the rate of duty was reduced on January 1, 1995, to a rate which was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994;
(ii) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning—
(I) whether any further tariff reductions on the products identified under clause (i) should be appropriate, taking into account the impact of any such tariff reduction on the United States industry producing the product concerned;
(II) whether the products so identified face unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in contravention of the Uruguay Round Agreements; and
(III) whether the countries participating in the negotiations maintain export subsidies or other programs, policies, or practices that distort world trade in such products and the impact of such programs, policies, and practices on United States producers of the products;
(iii) request that the International Trade Commission prepare an assessment of the probable economic effects of any such tariff reduction on the United States industry producing the product concerned and on the United States economy as a whole; and
(iv) upon complying with clauses (i), (ii), and (iii), notify the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate of those products identified under clause (i) for which the Trade Representative intends to seek tariff liberalization in the negotiations and the reasons for seeking such tariff liberalization.
(B) If, after negotiations described in subparagraph (A) are commenced—
(i) the United States Trade Representative identifies any additional agricultural product described in subparagraph (A)(i) for tariff reductions which were not the subject of a notification under subparagraph (A)(iv), or
(ii) any additional agricultural product described in subparagraph (A)(i) is the subject of a request for tariff reductions by a party to the negotiations,
the Trade Representative shall, as soon as practicable, notify the committees referred to in subparagraph (A)(iv) of those products and the reasons for seeking such tariff reductions.
Before initiating, or continuing, negotiations which directly relate to fish or shellfish trade with any country, the President shall consult with the Committee on Ways and Means and the Committee on Resources of the House of Representatives, and the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate, and shall keep the Committees apprised of negotiations on an ongoing and timely basis.
Before initiating or continuing negotiations the subject matter of which is directly related to textiles and apparel products with any country, the President shall assess whether United States tariffs on textile and apparel products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country and whether the negotiation provides an opportunity to address any such disparity. The President shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met.
Before entering into any trade agreement under section 3803(b) of this title, the President shall consult with—
(A) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate;
(B) each other committee of the House and the Senate, and each joint committee of the Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement; and
(C) the Congressional Oversight Group convened under section 3807 of this title.
The consultation described in paragraph (1) shall include consultation with respect to—
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this chapter; and
(C) the implementation of the agreement under section 3805 of this title, including the general effect of the agreement on existing laws.
The President, at least 180 calendar days before the day on which the President enters into a trade agreement under section 3803(b) of this title, shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate—
(i) the range of proposals advanced in the negotiations with respect to that agreement, that may be in the final agreement, and that could require amendments to title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] or to chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.]; and
(ii) how these proposals relate to the objectives described in section 3802(b)(14) of this title.
With respect to a trade agreement entered into with Chile or Singapore, the report referred to in subparagraph (A) shall be submitted by the President at least 90 calendar days before the day on which the President enters into that agreement.
(i) At any time after the transmission of the report under subparagraph (A), if a resolution is introduced with respect to that report in either House of Congress, the procedures set forth in clauses (iii) through (vi) shall apply to that resolution if—
(I) no other resolution with respect to that report has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to those procedures; and
(II) no procedural disapproval resolution under section 3805(b) of this title introduced with respect to a trade agreement entered into pursuant to the negotiations to which the report under subparagraph (A) relates has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be.
(ii) For purposes of this subparagraph, the term “resolution” means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: “That the ____ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to the Congress on ____ under section 2104(d)(3) of the Bipartisan Trade Promotion Authority Act of 2002 with respect to ____, are inconsistent with the negotiating objectives described in section 2102(b)(14) of that Act.”, with the first blank space being filled with the name of the resolving House of Congress, the second blank space being filled with the appropriate date of the report, and the third blank space being filled with the name of the country or countries involved.
(iii) Resolutions in the House of Representatives—
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.
(iv) 1 Resolutions in the Senate—
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(iv) 1 It is not in order for the House of Representatives to consider any resolution that is not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules.
(v) It is not in order for the Senate to consider any resolution that is not reported by the Committee on Finance.
(vi) The provisions of section 152(d) and (e) of the Trade Act of 1974 (19 U.S.C. 2192(d) and (e)) (relating to floor consideration of certain resolutions in the House and Senate) shall apply to resolutions.
The report required under section 135(e)(1) of the Trade Act of 1974 [19 U.S.C. 2155(e)(1)] regarding any trade agreement entered into under section 3803(a) or (b) of this title shall be provided to the President, the Congress, and the United States Trade Representative not later than 30 days after the date on which the President notifies the Congress under section 3803(a)(1) or 3805(a)(1)(A) of this title of the President's intention to enter into the agreement.
The President, at least 90 calendar days before the day on which the President enters into a trade agreement under section 3803(b) of this title, shall provide the International Trade Commission (referred to in this subsection as “the Commission”) with the details of the agreement as it exists at that time and request the Commission to prepare and submit an assessment of the agreement as described in paragraph (2). Between the time the President makes the request under this paragraph and the time the Commission submits the assessment, the President shall keep the Commission current with respect to the details of the agreement.
Not later than 90 calendar days after the President enters into the agreement, the Commission shall submit to the President and the Congress a report assessing the likely impact of the agreement on the United States economy as a whole and on specific industry sectors, including the impact the agreement will have on the gross domestic product, exports and imports, aggregate employment and employment opportunities, the production, employment, and competitive position of industries likely to be significantly affected by the agreement, and the interests of United States consumers.
In preparing the assessment, the Commission shall review available economic assessments regarding the agreement, including literature regarding any substantially equivalent proposed agreement, and shall provide in its assessment a description of the analyses used and conclusions drawn in such literature, and a discussion of areas of consensus and divergence between the various analyses and conclusions, including those of the Commission regarding the agreement.
(Pub. L. 107–210, div. B, title XXI, §2104, Aug. 6, 2002, 116 Stat. 1008.)
The Tariff Act of 1930, referred to in subsec. (d)(3)(A)(i), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended. Title VII of the Act is classified generally to subtitle IV (§1671 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.
The Trade Act of 1974, referred to in subsec. (d)(3)(A)(i), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
Sections 2104(d)(3) and 2102(b)(14) of the Bipartisan Trade Promotion Authority Act of 2002, referred to in subsec. (d)(3)(C)(ii), are classified to subsec. (d)(3) of this section and section 3802(b)(14) of this title, respectively.
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
1 So in original. Two cls. (iv) have been enacted.
Any agreement entered into under section 3803(b) of this title shall enter into force with respect to the United States if (and only if)—
(A) the President, at least 90 calendar days before the day on which the President enters into the trade agreement, notifies the House of Representatives and the Senate of the President's intention to enter into the agreement, and promptly thereafter publishes notice of such intention in the Federal Register;
(B) within 60 days after entering into the agreement, the President submits to the Congress a description of those changes to existing laws that the President considers would be required in order to bring the United States into compliance with the agreement;
(C) after entering into the agreement, the President submits to the Congress, on a day on which both Houses of Congress are in session, a copy of the final legal text of the agreement, together with—
(i) a draft of an implementing bill described in section 3803(b)(3) of this title;
(ii) a statement of any administrative action proposed to implement the trade agreement; and
(iii) the supporting information described in paragraph (2); and
(D) the implementing bill is enacted into law.
The supporting information required under paragraph (1)(C)(iii) consists of—
(A) an explanation as to how the implementing bill and proposed administrative action will change or affect existing law; and
(B) a statement—
(i) asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this chapter; and
(ii) setting forth the reasons of the President regarding—
(I) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in clause (i);
(II) whether and how the agreement changes provisions of an agreement previously negotiated;
(III) how the agreement serves the interests of United States commerce;
(IV) how the implementing bill meets the standards set forth in section 3803(b)(3) of this title; and
(V) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in section 3802(c) of this title regarding the promotion of certain priorities.
In order to ensure that a foreign country that is not a party to a trade agreement entered into under section 3803(b) of this title does not receive benefits under the agreement unless the country is also subject to the obligations under the agreement, the implementing bill submitted with respect to the agreement shall provide that the benefits and obligations under the agreement apply only to the parties to the agreement, if such application is consistent with the terms of the agreement. The implementing bill may also provide that the benefits and obligations under the agreement do not apply uniformly to all parties to the agreement, if such application is consistent with the terms of the agreement.
Any agreement or other understanding with a foreign government or governments (whether oral or in writing) that—
(A) relates to a trade agreement with respect to which the Congress enacts an implementing bill under trade authorities procedures, and
(B) is not disclosed to the Congress before an implementing bill with respect to that agreement is introduced in either House of Congress,
shall not be considered to be part of the agreement approved by the Congress and shall have no force and effect under United States law or in any dispute settlement body.
The trade authorities procedures shall not apply to any implementing bill submitted with respect to a trade agreement or trade agreements entered into under section 3803(b) of this title if during the 60-day period beginning on the date that one House of Congress agrees to a procedural disapproval resolution for lack of notice or consultations with respect to such trade agreement or agreements, the other House separately agrees to a procedural disapproval resolution with respect to such trade agreement or agreements.
(i) For purposes of this paragraph, the term “procedural disapproval resolution” means a resolution of either House of Congress, the sole matter after the resolving clause of which is as follows: “That the President has failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002 on negotiations with respect to ____________ and, therefore, the trade authorities procedures under that Act shall not apply to any implementing bill submitted with respect to such trade agreement or agreements.”, with the blank space being filled with a description of the trade agreement or agreements with respect to which the President is considered to have failed or refused to notify or consult.
(ii) For purposes of clause (i), the President has “failed or refused to notify or consult in accordance with the Bipartisan Trade Promotion Authority Act of 2002” on negotiations with respect to a trade agreement or trade agreements if—
(I) the President has failed or refused to consult (as the case may be) in accordance with section 3804 of this title or this section with respect to the negotiations, agreement, or agreements;
(II) guidelines under section 3807(b) of this title have not been developed or met with respect to the negotiations, agreement, or agreements;
(III) the President has not met with the Congressional Oversight Group pursuant to a request made under section 3807(c) of this title with respect to the negotiations, agreement, or agreements; or
(IV) the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this chapter.
(A) Procedural disapproval resolutions—
(i) in the House of Representatives—
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee; and
(ii) in the Senate—
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(B) The provisions of section 2192(d) and (e) of this title (relating to the floor consideration of certain resolutions in the House and Senate) apply to a procedural disapproval resolution introduced with respect to a trade agreement if no other procedural disapproval resolution with respect to that trade agreement has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, and if no resolution described in section 3804(d)(3)(C)(ii) of this title with respect to that trade agreement has been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to the procedures set forth in clauses (iii) through (vi) of such section 3804(d)(3)(C) of this title.
(C) It is not in order for the House of Representatives to consider any procedural disapproval resolution not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules.
(D) It is not in order for the Senate to consider any procedural disapproval resolution not reported by the Committee on Finance.
Not later than December 31, 2002, the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of the Treasury, the Attorney General, and the United States Trade Representative, shall transmit to the Congress a report setting forth the strategy of the executive branch to address concerns of the Congress regarding whether dispute settlement panels and the Appellate Body of the WTO have added to obligations, or diminished rights, of the United States, as described in section 3801(b)(3) of this title. Trade authorities procedures shall not apply to any implementing bill with respect to an agreement negotiated under the auspices of the WTO unless the Secretary of Commerce has issued such report in a timely manner.
Subsection (b) of this section, section 3803(c) of this title, and section 3804(d)(3)(C) of this title are enacted by the Congress—
(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.
(Pub. L. 107–210, div. B, title XXI, §2105, Aug. 6, 2002, 116 Stat. 1013; Pub. L. 108–429, title II, §2004(a)(18), Dec. 3, 2004, 118 Stat. 2591.)
The Bipartisan Trade Promotion Authority Act of 2002, referred to in subsec. (b)(1)(B), is title XXI of Pub. L. 107–210, div. B, Aug. 6, 2002, 116 Stat. 993, which is classified principally to this chapter. For complete classification of title XXI to the Code, see section 3801(a) of this title and Tables.
2004—Subsec. (c). Pub. L. 108–429 substituted “and” for “aand” in introductory provisions.
For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
Pub. L. 110–138, Dec. 14, 2007, 121 Stat. 1455, provided that:
“(a)
“(b)
“The purposes of this Act are—
“(1) to approve and implement the free trade agreement between the United States and Peru entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2) to strengthen and develop economic relations between the United States and Peru for their mutual benefit;
“(3) to establish free trade between the United States and Peru through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.
“In this Act:
“(1)
“(2)
“(3) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(4)
“(a)
“(1) the United States-Peru Trade Promotion Agreement entered into on April 12, 2006, with the Government of Peru, as amended on June 24 and June 25, 2007, respectively, by the United States and Peru, and submitted to Congress on September 27, 2007; and
“(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on September 27, 2007.
“(b)
“(a)
“(1)
“(2)
“(A) to amend or modify any law of the United States, or
“(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
“(1)
“(2)
“(A) any law of a political subdivision of a State; and
“(B) any State law regulating or taxing the business of insurance.
“(c)
“(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
“(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
“(a)
“(1)
“(A) the President may proclaim such actions, and
“(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [Feb. 1, 2009] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
“(3)
“(b)
“If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—
“(1) the President has obtained advice regarding the proposed action from—
“(A) the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B) the Commission;
“(2) the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—
“(A) the action proposed to be proclaimed and the reasons therefor; and
“(B) the advice obtained under paragraph (1);
“(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met, has expired; and
“(4) the President has consulted with the committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“(a)
“(b)
“The United States is authorized to resolve any claim against the United States covered by article 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.
“(a)
“(b)
“(c)
“(a)
“(1)
“(A) such modifications or continuation of any duty,
“(B) such continuation of duty-free or excise treatment, or
“(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the Agreement.
“(2)
“(b)
“(1) such modifications or continuation of any duty,
“(2) such modifications as the United States may agree to with Peru regarding the staging of any duty treatment set forth in Annex 2.3 of the Agreement,
“(3) such continuation of duty-free or excise treatment, or
“(4) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Peru provided for by the Agreement.
“(c)
“(d)
“(a)
“(1)
“(A) the base rate in the Schedule of the United States to Annex 2.3 of the Agreement;
“(B) the column 1 general rate of duty that would, on the day before the date on which the Agreement enters into force [Feb. 1, 2009], apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good; or
“(C) the column 1 general rate of duty that would, at the time the additional duty is imposed under subsection (b), apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good.
“(2)
“(3)
“(A) that is included in the Schedule of the United States to Annex 2.18 of the Agreement;
“(B) that qualifies as an originating good under section 203, except that operations performed in or material obtained from the United States shall be considered as if the operations were performed in, and the material was obtained from, a country that is not a party to the Agreement; and
“(C) for which a claim for preferential tariff treatment under the Agreement has been made.
“(b)
“(1)
“(2)
“(A) in years 1 through 12, an amount equal to 100 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and
“(B) in years 13 through 16, an amount equal to 50 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty.
“(3)
“(c)
“(1) subtitle A of title III of this Act; or
“(2) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“(d)
“(a)
“(1)
“(2)
“(3)
“(b)
“(1) the good is a good wholly obtained or produced entirely in the territory of Peru, the United States, or both;
“(2) the good—
“(A) is produced entirely in the territory of Peru, the United States, or both, and—
“(i) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 3–A or Annex 4.1 of the Agreement; or
“(ii) the good otherwise satisfies any applicable regional value-content or other requirements specified in Annex 3–A or Annex 4.1 of the Agreement; and
“(B) satisfies all other applicable requirements of this section; or
“(3) the good is produced entirely in the territory of Peru, the United States, or both, exclusively from materials described in paragraph (1) or (2).
“(c)
“(1)
“(2)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i) RVC.—The term ‘RVC’ means the regional value-content of the good, expressed as a percentage.
“(ii) AV.—The term ‘AV’ means the adjusted value of the good.
“(iii) VNM.—The term ‘VNM’ means the value of nonoriginating materials that are acquired and used by the producer in the production of the good, but does not include the value of a material that is self-produced.
“(3)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i) RVC.—The term ‘RVC’ means the regional value-content of the good, expressed as a percentage.
“(ii) AV.—The term ‘AV’ means the adjusted value of the good.
“(iii) VOM.—The term ‘VOM’ means the value of originating materials that are acquired or self-produced, and used by the producer in the production of the good.
“(4)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i)
“(ii) RVC.—The term ‘RVC’ means the regional value-content of the automotive good, expressed as a percentage.
“(iii) NC.—The term ‘NC’ means the net cost of the automotive good.
“(iv) VNM.—The term ‘VNM’ means the value of nonoriginating materials that are acquired and used by the producer in the production of the automotive good, but does not include the value of a material that is self-produced.
“(C)
“(i)
“(I) with respect to all motor vehicles in any one of the categories described in clause (ii); or
“(II) with respect to all motor vehicles in any such category that are exported to the territory of the United States or Peru.
“(ii)
“(I) is the same model line of motor vehicles, is in the same class of motor vehicles, and is produced in the same plant in the territory of Peru or the United States, as the good described in clause (i) for which regional value-content is being calculated;
“(II) is the same class of motor vehicles, and is produced in the same plant in the territory of Peru or the United States, as the good described in clause (i) for which regional value-content is being calculated; or
“(III) is the same model line of motor vehicles produced in the territory of Peru or the United States as the good described in clause (i) for which regional value-content is being calculated.
“(D)
“(i) average the amounts calculated under the formula contained in subparagraph (A) over—
“(I) the fiscal year of the motor vehicle producer to whom the automotive goods are sold,
“(II) any quarter or month, or
“(III) the fiscal year of the producer of such goods,
if the goods were produced during the fiscal year, quarter, or month that is the basis for the calculation;
“(ii) determine the average referred to in clause (i) separately for such goods sold to 1 or more motor vehicle producers; or
“(iii) make a separate determination under clause (i) or (ii) for such goods that are exported to the territory of Peru or the United States.
“(E)
“(i) calculating the total cost incurred with respect to all goods produced by the producer of the automotive good, subtracting any sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost of all such goods, and then reasonably allocating the resulting net cost of those goods to the automotive good;
“(ii) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the automotive good, and then subtracting any sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the portion of the total cost allocated to the automotive good; or
“(iii) reasonably allocating each cost that forms part of the total cost incurred with respect to the automotive good so that the aggregate of these costs does not include any sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, or nonallowable interest costs.
“(d)
“(1)
“(A) in the case of a material that is imported by the producer of the good, the adjusted value of the material;
“(B) in the case of a material acquired in the territory in which the good is produced, the value, determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretive notes, of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in section 101(d)(8) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(8)), as set forth in regulations promulgated by the Secretary of the Treasury providing for the application of such Articles in the absence of an importation by the producer; or
“(C) in the case of a material that is self-produced, the sum of—
“(i) all expenses incurred in the production of the material, including general expenses; and
“(ii) an amount for profit equivalent to the profit added in the normal course of trade.
“(2)
“(A)
“(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the territory of Peru, the United States, or both, to the location of the producer.
“(ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Peru, the United States, or both, other than duties or taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
“(iii) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or byproducts.
“(B)
“(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the territory of Peru, the United States, or both, to the location of the producer.
“(ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Peru, the United States, or both, other than duties or taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
“(iii) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or byproducts.
“(iv) The cost of originating materials used in the production of the nonoriginating material in the territory of Peru, the United States, or both.
“(e)
“(1)
“(2)
“(f)
“(1)
“(A)(i) the value of all nonoriginating materials that—
“(I) are used in the production of the good, and
“(II) do not undergo the applicable change in tariff classification (set forth in Annex 4.1 of the Agreement),
does not exceed 10 percent of the adjusted value of the good;
“(ii) the good meets all other applicable requirements of this section; and
“(iii) the value of such nonoriginating materials is included in the value of nonoriginating materials for any applicable regional value-content requirement for the good; or
“(B) the good meets the requirements set forth in paragraph 2 of Annex 4.6 of the Agreement.
“(2)
“(A) A nonoriginating material provided for in chapter 4, or a nonoriginating dairy preparation containing over 10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90, that is used in the production of a good provided for in chapter 4.
“(B) A nonoriginating material provided for in chapter 4, or a nonoriginating dairy preparation containing over 10 percent by weight of milk solids provided for in subheading 1901.90, that is used in the production of any of the following goods:
“(i) Infant preparations containing over 10 percent by weight of milk solids provided for in subheading 1901.10.
“(ii) Mixes and doughs, containing over 25 percent by weight of butterfat, not put up for retail sale, provided for in subheading 1901.20.
“(iii) Dairy preparations containing over 10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90.
“(iv) Goods provided for in heading 2105.
“(v) Beverages containing milk provided for in subheading 2202.90.
“(vi) Animal feeds containing over 10 percent by weight of milk solids provided for in subheading 2309.90.
“(C) A nonoriginating material provided for in heading 0805, or any of subheadings 2009.11 through 2009.39, that is used in the production of a good provided for in any of subheadings 2009.11 through 2009.39, or in fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, provided for in subheading 2106.90 or 2202.90.
“(D) A nonoriginating material provided for in heading 0901 or 2101 that is used in the production of a good provided for in heading 0901 or 2101.
“(E) A nonoriginating material provided for in chapter 15 that is used in the production of a good provided for in any of headings 1501 through 1508, or any of headings 1511 through 1515.
“(F) A nonoriginating material provided for in heading 1701 that is used in the production of a good provided for in any of headings 1701 through 1703.
“(G) A nonoriginating material provided for in chapter 17 that is used in the production of a good provided for in subheading 1806.10.
“(H) Except as provided in subparagraphs (A) through (G) and Annex 4.1 of the Agreement, a nonoriginating material used in the production of a good provided for in any of chapters 1 through 24, unless the nonoriginating material is provided for in a different subheading than the good for which origin is being determined under this section.
“(I) A nonoriginating material that is a textile or apparel good.
“(3)
“(A)
“(i) the total weight of all such fibers or yarns in that component is not more than 10 percent of the total weight of that component; or
“(ii) the yarns are those described in section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)(B)(vi)(IV)) (as in effect on the date of the enactment of this Act [Dec. 14, 2007]).
“(B)
“(C)
“(g)
“(1)
“(A)
“(B)
“(i) averaging;
“(ii) ‘last-in, first-out’;
“(iii) ‘first-in, first-out’; or
“(iv) any other method—
“(I) recognized in the generally accepted accounting principles of the country in which the production is performed (whether Peru or the United States); or
“(II) otherwise accepted by that country.
“(2)
“(h)
“(1)
“(A) be treated as originating goods if the good is an originating good; and
“(B) be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set forth in Annex 4.1 of the Agreement.
“(2)
“(A) the accessories, spare parts, or tools are classified with and not invoiced separately from the good, regardless of whether such accessories, spare parts, or tools are specified or are separately identified in the invoice for the good; and
“(B) the quantities and value of the accessories, spare parts, or tools are customary for the good.
“(3)
“(i)
“(j)
“(k)
“(l)
“(1) undergoes further production or any other operation outside the territory of Peru or the United States, other than unloading, reloading, or any other operation necessary to preserve the good in good condition or to transport the good to the territory of Peru or the United States; or
“(2) does not remain under the control of customs authorities in the territory of a country other than Peru or the United States.
“(m)
“(1) each of the goods in the set is an originating good; or
“(2) the total value of the nonoriginating goods in the set does not exceed—
“(A) in the case of textile or apparel goods, 10 percent of the adjusted value of the set; or
“(B) in the case of a good, other than a textile or apparel good, 15 percent of the adjusted value of the set.
“(n)
“(1)
“(2)
“(A) Motor vehicles provided for in subheading 8701.20, 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 8705 or 8706, or motor vehicles for the transport of 16 or more persons provided for in subheading 8702.10 or 8702.90.
“(B) Motor vehicles provided for in subheading 8701.10 or any of subheadings 8701.30 through 8701.90.
“(C) Motor vehicles for the transport of 15 or fewer persons provided for in subheading 8702.10 or 8702.90, or motor vehicles provided for in subheading 8704.21 or 8704.31.
“(D) Motor vehicles provided for in any of subheadings 8703.21 through 8703.90.
“(3)
“(4)
“(5)
“(A) Plants and plant products harvested or gathered in the territory of Peru, the United States, or both.
“(B) Live animals born and raised in the territory of Peru, the United States, or both.
“(C) Goods obtained in the territory of Peru, the United States, or both from live animals.
“(D) Goods obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of Peru, the United States, or both.
“(E) Minerals and other natural resources not included in subparagraphs (A) through (D) that are extracted or taken from the territory of Peru, the United States, or both.
“(F) Fish, shellfish, and other marine life taken from the sea, seabed, or subsoil outside the territory of Peru or the United States by—
“(i) a vessel that is registered or recorded with Peru and flying the flag of Peru; or
“(ii) a vessel that is documented under the laws of the United States.
“(G) Goods produced on board a factory ship from goods referred to in subparagraph (F), if such factory ship—
“(i) is registered or recorded with Peru and flies the flag of Peru; or
“(ii) is a vessel that is documented under the laws of the United States.
“(H)(i) Goods taken by Peru or a person of Peru from the seabed or subsoil outside the territorial waters of Peru, if Peru has rights to exploit such seabed or subsoil.
“(ii) Goods taken by the United States or a person of the United States from the seabed or subsoil outside the territorial waters of the United States, if the United States has rights to exploit such seabed or subsoil.
“(I) Goods taken from outer space, if the goods are obtained by Peru or the United States or a person of Peru or the United States and not processed in the territory of a country other than Peru or the United States.
“(J) Waste and scrap derived from—
“(i) manufacturing or processing operations in the territory of Peru, the United States, or both; or
“(ii) used goods collected in the territory of Peru, the United States, or both, if such goods are fit only for the recovery of raw materials.
“(K) Recovered goods derived in the territory of Peru, the United States, or both, from used goods, and used in the territory of Peru, the United States, or both, in the production of remanufactured goods.
“(L) Goods, at any stage of production, produced in the territory of Peru, the United States, or both, exclusively from—
“(i) goods referred to in any of subparagraphs (A) through (J), or
“(ii) the derivatives of goods referred to in clause (i).
“(6)
“(7)
“(A) fuel and energy;
“(B) tools, dies, and molds;
“(C) spare parts and materials used in the maintenance of equipment or buildings;
“(D) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment or buildings;
“(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;
“(F) equipment, devices, and supplies used for testing or inspecting the good;
“(G) catalysts and solvents; and
“(H) any other goods that are not incorporated into the other good but the use of which in the production of the other good can reasonably be demonstrated to be a part of that production.
“(8)
“(9)
“(10)
“(11)
“(12)
“(13)
“(14)
“(15)
“(16)
“(17)
“(18)
“(19)
“(A) the disassembly of used goods into individual parts; and
“(B) the cleaning, inspecting, testing, or other processing that is necessary for improvement to sound working condition of such individual parts.
“(20)
“(A) is entirely or partially comprised of recovered goods; and
“(B) has a similar life expectancy and enjoys a factory warranty similar to such a good that is new.
“(21)
“(A)
“(i) means all product costs, period costs, and other costs for a good incurred in the territory of Peru, the United States, or both; and
“(ii) does not include profits that are earned by the producer, regardless of whether they are retained by the producer or paid out to other persons as dividends, or taxes paid on those profits, including capital gains taxes.
“(B)
“(i)
“(ii)
“(iii)
“(22)
“(o)
“(1)
“(A) the provisions set forth in Annex 3–A and Annex 4.1 of the Agreement; and
“(B) any additional subordinate category that is necessary to carry out this title consistent with the Agreement.
“(2)
“(3)
“(A)
“(B)
“(4)
“(A)
“(B)
“(i) The term ‘interested entity’ means the Government of Peru, a potential or actual purchaser of a textile or apparel good, or a potential or actual supplier of a textile or apparel good.
“(ii) All references to ‘day’ and ‘days’ exclude Saturdays, Sundays, and legal holidays observed by the Government of the United States.
“(C)
“(ii) After receiving a request under clause (i), the President may determine whether—
“(I) the fabric, yarn, or fiber is available in commercial quantities in a timely manner in Peru or the United States; or
“(II) any interested entity objects to the request.
“(iii) The President may, within the time periods specified in clause (iv), proclaim that the fabric, yarn, or fiber that is the subject of the request is added to the list in Annex 3–B of the Agreement in an unrestricted quantity, or in any restricted quantity that the President may establish, if the President has determined under clause (ii) that—
“(I) the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in Peru and the United States; or
“(II) no interested entity has objected to the request.
“(iv) The time periods within which the President may issue a proclamation under clause (iii) are—
“(I) not later than 30 days after the date on which a request is submitted under clause (i); or
“(II) not later than 44 days after the request is submitted, if the President determines, within 30 days after the date on which the request is submitted, that the President does not have sufficient information to make a determination under clause (ii).
“(v) Notwithstanding section 103(a)(2), a proclamation made under clause (iii) shall take effect on the date on which the text of the proclamation is published in the Federal Register.
“(vi) Not later than 6 months after proclaiming under clause (iii) that a fabric, yarn, or fiber is added to the list in Annex 3–B of the Agreement in a restricted quantity, the President may eliminate the restriction if the President determines that the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in Peru and the United States.
“(D)
“(i) 45 days after the date on which the request was submitted; or
“(ii) 60 days after the date on which the request was submitted, if the President made a determination under subparagraph (C)(iv)(II).
“(E)
“(I) that has been added to that list in an unrestricted quantity pursuant to paragraph (2) or subparagraph (C)(iii) or (D) of this paragraph; or
“(II) with respect to which the President has eliminated a restriction under subparagraph (C)(vi).
“(ii) An interested entity may submit a request under clause (i) at any time beginning 6 months after the date of the action described in subclause (I) or (II) of that clause.
“(iii) Not later than 30 days after the date on which a request under clause (i) is submitted, the President may proclaim an action provided for under clause (i) if the President determines that the fabric, yarn, or fiber that is the subject of the request is available in commercial quantities in a timely manner in Peru or the United States.
“(iv) A proclamation under clause (iii) shall take effect no earlier than the date that is 6 months after the date on which the text of the proclamation is published in the Federal Register.
“(F)
“(i) governing the submission of a request under subparagraphs (C) and (E); and
“(ii) providing an opportunity for interested entities to submit comments and supporting evidence before the President makes a determination under subparagraph (C)(ii) or (vi) or (E)(iii).
[Amended section 58c of this title.]
“(a)
“(b)
[Amended section 1520 of this title.]
[Amended section 1508 of this title.]
“(a)
“(1)
“(2)
“(A) an exporter or producer in Peru is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods; or
“(B) a claim that a textile or apparel good exported or produced by such exporter or producer—
“(i) qualifies as an originating good under section 203, or
“(ii) is a good of Peru,
is accurate.
“(b)
“(1) suspension of preferential tariff treatment under the Agreement with respect to—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines that there is insufficient information to support any claim for preferential tariff treatment that has been made with respect to any such good; or
“(B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines that there is insufficient information to support that claim;
“(2) denial of preferential tariff treatment under the Agreement with respect to—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines that the person has provided incorrect information to support any claim for preferential tariff treatment that has been made with respect to any such good; or
“(B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines that a person has provided incorrect information to support that claim;
“(3) detention of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines that there is insufficient information to determine the country of origin of any such good; and
“(4) denial of entry into the United States of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines that the person has provided incorrect information as to the country of origin of any such good.
“(c)
“(d)
“(1) denial of preferential tariff treatment under the Agreement with respect to—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines that there is insufficient information to support, or that the person has provided incorrect information to support, any claim for preferential tariff treatment that has been made with respect to any such good; or
“(B) the textile or apparel good for which a claim of preferential tariff treatment has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B), if the Secretary determines that there is insufficient information to support, or that a person has provided incorrect information to support, that claim; and
“(2) denial of entry into the United States of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), if the Secretary determines that there is insufficient information to determine, or that the person has provided incorrect information as to, the country of origin of any such good.
“(e)
“(1) is engaged in circumvention of applicable laws, regulations, or procedures affecting trade in textile or apparel goods; or
“(2) has failed to demonstrate that it produces, or is capable of producing, textile or apparel goods.
“The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
“(1) subsections (a) through (n) of section 203;
“(2) the amendment made by section 204; and
“(3) any proclamation issued under section 203(o).
“In this title:
“(1)
“(2)
“(a)
“(b)
“(c)
“(1) Paragraphs (1)(B) and (3) of subsection (b).
“(2) Subsection (c).
“(3) Subsection (i).
“(d)
“(a)
“(b)
“(c)
“(1)
“(2)
“(3)
“(d)
“(1) the determination made under subsection (a) and an explanation of the basis for the determination;
“(2) if the determination under subsection (a) is affirmative, any findings and recommendations for import relief made under subsection (c) and an explanation of the basis for each recommendation; and
“(3) any dissenting or separate views by members of the Commission regarding the determination referred to in paragraph (1) and any finding or recommendation referred to in paragraph (2).
“(e)
“(a)
“(b)
“(c)
“(1)
“(A) The suspension of any further reduction provided for under Annex 2.3 of the Agreement in the duty imposed on the article.
“(B) An increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Feb. 1, 2009].
“(2)
“(d)
“(1)
“(2)
“(A)
“(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and
“(ii) there is evidence that the industry is making a positive adjustment to import competition.
“(B)
“(i)
“(ii)
“(iii)
“(C)
“(e)
“(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 2.3 of the Agreement, would have been in effect 1 year after the provision of relief under subsection (a); and
“(2) the rate of duty for that article after December 31 of the year in which such termination occurs shall be, at the discretion of the President, either—
“(A) the applicable rate of duty for that article set forth in the Schedule of the United States to Annex 2.3 of the Agreement; or
“(B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set forth in the Schedule of the United States to Annex 2.3 of the Agreement for the elimination of the tariff.
“(f)
“(1) any article that is subject to import relief under—
“(A) subtitle B; or
“(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); or
“(2) any article on which an additional duty assessed under section 202(b) is in effect.
“(a)
“(b)
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act (19 U.S.C. 2251 et seq.).
[Amended section 2252 of this title.]
“(a)
“(b)
“(a)
“(1)
“(2)
“(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits and losses, and investment, no one of which is necessarily decisive; and
“(B) shall not consider changes in consumer preference or changes in technology in the United States as factors supporting a determination of serious damage or actual threat thereof.
“(b)
“(1)
“(2)
“(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Feb. 1, 2009].
“(a)
“(b)
“(1)
“(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and
“(B) there is evidence that the industry is making a positive adjustment to import competition.
“(2)
“The President may not provide import relief under this subtitle with respect to an article if—
“(1) import relief previously has been provided under this subtitle with respect to that article; or
“(2) the article is subject to import relief under—
“(A) subtitle A; or
“(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“On the date on which import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief.
“No import relief may be provided under this subtitle with respect to any article after the date that is 5 years after the date on which the Agreement enters into force [Feb. 1, 2009].
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this subtitle shall be treated as action taken under chapter 1 of title II of such Act (19 U.S.C. 2251 et seq.).
“The President may not release information received in connection with an investigation or determination under this subtitle which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the President, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information, the party shall also provide a nonconfidential version of the information in which the confidential business information is summarized or, if necessary, deleted.
“(a)
“(b)
[Amended section 2518 of this title.]
“(a)
“(b)
“(c)
“(1)
“(2)
“(A) to the extent authorized under law, provide the Government of Peru with trade and transit documents and other information to assist Peru in conducting the verification; and
“(B) direct U.S. Customs and Border Protection to take any appropriate action described in paragraph (4).
“(3)
“(4)
“(A) detain the shipment that is the subject of the verification; or
“(B) if the Committee has requested under paragraph (3) to have an official of any agency represented on the Committee participate in the verification visit and the Government of Peru has denied the request, deny entry to the shipment that is the subject of the verification.
“(5)
“(A)
“(B)
“(i) the verification report issued by the Government of Peru;
“(ii) any information that officials of the United States have obtained regarding the shipment or person that is the subject of the verification; and
“(iii) any information that officials of the United States have obtained during a verification visit.
“(6)
“(7)
“(A) deny entry to the shipment;
“(B) if a determination has been made that a producer or exporter has knowingly provided false information to officials of Peru or the United States regarding a shipment, deny entry to products of that producer or exporter derived from any tree species listed in Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); or
“(C) take any other action the Committee determines to be appropriate.
“(8)
“(A) the end of the period specified in the written notification pursuant to paragraph (6); or
“(B) 15 days after the date on which the Government of Peru submits to the United States the results of an audit under paragraph 6 of Annex 18.3.4 of the Agreement that concludes that the person has complied with all applicable laws, regulations, and other measures of Peru governing the harvest of, and trade in, timber products.
“(9)
“(d)
“(e)
“(f)
“(1)
“(2)
“(3)
“(g)
“(h)
“(a)
“(1) steps the United States and Peru have taken to carry out Annex 18.3.4 of the Agreement; and
“(2) activities related to forest sector governance carried out under the Environmental Cooperation Agreement entered into between the United States and Peru on July 24, 2006.
“(b)
“(1) not later than 1 year after the date on which the Agreement enters into force [Feb. 1, 2009];
“(2) not later than 2 years after the date on which the Agreement enters into force; and
“(3) periodically thereafter.
[Amended section 58c of this title.]
[Amended section 401 of Pub. L. 109–222, 26 U.S.C. 6655 note.]
[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]
[Proc. No. 8341, Jan. 16, 2009, 74 F.R. 4105, provided in par. (4) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Peru Trade Promotion Agreement Implementation Act (Implementation Act) (Pub. L. 110–138, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (5) that the United States Trade Representative (USTR) is authorized to exercise the authority of the President under section 201(d) of the Implementation Act to take such action as may be necessary in implementing the tariff-rate quotas set forth in Appendix I to the Schedule of the United States to Annex 2.3 (not set out in the Code) of the United States-Peru Trade Promotion Agreement (Agreement) to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States, which action is set forth in Annex I of Publication 4058 (not set out in the Code); in par. (6) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 203(o) of the Implementation Act to determine that a fabric, yarn, or fiber is or is not available in commercial quantities in a timely manner in the United States and Peru, to establish procedures governing the request for any such determination and ensuring appropriate public participation in any such determination, to add any fabric, yarn, or fiber determined to be not available in commercial quantities in a timely manner in the United States and Peru to the list in Annex 3–B (not set out in the Code) of the Agreement in a restricted or unrestricted quantity, to eliminate a restriction on the quantity of a fabric, yarn, or fiber within 6 months after adding the fabric, yarn, or fiber to the list in Annex 3–B in a restricted quantity, and to restrict the quantity of, or remove from the list in Annex 3–B, certain fabrics, yarns, or fibers; in par. (7) that the CITA is authorized to exercise the authority of the President under section 208 of the Implementation Act to exclude certain textile and apparel goods from the customs territory of the United States, to determine whether an enterprise's production of, and capability to produce, goods are consistent with statements by the enterprise, to find that an enterprise has knowingly or willfully engaged in circumvention, and to deny preferential tariff treatment to textile and apparel goods; in par. (8) that the CITA is authorized to exercise the functions of the President under subtitle B of title III of the Implementation Act to review requests, and to determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to determine whether imports of a Peruvian textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and to provide relief from imports of an article that is the subject of such a determination; and in par. (10) that the USTR is authorized to fulfill the obligations of the President under section 104 of the Implementation Act to obtain advice from the appropriate advisory committees and the United States International Trade Commission on the proposed implementation of an action by presidential proclamation, to submit a report on such proposed action to the appropriate congressional committees, and to consult with those congressional committees regarding the proposed action.]
[Memorandum of President of the United States, May 1, 2009, 74 F.R. 20865, established the Interagency Committee on Trade in Timber Products from Peru pursuant to section 501 of Pub. L. 110–138, set out above, provided that the function of the President in section 501(h) of Pub. L. 110–138 is assigned to the United States Trade Representative, and directed the Secretaries of the Treasury, the Interior, Agriculture, and Homeland Security to issue, in consultation with the United States Trade Representative, such regulations and other measures as necessary or appropriate to implement section 501 of Pub. L. 110–138.]
Pub. L. 109–283, Sept. 26, 2006, 120 Stat. 1191, provided that:
“(a)
“(b)
“The purposes of this Act are—
“(1) to approve and implement the Free Trade Agreement between the United States and Oman entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2) to strengthen and develop economic relations between the United States and Oman for their mutual benefit;
“(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“In this Act:
“(1)
“(2) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
“(a)
“(1) the United States-Oman Free Trade Agreement entered into on January 19, 2006, with Oman and submitted to Congress on June 26, 2006; and
“(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on June 26, 2006.
“(b)
“(a)
“(1)
“(2)
“(A) to amend or modify any law of the United States, or
“(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
“(1)
“(2)
“(A) any law of a political subdivision of a State; and
“(B) any State law regulating or taxing the business of insurance.
“(c)
“(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
“(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
“(a)
“(1)
“(A) the President may proclaim such actions, and
“(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [Jan. 1, 2009] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
“(3)
“(b)
“If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—
“(1) the President has obtained advice regarding the proposed action from—
“(A) the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B) the United States International Trade Commission;
“(2) the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—
“(A) the action proposed to be proclaimed and the reasons therefor; and
“(B) the advice obtained under paragraph (1);
“(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
“(4) the President has consulted with the Committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“(a)
“(b)
“The United States is authorized to resolve any claim against the United States covered by article 10.15.1(a)(i)(C) or article 10.15.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.
“(a)
“(b)
“(c)
“(a)
“(1)
“(A) such modifications or continuation of any duty,
“(B) such continuation of duty-free or excise treatment, or
“(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and Annex 2–B of the Agreement.
“(2)
“(b)
“(1) such modifications or continuation of any duty,
“(2) such modifications as the United States may agree to with Oman regarding the staging of any duty treatment set forth in Annex 2–B of the Agreement,
“(3) such continuation of duty-free or excise treatment, or
“(4) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Oman provided for by the Agreement.
“(c)
“(a)
“(1)
“(2)
“(b)
“(1)
“(A) the good is imported directly—
“(i) from the territory of Oman into the territory of the United States; or
“(ii) from the territory of the United States into the territory of Oman; and
“(B)(i) the good is a good wholly the growth, product, or manufacture of Oman or the United States, or both;
“(ii) the good (other than a good to which clause (iii) applies) is a new or different article of commerce that has been grown, produced, or manufactured in Oman or the United States, or both, and meets the requirements of paragraph (2); or
“(iii)(I) the good is a good covered by Annex 3–A or 4–A of the Agreement;
“(II)(aa) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in such Annex as a result of production occurring entirely in the territory of Oman or the United States, or both; or
“(bb) the good otherwise satisfies the requirements specified in such Annex; and
“(III) the good satisfies all other applicable requirements of this section.
“(2)
“(A) the value of each material produced in the territory of Oman or the United States, or both, and
“(B) the direct costs of processing operations performed in the territory of Oman or the United States, or both,
is not less than 35 percent of the appraised value of the good at the time the good is entered into the territory of the United States.
“(c)
“(1)
“(2)
“(d)
“(1)
“(A) The price actually paid or payable for the material by the producer of the good.
“(B) The freight, insurance, packing, and all other costs incurred in transporting the material to the producer's plant, if such costs are not included in the price referred to in subparagraph (A).
“(C) The cost of waste or spoilage resulting from the use of the material in the growth, production, or manufacture of the good, less the value of recoverable scrap.
“(D) Taxes or customs duties imposed on the material by Oman or the United States, or both, if the taxes or customs duties are not remitted upon exportation from the territory of Oman or the United States, as the case may be.
“(2)
“(A) All expenses incurred in the growth, production, or manufacture of the material, including general expenses.
“(B) A reasonable amount for profit.
“(C) Freight, insurance, packing, and all other costs incurred in transporting the material to the producer's plant.
“(e)
“(f)
“(g)
“(h)
“(1)
“(A)
“(B)
“(C)
“(2)
“(i)
“(1)
“(A)
“(i) All actual labor costs involved in the growth, production, or manufacture of the good, including fringe benefits, on-the-job training, and the cost of engineering, supervisory, quality control, and similar personnel.
“(ii) Tools, dies, molds, and other indirect materials, and depreciation on machinery and equipment that are allocable to the good.
“(iii) Research, development, design, engineering, and blueprint costs, to the extent that they are allocable to the good.
“(iv) Costs of inspecting and testing the good.
“(v) Costs of packaging the good for export to the territory of the other country.
“(B)
“(i) profit; and
“(ii) general expenses of doing business that are either not allocable to the good or are not related to the growth, production, or manufacture of the good, such as administrative salaries, casualty and liability insurance, advertising, and sales staff salaries, commissions, or expenses.
“(2)
“(3)
“(A) a mineral good extracted in the territory of Oman or the United States, or both;
“(B) a vegetable good, as such a good is provided for in the HTS, harvested in the territory of Oman or the United States, or both;
“(C) a live animal born and raised in the territory of Oman or the United States, or both;
“(D) a good obtained from live animals raised in the territory of Oman or the United States, or both;
“(E) a good obtained from hunting, trapping, or fishing in the territory of Oman or the United States, or both;
“(F) a good (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with Oman or the United States and flying the flag of that country;
“(G) a good produced from goods referred to in subparagraph (F) on board factory ships registered or recorded with Oman or the United States and flying the flag of that country;
“(H) a good taken by Oman or the United States or a person of Oman or the United States from the seabed or beneath the seabed outside territorial waters, if Oman or the United States, as the case may be, has rights to exploit such seabed;
“(I) a good taken from outer space, if such good is obtained by Oman or the United States or a person of Oman or the United States and not processed in the territory of a country other than Oman or the United States;
“(J) waste and scrap derived from—
“(i) production or manufacture in the territory of Oman or the United States, or both; or
“(ii) used goods collected in the territory of Oman or the United States, or both, if such goods are fit only for the recovery of raw materials;
“(K) a recovered good derived in the territory of Oman or the United States from used goods and utilized in the territory of that country in the production of remanufactured goods; and
“(L) a good produced in the territory of Oman or the United States, or both, exclusively—
“(i) from goods referred to in subparagraphs (A) through (J), or
“(ii) from the derivatives of goods referred to in clause (i),
at any stage of production.
“(4)
“(A) fuel and energy;
“(B) tools, dies, and molds;
“(C) spare parts and materials used in the maintenance of equipment and buildings;
“(D) lubricants, greases, compounding materials, and other materials used in the growth, production, or manufacture of a good or used to operate equipment and buildings;
“(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;
“(F) equipment, devices, and supplies used for testing or inspecting the good;
“(G) catalysts and solvents; and
“(H) any other goods that are not incorporated into the good but the use of which in the growth, production, or manufacture of the good can reasonably be demonstrated to be a part of that growth, production, or manufacture.
“(5)
“(6)
“(7)
“(A)
“(i) has been substantially transformed from a good or material that is not wholly the growth, product, or manufacture of Oman or the United States, or both; and
“(ii) has a new name, character, or use distinct from the good or material from which it was transformed.
“(B)
“(8)
“(A) the disassembly of used goods into individual parts; and
“(B) the cleaning, inspecting, testing, or other processing of those parts as necessary for improvement to sound working condition.
“(9)
“(A) is entirely or partially comprised of recovered goods;
“(B) has a similar life expectancy to a like good that is new; and
“(C) enjoys a factory warranty similar to that of a like good that is new.
“(10)
“(11)
“(A)(i) the good or material is converted from a good that has multiple uses into a good or material that has limited uses;
“(ii) the physical properties of the good or material are changed to a significant extent; or
“(iii) the operation undergone by the good or material is complex by reason of the number of different processes and materials involved and the time and level of skill required to perform those processes; and
“(B) the good or material loses its separate identity in the manufacturing or processing operation.
“(j)
“(1)
“(A) the provisions set forth in Annex 3–A and Annex 4–A of the Agreement; and
“(B) any additional subordinate category that is necessary to carry out this title, consistent with the Agreement.
“(2)
“(A)
“(B)
“(i) modifications to the provisions proclaimed under the authority of paragraph (1)(A) as are necessary to implement an agreement with Oman pursuant to article 3.2.5 of the Agreement; and
“(ii) before the end of the 1-year period beginning on the date of the enactment of this Act [Sept. 26, 2006], modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the HTS (as included in Annex 3–A of the Agreement).
[Amended section 58c of this title.]
“(a)
“(1)
“(2)
“(A) that an exporter or producer in Oman is complying with applicable customs laws, regulations, procedures, requirements, or practices affecting trade in textile or apparel goods; or
“(B) that a claim that a textile or apparel good exported or produced by such exporter or producer—
“(i) qualifies as an originating good under section 202, or
“(ii) is a good of Oman,
is accurate.
“(b)
“(1) suspension of liquidation of the entry of any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A), in a case in which the request for verification was based on a reasonable suspicion of unlawful activity related to such good; and
“(2) suspension of liquidation of the entry of a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B).
“(c)
“(d)
“(1) publication of the name and address of the person that is the subject of the verification;
“(2) denial of preferential tariff treatment under the Agreement to—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or
“(B) a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B); and
“(3) denial of entry into the United States of—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or
“(B) a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B).
[Amended section 1520 of this title.]
“The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
“(1) subsections (a) through (i) of section 202;
“(2) the amendment made by section 203; and
“(3) proclamations issued under section 202(j).
“In this title:
“(1)
“(A) qualifies as an originating good under section 202(b); or
“(B) receives preferential tariff treatment under paragraphs 8 through 11 of article 3.2 of the Agreement.
“(2)
“(A) is listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); and
“(B) is an Omani article.
“(3)
“(a)
“(b)
“(c)
“(1) Paragraphs (1)(B) and (3) of subsection (b).
“(2) Subsection (c).
“(3) Subsection (i).
“(d)
“(a)
“(b)
“(c)
“(1)
“(2)
“(3)
“(d)
“(1) the determination made under subsection (a) and an explanation of the basis for the determination;
“(2) if the determination under subsection (a) is affirmative, any findings and recommendations for import relief made under subsection (c) and an explanation of the basis for each recommendation; and
“(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).
“(e)
“(a)
“(b)
“(c)
“(1)
“(A) The suspension of any further reduction provided for under Annex 2–B of the Agreement in the duty imposed on such article.
“(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2009].
“(2)
“(d)
“(1)
“(2)
“(A)
“(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and
“(ii) there is evidence that the industry is making a positive adjustment to import competition.
“(B)
“(i)
“(ii)
“(iii)
“(e)
“(f)
“(a)
“(b)
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act (19 U.S.C. 2251 et seq.).
[Amended section 2252 of this title.]
“(a)
“(b)
“(a)
“(1)
“(2)
“(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
“(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
“(b)
“(1)
“(2)
“(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2009].
“(a)
“(b)
“(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and
“(2) there is evidence that the industry is making a positive adjustment to import competition.
“The President may not provide import relief under this subtitle with respect to any article if—
“(1) the article has been subject to import relief under this subtitle after the date on which the Agreement enters into force [Jan. 1, 2009]; or
“(2) the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“When import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief, on the date on which the relief terminates.
“No import relief may be provided under this subtitle with respect to any article after the date that is 10 years after the date on which duties on the article are eliminated pursuant to the Agreement.
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this subtitle shall be treated as action taken under chapter 1 of title II of such Act.
“The President may not release information that is submitted in a proceeding under this subtitle and that the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information to the President in a proceeding under this subtitle, the party shall also submit a nonconfidential version of the information, in which the confidential business information is summarized or, if necessary, deleted.
[Amended section 2518 of this title.]
[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]
[Proc. No. 8332, Dec. 29, 2008, 73 F.R. 80290, provided in par. (4) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Oman Free Trade Agreement Implementation Act (Implementation Act) (Pub. L. 109–283, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (5) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 204 of the Implementation Act to exclude textile and apparel goods from the customs territory of the United States, to determine whether an enterprise's production of and capability to produce goods are consistent with statements by the enterprise, to find that an enterprise has knowingly or willfully engaged in circumvention, and to deny preferential tariff treatment to textile and apparel goods; and in par. (6) that the CITA is authorized to exercise the functions of the President under subtitle B of Title III of the Implementation Act to review requests and determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to determine whether imports of an Omani textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and to provide relief from imports of an article that is the subject of such a determination.]
Pub. L. 109–169, Jan. 11, 2006, 119 Stat. 3581, provided that:
“(a)
“(b)
“The purposes of this Act are—
“(1) to approve and implement the Free Trade Agreement between the United States and Bahrain entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2) to strengthen and develop economic relations between the United States and Bahrain for their mutual benefit;
“(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services; and
“(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“In this Act:
“(1)
“(2) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
“(a)
“(1) the United States-Bahrain Free Trade Agreement entered into on September 14, 2004, with Bahrain and submitted to Congress on November 16, 2005; and
“(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on November 16, 2005.
“(b)
“(a)
“(1)
“(2)
“(A) to amend or modify any law of the United States; or
“(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
“(1)
“(2)
“(A) any law of a political subdivision of a State; and
“(B) any State law regulating or taxing the business of insurance.
“(c)
“(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
“(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
“(a)
“(1)
“(A) the President may proclaim such actions, and
“(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date on which the Agreement enters into force [Aug. 1, 2006] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
“(3)
“(b)
“If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—
“(1) the President has obtained advice regarding the proposed action from—
“(A) the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B) the United States International Trade Commission;
“(2) the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—
“(A) the action proposed to be proclaimed and the reasons therefor; and
“(B) the advice obtained under paragraph (1);
“(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
“(4) the President has consulted with the Committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
“(a)
“(b)
“(a)
“(b)
“(c)
“(a)
“(1)
“(A) such modifications or continuation of any duty,
“(B) such continuation of duty-free or excise treatment, or
“(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and Annex 2–B of the Agreement.
“(2)
“(b)
“(1) such modifications or continuation of any duty,
“(2) such modifications as the United States may agree to with Bahrain regarding the staging of any duty treatment set forth in Annex 2–B of the Agreement,
“(3) such continuation of duty-free or excise treatment, or
“(4) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Bahrain provided for by the Agreement.
“(c)
“(a)
“(1)
“(2)
“(b)
“(1)
“(A) the good is imported directly—
“(i) from the territory of Bahrain into the territory of the United States; or
“(ii) from the territory of the United States into the territory of Bahrain; and
“(B)(i) the good is a good wholly the growth, product, or manufacture of Bahrain or the United States, or both;
“(ii) the good (other than a good to which clause (iii) applies) is a new or different article of commerce that has been grown, produced, or manufactured in Bahrain or the United States, or both, and meets the requirements of paragraph (2); or
“(iii)(I) the good is a good covered by Annex 3–A or 4–A of the Agreement;
“(II)(aa) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in such Annex as a result of production occurring entirely in the territory of Bahrain or the United States, or both; or
“(bb) the good otherwise satisfies the requirements specified in such Annex; and
“(III) the good satisfies all other applicable requirements of this section.
“(2)
“(A) the value of each material produced in the territory of Bahrain or the United States, or both, and
“(B) the direct costs of processing operations performed in the territory of Bahrain or the United States, or both,
is not less than 35 percent of the appraised value of the good at the time the good is entered into the territory of the United States.
“(c)
“(1)
“(2)
“(d)
“(1)
“(A) The price actually paid or payable for the material by the producer of the good.
“(B) The freight, insurance, packing, and all other costs incurred in transporting the material to the producer's plant, if such costs are not included in the price referred to in subparagraph (A).
“(C) The cost of waste or spoilage resulting from the use of the material in the growth, production, or manufacture of the good, less the value of recoverable scrap.
“(D) Taxes or customs duties imposed on the material by Bahrain or the United States, or both, if the taxes or customs duties are not remitted upon exportation from the territory of Bahrain or the United States, as the case may be.
“(2)
“(A) All expenses incurred in the growth, production, or manufacture of the material, including general expenses.
“(B) A reasonable amount for profit.
“(C) Freight, insurance, packing, and all other costs incurred in transporting the material to the producer's plant.
“(e)
“(f)
“(g)
“(h)
“(1)
“(A)
“(B)
“(C)
“(2)
“(i)
“(1)
“(A)
“(i) All actual labor costs involved in the growth, production, or manufacture of the good, including fringe benefits, on-the-job training, and the cost of engineering, supervisory, quality control, and similar personnel.
“(ii) Tools, dies, molds, and other indirect materials, and depreciation on machinery and equipment that are allocable to the good.
“(iii) Research, development, design, engineering, and blueprint costs, to the extent that they are allocable to the good.
“(iv) Costs of inspecting and testing the good.
“(v) Costs of packaging the good for export to the territory of the other country.
“(B)
“(i) profit; and
“(ii) general expenses of doing business that are either not allocable to the good or are not related to the growth, production, or manufacture of the good, such as administrative salaries, casualty and liability insurance, advertising, and sales staff salaries, commissions, or expenses.
“(2)
“(3)
“(A) a mineral good extracted in the territory of Bahrain or the United States, or both;
“(B) a vegetable good, as such a good is provided for in the HTS, harvested in the territory of Bahrain or the United States, or both;
“(C) a live animal born and raised in the territory of Bahrain or the United States, or both;
“(D) a good obtained from live animals raised in the territory of Bahrain or the United States, or both;
“(E) a good obtained from hunting, trapping, or fishing in the territory of Bahrain or the United States, or both;
“(F) a good (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with Bahrain or the United States and flying the flag of that country;
“(G) a good produced from goods referred to in subparagraph (F) on board factory ships registered or recorded with Bahrain or the United States and flying the flag of that country;
“(H) a good taken by Bahrain or the United States or a person of Bahrain or the United States from the seabed or beneath the seabed outside territorial waters, if Bahrain or the United States, as the case may be, has rights to exploit such seabed;
“(I) a good taken from outer space, if such good is obtained by Bahrain or the United States or a person of Bahrain or the United States and not processed in the territory of a country other than Bahrain or the United States;
“(J) waste and scrap derived from—
“(i) production or manufacture in the territory of Bahrain or the United States, or both; or
“(ii) used goods collected in the territory of Bahrain or the United States, or both, if such goods are fit only for the recovery of raw materials;
“(K) a recovered good derived in the territory of Bahrain or the United States from used goods and utilized in the territory of that country in the production of remanufactured goods; and
“(L) a good produced in the territory of Bahrain or the United States, or both, exclusively—
“(i) from goods referred to in subparagraphs (A) through (J), or
“(ii) from the derivatives of goods referred to in clause (i),
at any stage of production.
“(4)
“(A) fuel and energy;
“(B) tools, dies, and molds;
“(C) spare parts and materials used in the maintenance of equipment and buildings;
“(D) lubricants, greases, compounding materials, and other materials used in the growth, production, or manufacture of a good or used to operate equipment and buildings;
“(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;
“(F) equipment, devices, and supplies used for testing or inspecting the good;
“(G) catalysts and solvents; and
“(H) any other goods that are not incorporated into the good but the use of which in the growth, production, or manufacture of the good can reasonably be demonstrated to be a part of that growth, production, or manufacture.
“(5)
“(6)
“(7)
“(A)
“(i) has been substantially transformed from a good or material that is not wholly the growth, product, or manufacture of Bahrain or the United States, or both; and
“(ii) has a new name, character, or use distinct from the good or material from which it was transformed.
“(B)
“(8)
“(A) the complete disassembly of used goods into individual parts; and
“(B) the cleaning, inspecting, testing, or other processing of those parts that is necessary for improvement to sound working condition.
“(9)
“(A) is entirely or partially comprised of recovered goods;
“(B) has a similar life expectancy to, and meets similar performance standards as, a like good that is new; and
“(C) enjoys a factory warranty similar to that of a like good that is new.
“(10)
“(11)
“(A)(i) the good or material is converted from a good that has multiple uses into a good or material that has limited uses;
“(ii) the physical properties of the good or material are changed to a significant extent; or
“(iii) the operation undergone by the good or material is complex by reason of the number of different processes and materials involved and the time and level of skill required to perform those processes; and
“(B) the good or material loses its separate identity in the manufacturing or processing operation.
“(j)
“(1)
“(A) the provisions set forth in Annex 3–A and Annex 4–A of the Agreement; and
“(B) any additional subordinate category that is necessary to carry out this title, consistent with the Agreement.
“(2)
“(A)
“(B)
“(i) modifications to the provisions proclaimed under the authority of paragraph (1)(A) as are necessary to implement an agreement with Bahrain pursuant to article 3.2.5 of the Agreement; and
“(ii) before the end of the 1-year period beginning on the date of the enactment of this Act [Jan. 11, 2006], modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the HTS (as included in Annex 3–A of the Agreement).
[Amended section 58c of this title.]
“(a)
“(1)
“(2)
“(A) that an exporter or producer in Bahrain is complying with applicable customs laws, regulations, procedures, requirements, or practices affecting trade in textile or apparel goods; or
“(B) that a claim that a textile or apparel good exported or produced by such exporter or producer—
“(i) qualifies as an originating good under section 202; or
“(ii) is a good of Bahrain, is accurate.
“(b)
“(1) suspension of liquidation of the entry of any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A), in a case in which the request for verification was based on a reasonable suspicion of unlawful activity related to such good; and
“(2) suspension of liquidation of the entry of a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B).
“(c)
“(d)
“(1) publication of the name and address of the person that is the subject of the verification;
“(2) denial of preferential tariff treatment under the Agreement to—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or
“(B) a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B); and
“(3) denial of entry into the United States of—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or
“(B) a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B).
“The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
“(1) subsections (a) through (i) of section 202;
“(2) the amendment made by section 203(2); and
“(3) proclamations issued under section 202(j).
“In this title:
“(1)
“(A) qualifies as an originating good under section 202(b); or
“(B) receives preferential tariff treatment under paragraphs 8 through 11 of article 3.2 of the Agreement.
“(2)
“(A) is listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); and
“(B) is a Bahraini article.
“(3)
“(a)
“(b)
“(c)
“(1) Paragraphs (1)(B) and (3) of subsection (b).
“(2) Subsection (c).
“(3) Subsection (i).
“(d)
“(a)
“(b)
“(c)
“(1)
“(2)
“(3)
“(d)
“(1) the determination made under subsection (a) and an explanation of the basis for the determination;
“(2) if the determination under subsection (a) is affirmative, any findings and recommendations for import relief made under subsection (c) and an explanation of the basis for each recommendation; and
“(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).
“(e)
“(a)
“(b)
“(c)
“(1)
“(A) The suspension of any further reduction provided for under Annex 2–B of the Agreement in the duty imposed on such article.
“(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Aug. 1, 2006].
“(2)
“(d)
“(1)
“(2)
“(A)
“(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and
“(ii) there is evidence that the industry is making a positive adjustment to import competition.
“(B)
“(i)
“(ii)
“(iii)
“(e)
“(f)
“(a)
“(b)
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act (19 U.S.C. 2251 et seq.).
[Amended section 2252 of this title.]
“(a)
“(b)
“(a)
“(1)
“(2)
“(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
“(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
“(b)
“(1)
“(2)
“(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Aug. 1, 2006].
“(a)
“(b)
“(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and
“(2) there is evidence that the industry is making a positive adjustment to import competition.
“The President may not provide import relief under this subtitle with respect to any article if—
“(1) the article has been subject to import relief under this subtitle after the date on which the Agreement enters into force [Aug. 1, 2006]; or
“(2) the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“When import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief, on the date on which the relief terminates.
“No import relief may be provided under this subtitle with respect to any article after the date that is 10 years after the date on which duties on the article are eliminated pursuant to the Agreement.
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this subtitle shall be treated as action taken under chapter 1 of title II of such Act.
“The President may not release information that is submitted in a proceeding under this subtitle and that the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information to the President in a proceeding under this subtitle, the party shall also submit a nonconfidential version of the information, in which the confidential business information is summarized or, if necessary, deleted.
[Amended section 2518 of this title.]
[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]
[Proc. No. 8039, July 27, 2006, 71 F.R. 43636, provided in par. (3) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Bahrain Free Trade Agreement Implementation Act (USBFTA Act) (Pub. L. 109–169, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (5) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 204 of the USBFTA Act to exclude textile and apparel goods from the customs territory of the United States, to determine whether an enterprise's production of and capability to produce goods are consistent with statements by the enterprise, to find that an enterprise has knowingly or willfully engaged in circumvention, and to deny preferential tariff treatment to textile and apparel goods; and in par. (6) that the CITA is authorized to exercise the authority of the President under subtitle B of Title III of the USBFTA Act to review requests and determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to determine whether imports of a Bahraini textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and to provide relief from imports of an article that is the subject of such a determination.]
Pub. L. 108–302, Aug. 17, 2004, 118 Stat. 1103, provided that:
“(a)
“(b)
“The purposes of this Act are—
“(1) to approve and implement the Free Trade Agreement between the United States and Morocco entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2) to strengthen and develop economic relations between the United States and Morocco for their mutual benefit;
“(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“In this Act:
“(1)
“(2) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
“(a)
“(1) the United States-Morocco Free Trade Agreement entered into on June 15, 2004, with Morocco and submitted to Congress on July 15, 2004; and
“(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on July 15, 2004.
“(b)
“(a)
“(1)
“(2)
“(A) to amend or modify any law of the United States, or
“(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
“(1)
“(2)
“(A) any law of a political subdivision of a State; and
“(B) any State law regulating or taxing the business of insurance.
“(c)
“(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
“(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
“(a)
“(1)
“(A) the President may proclaim such actions, and
“(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force [July 1, 2005] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date the Agreement enters into force.
“(2)
“(3)
“(b)
“If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—
“(1) the President has obtained advice regarding the proposed action from—
“(A) the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B) the United States International Trade Commission;
“(2) the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—
“(A) the action proposed to be proclaimed and the reasons therefor; and
“(B) the advice obtained under paragraph (1);
“(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
“(4) the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).
“(a)
“(b)
“The United States is authorized to resolve any claim against the United States covered by article 10.15.1(a)(i)(C) or article 10.15.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 10 of the Agreement.
“(a)
“(b)
“(c)
“(a)
“(1)
“(A) such modifications or continuation of any duty,
“(B) such continuation of duty-free or excise treatment, or
“(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 4.3.15, and Annex IV of the Agreement.
“(2)
“(b)
“(1) such modifications or continuation of any duty,
“(2) such modifications as the United States may agree to with Morocco regarding the staging of any duty treatment set forth in Annex IV of the Agreement,
“(3) such continuation of duty-free or excise treatment, or
“(4) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Morocco provided for by the Agreement.
“(c)
“(a)
“(1)
“(A) that qualifies as an originating good under section 203;
“(B) that is included in the U.S. Agricultural Safeguard List set forth in Annex 3–A of the Agreement; and
“(C) for which a claim for preferential treatment under the Agreement has been made.
“(2)
“(A) the column 1 general rate of duty that would have been imposed under the HTS on the same agricultural safeguard good entered, without a claim for preferential tariff treatment, on the date on which the additional duty is imposed under subsection (b); or
“(B) the column 1 general rate of duty that would have been imposed under the HTS on the same agricultural safeguard good entered, without a claim for preferential tariff treatment, on December 31, 2004.
“(3) F.O.B.—The term ‘F.O.B.’ means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer.
“(4)
“(5)
“(6)
“(b)
“(1)
“(2)
If the excess of the trigger price over the unit import price is: | The additional duty is an amount equal to: | |
Not more than 10 percent of the trigger price | 0. | |
More than 10 percent but not more than 40 percent of the trigger price | 30 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty. | |
More than 40 percent but not more than 60 percent of the trigger price | 50 percent of such excess. | |
More than 60 percent but not more than 75 percent of the trigger price | 70 percent of such excess. | |
More than 75 percent of the trigger price | 100 percent of such excess. |
“(3)
“(A) subtitle A of title III of this Act; or
“(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“(4)
“(5)
“(6)
“(a)
“(1)
“(2)
“(b)
“(1)
“(A) the good is imported directly—
“(i) from the territory of Morocco into the territory of the United States; or
“(ii) from the territory of the United States into the territory of Morocco; and
“(B)(i) the good is a good wholly the growth, product, or manufacture of Morocco or the United States, or both;
“(ii) the good (other than a good to which clause (iii) applies) is a new or different article of commerce that has been grown, produced, or manufactured in Morocco, the United States, or both, and meets the requirements of paragraph (2); or
“(iii)(I) the good is a good covered by Annex 4–A or 5–A of the Agreement;
“(II)(aa) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in such Annex as a result of production occurring entirely in the territory of Morocco or the United States, or both; or
“(bb) the good otherwise satisfies the requirements specified in such Annex; and
“(III) the good satisfies all other applicable requirements of this section.
“(2)
“(A) the value of each material produced in the territory of Morocco or the United States, or both, and
“(B) the direct costs of processing operations performed in the territory of Morocco or the United States, or both,
is not less than 35 percent of the appraised value of the good at the time the good is entered into the territory of the United States.
“(c)
“(1)
“(2)
“(d)
“(1)
“(A) The price actually paid or payable for the material by the producer of such good.
“(B) The freight, insurance, packing, and all other costs incurred in transporting the material to the producer's plant, if such costs are not included in the price referred to in subparagraph (A).
“(C) The cost of waste or spoilage resulting from the use of the material in the growth, production, or manufacture of the good, less the value of recoverable scrap.
“(D) Taxes or customs duties imposed on the material by Morocco, the United States, or both, if the taxes or customs duties are not remitted upon exportation from the territory of Morocco or the United States, as the case may be.
“(2)
“(A) All expenses incurred in the growth, production, or manufacture of the material, including general expenses.
“(B) A reasonable amount for profit.
“(C) Freight, insurance, packing, and all other costs incurred in transporting the material to the producer's plant.
“(e)
“(f)
“(g)
“(h)
“(1)
“(A)
“(B)
“(C)
“(2)
“(i)
“(1)
“(A)
“(i) All actual labor costs involved in the growth, production, or manufacture of the good, including fringe benefits, on-the-job training, and the costs of engineering, supervisory, quality control, and similar personnel.
“(ii) Tools, dies, molds, and other indirect materials, and depreciation on machinery and equipment that are allocable to the good.
“(iii) Research, development, design, engineering, and blueprint costs, to the extent that they are allocable to the good.
“(iv) Costs of inspecting and testing the good.
“(v) Costs of packaging the good for export to the territory of the other country.
“(B)
“(i) profit; and
“(ii) general expenses of doing business that are either not allocable to the good or are not related to the growth, production, or manufacture of the good, such as administrative salaries, casualty and liability insurance, advertising, and sales staff salaries, commissions, or expenses.
“(2)
“(3)
“(A) a mineral good extracted in the territory of Morocco or the United States, or both;
“(B) a vegetable good, as such a good is provided for in the HTS, harvested in the territory of Morocco or the United States, or both;
“(C) a live animal born and raised in the territory of Morocco or the United States, or both;
“(D) a good obtained from live animals raised in the territory of Morocco or the United States, or both;
“(E) a good obtained from hunting, trapping, or fishing in the territory of Morocco or the United States, or both;
“(F) a good (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with Morocco or the United States and flying the flag of that country;
“(G) a good produced from goods referred to in subparagraph (F) on board factory ships registered or recorded with Morocco or the United States and flying the flag of that country;
“(H) a good taken by Morocco or the United States or a person of Morocco or the United States from the seabed or beneath the seabed outside territorial waters, if Morocco or the United States has rights to exploit such seabed;
“(I) a good taken from outer space, if such good is obtained by Morocco or the United States or a person of Morocco or the United States and not processed in the territory of a country other than Morocco or the United States;
“(J) waste and scrap derived from—
“(i) production or manufacture in the territory of Morocco or the United States, or both; or
“(ii) used goods collected in the territory of Morocco or the United States, or both, if such goods are fit only for the recovery of raw materials;
“(K) a recovered good derived in the territory of Morocco or the United States from used goods and utilized in the territory of that country in the production of remanufactured goods; and
“(L) a good produced in the territory of Morocco or the United States, or both, exclusively—
“(i) from goods referred to in subparagraphs (A) through (J), or
“(ii) from the derivatives of goods referred to in clause (i),
at any stage of production.
“(4)
“(A) fuel and energy;
“(B) tools, dies, and molds;
“(C) spare parts and materials used in the maintenance of equipment and buildings;
“(D) lubricants, greases, compounding materials, and other materials used in the growth, production, or manufacture of a good or used to operate equipment and buildings;
“(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;
“(F) equipment, devices, and supplies used for testing or inspecting the good;
“(G) catalysts and solvents; and
“(H) any other goods that are not incorporated into the good but the use of which in the growth, production, or manufacture of the good can reasonably be demonstrated to be a part of that growth, production, or manufacture.
“(5)
“(6)
“(7)
“(A)
“(i) has been substantially transformed from a good or material that is not wholly the growth, product, or manufacture of Morocco, the United States, or both; and
“(ii) has a new name, character, or use distinct from the good or material from which it was transformed.
“(B)
“(8)
“(A) the complete disassembly of used goods into individual parts; and
“(B) the cleaning, inspecting, testing, or other processing of those parts that is necessary for improvement to sound working condition.
“(9)
“(A) is entirely or partially comprised of recovered goods;
“(B) has a similar life expectancy to, and meets similar performance standards as, a like good that is new; and
“(C) enjoys a factory warranty similar to that of a like good that is new.
“(10)
“(11)
“(A)(i) the good or material is converted from a good that has multiple uses into a good or material that has limited uses;
“(ii) the physical properties of the good or material are changed to a significant extent; or
“(iii) the operation undergone by the good or material is complex by reason of the number of processes and materials involved and the time and level of skill required to perform those processes; and
“(B) the good or material loses its separate identity in the manufacturing or processing operation.
“(j)
“(1)
“(A) the provisions set out in Annex 4–A and Annex 5–A of the Agreement; and
“(B) any additional subordinate category necessary to carry out this title consistent with the Agreement.
“(2)
“(A)
“(B)
“(i) modifications to the provisions proclaimed under the authority of paragraph (1)(A) as are necessary to implement an agreement with Morocco pursuant to article 4.3.6 of the Agreement; and
“(ii) before the end of the 1-year period beginning on the date of the enactment of this Act [Aug. 17, 2004], modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the HTS, as included in Annex 4–A of the Agreement.
“(a)
“(1)
“(2)
“(A) that an exporter or producer in Morocco is complying with applicable customs laws, regulations, procedures, requirements, or practices affecting trade in textile or apparel goods; or
“(B) that a claim that a textile or apparel good exported or produced by such exporter or producer—
“(i) qualifies as an originating good under section 203 of this Act, or
“(ii) is a good of Morocco,
is accurate.
“(b)
“(1) suspension of liquidation of the entry of any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A), in a case in which the request for verification was based on a reasonable suspicion of unlawful activity related to such goods; and
“(2) suspension of liquidation of the entry of a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B).
“(c)
“(d)
“(1) publication of the name and address of the person that is the subject of the verification;
“(2) denial of preferential tariff treatment under the Agreement to—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or
“(B) a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B); and
“(3) denial of entry into the United States of—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification referred to in subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or
“(B) a textile or apparel good for which a claim has been made that is the subject of a verification referred to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B).
“The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
“(1) subsections (a) through (i) of section 203;
“(2) amendments to existing law made by the subsections referred to in paragraph (1); and
“(3) proclamations issued under section 203(j).
“In this title:
“(1)
“(2)
“(A) is listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); and
“(B) is a Moroccan article.
“(3)
“(a)
“(1)
“(2)
“(3)
“(b)
“(c)
“(1) Paragraphs (1)(B) and (3) of subsection (b).
“(2) Subsection (c).
“(3) Subsection (d).
“(4) Subsection (i).
“(d)
“(a)
“(b)
“(c)
“(d)
“(1) the determination made under subsection (a) and an explanation of the basis for the determination;
“(2) if the determination under subsection (a) is affirmative, any findings and recommendations for import relief made under subsection (c) and an explanation of the basis for each recommendation; and
“(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).
“(e)
“(a)
“(b)
“(c)
“(1)
“(A) The suspension of any further reduction provided for under Annex IV of the Agreement in the duty imposed on such article.
“(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [July 1, 2005].
“(C) In the case of a duty applied on a seasonal basis to such article, an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles for the immediately preceding corresponding season; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force.
“(2)
“(d)
“(1)
“(2)
“(A)
“(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and
“(ii) there is evidence that the industry is making a positive adjustment to import competition.
“(B)
“(ii) The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.
“(iii) The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.
“(C)
“(e)
“(f)
“(1) is subject to an assessment of additional duty under section 202(b); or
“(2) has been subject to import relief under this subtitle after the date on which the Agreement enters into force [July 1, 2005].
“(a)
“(b)
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
[Amended section 2252 of this title.]
“(a)
“(b)
“(a)
“(1)
“(2)
“(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
“(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
“(b)
“(1)
“(2)
“(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [July 1, 2005].
“(a)
“(b)
“(1)
“(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and
“(B) there is evidence that the industry is making a positive adjustment to import competition.
“(2)
“The President may not provide import relief under this subtitle with respect to any article if—
“(1) the article has been subject to import relief under this subtitle after the date on which the Agreement enters into force [July 1, 2005]; or
“(2) the article is subject to import relief under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.].
“When import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief, on the date on which the relief terminates.
“No import relief may be provided under this subtitle with respect to any article after the date that is 10 years after the date on which duties on the article are eliminated pursuant to the Agreement.
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this subtitle shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
“The President may not release information which is submitted in a proceeding under this subtitle and which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information to the President in a proceeding under this subtitle, the party also shall submit a nonconfidential version of the information, in which the confidential business information is summarized or, if necessary, deleted.”
[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]
[Proc. No. 7971, Dec. 22, 2005, 70 F.R. 76652, provided in par. (3) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Morocco Free Trade Agreement Implementation Act (USMFTA Act) (Pub. L. 108–302, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (5) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 204 of the USMFTA Act to exclude textile and apparel goods from the customs territory of the United States, to determine whether an enterprise's production of and capability to produce goods are consistent with statements by the enterprise, to find that an enterprise has knowingly or willfully engaged in circumvention, and to deny preferential tariff treatment to textile and apparel goods; and in par. (6) that the CITA is authorized to exercise the authority of the President under subtitle B of Title III of the USMFTA Act to review requests and determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to determine whether imports of a Moroccan textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and to provide relief from imports of an article that is the subject of such a determination.]
Pub. L. 108–286, Aug. 3, 2004, 118 Stat. 919, provided that:
“(a)
(b)
“The purposes of this Act are—
“(1) to approve and implement the Free Trade Agreement between the United States and Australia, entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));
“(2) to strengthen and develop economic relations between the United States and Australia for their mutual benefit;
“(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“In this Act:
“(1)
“(2) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
“(a)
“(1) the United States-Australia Free Trade Agreement entered into on May 18, 2004, with the Government of Australia and submitted to Congress on July 6, 2004; and
“(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on July 6, 2004.
“(b)
“(a)
“(1)
“(2)
“(A) to amend or modify any law of the United States, or
“(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
“(1)
“(2)
“(A) any law of a political subdivision of a State; and
“(B) any State law regulating or taxing the business of insurance.
“(c)
“(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
“(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the Agreement.
“(a)
“(1)
“(A) the President may proclaim such actions, and
“(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force [Jan. 1, 2005] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which the Agreement enters into force.
“(2)
“(3)
“(b)
“If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—
“(1) the President has obtained advice regarding the proposed action from—
“(A) the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B) the United States International Trade Commission;
“(2) the President has submitted a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that sets forth—
“(A) the action proposed to be proclaimed and the reasons therefor; and
“(B) the advice obtained under paragraph (1);
“(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
“(4) the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).
“(a)
“(b)
“(a)
“(b)
“(c)
“(a)
“(1) such modifications or continuation of any duty,
“(2) such continuation of duty-free or excise treatment, or
“(3) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 2.3, 2.5, and 2.6, and Annex 2–B of the Agreement.
“(b)
“(1) such modifications or continuation of any duty,
“(2) such modifications as the United States may agree to with Australia regarding the staging of any duty treatment set forth in Annex 2–B of the Agreement,
“(3) such continuation of duty-free or excise treatment, or
“(4) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Australia provided for by the Agreement.
“(c)
“(a)
“(1)
“(2)
“(A) the column 1 general rate of duty that would have been imposed under the HTS on the same safeguard good entered, without a claim for preferential treatment, at the time the additional duty is imposed under subsection (b), (c), or (d), as the case may be; or
“(B) the column 1 general rate of duty that would have been imposed under the HTS on the same safeguard good entered, without a claim for preferential treatment, on December 31, 2004.
“(3)
“(4)
“(A) a horticulture safeguard good described [in] subsection (b)(1)(B); or
“(B) a beef safeguard good described in subsection (c)(1) or subsection (d)(1)(A).
“(5)
“(A) subtitle A of title III of this Act; or
“(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“(6)
“(7)
“(b)
“(1)
“(A) F.O.B.—The term ‘F.O.B.’ means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer.
“(B)
“(i) that qualifies as an originating good under section 203;
“(ii) that is included in the United States Horticulture Safeguard List set forth in Annex 3–A of the Agreement; and
“(iii) for which a claim for preferential treatment under the Agreement has been made.
“(C)
“(D)
“(2)
“(3)
“If the excess of the trigger price over the unit import price is: | The additional duty is an amount equal to: | |
Not more than 10 percent of the trigger price | 0. | |
More than 10 percent but not more than 40 percent of the trigger price | 30 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty. | |
More than 40 percent but not more than 60 percent of the trigger price | 50 percent of such excess. | |
More than 60 percent but not more than 75 percent of the trigger price | 70 percent of such excess. | |
More than 75 percent of the trigger price | 100 percent of such excess. |
“(c)
“(1)
“(A) that qualifies as an originating good under section 203;
“(B) that is listed in paragraph 3 of Annex I of the General Notes to the Schedule of the United States to Annex 2–B of the Agreement; and
“(C) for which a claim for preferential treatment under the Agreement has been made.
“(2)
“(3)
“(4)
“(A)
“(B)
“(i) appropriate private sector advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(ii) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding—
“(I) the reasons supporting the determination to grant the waiver; and
“(II) the proposed scope and duration of the waiver.
“(C)
“(5)
“(d)
“(1)
“(A)
“(i) that qualifies as an originating good under section 203;
“(ii) that is classified under subheading 0201.10.50, 0201.20.80, 0201.30.80, 0202.10.50, 0202.20.80, or 0202.30.80 of the HTS; and
“(iii) for which a claim for preferential treatment under the Agreement has been made.
“(B)
“(i)
“(ii)
“(iii)
“(iv)
“(v)
“(C)
“(D) 24-
“(2)
“(A)(i) the good is imported in the first calendar quarter, second calendar quarter, or third calendar quarter of a calendar year; and
“(ii) the monthly average index price, in any 2 calendar months of the preceding calendar quarter, is less than the 24-month trigger price; or
“(B)(i) the good is imported in the fourth calendar quarter of a calendar year; and
“(ii)(I) the monthly average index price, in any 2 calendar months of the preceding calendar quarter, is less than the 24-month trigger price; or
“(II) the monthly average index price, in any of the 4 calendar months preceding January 1 of the succeeding calendar year, is less than the 24-month trigger price.
“(3)
“(4)
“(A) the quantity of goods of Australia eligible to enter the United States in that year specified in Additional United States Note 3 to Chapter 2 of the HTS; and
“(B)(i) in 2023, 70,420 metric tons; or
“(ii) in 2024, and in each year thereafter, a quantity that is 0.6 percent greater than the quantity provided for in the preceding year under this subparagraph.
“(5)
“(A)
“(B)
“(i) appropriate private sector advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(ii) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding—
“(I) the reasons supporting the determination to grant the waiver; and
“(II) the proposed scope and duration of the waiver.
“(C)
“(6)
“(a)
“(1)
“(2)
“(3)
“(b)
“(1) the good is a good wholly obtained or produced entirely in the territory of Australia, the United States, or both;
“(2) the good—
“(A) is produced entirely in the territory of Australia, the United States, or both, and—
“(i) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4–A or Annex 5–A of the Agreement;
“(ii) the good otherwise satisfies any applicable regional value-content requirement referred to in Annex 5–A of the Agreement; or
“(iii) the good meets any other requirements specified in Annex 4–A or Annex 5–A of the Agreement; and
“(B) the good satisfies all other applicable requirements of this section;
“(3) the good is produced entirely in the territory of Australia, the United States, or both, exclusively from materials described in paragraph (1) or (2); or
“(4) the good otherwise qualifies as an originating good under this section.
“(c)
“(1)
“(A) the value of all nonoriginating materials that—
“(i) are used in the production of the good, and
“(ii) do not undergo the required change in tariff classification,
does not exceed 10 percent of the adjusted value of the good;
“(B) the good meets all other applicable requirements of this section; and
“(C) the value of such nonoriginating materials is included in the value of nonoriginating materials for any applicable regional value-content requirement for the good.
“(2)
“(A) A nonoriginating material provided for in chapter 4 of the HTS or in subheading 1901.90 that is used in the production of a good provided for in chapter 4 of the HTS.
“(B) A nonoriginating material provided for in chapter 4 of the HTS or in subheading 1901.90 that is used in the production of a good provided for in subheading 1901.10, 1901.20, or 1901.90, heading 2105, or subheading 2106.90, 2202.90, or 2309.90.
“(C) A nonoriginating material provided for in heading 0805 or any of subheadings 2009.11 through 2009.39 that is used in the production of a good provided for in any of subheadings 2009.11 through 2009.39, or in subheading 2106.90 or 2202.90.
“(D) A nonoriginating material provided for in chapter 15 of the HTS that is used in the production of a good provided for in any of headings 1501.00.00 through 1508, or in heading 1512, 1514, or 1515.
“(E) A nonoriginating material provided for in heading 1701 that is used in the production of a good provided for in any of headings 1701 through 1703.
“(F) A nonoriginating material provided for in chapter 17 of the HTS or heading 1805.00.00 that is used in the production of a good provided for in subheading 1806.10.
“(G) A nonoriginating material provided for in any of headings 2203 through 2208 that is used in the production of a good provided for in heading 2207 or 2208.
“(H) A nonoriginating material used in the production of a good provided for in any of chapters 1 through 21 of the HTS unless the nonoriginating material is provided for in a different subheading than the good for which origin is being determined under this section.
“(3)
“(A)
“(B)
“(C)
“(d)
“(1)
“(2)
“(e)
“(1)
“(2)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i) RVC.—The term ‘RVC’ means the regional value-content of the good, expressed as a percentage.
“(ii) AV.—The term ‘AV’ means the adjusted value of the good.
“(iii) VNM.—The term ‘VNM’ means the value of nonoriginating materials that are acquired and used by the producer in the production of the good, but does not include the value of a material that is self-produced.
“(3)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i) RVC.—The term ‘RVC’ means the regional value-content of the good, expressed as a percentage.
“(ii) AV.—The term ‘AV’ means the adjusted value of the good.
“(iii) VOM.—The term ‘VOM’ means the value of originating materials that are acquired or self-produced, and used by the producer in the production of the good.
“(4)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i)
“(ii) RVC.—The term ‘RVC’ means the regional value-content of the automotive good, expressed as a percentage.
“(iii) NC.—The term ‘NC’ means the net cost of the automotive good.
“(iv) VNM.—The term ‘VNM’ means the value of nonoriginating materials that are acquired and used by the producer in the production of the automotive good, but does not include the value of a material that is self-produced.
“(C)
“(i)
“(I) with respect to all motor vehicles in any one of the categories described in clause (ii); or
“(II) with respect to all motor vehicles in any such category that are exported to the territory of the United States or Australia.
“(ii)
“(I) is the same model line of motor vehicles, is in the same class of vehicles, and is produced in the same plant in the territory of Australia or the United States, as the good described in clause (i) for which regional value-content is being calculated;
“(II) is the same class of motor vehicles, and is produced in the same plant in the territory of Australia or the United States, as the good described in clause (i) for which regional value-content is being calculated; or
“(III) is the same model line of motor vehicles produced in either the territory of Australia or the United States, as the good described in clause (i) for which regional value-content is being calculated.
“(D)
“(i) average the amounts calculated under the formula contained in subparagraph (A) over—
“(I) the fiscal year of the motor vehicle producer to whom the automotive goods are sold,
“(II) any quarter or month, or
“(III) its own fiscal year,
if the goods were produced during the fiscal year, quarter, or month that is the basis for the calculation;
“(ii) determine the average referred to in clause (i) separately for such goods sold to one or more motor vehicle producers; or
“(iii) make a separate determination under clause (i) or (ii) for automotive goods that are exported to the territory of the United States or Australia.
“(E)
“(i) calculating the total cost incurred with respect to all goods produced by the producer of the automotive good, subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost of all such goods, and then reasonably allocating the resulting net cost of those goods to the automotive good;
“(ii) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the automotive good, and then subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the portion of the total cost allocated to the automotive good; or
“(iii) reasonably allocating each cost that forms part of the total cost incurred with respect to the automotive good so that the aggregate of these costs does not include any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, or nonallowable interest costs.
“(f)
“(1)
“(A) in the case of a material that is imported by the producer of the good, the adjusted value of the material;
“(B) in the case of a material acquired in the territory in which the good is produced, the value, determined in accordance with Articles 1 through 8, article 15, and the corresponding interpretive notes of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in section 101(d)(8) of the Uruguay Round Agreements Act [19 U.S.C. 3511(d)(8)], as set forth in regulations promulgated by the Secretary of the Treasury providing for the application of such Articles in the absence of an importation; or
“(C) in the case of a material that is self-produced, the sum of—
“(i) all expenses incurred in the production of the material, including general expenses; and
“(ii) an amount for profit equivalent to the profit added in the normal course of trade.
“(2)
“(A)
“(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the territory of Australia, the United States, or both, to the location of the producer.
“(ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Australia, the United States, or both, other than duties or taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
“(iii) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or byproducts.
“(B)
“(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material within or between the territory of Australia, the United States, or both, to the location of the producer.
“(ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Australia, the United States, or both, other than duties or taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
“(iii) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or byproducts.
“(iv) The cost of processing incurred in the territory of Australia, the United States, or both, in the production of the nonoriginating material.
“(v) The cost of originating materials used in the production of the nonoriginating material in the territory of Australia, the United States, or both.
“(g)
“(1)
“(A) be treated as originating goods if the good is an originating good; and
“(B) be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo the applicable change in tariff classification set out in Annex 5–A of the Agreement.
“(2)
“(A) the accessories, spare parts, or tools are not invoiced separately from the good;
“(B) the quantities and value of the accessories, spare parts, or tools are customary for the good; and
“(C) if the good is subject to a regional value-content requirement, the value of the accessories, spare parts, or tools is taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value-content of the good.
“(h)
“(1)
“(A)
“(B)
“(i) averaging;
“(ii) ‘last-in, first-out’;
“(iii) ‘first-in, first-out’; or
“(iv) any other method—
“(I) recognized in the generally accepted accounting principles of the country in which the production is performed (whether Australia or the United States); or
“(II) otherwise accepted by that country.
“(2)
“(i)
“(j)
“(1) the nonoriginating materials used in the production of a good undergo the applicable change in tariff classification set out in Annex 4–A or Annex 5–A of the Agreement; and
“(2) the good satisfies a regional value-content requirement.
“(k)
“(l)
“(m)
“(n)
“(1)
“(2)
“(A) Motor vehicles provided for in subheading 8701.20, 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 8705 or 8706, or motor vehicles for the transport of 16 or more persons provided for in subheading 8702.10 or 8702.90.
“(B) Motor vehicles provided for in subheading 8701.10 or any of subheadings 8701.30 through 8701.90.
“(C) Motor vehicles for the transport of 15 or fewer persons provided for in subheading 8702.10 or 8702.90, or motor vehicles provided for in subheading 8704.21 or 8704.31.
“(D) Motor vehicles provided for in any of subheadings 8703.21 through 8703.90.
“(3)
“(4)
“(5)
“(A) a mineral good extracted in the territory of Australia, the United States, or both;
“(B) a vegetable good, as such goods are provided for in the HTS, harvested in the territory of Australia, the United States, or both;
“(C) a live animal born and raised in the territory of Australia, the United States, or both;
“(D) a good obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of Australia, the United States, or both;
“(E) a good (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with Australia or the United States and flying the flag of that country;
“(F) a good produced exclusively from products referred to in subparagraph (E) on board factory ships registered or recorded with Australia or the United States and flying the flag of that country;
“(G) a good taken by Australia or the United States or a person of Australia or the United States from the seabed or beneath the seabed outside territorial waters, if Australia or the United States has rights to exploit such seabed;
“(H) a good taken from outer space, if such good is obtained by Australia or the United States or a person of Australia or the United States and not processed in the territory of a country other than Australia or the United States;
“(I) waste and scrap derived from—
“(i) production in the territory of Australia, the United States, or both; or
“(ii) used goods collected in the territory of Australia, the United States, or both, if such goods are fit only for the recovery of raw materials;
“(J) a recovered good derived in the territory of Australia or the United States from goods that have passed their life expectancy, or are no longer usable due to defects, and utilized in the territory of that country in the production of remanufactured goods; or
“(K) a good produced in the territory of Australia, the United States, or both, exclusively—
“(i) from goods referred to in any of subparagraphs (A) through (I), or
“(ii) from the derivatives of goods referred to in clause (i),
at any stage of production.
“(6)
“(A) fuel and energy;
“(B) tools, dies, and molds;
“(C) spare parts and materials used in the maintenance of equipment or buildings;
“(D) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment or buildings;
“(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;
“(F) equipment, devices, and supplies used for testing or inspecting the good;
“(G) catalysts and solvents; and
“(H) any other goods that are not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production.
“(7)
“(8)
“(9)
“(10)
“(11)
“(12)
“(13)
“(14)
“(15)
“(16)
“(A) the complete disassembly of goods which have passed their life expectancy, or are no longer usable due to defects, into individual parts; and
“(B) the cleaning, inspecting, or testing, or other processing that is necessary for improvement to sound working condition of such individual parts.
“(17)
“(A) is entirely or partially comprised of recovered goods;
“(B) has a similar life expectancy to, and meets the same performance standards as, a like good that is new; and
“(C) enjoys a factory warranty similar to a like good that is new.
“(18)
“(19)
“(o)
“(1)
“(A) the provisions set out in Annex 4–A and Annex 5–A of the Agreement; and
“(B) any additional subordinate category necessary to carry out this title consistent with the Agreement.
“(2)
“(A)
“(B)
“(i) modifications to the provisions proclaimed under the authority of paragraph (1)(A) as are necessary to implement an agreement with Australia pursuant to article 4.2.5 of the Agreement; and
“(ii) before the end of the 1-year period beginning on the date of the enactment of this Act [Aug. 3, 2004], modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the HTS, as included in Annex 4–A of the Agreement.
[Amended section 58c of this title.]
[Amended section 1592 of this title.]
“(a)
“(1)
“(2)
“(A) that an exporter or producer in Australia is complying with applicable customs laws, regulations, procedures, requirements, or practices affecting trade in textile or apparel goods; or
“(B) that a claim that a textile or apparel good exported or produced by such exporter or producer—
“(i) qualifies as an originating good under section 203 of this Act; or
“(ii) is a good of Australia,
is accurate.
“(b)
“(1) suspension of liquidation of the entry of any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A), in a case in which the request for verification was based on a reasonable suspicion of unlawful activity related to such goods; and
“(2) suspension of liquidation of the entry of a textile or apparel good for which a claim has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B).
“(c)
“(d)
“(1) publication of the name and address of the person that is the subject of the verification;
“(2) denial of preferential tariff treatment under the Agreement to—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or
“(B) a textile or apparel good for which a claim has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B); and
“(3) denial of entry into the United States of—
“(A) any textile or apparel good exported or produced by the person that is the subject of a verification under subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or
“(B) a textile or apparel good for which a claim has been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection (a)(2)(B).
“The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
“(1) subsections (a) through (n) of section 203 and section 204;
“(2) amendments to existing law made by the sections referred to in paragraph (1); and
“(3) proclamations issued under section 203(o).
“As used in this title:
“(1)
“(2)
“(A) that is listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); and
“(B) that is an Australian article.
“(3)
“(a)
“(1)
“(2)
“(3)
“(b)
“(c)
“(1) Paragraphs (1)(B) and (3) of subsection (b).
“(2) Subsection (c).
“(3) Subsection (d).
“(4) Subsection (i).
“(d)
“(a)
“(b)
“(c)
“(d)
“(1) the determination made under subsection (a) and an explanation of the basis for the determination;
“(2) if the determination under subsection (a) is affirmative, any findings and recommendations for import relief made under subsection (c) and an explanation of the basis for each recommendation; and
“(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).
“(e)
“(a)
“(b)
“(c)
“(1)
“(A) The suspension of any further reduction provided for under Annex 2–B of the Agreement in the duty imposed on such article.
“(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2005].
“(C) In the case of a duty applied on a seasonal basis to such article, an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles for the immediately preceding corresponding season; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force.
“(2)
“(d)
“(1)
“(2)
“(A)
“(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment by the domestic industry to import competition; and
“(ii) there is evidence that the industry is making a positive adjustment to import competition.
“(B)
“(ii) The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.
“(iii) The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.
“(C)
“(e)
“(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States to Annex 2–B of the Agreement for the staged elimination of the tariff, would have been in effect 1 year after the provision of relief under subsection (a); and
“(2) the rate of duty for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either—
“(A) the applicable NTR (MFN) rate of duty for that article set out in the Schedule of the United States to Annex 2–B of the Agreement; or
“(B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the Schedule of the United States to Annex 2–B of the Agreement for the elimination of the tariff.
“(f)
“(1) is subject to—
“(A) import relief under subtitle B; or
“(B) an assessment of additional duty under subsection (b), (c), or (d) of section 202; or
“(2) has been subject to import relief under this subtitle after the date on which the Agreement enters into force [Jan. 1, 2005].
“(a)
“(b)
“(c)
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
[Amended section 2252 of this title.]
“(a)
“(b)
“(1) allege that critical circumstances exist such that delay in the provision of relief would cause damage that would be difficult to repair; and
“(2) based on such allegation, request that relief be provided on a provisional basis.
“(c)
“(a)
“(1)
“(2)
“(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
“(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
“(b)
“(1)
“(2)
“(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2005].
“(c)
“(1)
“(A) there is clear evidence that—
“(i) imports from Australia have increased as the result of the reduction or elimination of a customs duty under the Agreement; and
“(ii) such imports are causing serious damage, or actual threat thereof, to the domestic industry producing an article like or directly competitive with the imported article; and
“(B) delay in taking action under this subtitle would cause damage to that industry that would be difficult to repair.
“(2)
“(3)
“(4)
“(A)
“(i) the President makes a negative determination under subsection (a) regarding serious damage or actual threat thereof by imports of such article;
“(ii) action described in subsection (b) takes effect with respect to such article;
“(iii) a decision by the President not to take any action under subsection (b) with respect to such article becomes final; or
“(iv) the President determines that, because of changed circumstances, such relief is no longer warranted.
“(B)
“(C)
“(D)
“(a)
“(b)
“(1)
“(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and
“(B) there is evidence that the industry is making a positive adjustment to import competition.
“(2)
“The President may not provide import relief under this subtitle with respect to any article if—
“(1) import relief previously has been provided under this subtitle with respect to that article; or
“(2) the article is subject to import relief under—
“(A) subtitle A; or
“(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“When import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief, on the date the relief terminates.
“No import relief may be provided under this subtitle with respect to any article after the date that is 10 years after the date on which duties on the article are eliminated pursuant to the Agreement.
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this subtitle shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
“The President may not release information which is submitted in a proceeding under this subtitle and which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information to the President in a proceeding under this subtitle, the party also shall submit a nonconfidential version of the information, in which the confidential business information is summarized or, if necessary, deleted.
“(a)
“(b)
[Amended section 2518 of this title.]
[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]
[Proc. No. 7857, Dec. 20, 2004, 69 F.R. 77136, provided in par. (3) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Australia Free Trade Agreement Implementation Act (USAFTA Act) (Pub. L. 108–286, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (5) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 206 of the USAFTA Act to exclude textile and apparel goods from the customs territory of the United States, to determine whether an enterprise's production of and capability to produce goods are consistent with statements by the enterprise, to find that an enterprise has knowingly or willfully engaged in circumvention, and to deny preferential tariff treatment to textile and apparel goods; and in par. (6) that the CITA is authorized to exercise the authority of the President under sections 321–328 of the USAFTA Act to review requests, including allegations of critical circumstances, and to determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to determine whether imports of an Australian textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and to provide relief from imports of an article that is the subject of such a determination, and if critical circumstances are alleged, to determine whether there is clear evidence that imports from Australia have increased as the result of the reduction or elimination of a customs duty under the United States-Australia Free Trade Agreement, whether there is clear evidence that such imports are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and whether delay in taking action would cause damage to that industry that would be difficult to repair, and to provide provisional relief with respect to imports that are subject to an affirmative determination of critical circumstances that is necessary to remedy or prevent the serious damage.]
Pub. L. 108–78, Sept. 3, 2003, 117 Stat. 948, provided that:
“(a)
“(b)
“The purposes of this Act are—
“(1) to approve and implement the Free Trade Agreement between the United States and the Republic of Singapore entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(b)];
“(2) to strengthen and develop economic relations between the United States and Singapore for their mutual benefit;
“(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“In this Act:
“(1)
“(2)
“(a)
“(1) the United States-Singapore Free Trade Agreement entered into on May 6, 2003, with the Government of Singapore and submitted to Congress on July 15, 2003; and
“(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on July 15, 2003.
“(b)
“(a)
“(1)
“(2)
“(A) to amend or modify any law of the United States, or
“(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
“(1)
“(2)
“(A) any law of a political subdivision of a State; and
“(B) any State law regulating or taxing the business of insurance.
“(c)
“(1) shall have any cause of action or defense under the Agreement or by virtue of congressional approval thereof; or
“(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the ground that such action or inaction is inconsistent with the Agreement.
“(a)
“(1) the President has obtained advice regarding the proposed action from—
“(A) the appropriate advisory committees established under section 135 of the Trade Act of 1974 [19 U.S.C. 2155]; and
“(B) the United States International Trade Commission;
“(2) the President has submitted a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives that sets forth—
“(A) the action proposed to be proclaimed and the reasons therefor; and
“(B) the advice obtained under paragraph (1);
“(3) a period of 60 calendar days beginning on the first day on which the requirements of paragraphs (1) and (2) have been met has expired; and
“(4) the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).
“(b)
“(a)
“(1)
“(A) the President may proclaim such actions, and
“(B) other appropriate officers of the United States Government may issue such regulations—
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force [Jan. 1, 2004] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date of entry into force.
“(2)
“(b)
“(a)
“(b)
“(a)
“(b)
“(a)
“(b)
“(1) Sections 1 through 3 and this title take effect on the date of enactment of this Act [Sept. 3, 2003].
“(2) Section 205 takes effect on the date on which the textile and apparel provisions of the Agreement take effect pursuant to article 5.10 of the Agreement.
“(c)
“(a)
“(1) such modifications or continuation of any duty,
“(2) such continuation of duty-free or excise treatment, or
“(3) such additional duties—
as the President determines to be necessary or appropriate to carry out or apply articles 2.2, 2.5, 2.6, and 2.12 and Annex 2B of the Agreement.
“(b)
“(1) such modifications or continuation of any duty,
“(2) such modifications as the United States may agree to with Singapore regarding the staging of any duty treatment set forth in Annex 2B of the Agreement,
“(3) such continuation of duty-free or excise treatment, or
“(4) such additional duties—
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Singapore provided for by the Agreement.
“(c)
“(a)
“(1) the good is wholly obtained or produced entirely in the territory of Singapore, the United States, or both;
“(2) each nonoriginating material used in the production of the good—
“(A) undergoes an applicable change in tariff classification set out in Annex 3A of the Agreement as a result of production occurring entirely in the territory of Singapore, the United States, or both; or
“(B) if no change in tariff classification is required, the good otherwise satisfies the applicable requirements of such Annex; or
“(3) the good itself, as imported, is listed in Annex 3B of the Agreement and is imported into the territory of the United States from the territory of Singapore.
“(b)
“(1)
“(A) the value of all nonoriginating materials used in the production of the good that do not undergo the required change in tariff classification under Annex 3A of the Agreement does not exceed 10 percent of the adjusted value of the good;
“(B) if the good is subject to a regional value-content requirement, the value of such nonoriginating materials is taken into account in calculating the regional value-content of the good; and
“(C) the good satisfies all other applicable requirements of this section.
“(2)
“(A) A nonoriginating material provided for in chapter 4 of the HTS or in subheading 1901.90 of the HTS that is used in the production of a good provided for in chapter 4 of the HTS.
“(B) A nonoriginating material provided for in chapter 4 of the HTS or in subheading 1901.90 of the HTS that is used in the production of a good provided for in heading 2105 or in any of subheadings 1901.10, 1901.20, 1901.90, 2106.90, 2202.90, and 2309.90 of the HTS.
“(C) A nonoriginating material provided for in heading 0805, or any of subheadings 2009.11.00 through 2009.39, of the HTS, that is used in the production of a good provided for in any of subheadings 2009.11.00 through 2009.39 or in subheading 2106.90 or 2202.90 of the HTS.
“(D) A nonoriginating material provided for in chapter 15 of the HTS that is used in the production of a good provided for in any of headings 1501.00.00 through 1508, 1512, 1514, and 1515 of the HTS.
“(E) A nonoriginating material provided for in heading 1701 of the HTS that is used in the production of a good provided for in any of headings 1701 through 1703 of the HTS.
“(F) A nonoriginating material provided for in chapter 17 of the HTS or heading 1805.00.00 of the HTS that is used in the production of a good provided for in subheading 1806.10 of the HTS.
“(G) A nonoriginating material provided for in any of headings 2203 through 2208 of the HTS that is used in the production of a good provided for in heading 2207 or 2208 of the HTS.
“(H) A nonoriginating material used in the production of a good provided for in any of chapters 1 through 21 of the HTS, unless the nonoriginating material is provided for in a different subheading than the good for which origin is being determined under this section.
“(3)
“(A)
“(B)
“(i)
“(ii)
“(c)
“(1)
“(2)
“(d)
“(1)
“(2)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i) The term ‘RVC’ means the regional value-content, expressed as a percentage.
“(ii) The term ‘AV’ means the adjusted value.
“(iii) The term ‘VNM’ means the value of nonoriginating materials that are acquired and used by the producer in the production of the good.
“(3)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i) The term ‘RVC’ means the regional value-content, expressed as a percentage.
“(ii) The term ‘AV’ means the adjusted value.
“(iii) The term ‘VOM’ means the value of originating materials that are acquired or self-produced and are used by the producer in the production of the good.
“(e)
“(1)
“(A) in the case of a material imported by the producer of the good, the adjusted value of the material;
“(B) in the case of a material acquired in the territory in which the good is produced, except for a material to which subparagraph (C) applies, the adjusted value of the material; or
“(C) in the case of a material that is self-produced, or in a case in which the relationship between the producer of the good and the seller of the material influenced the price actually paid or payable for the material, including a material obtained without charge, the sum of—
“(i) all expenses incurred in the production of the material, including general expenses; and
“(ii) an amount for profit.
“(2)
“(A)
“(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material to the location of the producer.
“(ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Singapore, the United States, or both, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
“(iii) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-product.
“(B)
“(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material to the location of the producer.
“(ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Singapore, the United States, or both, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
“(iii) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or by-product.
“(iv) The cost of processing incurred in the territory of Singapore or the United States in the production of the nonoriginating material.
“(v) The cost of originating materials used in the production of the nonoriginating material in the territory of Singapore or the United States.
“(f)
“(1)
“(A) be treated as originating goods if the good is an originating good; and
“(B) be disregarded in determining whether all the nonoriginating materials used in the production of the good undergo an applicable change in tariff classification set out in Annex 3A of the Agreement.
“(2)
“(A) the accessories, spare parts, or tools are not invoiced separately from the good;
“(B) the quantities and value of the accessories, spare parts, or tools are customary for the good; and
“(C) if the good is subject to a regional value-content requirement, the value of the accessories, spare parts, or tools is taken into account as originating or nonoriginating materials, as the case may be, in calculating the regional value-content of the good.
“(g)
“(1)
“(A)
“(B)
“(i) averaging;
“(ii) ‘last-in, first-out’;
“(iii) ‘first-in, first-out’; or
“(iv) any other method—
“(I) recognized in the generally accepted accounting principles of the country in which the production is performed (whether Singapore or the United States); or
“(II) otherwise accepted by that country.
“(2)
“(h)
“(i)
“(1) the nonoriginating materials used in the production of a good undergo an applicable change in tariff classification set out in Annex 3A of the Agreement; and
“(2) the good satisfies a regional value-content requirement.
“(j)
“(k)
“(l)
“(1)
“(2)
“(m)
“(1) The basis for any tariff classification is the HTS.
“(2) Any cost or value referred to in this section shall be recorded and maintained in accordance with the generally accepted accounting principles applicable in the territory of the country in which the good is produced (whether Singapore or the United States).
“(n)
“(1)
“(2)
“(3)
“(4)
“(A) mineral goods extracted in the territory of Singapore, the United States, or both;
“(B) vegetable goods, as such goods are defined in the Harmonized System, harvested in the territory of Singapore, the United States, or both;
“(C) live animals born and raised in the territory of Singapore, the United States, or both;
“(D) goods obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of Singapore, the United States, or both;
“(E) goods (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with Singapore or the United States and flying the flag of that country;
“(F) goods produced exclusively from products referred to in subparagraph (E) on board factory ships registered or recorded with Singapore or the United States and flying the flag of that country;
“(G) goods taken by Singapore or the United States, or a person of Singapore or the United States, from the seabed or beneath the seabed outside territorial waters, if Singapore or the United States has rights to exploit such seabed;
“(H) goods taken from outer space, if the goods are obtained by Singapore or the United States or a person of Singapore or the United States and not processed in the territory of a country other than Singapore or the United States;
“(I) waste and scrap derived from—
“(i) production in the territory of Singapore, the United States, or both; or
“(ii) used goods collected in the territory of Singapore, the United States, or both, if such goods are fit only for the recovery of raw materials;
“(J) recovered goods derived in the territory of Singapore, the United States, or both, from used goods; or
“(K) goods produced in the territory of Singapore, the United States, or both, exclusively—
“(i) from goods referred to in any of subparagraphs (A) through (I); or
“(ii) from the derivatives of goods referred to in clause (i).
“(5)
“(6)
“(A) fuel and energy;
“(B) tools, dies, and molds;
“(C) spare parts and materials used in the maintenance of equipment or buildings;
“(D) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment or buildings;
“(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;
“(F) equipment, devices, and supplies used for testing or inspecting the good;
“(G) catalysts and solvents; and
“(H) any other goods that are not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production.
“(7)
“(8)
“(9)
“(10)
“(11)
“(12)
“(13)
“(A)
“(i) the complete disassembly of used goods into individual parts; and
“(ii) the cleaning, inspecting, testing, or other processing of those parts as necessary for improvement to sound working condition by one or more of the processes described in subparagraph (B), in order for such parts to be assembled with other parts, including other parts that have undergone the processes described in this paragraph, in the production of a remanufactured good described in Annex 3C of the Agreement.
“(B)
“(14)
“(A) is entirely or partially comprised of recovered goods;
“(B) has the same life expectancy and meets the same performance standards as a new good; and
“(C) enjoys the same factory warranty as such a new good.
“(15)
“(16)
“(o)
“(1)
“(A) the provisions set out in Annexes 3A, 3B, and 3C of the Agreement; and
“(B) any additional subordinate category necessary to carry out this title consistent with the Agreement.
“(2)
“(A)
“(i) the provisions of Annex 3B of the Agreement; and
“(ii) provisions of chapters 50 through 63 of the HTS, as included in Annex 3A of the Agreement.
“(B)
“(i) modifications to the provisions proclaimed under the authority of paragraph (1)(A) that are necessary to implement an agreement with Singapore pursuant to article 3.18.4(c) of the Agreement; and
“(ii) before the 1st anniversary of the date of enactment of this Act [Sept. 3, 2003], modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the HTS, as included in Annex 3A of the Agreement.
[Amended section 58c of this title.]
[Amended section 1592 of this title.]
“(a)
“(1)
“(2)
“(b)
“(1)
“(2)
“(A)
“(B)
“(C)
“(c)
“(1) deny preferential tariff treatment to the goods involved in the circumvention; and
“(2) deny preferential tariff treatment, for a period not to exceed 4 years from the date on which consultations pursuant to article 5.8 of the Agreement conclude, to—
“(A) textile and apparel goods produced by the enterprise found to have engaged in the circumvention, including any successor of such enterprise; and
“(B) textile and apparel goods produced by any other entity owned or operated by a principal of the enterprise, if the principal also is a principal of the other entity.
“(d)
“(1)
“(2)
“The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
“(1) subsections (a) through (n) of section 202, and section 203;
“(2) amendments made by the sections referred to in paragraph (1); and
“(3) proclamations issued under section 202(o).
“In this title:
“(1)
“(2)
“(3)
“(A) that is listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); and
“(B) that is a Singaporean article.
“(a)
“(1)
“(2)
“(3)
“(b)
“(c)
“(1) Paragraphs (1)(B) and (3) of subsection (b).
“(2) Subsection (c).
“(3) Subsection (d).
“(4) Subsection (i).
“(d)
“(1) this subtitle;
“(2) subtitle B;
“(3) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.];
“(4) article 6 of the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); or
“(5) article 5 of the Agreement on Agriculture referred to in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)).
“(a)
“(b)
“(c)
“(d)
“(1) the determination made under subsection (a) and an explanation of the basis for the determination;
“(2) if the determination under subsection (a) is affirmative, any findings and recommendations for import relief made under subsection (c) and an explanation of the basis for each recommendation; and
“(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).
“(e)
“(a)
“(b)
“(c)
“(1)
“(A) The suspension of any further reduction provided for under Annex 2B of the Agreement in the duty imposed on such article.
“(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2004].
“(C) In the case of a duty applied on a seasonal basis to such article, an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles for the immediately preceding corresponding season; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force.
“(2)
“(d)
“(1)
“(2)
“(A)
“(i) the import relief continues to be necessary to prevent or remedy serious injury and to facilitate adjustment; and
“(ii) there is evidence that the industry is making a positive adjustment to import competition.
“(B)
“(i) Upon a petition on behalf of the industry concerned, filed with the Commission not earlier than the date which is 9 months, and not later than the date which is 6 months, before the date on which any action taken under subsection (a) is to terminate, the Commission shall conduct an investigation to determine whether action under this section continues to be necessary to remedy or prevent serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.
“(ii) The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.
“(iii) The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.
“(C)
“(e)
“(f)
“(1) this subtitle;
“(2) subtitle B;
“(3) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.];
“(4) article 6 of the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); or
“(5) article 5 of the Agreement on Agriculture referred to in section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(2)).
“(a)
“(b)
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
[Amended section 2252 of this title.]
“(a)
“(b)
“(a)
“(1)
“(2)
“(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
“(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
“(3)
“(b)
“(1)
“(2)
“(A) the suspension of any further reduction provided for under Annex 2B of the Agreement in the duty imposed on the article; or
“(B) an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2004].
“(a)
“(b)
“(1)
“(A) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment; and
“(B) there is evidence that the industry is making a positive adjustment to import competition.
“(2)
“The President may not provide import relief under this subtitle with respect to any article if import relief previously has been provided under this subtitle with respect to that article.
“When import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief, on the date the relief terminates.
“No import relief may be provided under this subtitle with respect to an article after the date that is 10 years after the date on which the provisions of the Agreement relating to trade in textile and apparel goods take effect pursuant to article 5.10 of the Agreement.
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this subtitle shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
“The President may not release information which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the President, or such party subsequently consents to the release of the information. To the extent business confidential information is provided, a nonconfidential version of the information shall also be provided, in which the business confidential information is summarized or, if necessary, deleted.
“(a)
“(b)
“Upon a basis of reciprocity secured by the Agreement, an alien who is a national of Singapore (and any spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of such alien, if accompanying or following to join the alien) may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in clause (i) or (ii) of such section 101(a)(15)(E). For purposes of this section, the term ‘national’ has the meaning given such term in Annex 1A of the Agreement.
[Amended section 1184 of Title 8, Aliens and Nationality.]
[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]
[Proc. No. 7747, Dec. 30, 2003, 68 F.R. 75794, provided in par. (3) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Singapore Free Trade Agreement Implementation Act (USSFTA Act) (Pub. L. 108–78, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (5) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 205 of the USSFTA Act to exclude textile and apparel goods from the customs territory of the United States, to determine whether an enterprise's production of, and capability to produce, textile and apparel goods are consistent with statements by the enterprise, to find that an enterprise has knowingly or willfully engaged in circumvention, and to deny preferential tariff treatment to textile and apparel goods; and in par. (6) that the CITA is authorized to exercise the authority of the President under subtitle B of title III of the USSFTA Act to review requests and to determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to determine whether imports of a Singaporean textile or apparel article constitute a substantial cause of serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and to provide relief from imports of an article that is the subject of such a determination.]
Pub. L. 108–77, Sept. 3, 2003, 117 Stat. 909, as amended by Pub. L. 108–429, title II, §2004(d)(7), Dec. 3, 2004, 118 Stat. 2593, provided that:
“(a)
“(b)
“The purposes of this Act are—
“(1) to approve and implement the Free Trade Agreement between the United States and the Republic of Chile entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 [19 U.S.C. 3803(b)];
“(2) to strengthen and develop economic relations between the United States and Chile for their mutual benefit;
“(3) to establish free trade between the 2 nations through the reduction and elimination of barriers to trade in goods and services and to investment; and
“(4) to lay the foundation for further cooperation to expand and enhance the benefits of such Agreement.
“In this Act:
“(1)
“(2) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.
“(3)
“(a)
“(1) the United States-Chile Free Trade Agreement entered into on June 6, 2003, with the Government of Chile and submitted to the Congress on July 15, 2003; and
“(2) the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on July 15, 2003.
“(b)
“(a)
“(1)
“(2)
“(A) to amend or modify any law of the United States, or
“(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
“(b)
“(1)
“(2)
“(A) any law of a political subdivision of a State; and
“(B) any State law regulating or taxing the business of insurance.
“(c)
“(1) shall have any cause of action or defense under the Agreement or by virtue of Congressional approval thereof; or
“(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State on the ground that such action or inaction is inconsistent with the Agreement.
“(a)
“(1) the President has obtained advice regarding the proposed action from—
“(A) the appropriate advisory committees established under section 135 of the Trade Act of 1974 (19 U.S.C. 2155); and
“(B) the United States International Trade Commission;
“(2) the President has submitted a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth—
“(A) the action proposed to be proclaimed and the reasons therefor; and
“(B) the advice obtained under paragraph (1);
“(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met has expired; and
“(4) the President has consulted with such Committees regarding the proposed action during the period referred to in paragraph (3).
“(b)
“(a)
“(1)
“(A) the President may proclaim such actions, and
“(B) other appropriate officers of the United States Government may issue such regulations,
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force [Jan. 1, 2004] is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date of entry into force.
“(2)
“(b)
“(a)
“(b)
“(a)
“(b)
“(a)
“(b)
“(c)
“(a)
“(1)
“(A) such modifications or continuation of any duty,
“(B) such continuation of duty-free or excise treatment, or
“(C) such additional duties,
as the President determines to be necessary or appropriate to carry out or apply articles 3.3, 3.7, 3.9, article 3.20 (8), (9), (10), and (11), and Annex 3.3 of the Agreement.
“(2)
“(b)
“(1) such modifications or continuation of any duty,
“(2) such modifications as the United States may agree to with Chile regarding the staging of any duty treatment set forth in Annex 3.3 of the Agreement,
“(3) such continuation of duty-free or excise treatment, or
“(4) such additional duties,
as the President determines to be necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Chile provided for by the Agreement.
“(c)
“(1)
“(2)
“(A) If the difference between the unit import price and the trigger price is less than, or equal to, 10 percent of the trigger price, no additional duty shall be imposed.
“(B) If the difference between the unit import price and the trigger price is greater than 10 percent, but less than or equal to 40 percent, of the trigger price, the additional duty shall be equal to 30 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed.
“(C) If the difference between the unit import price and the trigger price is greater than 40 percent, but less than or equal to 60 percent, of the trigger price, the additional duty shall be equal to 50 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed.
“(D) If the difference between the unit import price and the trigger price is greater than 60 percent, but less than or equal to 75 percent, of the trigger price, the additional duty shall be equal to 70 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed.
“(E) If the difference between the unit import price and the trigger price is greater than 75 percent of the trigger price, the additional duty shall be equal to 100 percent of the difference between the preferential tariff rate and the column 1 general rate of duty imposed under the HTS on like articles at the time the additional duty is imposed.
“(3)
“(A) subtitle A of title III of this Act; or
“(B) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
“(4)
“(5)
“(6)
“(7)
“(8)
“(A)
“(i) that qualifies as an originating good under section 202;
“(ii) that is included in the United States Agricultural Safeguard Product List set forth in Annex 3.18 of the Agreement; and
“(iii) for which a claim for preferential tariff treatment under the Agreement has been made.
“(B) F.O.B.—The term ‘F.O.B.’ means free on board, regardless of the mode of transportation, at the point of direct shipment by the seller to the buyer.
“(C)
“(d)
“(a)
“(1)
“(A) the good is wholly obtained or produced entirely in the territory of Chile, the United States, or both;
“(B) the good—
“(i) is produced entirely in the territory of Chile, the United States, or both, and
“(I) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in Annex 4.1 of the Agreement, or
“(II) the good otherwise satisfies any applicable regional value-content or other requirements specified in Annex 4.1 of the Agreement; and
“(ii) satisfies all other applicable requirements of this section; or
“(C) the good is produced entirely in the territory of Chile, the United States, or both, exclusively from materials described in subparagraph (A) or (B).
“(2)
“(A) simple combining or packaging operations; or
“(B) mere dilution with water or another substance that does not materially alter the characteristics of the good or material.
“(b)
“(1)
“(A) the value of all nonoriginating materials that are used in the production of the good and do not undergo the applicable change in tariff classification does not exceed 10 percent of the adjusted value of the good;
“(B) the value of such nonoriginating materials is included in the value of nonoriginating materials for any applicable regional value-content requirement; and
“(C) the good meets all other applicable requirements of this section.
“(2)
“(A) A nonoriginating material provided for in chapter 4 of the HTS, or a nonoriginating dairy preparation containing over 10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90 of the HTS, that is used in the production of a good provided for in chapter 4 of the HTS.
“(B) A nonoriginating material provided for in chapter 4 of the HTS, or nonoriginating dairy preparations containing over 10 percent by weight of milk solids provided for in subheading 1901.90 of the HTS, that are used in the production of the following goods:
“(i) Infant preparations containing over 10 percent in weight of milk solids provided for in subheading 1901.10 of the HTS.
“(ii) Mixes and doughs, containing over 25 percent by weight of butterfat, not put up for retail sale, provided for in subheading 1901.20 of the HTS.
“(iii) Dairy preparations containing over 10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90 of the HTS.
“(iv) Goods provided for in heading 2105 of the HTS.
“(v) Beverages containing milk provided for in subheading 2202.90 of the HTS.
“(vi) Animal feeds containing over 10 percent by weight of milk solids provided for in subheading 2309.90 of the HTS.
“(C) A nonoriginating material provided for in heading 0805 of the HTS, or any of subheadings 2009.11.00 through 2009.39 of the HTS, that is used in the production of a good provided for in any of subheadings 2009.11.00 through 2009.39 of the HTS, or in fruit or vegetable juice of any single fruit or vegetable, fortified with minerals or vitamins, concentrated or unconcentrated, provided for in subheading 2106.90 or 2202.90 of the HTS.
“(D) A nonoriginating material provided for in chapter 15 of the HTS that is used in the production of a good provided for in any of headings 1501.00.00 through 1508, 1512, 1514, and 1515 of the HTS.
“(E) A nonoriginating material provided for in heading 1701 of the HTS that is used in the production of a good provided for in any of headings 1701 through 1703 of the HTS.
“(F) A nonoriginating material provided for in chapter 17 of the HTS or in heading 1805.00.00 of the HTS that is used in the production of a good provided for in subheading 1806.10 of the HTS.
“(G) A nonoriginating material provided for in any of headings 2203 through 2208 of the HTS that is used in the production of a good provided for in heading 2207 or 2208 of the HTS.
“(H) A nonoriginating material used in the production of a good provided for in any of chapters 1 through 21 of the HTS, unless the nonoriginating material is provided for in a different subheading than the good for which origin is being determined under this section.
“(3)
“(A)
“(B)
“(c)
“(1)
“(2)
“(d)
“(1)
“(2)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i) The term ‘RVC’ means the regional value-content, expressed as a percentage.
“(ii) The term ‘AV’ means the adjusted value.
“(iii) The term ‘VNM’ means the value of nonoriginating materials used by the producer in the production of the good.
“(3)
“(A)
= | �0A | 100 | ||||
---|---|---|---|---|---|---|
“(B)
“(i) The term ‘RVC’ means the regional value-content, expressed as a percentage.
“(ii) The term ‘AV’ means the adjusted value.
“(iii) The term ‘VOM’ means the value of originating materials used by the producer in the production of the good.
“(e)
“(1)
“(A) in the case of a material that is imported by the producer of the good, the adjusted value of the material with respect to that importation;
“(B) in the case of a material acquired in the territory in which the good is produced, except for a material to which subparagraph (C) applies, the producer's price actually paid or payable for the material;
“(C) in the case of a material provided to the producer without charge, or at a price reflecting a discount or similar reduction, the sum of—
“(i) all expenses incurred in the growth, production, or manufacture of the material, including general expenses; and
“(ii) an amount for profit; or
“(D) in the case of a material that is self-produced, the sum of—
“(i) all expenses incurred in the production of the material, including general expenses; and
“(ii) an amount for profit.
“(2)
“(A)
“(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material to the location of the producer.
“(ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Chile, the United States, or both, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
“(iii) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or byproduct.
“(B)
“(i) The costs of freight, insurance, packing, and all other costs incurred in transporting the material to the location of the producer.
“(ii) Duties, taxes, and customs brokerage fees on the material paid in the territory of Chile, the United States, or both, other than duties and taxes that are waived, refunded, refundable, or otherwise recoverable, including credit against duty or tax paid or payable.
“(iii) The cost of waste and spoilage resulting from the use of the material in the production of the good, less the value of renewable scrap or byproducts.
“(iv) The cost of originating materials used in the production of the nonoriginating material in the territory of Chile or the United States.
“(f)
“(1) the accessories, spare parts, or tools are classified with and not invoiced separately from the good; and
“(2) the quantities and value of the accessories, spare parts, or tools are customary for the good.
“(g)
“(1)
“(A)
“(B)
“(i) averaging;
“(ii) ‘last-in, first-out’;
“(iii) ‘first-in, first-out’; or
“(iv) any other method—
“(I) recognized in the generally accepted accounting principles of the country in which the production is performed (whether Chile or the United States); or
“(II) otherwise accepted by that country.
“(2)
“(h)
“(i)
“(1) the nonoriginating materials used in the production of the good undergo an applicable change in tariff classification set out in Annex 4.1 of the Agreement; and
“(2) the good satisfies a regional value-content requirement.
“(j)
“(k)
“(l)
“(m)
“(1) The basis for any tariff classification is the HTS.
“(2) Any cost or value referred to in this section shall be recorded and maintained in accordance with the generally accepted accounting principles applicable in the territory of the country in which the good is produced (whether Chile or the United States).
“(n)
“(1)
“(2)
“(3)
“(4)
“(A) mineral goods extracted in the territory of Chile, the United States, or both;
“(B) vegetable goods, as such goods are defined in the Harmonized System, harvested in the territory of Chile, the United States, or both;
“(C) live animals born and raised in the territory of Chile, the United States, or both;
“(D) goods obtained from hunting, trapping, or fishing in the territory of Chile, the United States, or both;
“(E) goods (fish, shellfish, and other marine life) taken from the sea by vessels registered or recorded with Chile or the United States and flying the flag of that country;
“(F) goods produced on board factory ships from the goods referred to in subparagraph (E), if such factory ships are registered or recorded with Chile or the United States and fly the flag of that country;
“(G) goods taken by Chile or the United States or a person of Chile or the United States from the seabed or beneath the seabed outside territorial waters, if Chile or the United States has rights to exploit such seabed;
“(H) goods taken from outer space, if the goods are obtained by Chile or the United States or a person of Chile or the United States and not processed in the territory of a country other than Chile or the United States;
“(I) waste and scrap derived from—
“(i) production in the territory of Chile, the United States, or both; or
“(ii) used goods collected in the territory of Chile, the United States, or both, if such goods are fit only for the recovery of raw materials;
“(J) recovered goods derived in the territory of Chile or the United States from used goods, and used in the territory of that country in the production of remanufactured goods; and
“(K) goods produced in the territory of Chile, the United States, or both, exclusively—
“(i) from goods referred to in any of subparagraphs (A) through (I), or
“(ii) from the derivatives of goods referred to in clause (i),
at any stage of production.
“(5)
“(6)
“(A) fuel and energy;
“(B) tools, dies, and molds;
“(C) spare parts and materials used in the maintenance of equipment or buildings;
“(D) lubricants, greases, compounding materials, and other materials used in production or used to operate equipment or buildings;
“(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;
“(F) equipment, devices, and supplies used for testing or inspecting the good;
“(G) catalysts and solvents; and
“(H) any other goods that are not incorporated into the good but the use of which in the production of the good can reasonably be demonstrated to be a part of that production.
“(7)
“(8)
“(9)
“(10)
“(11)
“(12)
“(13)
“(14)
“(A)
“(i) the complete disassembly of used goods into individual parts; and
“(ii) the cleaning, inspecting, testing, or other processing of those parts as necessary for improvement to sound working condition by one or more of the processes described in subparagraph (B), in order for such parts to be assembled with other parts, including other parts that have undergone the processes described in this paragraph, in the production of a remanufactured good.
“(B)
“(15)
“(A) is entirely or partially comprised of recovered goods;
“(B) has the same life expectancy and meets the same performance standards as a new good; and
“(C) enjoys the same factory warranty as such a new good.
“(o)
“(1)
“(A) the provisions set out in Annex 4.1 of the Agreement; and
“(B) any additional subordinate category necessary to carry out this title consistent with the Agreement.
“(2)
“(A)
“(B)
“(i) modifications to the provisions proclaimed under the authority of paragraph (1)(A) that are necessary to implement an agreement with Chile pursuant to article 3.20(5) of the Agreement; and
“(ii) before the 1st anniversary of the date of the enactment of this Act, modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 of the HTS, as included in Annex 4.1 of the Agreement.
“(a)
“(1) A good entered under bond for transportation and exportation to Chile.
“(2)(A) A good exported to Chile in the same condition as when imported into the United States.
“(B) For purposes of subparagraph (A)—
“(i) processes such as testing, cleaning, repacking, inspecting, sorting, or marking a good, or preserving it in its same condition, shall not be considered to change the condition of the good; and
“(ii) if a good described in subparagraph (A) is commingled with fungible goods and exported in the same condition, the origin of the good for the purposes of subsection (j)(1) of section 313 of the Tariff Act of 1930 (19 U.S.C. 1313(j)(1)) may be determined on the basis of the inventory methods provided for in the regulations implementing this title.
“(3) A good—
“(A) that is—
“(i) deemed to be exported from the United States;
“(ii) used as a material in the production of another good that is deemed to be exported to Chile; or
“(iii) substituted for by a good of the same kind and quality that is used as a material in the production of another good that is deemed to be exported to Chile; and
“(B) that is delivered—
“(i) to a duty-free shop;
“(ii) for ship's stores or supplies for a ship or aircraft; or
“(iii) for use in a project undertaken jointly by the United States and Chile and destined to become the property of the United States.
“(4) A good exported to Chile for which a refund of customs duties is granted by reason of—
“(A) the failure of the good to conform to sample or specification; or
“(B) the shipment of the good without the consent of the consignee.
“(5) A good that qualifies under the rules of origin set out in section 202 that is—
“(A) exported to Chile;
“(B) used as a material in the production of another good that is exported to Chile; or
“(C) substituted for by a good of the same kind and quality that is used as a material in the production of another good that is exported to Chile.
“(b)
“(1)
“(2)
“(3)
“(4)
“(5)
“(c)
[Amended section 58c of this title.]
“(a)
“(b)
[Amended section 1520 of this title.]
[Amended section 1508 of this title.]
“(a)
“(1) an exporter or producer in Chile is complying with applicable customs laws, regulations, and procedures regarding trade in textile and apparel goods, or
“(2) claims that textile or apparel goods exported or produced by such exporter or producer—
“(A) qualify as originating goods under section 202 of this Act, or
“(B) are goods of Chile,
are accurate,
the President may direct the Secretary to take appropriate action described in subsection (b) while the verification is being conducted.
“(b)
“(1) suspension of liquidation of entries of textile and apparel goods exported or produced by the person that is the subject of the verification, in a case in which the request for verification was based on a reasonable suspicion of unlawful activity related to such goods; and
“(2) publication of the name of the person that is the subject of the verification.
“(c)
“(d)
“(1) publication of the identity of the person that is the subject of the verification;
“(2) denial of preferential tariff treatment under the Agreement to any textile or apparel goods exported or produced by the person that is the subject of the verification; and
“(3) denial of entry into the United States of any textile or apparel goods exported or produced by the person that is the subject of the verification.
[Amended section 1508 of this title.]
“The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
“(1) subsections (a) through (n) of section 202, and sections 203 and 204;
“(2) amendments made by the sections referred to in paragraph (1); and
“(3) proclamations issued under section 202(o).
“In this title:
“(1)
“(2)
“(3)
“(A) that is listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); and
“(B) that is a Chilean article.
“(a)
“(b)
“(c)
“(1) Paragraphs (1)(B) and (3) of subsection (b).
“(2) Subsection (c).
“(3) Subsection (i).
“(d)
“(a)
“(b)
“(c)
“(d)
“(1) the determination made under subsection (a) and an explanation of the basis for the determination;
“(2) if the determination under subsection (a) is affirmative, any findings and recommendations for import relief made under subsection (c) and an explanation of the basis for each recommendation; and
“(3) any dissenting or separate views by members of the Commission regarding the determination and recommendation referred to in paragraphs (1) and (2).
“(e)
“(a)
“(b)
“(c)
“(1)
“(A) The suspension of any further reduction provided for under Annex 3.3 of the Agreement in the duty imposed on such article.
“(B) An increase in the rate of duty imposed on such article to a level that does not exceed the lesser of—
“(i) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(ii) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2004].
“(2)
“(d)
“(1)
“(2)
“(A)
“(i) the import relief continues to be necessary to remedy or prevent serious injury and to facilitate adjustment; and
“(ii) there is evidence that the industry is making a positive adjustment to import competition.
“(B)
“(ii) The Commission shall publish notice of the commencement of any proceeding under this subparagraph in the Federal Register and shall, within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise to be heard.
“(iii) The Commission shall transmit to the President a report on its investigation and determination under this subparagraph not later than 60 days before the action under subsection (a) is to terminate, unless the President specifies a different date.
“(e)
“(1) the rate of duty on that article after such termination and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule of the United States in Annex 3.3 of the Agreement for the staged elimination of the tariff, would have been in effect 1 year after the provision of relief under subsection (a); and
“(2) the rate of duty for that article after December 31 of the year in which termination occurs shall be, at the discretion of the President, either—
“(A) the applicable rate of duty for that article set out in the Schedule of the United States in Annex 3.3 of the Agreement; or
“(B) the rate of duty resulting from the elimination of the tariff in equal annual stages ending on the date set out in the United States Schedule in Annex 3.3 of the Agreement for the elimination of the tariff.
“(f)
“(a)
“(b)
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 313 shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
[Amended section 2252 of this title.]
“(a)
“(b)
“(a)
“(1)
“(2)
“(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
“(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
“(b)
“(1)
“(2)
“(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
“(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force [Jan. 1, 2004].
“(a)
“(b)
“(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment; and
“(2) there is evidence that the industry is making a positive adjustment to import competition.
“The President may not provide import relief under this subtitle with respect to any article if import relief previously has been provided under this subtitle with respect to that article.
“When import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be duty-free.
“No import relief may be provided under this subtitle with respect to any article after the date that is 8 years after the date on which duties on the article are eliminated pursuant to the Agreement.
“For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this subtitle shall be treated as action taken under chapter 1 of title II of that Act [19 U.S.C. 2251 et seq.].
“The President may not release information which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the President, or such party subsequently consents to the release of the information. To the extent business confidential information is provided, a nonconfidential version of the information shall also be provided, in which the business confidential information is summarized or, if necessary, deleted.
“Upon a basis of reciprocity secured by the Agreement, an alien who is a national of Chile (and any spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))) of such alien, if accompanying or following to join the alien) may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in clause (i) or (ii) of such section 101(a)(15)(E). For purposes of this section, the term ‘national’ has the meaning given such term in article 14.9 of the Agreement.
“(a)
“(1)
“(2)
“(b)
“(c)
“(d)
“(1)
“(2)
[Amended section 1184 of Title 8.]
[Amended section 1184 of Title 8.]
[The Harmonized Tariff Schedule of the United States is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.]
[Proc. No. 7746, Dec. 30, 2003, 68 F.R. 75790, provided in par. (3) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Chile Free Trade Agreement Implementation Act (USCFTA Act) (Pub. L. 108–77, set out above) to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section; in par. (4) that the Committee for the Implementation of Textile Agreements (CITA) is authorized to exercise the authority of the President under section 208 of the USCFTA Act with respect to verifications conducted in a manner consistent with article 3.21 of the United States-Chile Free Trade Agreement; and in par. (5) that the CITA is authorized to exercise the authority of the President under subtitle B of title III of the USCFTA Act to review requests and to determine whether to commence consideration of such requests, to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment, to determine whether a Chilean textile or apparel article is being imported into the United States in such increased quantities and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article, and to provide relief from imports of an article that is the subject of such a determination.]
Notwithstanding the prenegotiation notification and consultation requirement described in section 3804(a) of this title, if an agreement to which section 3803(b) of this title applies—
(1) is entered into under the auspices of the World Trade Organization,
(2) is entered into with Chile,
(3) is entered into with Singapore, or
(4) establishes a Free Trade Area for the Americas,
and results from negotiations that were commenced before August 6, 2002, subsection (b) of this section shall apply.
In the case of any agreement to which subsection (a) of this section applies—
(1) the applicability of the trade authorities procedures to implementing bills shall be determined without regard to the requirements of section 3804(a) of this title (relating only to 90 days notice prior to initiating negotiations), and any procedural disapproval resolution under section 3805(b)(1)(B) of this title shall not be in order on the basis of a failure or refusal to comply with the provisions of section 3804(a) of this title; and
(2) the President shall, as soon as feasible after August 6, 2002—
(A) notify the Congress of the negotiations described in subsection (a) of this section, the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and
(B) before and after submission of the notice, consult regarding the negotiations with the committees referred to in section 3804(a)(2) of this title and the Congressional Oversight Group convened under section 3807 of this title.
(Pub. L. 107–210, div. B, title XXI, §2106, Aug. 6, 2002, 116 Stat. 1016.)
For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
By not later than 60 days after August 6, 2002, and not later than 30 days after the convening of each Congress, the chairman of the Committee on Ways and Means of the House of Representatives and the chairman of the Committee on Finance of the Senate shall convene the Congressional Oversight Group.
In each Congress, the Congressional Oversight Group shall be comprised of the following Members of the House of Representatives:
(A) The chairman and ranking member of the Committee on Ways and Means, and 3 additional members of such Committee (not more than 2 of whom are members of the same political party).
(B) The chairman and ranking member, or their designees, of the committees of the House of Representatives which would have, under the Rules of the House of Representatives, jurisdiction over provisions of law affected by a trade agreement negotiations for which are conducted at any time during that Congress and to which this chapter would apply.
In each Congress, the Congressional Oversight Group shall also be comprised of the following members of the Senate:
(A) The chairman and ranking member of the Committee on Finance and 3 additional members of such Committee (not more than 2 of whom are members of the same political party).
(B) The chairman and ranking member, or their designees, of the committees of the Senate which would have, under the Rules of the Senate, jurisdiction over provisions of law affected by a trade agreement negotiations for which are conducted at any time during that Congress and to which this chapter would apply.
Each member of the Congressional Oversight Group described in paragraphs (2)(A) and (3)(A) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in negotiations for any trade agreement to which this chapter applies. Each member of the Congressional Oversight Group described in paragraphs (2)(B) and (3)(B) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in the negotiations by reason of which the member is in the Congressional Oversight Group. The Congressional Oversight Group shall consult with and provide advice to the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the development of the applicable trade agreement, and compliance and enforcement of the negotiated commitments under the trade agreement.
The Congressional Oversight Group shall be chaired by the Chairman of the Committee on Ways and Means of the House of Representatives and the Chairman of the Committee on Finance of the Senate.
The United States Trade Representative, in consultation with the chairmen and ranking minority members of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate—
(A) shall, within 120 days after August 6, 2002, develop written guidelines to facilitate the useful and timely exchange of information between the Trade Representative and the Congressional Oversight Group convened under this section; and
(B) may make such revisions to the guidelines as may be necessary from time to time.
The guidelines developed under paragraph (1) shall provide for, among other things—
(A) regular, detailed briefings of the Congressional Oversight Group regarding negotiating objectives, including the promotion of certain priorities referred to in section 3802(c) of this title, and positions and the status of the applicable negotiations, beginning as soon as practicable after the Congressional Oversight Group is convened, with more frequent briefings as trade negotiations enter the final stage;
(B) access by members of the Congressional Oversight Group, and staff with proper security clearances, to pertinent documents relating to the negotiations, including classified materials;
(C) the closest practicable coordination between the Trade Representative and the Congressional Oversight Group at all critical periods during the negotiations, including at negotiation sites;
(D) after the applicable trade agreement is concluded, consultation regarding ongoing compliance and enforcement of negotiated commitments under the trade agreement; and
(E) the time frame for submitting the report required under section 3802(c)(8) of this title.
Upon the request of a majority of the Congressional Oversight Group, the President shall meet with the Congressional Oversight Group before initiating negotiations with respect to a trade agreement, or at any other time concerning the negotiations.
(Pub. L. 107–210, div. B, title XXI, §2107, Aug. 6, 2002, 116 Stat. 1017; Pub. L. 109–280, title XIV, §1635(f)(6), Aug. 17, 2006, 120 Stat. 1171.)
2006—Subsec. (a)(4). Pub. L. 109–280 substituted “paragraphs” for “paragraph” in two places.
Amendment by Pub. L. 109–280 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title.
For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
At the time the President submits to the Congress the final text of an agreement pursuant to section 3805(a)(1)(C) of this title, the President shall also submit a plan for implementing and enforcing the agreement. The implementation and enforcement plan shall include the following:
A description of additional personnel required at border entry points, including a list of additional customs and agricultural inspectors.
A description of additional personnel required by Federal agencies responsible for monitoring and implementing the trade agreement, including personnel required by the Office of the United States Trade Representative, the Department of Commerce, the Department of Agriculture (including additional personnel required to implement sanitary and phytosanitary measures in order to obtain market access for United States exports), the Department of the Treasury, and such other agencies as may be necessary.
A description of the additional equipment and facilities needed by the United States Customs Service.
A description of the impact the trade agreement will have on State and local governments as a result of increases in trade.
An analysis of the costs associated with each of the items listed in paragraphs (1) through (4).
The President shall include a request for the resources necessary to support the plan described in subsection (a) of this section in the first budget that the President submits to the Congress after the submission of the plan.
(Pub. L. 107–210, div. B, title XXI, §2108, Aug. 6, 2002, 116 Stat. 1018.)
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
For delegation of functions of President under this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
The grant of trade promotion authority under this chapter is likely to increase the activities of the primary committees of jurisdiction in the area of international trade. In addition, the creation of the Congressional Oversight Group under section 3807 of this title will increase the participation of a broader number of Members of Congress in the formulation of United States trade policy and oversight of the international trade agenda for the United States. The primary committees of jurisdiction should have adequate staff to accommodate these increases in activities.
(Pub. L. 107–210, div. B, title XXI, §2109, Aug. 6, 2002, 116 Stat. 1019.)
For purposes of applying sections 2135, 2136, and 2137 of this title—
(1) any trade agreement entered into under section 3803 of this title shall be treated as an agreement entered into under section 2111 or 2112 of this title, as appropriate; and
(2) any proclamation or Executive order issued pursuant to a trade agreement entered into under section 3803 of this title shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 2112 of this title.
(Pub. L. 107–210, div. B, title XXI, §2110(b), Aug. 6, 2002, 116 Stat. 1020.)
Section 2137 of this title, referred to in text, was in the original a reference to section 127 of the Trade Act of 1974, Pub. L. 93–618, which enacted section 2137 of this title and amended section 1862 of this title.
Not later than 1 year after August 6, 2002, the International Trade Commission shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding the economic impact on the United States of the trade agreements described in subsection (b) of this section.
The trade agreements described in this subsection are the following:
(1) The United States-Israel Free Trade Agreement.
(2) The United States-Canada Free Trade Agreement.
(3) The North American Free Trade Agreement.
(4) The Uruguay Round Agreements.
(5) The Tokyo Round of Multilateral Trade Negotiations.
(Pub. L. 107–210, div. B, title XXI, §2111, Aug. 6, 2002, 116 Stat. 1021.)
The Assistant United States Trade Representative for Industry and Telecommunications shall be responsible for ensuring that the interests of small business are considered in all trade negotiations in accordance with the objective described in section 3802(a)(8) of this title. It is the sense of the Congress that the small business functions should be reflected in the title of the Assistant United States Trade Representative assigned the responsibility for small business.
(Pub. L. 107–210, div. B, title XXI, §2112, Aug. 6, 2002, 116 Stat. 1021.)
In this chapter:
The term “Agreement on Agriculture” means the agreement referred to in section 3511(d)(2) of this title.
The term “Agreement on Safeguards 1 means the agreement referred to in section 3511(d)(13) of this title.
The term “Agreement on Subsidies and Countervailing Measures” means the agreement referred to in section 3511(d)(12) of this title.
The term “Antidumping Agreement“ 2 means the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(7) of this title.
The term “Appellate Body” means the Appellate Body established under Article 17.1 of the Dispute Settlement Understanding.
The term “core labor standards” means—
(A) the right of association;
(B) the right to organize and bargain collectively;
(C) a prohibition on the use of any form of forced or compulsory labor;
(D) a minimum age for the employment of children; and
(E) acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health.
The term “Dispute Settlement Understanding” means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 3511(d)(16) of this title.
The term “GATT 1994” has the meaning given that term in section 3501 of this title.
The term “ILO” means the International Labor Organization.
The term “import sensitive agricultural product” means an agricultural product—
(A) with respect to which, as a result of the Uruguay Round Agreements the rate of duty was the subject of tariff reductions by the United States and, pursuant to such Agreements, was reduced on January 1, 1995, to a rate that was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994; or
(B) which was subject to a tariff-rate quota on August 6, 2002.
The term “United States person” means—
(A) a United States citizen;
(B) a partnership, corporation, or other legal entity organized under the laws of the United States; and
(C) a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both.
The term “Uruguay Round Agreements” has the meaning given that term in section 3501(7) of this title.
The terms “World Trade Organization” and “WTO” mean the organization established pursuant to the WTO Agreement.
The term “WTO Agreement” means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.
The term “WTO member” has the meaning given that term in section 3501(10) of this title.
(Pub. L. 107–210, div. B, title XXI, §2113, Aug. 6, 2002, 116 Stat. 1021; Pub. L. 108–429, title II, §2004(a)(19), Dec. 3, 2004, 118 Stat. 2591.)
2004—Pars. (2), (3). Pub. L. 108–429 redesignated second par. (2), relating to Agreement on Subsidies and Countervailing Measures, as (3), substituted “3511(d)(12)” for “3511(d)(13)”, and in par. (2) relating to Agreement on Safeguards, substituted “3511(d)(13)” for “3511(d)(12)”.
1 So in original. Probably should be followed by closing quotation marks.
2 So in original. Probably should be closing quotation marks.