§3805. Implementation of trade agreements
(a) In general
(1) Notification and submission
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.
(2) Supporting information
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.
(3) Reciprocal benefits
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.
(4) Disclosure of commitments
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.
(b) Limitations on trade authorities procedures
(1) For lack of notice or consultations
(A) In general
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.
(B) Procedural disapproval resolution
(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.
(2) Procedures for considering resolutions
(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.
(3) For failure to meet other requirements
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.
(c) Rules of House of Representatives and Senate
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.)
Editorial Notes
References in Text
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.
Amendments
2004—Subsec. (c). Pub. L. 108–429 substituted "and" for "aand" in introductory provisions.
Statutory Notes and Related Subsidiaries
United States–Panama Trade Promotion Agreement Implementation Act
Pub. L. 112–43, Oct. 21, 2011, 125 Stat. 497, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"The purposes of this Act are—
"(1) to approve and implement the free trade agreement between the United States and Panama 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 Panama for their mutual benefit;
"(3) to establish free trade between the United States and Panama 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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.
"(4)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(a)
"(1) the United States–Panama Trade Promotion Agreement entered into on June 28, 2007, with the Government of Panama and submitted to Congress on October 3, 2011; and
"(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on October 3, 2011.
"(b)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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 [Oct. 31, 2012] 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)
"SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"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).
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. ARBITRATION OF CLAIMS.
"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.
"SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(1)
"(2)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and Annex 3.3, of the Agreement.
"(2)
"(3)
"(A)
"(B)
"(i) sections 771(7)(G)(ii)(III) and 771(7)(H) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(G)(ii)(III) and 1677(7)(H));
"(ii) the duty-free treatment provided under paragraph 4 of the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement; and
"(iii) section 274(h)(6)(B) of the Internal Revenue Code of 1986 [26 U.S.C. 274(h)(6)(B)].
"(b)
"(1) such modifications or continuation of any duty,
"(2) such modifications as the United States may agree to with Panama 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 Panama provided for by the Agreement.
"(c)
"(d)
"SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
"(a)
"(1)
"(A) the base rate in the Schedule of the United States to Annex 3.3 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 [Oct. 31, 2012], 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)
"(A) that is included in the Schedule of the United States to Annex 3.17 of the Agreement;
"(B) that qualifies as an originating good under section 203; and
"(C) for which a claim for preferential tariff treatment under the Agreement has been made.
"(3)
"(4)
"(A)
"(i) in the case of a safeguard good 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—
"(I) in year 1 of the Agreement, 330 metric tons; and
"(II) in year 2 of the Agreement through year 14 of the Agreement, a quantity equal to 110 percent of the trigger level for that safeguard good for the preceding calendar year; and
"(ii) in the case of any other safeguard good, 115 percent of the quantity that is provided for that safeguard good in the corresponding calendar year in the applicable table contained in Appendix I to the General Notes to the Schedule of the United States to Annex 3.3 of the Agreement.
"(B)
"(5)
"(6)
"(b)
"(1)
"(2)
"(A) in the case of a good 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—
"(i) in year 1 of the Agreement through year 6 of the Agreement, an amount equal to 100 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and
"(ii) in year 7 of the Agreement through year 14 of the Agreement, an amount equal to 50 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty;
"(B) in the case of a good classified under subheading 0406.10.08, 0406.10.88, 0406.20.91, 0406.30.91, 0406.90.97, or 2105.00.20 of the HTS—
"(i) in year 1 of the Agreement through year 11 of the Agreement, an amount equal to 100 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and
"(ii) in year 12 of the Agreement through year 14 of the Agreement, an amount equal to 50 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and
"(C) in the case of any other safeguard good—
"(i) in year 1 of the Agreement through year 13 of the Agreement, an amount equal to 100 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and
"(ii) in year 14 of the Agreement through year 16 of the Agreement, 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)
"SEC. 203. RULES OF ORIGIN.
"(a)
"(1)
"(2)
"(3)
"(b)
"(1) the good is a good wholly obtained or produced entirely in the territory of Panama, the United States, or both;
"(2) the good—
"(A) is produced entirely in the territory of Panama, 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
"(B) satisfies all other applicable requirements of this section; or
"(3) the good is produced entirely in the territory of Panama, the United States, or both, exclusively from materials described in paragraph (1) or (2).
"(c)
"(1)
"(2)
"(A)
| = | × | 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)
| = | × | 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)
| = | × | 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 Panama or the United States.
"(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 Panama 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 Panama 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 Panama 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 net cost 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 Panama 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 Panama, 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 Panama, 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 Panama, 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 Panama, 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 Panama, the United States, or both.
"(e)
"(1)
"(2)
"(f)
"(1)
"(A) 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;
"(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, 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 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 heading 1006 that is used in the production of a good provided for in heading 1102 or 1103 or subheading 1904.90.
"(F) A nonoriginating material provided for in chapter 15 that is used in the production of a good provided for in chapter 15.
"(G) 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.
"(H) A nonoriginating material provided for in chapter 17 that is used in the production of a good provided for in subheading 1806.10.
"(I) Except as provided in subparagraphs (A) through (H) 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.
"(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 February 12, 2011).
"(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 Panama 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 Panama 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 Panama or the United States; or
"(2) does not remain under the control of customs authorities in the territory of a country other than Panama 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 goods, other than textile or apparel goods, 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)
"(A) means the recognized consensus or substantial authoritative support given in the territory of Panama or the United States, as the case may be, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements; and
"(B) may encompass broad guidelines for general application as well as detailed standards, practices, and procedures.
"(5)
"(A) Plants and plant products harvested or gathered in the territory of Panama, the United States, or both.
"(B) Live animals born and raised in the territory of Panama, the United States, or both.
"(C) Goods obtained in the territory of Panama, the United States, or both from live animals.
"(D) Goods obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of Panama, 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 Panama, the United States, or both.
"(F) Fish, shellfish, and other marine life taken from the sea, seabed, or subsoil outside the territory of Panama or the United States by—
"(i) a vessel that is registered or recorded with Panama and flying the flag of Panama; 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 Panama and flies the flag of Panama; or
"(ii) is a vessel that is documented under the laws of the United States.
"(H)(i) Goods taken by Panama or a person of Panama from the seabed or subsoil outside the territorial waters of Panama, if Panama 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 Panama or the United States or a person of Panama or the United States and not processed in the territory of a country other than Panama or the United States.
"(J) Waste and scrap derived from—
"(i) manufacturing or processing operations in the territory of Panama, the United States, or both; or
"(ii) used goods collected in the territory of Panama, 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 Panama, the United States, or both from used goods, and used in the territory of Panama, the United States, or both, in the production of remanufactured goods.
"(L) Goods, at any stage of production, produced in the territory of Panama, 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 good that is 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)
"(22)
"(o)
"(1)
"(A) the provisions set forth in 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)
"(ii)
"(C)
"(i)
"(ii)
"(I) the fabric, yarn, or fiber is available in commercial quantities in a timely manner in Panama or the United States; or
"(II) any interested entity objects to the request.
"(iii)
"(I) the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in Panama and the United States; or
"(II) no interested entity has objected to the request.
"(iv)
"(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)
"(vi)
"(D)
"(i) 45 days after the date on which the request is submitted; or
"(ii) 60 days after the date on which the request is submitted, if the President made a determination under subparagraph (C)(iv)(II).
"(E)
"(i)
"(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)
"(iii)
"(iv)
"(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).
"SEC. 204. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT.
"(a)
"(b)
"SEC. 206. RELIQUIDATION OF ENTRIES.
[Amended section 1520 of this title.]
"SEC. 207. RECORDKEEPING REQUIREMENTS.
[Amended section 1508 of this title.]
"SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR APPAREL GOODS.
"(a)
"(1)
"(2)
"(A) an enterprise in Panama 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 enterprise—
"(i) qualifies as an originating good under section 203, or
"(ii) is a good of Panama,
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 of the Treasury 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 of the Treasury 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 intentional 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, the textile or apparel goods that are the subject of a verification under subsection (a)(1).
"SEC. 209. REGULATIONS.
"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(
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"In this title:
"(1)
"(2)
"Subtitle A—Relief From Imports Benefitting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(a)
"(b)
"(c)
"(1) Paragraphs (1)(B) and (3) of subsection (b).
"(2) Subsection (c).
"(3) Subsection (i).
"(d)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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 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 [Oct. 31, 2012].
"(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)
"(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 3.3 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 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 forth in the Schedule of the United States to Annex 3.3 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.
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"SEC. 315. COMPENSATION AUTHORITY.
"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.).
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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, no one of which is necessarily decisive; and
"(B) shall not consider changes in consumer preference or changes in technology as factors supporting a determination of serious damage or actual threat thereof.
"(3)
"(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 [Oct. 31, 2012].
"SEC. 323. PERIOD OF RELIEF.
"(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.
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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.).
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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 [Oct. 31, 2012].
"SEC. 327. COMPENSATION AUTHORITY.
"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.).
"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.
"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.
"Subtitle C—Cases Under Title II of the Trade Act of 1974
"SEC. 331. FINDINGS AND ACTION ON PANAMANIAN ARTICLES.
"(a)
"(b)
"TITLE IV—MISCELLANEOUS
"SEC. 401. ELIGIBLE PRODUCTS.
[Amended section 2518 of this title.]
"SEC. 402. MODIFICATION TO THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT.
"(a)
"(b)
"TITLE V—OFFSETS
"SEC. 501. EXTENSION OF CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 502. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
"Notwithstanding section 6655 of the Internal Revenue Code of 1986 [26 U.S.C. 6655], in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)—
"(1) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2012 shall be increased by 0.25 percent of such amount (determined without regard to any increase in such amount not contained in such Code);
"(2) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2016 shall be increased by 0.25 percent of such amount (determined without regard to any increase in such amount not contained in such Code); and
"(3) the amount of the next required installment after an installment referred to in paragraph (1) or (2) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph."
[Section 502 of Pub. L. 112–43, set out above, and any modification of such provision, not applicable with respect to any installment of corporate income tax, see section 7001 of Pub. L. 112–96, set out as a note under section 6655 of Title 26, Internal Revenue Code.]
[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. 8894, Oct. 29, 2012, 77 F.R. 66507, 78 F.R. 2193, 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-Panama Trade Promotion Agreement Implementation Act (Implementation Act) (Pub. L. 112–43, 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 203(o)(4) 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 Panama and the United States, 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 Panama and the United States to the list in Annex 3.25 (not set out in the Code) of the Agreement, or to remove from the list in Annex 3.25 of the Agreement any fabric, yarn, or fiber that the President has previously added to that list; in par. (6) that the CITA is authorized to exercise the authority of the President under section 208 of the Implementation Act to direct the exclusion of certain textile and apparel goods from the customs territory of the United States and to direct the denial of preferential tariff treatment to textile and apparel goods; in par. (7) 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, after an appropriate determination, 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 Panamanian 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 an affirmative determination as to damage or threat; and in par. (8) that the United States Trade Representative 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 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.]
United States–Colombia Trade Promotion Agreement Implementation Act
Pub. L. 112–42, Oct. 21, 2011, 125 Stat. 462, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"The purposes of this Act are—
"(1) to approve and implement the free trade agreement between the United States and Colombia 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 Colombia for their mutual benefit;
"(3) to establish free trade between the United States and Colombia 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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.
"(4)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(a)
"(1) the United States–Colombia Trade Promotion Agreement entered into on November 22, 2006, with the Government of Colombia, as amended on June 28, 2007, by the United States and Colombia, and submitted to Congress on October 3, 2011; and
"(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on October 3, 2011.
"(b)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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 [May 15, 2012] 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)
"SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"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).
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. ARBITRATION OF CLAIMS.
"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.
"SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(1)
"(2)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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, and 3.3.13, and Annex 2.3, of the Agreement.
"(2)
"(3)
"(b)
"(1) such modifications or continuation of any duty,
"(2) such modifications as the United States may agree to with Colombia 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 Colombia provided for by the Agreement.
"(c)
"(d)
"SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
"(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 [May 15, 2012], 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, or 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.
"(4)
"(5)
"(b)
"(1)
"(2)
"(A) in year 1 of the Agreement through year 4 of the Agreement, an amount equal to 100 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty;
"(B) in year 5 of the Agreement through year 7 of the Agreement, an amount equal to 75 percent of the excess of the applicable NTR (MFN) rate of duty over the schedule rate of duty; and
"(C) in year 8 of the Agreement through year 9 of the Agreement, 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)
"SEC. 203. RULES OF ORIGIN.
"(a)
"(1)
"(2)
"(3)
"(b)
"(1) the good is a good wholly obtained or produced entirely in the territory of Colombia, the United States, or both;
"(2) the good—
"(A) is produced entirely in the territory of Colombia, 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 Colombia, the United States, or both, exclusively from materials described in paragraph (1) or (2).
"(c)
"(1)
"(2)
"(A)
| = | × | 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)
| = | × | 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)
| = | × | 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 Colombia.
"(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 Colombia 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 Colombia 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 Colombia 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 net cost 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 Colombia 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 Colombia, 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 Colombia, 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 Colombia, 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 Colombia, 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 Colombia, 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 February 12, 2011).
"(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 Colombia 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 Colombia 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 Colombia or the United States; or
"(2) does not remain under the control of customs authorities in the territory of a country other than Colombia 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 goods, other than textile or apparel goods, 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)
"(A) means the recognized consensus or substantial authoritative support given in the territory of Colombia or the United States, as the case may be, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements; and
"(B) may encompass broad guidelines for general application as well as detailed standards, practices, and procedures.
"(5)
"(A) Plants and plant products harvested or gathered in the territory of Colombia, the United States, or both.
"(B) Live animals born and raised in the territory of Colombia, the United States, or both.
"(C) Goods obtained in the territory of Colombia, the United States, or both from live animals.
"(D) Goods obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of Colombia, 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 Colombia, the United States, or both.
"(F) Fish, shellfish, and other marine life taken from the sea, seabed, or subsoil outside the territory of Colombia or the United States by—
"(i) a vessel that is registered or recorded with Colombia and flying the flag of Colombia; 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 Colombia and flies the flag of Colombia; or
"(ii) is a vessel that is documented under the laws of the United States.
"(H)(i) Goods taken by Colombia or a person of Colombia from the seabed or subsoil outside the territorial waters of Colombia, if Colombia 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 Colombia or the United States or a person of Colombia or the United States and not processed in the territory of a country other than Colombia or the United States.
"(J) Waste and scrap derived from—
"(i) manufacturing or processing operations in the territory of Colombia, the United States, or both; or
"(ii) used goods collected in the territory of Colombia, 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 Colombia, the United States, or both, from used goods, and used in the territory of Colombia, the United States, or both, in the production of remanufactured goods.
"(L) Goods, at any stage of production, produced in the territory of Colombia, 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 good that is 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 Colombia, 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)
"(ii)
"(C)
"(i)
"(ii)
"(I) the fabric, yarn, or fiber is available in commercial quantities in a timely manner in Colombia or the United States; or
"(II) any interested entity objects to the request.
"(iii)
"(I) the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in Colombia and the United States; or
"(II) no interested entity has objected to the request.
"(iv)
"(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)
"(vi)
"(D)
"(i) 45 days after the date on which the request is submitted; or
"(ii) 60 days after the date on which the request is submitted, if the President made a determination under subparagraph (C)(iv)(II).
"(E)
"(i)
"(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)
"(iii)
"(iv)
"(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).
"SEC. 204. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT.
"(a)
"(b)
"SEC. 206. RELIQUIDATION OF ENTRIES.
[Amended section 1520 of this title.]
"SEC. 207. RECORDKEEPING REQUIREMENTS.
[Amended section 1508 of this title.]
"SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR APPAREL GOODS.
"(a)
"(1)
"(2)
"(A) an exporter or producer in Colombia 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 Colombia,
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 of the Treasury 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 of the Treasury 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.
"SEC. 209. REGULATIONS.
"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).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"In this title:
"(1)
"(2)
"Subtitle A—Relief From Imports Benefitting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(a)
"(b)
"(c)
"(1) Paragraphs (1)(B) and (3) of subsection (b).
"(2) Subsection (c).
"(3) Subsection (i).
"(d)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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 [May 15, 2012].
"(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.
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"SEC. 315. COMPENSATION AUTHORITY.
"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.).
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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 [May 15, 2012].
"SEC. 323. PERIOD OF RELIEF.
"(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)
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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.).
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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 [May 15, 2012].
"SEC. 327. COMPENSATION AUTHORITY.
"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.).
"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.
"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.
"Subtitle C—Cases Under Title II of the Trade Act of 1974
"SEC. 331. FINDINGS AND ACTION ON COLOMBIAN ARTICLES.
"(a)
"(b)
"TITLE IV—PROCUREMENT
"SEC. 401. ELIGIBLE PRODUCTS.
[Amended section 2518 of this title.]
"TITLE V—EXTENSION OF ANDEAN TRADE PREFERENCE ACT
"SEC. 501. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.
"(a)
"(b)
"(c)
"(1)
"(2)
"(A)
"(i) after February 12, 2011, and
"(ii) before the 15th day after the date of the enactment of this Act,
shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act.
"(B)
"(i) to locate the entry; or
"(ii) to reconstruct the entry if it cannot be located.
"(C)
"(3)
"TITLE VI—OFFSETS
"SEC. 601. ELIMINATION OF CERTAIN NAFTA CUSTOMS FEES EXEMPTION.
"(a)
"(b)
"(c)
"SEC. 602. EXTENSION OF CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 603. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
"Notwithstanding section 6655 of the Internal Revenue Code of 1986 [26 U.S.C. 6655], in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)—
"(1) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2016 shall be increased by 0.50 percent of such amount (determined without regard to any increase in such amount not contained in such Code); and
"(2) the amount of the next required installment after an installment referred to in paragraph (1) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph."
[Section 603 of Pub. L. 112–42, set out above, and any modification of such provision, not applicable with respect to any installment of corporate income tax, see section 7001 of Pub. L. 112–96, set out as a note under section 6655 of Title 26, Internal Revenue Code.]
[Proc. No. 8818, May 14, 2012, 77 F.R. 29519, provided in par. (6) that the Secretary of Commerce is authorized to exercise the authority of the President under section 105(a) of the United States-Colombia Trade Promotion Agreement Implementation Act (Implementation Act) (Pub. L. 112–42, 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. (7) 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 Colombia and the United States, 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 Colombia and the United States to the list in Annex 3–B (not set out in the Code) of the Agreement, or to remove from the list in Annex 3–B of the Agreement any fabric, yarn, or fiber that the President has previously added to that list; in par. (8) that the CITA is authorized to exercise the authority of the President under section 208 of the Implementation Act to direct the exclusion of certain textile and apparel goods from the customs territory of the United States and to direct the denial of preferential tariff treatment to textile and apparel goods; in par. (9) 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, after an appropriate determination, 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 Colombian 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 an affirmative determination as to damage or threat; and in par. (10) that the United States Trade Representative 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 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.]
United States–Korea Free Trade Agreement Implementation Act
Pub. L. 112–41, Oct. 21, 2011, 125 Stat. 428, as amended by Pub. L. 114–27, title VIII, §§801(b), 802(b), June 29, 2015, 129 Stat. 414, 415; Pub. L. 114–125, title IX, §920(b), Feb. 24, 2016, 130 Stat. 281; Pub. L. 115–31, div. M, title I, §105(b), May 5, 2017, 131 Stat. 804; Pub. L. 115–123, div. C, title II, §30201(b), Feb. 9, 2018, 132 Stat. 126; Pub. L. 115–141, div. U, title I, §107(a), Mar. 23, 2018, 132 Stat. 1171; Pub. L. 115–334, title XII, §12606, Dec. 20, 2018, 132 Stat. 5006; Pub. L. 116–37, title IV, §401(b), Aug. 2, 2019, 133 Stat. 1058; Pub. L. 116–164, §3(b), Oct. 10, 2020, 134 Stat. 758; Pub. L. 117–2, title IX, §9912(b), Mar. 11, 2021, 135 Stat. 238; Pub. L. 117–58, div. H, title III, §80301(b), Nov. 15, 2021, 135 Stat. 1330, provided that:
"SECTION 1. SHORT TITLE.
"(a)
"(b)
"SEC. 2. PURPOSES.
"The purposes of this Act are—
"(1) to approve and implement the free trade agreement between the United States and Korea 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 secure the benefits of the agreement entered into pursuant to an exchange of letters between the United States and the Government of Korea on February 10, 2011;
"(3) to strengthen and develop economic relations between the United States and Korea for their mutual benefit;
"(4) to establish free trade between the United States and Korea through the reduction and elimination of barriers to trade in goods and services and to investment; and
"(5) to lay the foundation for further cooperation to expand and enhance the benefits of the Agreement.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3)
"(4)
"(5)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(a)
"(1) the United States–Korea Free Trade Agreement entered into on June 30, 2007, with the Government of Korea, and submitted to Congress on October 3, 2011; and
"(2) the statement of administrative action proposed to implement the Agreement that was submitted to Congress on October 3, 2011.
"(b)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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 [Mar. 15, 2012] 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)
"SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"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).
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. ARBITRATION OF CLAIMS.
"The United States is authorized to resolve any claim against the United States covered by article 11.16.1(a)(i)(C) or article 11.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State Dispute Settlement procedures set forth in section B of chapter 11 of the Agreement.
"SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(1)
"(2)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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, Annex 4-B, and Annex 22-A, of the Agreement.
"(b)
"(1) such modifications or continuation of any duty,
"(2) such modifications as the United States may agree to with Korea 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 Korea provided for by the Agreement.
"(c)
"(d)
"(1)
"(A) the rate of duty for such goods shall be 2.5 percent for year 1 of the Agreement through year 4 of the Agreement; and
"(B) such goods shall be free of duty for each year thereafter.
"(2)
"(A) the rate of duty for such goods shall be—
"(i) 2.0 percent for year 1 of the Agreement;
"(ii) 1.5 percent for year 2 of the Agreement;
"(iii) 1.0 percent for year 3 of the Agreement; and
"(iv) 0.5 percent for year 4 of the Agreement; and
"(B) such goods shall be free of duty for each year thereafter.
"(3)
"(A) the rate of duty for such goods shall be—
"(i) 25 percent for year 1 of the Agreement through year 7 of the Agreement;
"(ii) 16.6 percent for year 8 of the Agreement; and
"(iii) 8.3 percent for year 9 of the Agreement; and
"(B) such goods shall be free of duty for each year thereafter.
"(4)
"(A) the term 'year 1 of the Agreement' means the period beginning on the date, in a calendar year, on which the Agreement enters into force [Mar. 15, 2012] and ending on December 31 of that calendar year; and
"(B) the terms 'year 2 of the Agreement', 'year 3 of the Agreement', 'year 4 of the Agreement', 'year 5 of the Agreement', 'year 6 of the Agreement', 'year 7 of the Agreement', 'year 8 of the Agreement', and 'year 9 of the Agreement' mean the second, third, fourth, fifth, sixth, seventh, eighth, and ninth calendar years, respectively, in which the Agreement is in force.
"SEC. 202. RULES OF ORIGIN.
"(a)
"(1)
"(2)
"(3)
"(b)
"(1) the good is a good wholly obtained or produced entirely in the territory of Korea, the United States, or both;
"(2) the good—
"(A) is produced entirely in the territory of Korea, 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 6-A of the Agreement; or
"(ii) the good otherwise satisfies any applicable regional value-content or other requirements specified in Annex 4-A or Annex 6-A of the Agreement; and
"(B) satisfies all other applicable requirements of this section; or
"(3) the good is produced entirely in the territory of Korea, the United States, or both, exclusively from materials described in paragraph (1) or (2).
"(c)
"(1)
"(2)
"(A)
| = | × | 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, other than indirect 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)
| = | × | 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, other than indirect materials, that are acquired or self-produced, and used by the producer in the production of the good.
"(4)
"(A)
| = | × | 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, other than indirect 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 Korea or the United States.
"(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 Korea 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 Korea 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 Korea 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 net cost 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 Korea 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 Korea, 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 Korea, 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 Korea, 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 Korea, 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 Korea, the United States, or both.
"(e)
"(1)
"(2)
"(f)
"(1)
"(A) the value of all nonoriginating materials used in the production of the good that do not undergo the applicable change in tariff classification (set forth in Annex 6-A of the Agreement) 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 3 that is used in the production of a good provided for in chapter 3.
"(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 or 2106.90, that is used in the production of a good provided for in chapter 4.
"(C) 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.
"(D) A nonoriginating material provided for in chapter 7 that is used in the production of a good provided for in subheading 0703.10, 0703.20, 0709.59, 0709.60, 0711.90, 0712.20, 0714.20, or any of subheadings 0710.21 through 0710.80 or 0712.39 through 0713.10.
"(E) A nonoriginating material provided for in heading 1006, or a nonoriginating rice product provided for in chapter 11 that is used in the production of a good provided for in heading 1006, 1102, 1103, 1104, or subheading 1901.20 or 1901.90.
"(F) 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.
"(G) Nonoriginating peaches, pears, or apricots provided for in chapter 8 or 20 that are used in the production of a good provided for in heading 2008.
"(H) 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 heading 1512, 1514, or 1515.
"(I) 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.
"(J) A nonoriginating material provided for in chapter 17 that is used in the production of a good provided for in subheading 1806.10.
"(K) Except as provided in subparagraphs (A) through (J) and Annex 6-A 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.
"(3)
"(A)
"(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 Korea 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 6-A of the Agreement.
"(2)
"(A) the accessories, spare parts, or tools are classified with and not invoiced separately from 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 Korea 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 Korea or the United States; or
"(2) does not remain under the control of customs authorities in the territory of a country other than Korea 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 goods, other than textile or apparel goods, 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)
"(A) means the recognized consensus or substantial authoritative support given in the territory of Korea or the United States, as the case may be, with respect to the recording of revenues, expenses, costs, assets, and liabilities, the disclosure of information, and the preparation of financial statements; and
"(B) may encompass broad guidelines for general application as well as detailed standards, practices, and procedures.
"(5)
"(A) Plants and plant products grown, and harvested or gathered, in the territory of Korea, the United States, or both.
"(B) Live animals born and raised in the territory of Korea, the United States, or both.
"(C) Goods obtained in the territory of Korea, the United States, or both from live animals.
"(D) Goods obtained from hunting, trapping, fishing, or aquaculture conducted in the territory of Korea, 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 Korea, the United States, or both.
"(F) Fish, shellfish, and other marine life taken from the sea, seabed, or subsoil outside the territory of Korea or the United States by—
"(i) a vessel that is registered or recorded with Korea and flying the flag of Korea; 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 Korea and flies the flag of Korea; or
"(ii) is a vessel that is documented under the laws of the United States.
"(H)(i) Goods taken by Korea or a person of Korea from the seabed or subsoil outside the territory of Korea, the United States, or both, if Korea has rights to exploit such seabed or subsoil; or
"(ii) Goods taken by the United States or a person of the United States from the seabed or subsoil outside the territory of the United States, Korea, or both, if the United States has rights to exploit such seabed or subsoil.
"(I) Goods taken from outer space, if the goods are obtained by Korea or the United States or a person of Korea or the United States and not processed in the territory of a country other than Korea or the United States.
"(J) Waste and scrap derived from—
"(i) manufacturing or processing operations in the territory of Korea, the United States, or both; or
"(ii) used goods collected in the territory of Korea, 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 Korea, the United States, or both, from used goods, and used in the territory of Korea, the United States, or both, in the production of remanufactured goods.
"(L) Goods, at any stage of production, produced in the territory of Korea, 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 good that is 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 Korea, 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 4-A and Annex 6-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) such modifications to the provisions proclaimed under the authority of paragraph (1)(A) as are necessary to implement an agreement with Korea pursuant to article 4.2.5 of the Agreement; and
"(ii) before the end of the 1-year period beginning on the date on which the Agreement enters into force [Mar. 15, 2012], modifications to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 50 through 63 (as included in Annex 4-A of the Agreement).
"(3)
"(A)
"(B)
"(i)
"(ii)
"(C)
"(i)
"(ii)
"(I) the fiber, yarn, or fabric is available in commercial quantities in a timely manner in the United States; or
"(II) any interested entity objects to the request.
"(iii)
"(I) the fiber, yarn, or fabric is not available in commercial quantities in a timely manner in the United States; or
"(II) no interested entity has objected to the request.
"(iv)
"(I) not later than 30 days after the date on which a request is submitted under clause (i); or
"(II) not later than 60 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)
"(D)
"(E)
"(i)
"(ii)
"(iii)
"(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 (E)(ii).
"SEC. 203. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 204. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT.
"(a)
"(b)
"SEC. 205. RELIQUIDATION OF ENTRIES.
[Amended section 1520 of this title.]
"SEC. 206. RECORDKEEPING REQUIREMENTS.
[Amended section 1508 of this title.]
"SEC. 207. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR APPAREL GOODS.
"(a)
"(1)
"(2)
"(A) an exporter or producer in Korea is complying with applicable customs laws, regulations, procedures, requirements, and practices affecting 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 202, or
"(ii) is a good of Korea,
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) 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); or
"(B) the 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
"(2) 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).
"(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.
"(f)
"(g)
"(1) a claim of origin under the agreement for a textile or apparel good is accurate; or
"(2) an exporter, producer, or other enterprise located in the United States involved in the movement of textile or apparel goods from the United States to the territory of the requesting government is complying with applicable customs laws, regulations, and procedures regarding trade in textile or apparel goods.
"SEC. 208. REGULATIONS.
"The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—
"(1) subsections (a) through (n) of section 202;
"(2) the amendment made by section 203; and
"(3) any proclamation issued under section 202(o).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"In this title:
"(1)
"(2)
"(3)
"Subtitle A—Relief From Imports Benefitting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(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)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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 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 [Mar. 15, 2012].
"(2)
"(A) The suspension of any further reduction provided for under Annex 2-B 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 for the corresponding season immediately preceding the date the import relief is provided; or
"(ii) the column 1 general rate of duty imposed under the HTS for the corresponding season immediately preceding the date on which the Agreement enters into force.
"(3)
"(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)
"(f)
"(1) subtitle B or C; or
"(2) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"(c)
"SEC. 315. COMPENSATION AUTHORITY.
"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.).
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Motor Vehicle Safeguard Measures
"SEC. 321. MOTOR VEHICLE SAFEGUARD MEASURES.
"The provisions of subtitle A shall apply with respect to a Korean motor vehicle article to the same extent that such provisions apply to Korean articles, except as follows:
"(1) Section 311(d) and paragraphs (2) and (3) of 313(c) shall not apply.
"(2) Section 313(d)(2)(A) shall be applied and administered by substituting '2 years' for '1 year'.
"(3) Section 313(d)(2)(C) shall be applied and administered by substituting '4 years' for '3 years'.
"(4) Section 313(f)(1) shall be applied and administered by substituting 'subtitle A' for 'subtitle B or C'.
"(5) Section 314(b) shall be applied and administered as if such section read as follows:
"(b)
"Subtitle C—Textile and Apparel Safeguard Measures
"SEC. 331. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 332. DETERMINATION AND PROVISION OF RELIEF.
"(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, no one 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 suspension of any further reduction provided for under Annex 2-B 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 [Mar. 15, 2012].
"SEC. 333. PERIOD OF RELIEF.
"(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)
"SEC. 334. ARTICLES EXEMPT FROM RELIEF.
"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.).
"SEC. 335. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 336. TERMINATION OF RELIEF AUTHORITY.
"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.
"SEC. 337. COMPENSATION AUTHORITY.
"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.).
"SEC. 338. CONFIDENTIAL BUSINESS INFORMATION.
"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.
"Subtitle D—Cases Under Title II of the Trade Act of 1974
"SEC. 341. FINDINGS AND ACTION ON KOREAN ARTICLES.
"(a)
"(b)
"TITLE IV—PROCUREMENT
"SEC. 401. ELIGIBLE PRODUCTS.
[Amended section 2518 of this title.]
"TITLE V—OFFSETS
"SEC. 501. INCREASE IN PENALTY ON PAID PREPARERS WHO FAIL TO COMPLY WITH EARNED INCOME TAX CREDIT DUE DILIGENCE REQUIREMENTS.
"(a)
"(b)
"SEC. 502. REQUIREMENT FOR PRISONS LOCATED IN THE UNITED STATES TO PROVIDE INFORMATION FOR TAX ADMINISTRATION.
"(a)
"(b)
"SEC. 503. RATE FOR MERCHANDISE PROCESSING FEES.
"For the period beginning on December 1, 2015, and ending on September 30, 2031, section 13031(a)(9) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9)) shall be applied and administered—
"(1) in subparagraph (A), by substituting '0.3464' for '0.21'; and
"(2) in subparagraph (B)(i), by substituting '0.3464' for '0.21'.
"SEC. 504. EXTENSION OF CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 505. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
"Notwithstanding section 6655 of the Internal Revenue Code of 1986 [26 U.S.C. 6655], in the case of a corporation with assets of not less than $1,000,000,000 (determined as of the end of the preceding taxable year)—
"(1) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2012 shall be increased by 0.25 percent of such amount (determined without regard to any increase in such amount not contained in such Code);
"(2) the amount of any required installment of corporate estimated tax which is otherwise due in July, August, or September of 2016 shall be increased by 2.75 percent of such amount (determined without regard to any increase in such amount not contained in such Code); and
"(3) the amount of the next required installment after an installment referred to in paragraph (1) or (2) shall be appropriately reduced to reflect the amount of the increase by reason of such paragraph."
[Pub. L. 115–141, div. U, title I, §107(b), Mar. 23, 2018, 132 Stat. 1171, provided that: "The amendment made by this section [amending section 501 of Pub. L. 112–41, set out above] shall take effect as if included in section 501 of the United States-Korea Free Trade Agreement Implementation Act [Pub. L. 112–41]."]
[Section 505 of Pub. L. 112–41, set out above, and any modification of such provision, not applicable with respect to any installment of corporate income tax, see section 7001 of Pub. L. 112–96, set out as a note under section 6655 of Title 26, Internal Revenue Code.]
[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. 8783, Mar. 6, 2012, 77 F.R. 14265, 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–Korea Free Trade Agreement Implementation Act (Implementation Act) (Pub. L. 112–41, 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 202(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, 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 to the list in Appendix 4-B-1 (not set out in the Code) of the Agreement, or to remove from the list in Appendix 4-B-1 of the Agreement any fabric, yarn, or fiber that the President has previously added to that list; in par. (6) that the CITA is authorized to exercise the authority of the President under section 207 of the Implementation Act to direct the exclusion of certain textile and apparel goods from the customs territory of the United States and to direct the denial of preferential tariff treatment to textile and apparel goods; in par. (7) that the CITA is authorized to exercise the functions of the President under subtitle C 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, after an appropriate determination, a notice of commencement of consideration of a request and notice seeking public comment, to determine whether imports of a Korean 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 an affirmative determination as to damage or threat; and in par. (8) that the United States Trade Representative 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.]
United States-Peru Trade Promotion Agreement Implementation Act
Pub. L. 110–138, Dec. 14, 2007, 121 Stat. 1455, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(3) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.
"(4)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(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)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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)
"SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"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).
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. ARBITRATION OF CLAIMS.
"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.
"SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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)
"SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
"(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)
"SEC. 203. RULES OF ORIGIN.
"(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)
| = | × | 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)
| = | × | 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)
| = | × | 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).
"SEC. 204. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF TREATMENT.
"(a)
"(b)
"SEC. 206. RELIQUIDATION OF ENTRIES.
[Amended section 1520 of this title.]
"SEC. 207. RECORDKEEPING REQUIREMENTS.
[Amended section 1508 of this title.]
"SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR APPAREL GOODS.
"(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.
"SEC. 209. REGULATIONS.
"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).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"In this title:
"(1)
"(2)
"Subtitle A—Relief From Imports Benefiting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(a)
"(b)
"(c)
"(1) Paragraphs (1)(B) and (3) of subsection (b).
"(2) Subsection (c).
"(3) Subsection (i).
"(d)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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.
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"SEC. 315. COMPENSATION AUTHORITY.
"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.).
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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].
"SEC. 323. PERIOD OF RELIEF.
"(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)
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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.).
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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].
"SEC. 327. COMPENSATION AUTHORITY.
"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.).
"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.
"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.
"Subtitle C—Cases Under Title II of the Trade Act of 1974
"SEC. 331. FINDINGS AND ACTION ON GOODS OF PERU.
"(a)
"(b)
"TITLE IV—PROCUREMENT
"SEC. 401. ELIGIBLE PRODUCTS.
[Amended section 2518 of this title.]
"TITLE V—TRADE IN TIMBER PRODUCTS OF PERU
"SEC. 501. ENFORCEMENT RELATING TO TRADE IN TIMBER PRODUCTS OF PERU.
"(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)
"SEC. 502. REPORT TO CONGRESS.
"(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.
"TITLE VI—OFFSETS
"SEC. 601. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 602. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES."
[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.]
United States-Oman Free Trade Agreement Implementation Act
Pub. L. 109–283, Sept. 26, 2006, 120 Stat. 1191, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.
"(3)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(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)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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)
"SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"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).
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. ARBITRATION OF CLAIMS.
"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.
"SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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)
"SEC. 202. RULES OF ORIGIN.
"(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).
"SEC. 203. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 204. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND APPAREL GOODS.
"(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).
"SEC. 205. RELIQUIDATION OF ENTRIES.
[Amended section 1520 of this title.]
"SEC. 206. REGULATIONS.
"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).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"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)
"Subtitle A—Relief From Imports Benefiting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(a)
"(b)
"(c)
"(1) Paragraphs (1)(B) and (3) of subsection (b).
"(2) Subsection (c).
"(3) Subsection (i).
"(d)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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)
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"SEC. 315. COMPENSATION AUTHORITY.
"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.).
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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].
"SEC. 323. PERIOD OF RELIEF.
"(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.
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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.).
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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.
"SEC. 327. COMPENSATION AUTHORITY.
"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.
"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.
"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.
"TITLE IV—PROCUREMENT
"SEC. 401. ELIGIBLE PRODUCTS."
[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. 8771, Dec. 29, 2011, 77 F.R. 418, provided in par. (10) that the United States Trade Representative is authorized to fulfill the obligations of the President under section 104 of the United States-Oman Free Trade Agreement Implementation Act (Pub. L. 109–283, set out above) 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.]
[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.]
United States-Bahrain Free Trade Agreement Implementation Act
Pub. L. 109–169, Jan. 11, 2006, 119 Stat. 3581, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.
"(3)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(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)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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)
"SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"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).
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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)
"SEC. 202. RULES OF ORIGIN.
"(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).
"SEC. 203. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 204. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND APPAREL GOODS.
"(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).
"SEC. 205. REGULATIONS.
"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).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"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)
"Subtitle A—Relief From Imports Benefiting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(a)
"(b)
"(c)
"(1) Paragraphs (1)(B) and (3) of subsection (b).
"(2) Subsection (c).
"(3) Subsection (i).
"(d)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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)
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"SEC. 315. COMPENSATION AUTHORITY.
"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.).
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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].
"SEC. 323. PERIOD OF RELIEF.
"(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.
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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.).
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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.
"SEC. 327. COMPENSATION AUTHORITY.
"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.
"SEC. 328. CONFIDENTIAL BUSINESS INFORMATION.
"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.
"TITLE IV—PROCUREMENT
"SEC. 401. ELIGIBLE PRODUCTS."
[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. 8771, Dec. 29, 2011, 77 F.R. 418, provided in par. (10) that the United States Trade Representative is authorized to fulfill the obligations of the President under section 104 of the United States-Bahrain Free Trade Agreement Implementation Act (Pub. L. 109–169, set out above) 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.]
[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.]
United States-Morocco Free Trade Agreement Implementation Act
Pub. L. 108–302, Aug. 17, 2004, 118 Stat. 1103, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.
"(3)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(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)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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, 2006] 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)
"SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"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).
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. ARBITRATION OF CLAIMS.
"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.
"SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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)
"SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
"(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)
"SEC. 203. RULES OF ORIGIN.
"(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.
"SEC. 204. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND APPAREL GOODS.
"(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).
"SEC. 205. REGULATIONS.
"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).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"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)
"Subtitle A—Relief From Imports Benefiting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(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)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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 [Jan. 1, 2006].
"(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 [Jan. 1, 2006].
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"SEC. 315. COMPENSATION AUTHORITY.
"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.].
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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, 2006].
"SEC. 323. PERIOD OF RELIEF.
"(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)
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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, 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.].
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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.
"SEC. 327. COMPENSATION AUTHORITY.
"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.].
"SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
"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. 8771, Dec. 29, 2011, 77 F.R. 418, provided in par. (10) that the United States Trade Representative is authorized to fulfill the obligations of the President under section 104 of the United States-Morocco Free Trade Agreement Implementation Act (Pub. L. 108–302, set out above) 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.]
[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.]
United States-Australia Free Trade Agreement Implementation Act
Pub. L. 108–286, Aug. 3, 2004, 118 Stat. 919, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
(b)
"SEC. 2. PURPOSES.
"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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.
"(3)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(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)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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)
"SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"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).
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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)
"SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
"(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)
"SEC. 203. RULES OF ORIGIN.
"(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)
| = | × | 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)
| = | × | 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)
| = | × | 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.
"SEC. 204. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 205. DISCLOSURE OF INCORRECT INFORMATION.
[Amended section 1592 of this title.]
"SEC. 206. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND APPAREL GOODS.
"(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).
"SEC. 207. REGULATIONS.
"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).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"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)
"Subtitle A—Relief From Imports Benefiting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(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)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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].
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"(c)
"SEC. 315. COMPENSATION AUTHORITY.
"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.].
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(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)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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)
"SEC. 323. PERIOD OF RELIEF.
"(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)
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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.).
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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.
"SEC. 327. COMPENSATION AUTHORITY.
"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.].
"SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
"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.
"Subtitle C—Cases Under Title II of the Trade Act of 1974
"SEC. 331. FINDINGS AND ACTION ON GOODS FROM AUSTRALIA.
"(a)
"(b)
"TITLE IV—PROCUREMENT
"SEC. 401. ELIGIBLE PRODUCTS."
[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. 8771, Dec. 29, 2011, 77 F.R. 418, provided in par. (10) that the United States Trade Representative is authorized to fulfill the obligations of the President under section 104 of the United States-Australia Free Trade Agreement Implementation Act (Pub. L. 108–286, set out above) 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.]
[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.]
United States-Singapore Free Trade Agreement Implementation Act
Pub. L. 108–78, Sept. 3, 2003, 117 Stat. 948, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(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)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"(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)
"SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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)
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. ARBITRATION OF CERTAIN CLAIMS.
"(a)
"(b)
"SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(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)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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)
"SEC. 202. RULES OF ORIGIN.
"(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)
| = | × | 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)
| = | × | 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.
"SEC. 203. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 204. DISCLOSURE OF INCORRECT INFORMATION.
[Amended section 1592 of this title.]
"SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND APPAREL GOODS.
"(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)
"SEC. 206. REGULATIONS.
"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).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"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.
"Subtitle A—Relief From Imports Benefiting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(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)).
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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)).
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"SEC. 315. COMPENSATION AUTHORITY.
"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.].
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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].
"SEC. 323. PERIOD OF RELIEF.
"(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)
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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.
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"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.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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.
"SEC. 327. COMPENSATION AUTHORITY.
"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.].
"SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
"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.
"Subtitle C—Cases Under Title II of the Trade Act of 1974
"SEC. 331. FINDINGS AND ACTION ON GOODS FROM SINGAPORE.
"(a)
"(b)
"TITLE IV—TEMPORARY ENTRY OF BUSINESS PERSONS
"SEC. 401. NONIMMIGRANT TRADERS AND INVESTORS.
"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.
"SEC. 402. NONIMMIGRANT PROFESSIONALS."
[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. 8771, Dec. 29, 2011, 77 F.R. 418, provided in par. (10) that the United States Trade Representative is authorized to fulfill the obligations of the President under section 103 of the United States-Singapore Free Trade Agreement Implementation Act (Pub. L. 108–78, set out above) 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.]
[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.]
United States-Chile Free Trade Agreement Implementation Act
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:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"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.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2) HTS.—The term 'HTS' means the Harmonized Tariff Schedule of the United States.
"(3)
"TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
"SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
"(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)
"SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
"(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.
"SEC. 103. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
"(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)
"SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
"(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)
"SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
"(a)
"(b)
"SEC. 106. ARBITRATION OF CLAIMS.
"(a)
"(b)
"SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
"(a)
"(b)
"(c)
"TITLE II—CUSTOMS PROVISIONS
"SEC. 201. TARIFF MODIFICATIONS.
"(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)
"SEC. 202. RULES OF ORIGIN.
"(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)
| = | × | 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)
| = | × | 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.
"SEC. 203. DRAWBACK.
"(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)
"SEC. 204. CUSTOMS USER FEES.
[Amended section 58c of this title.]
"SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; DENIAL OF PREFERENTIAL TARIFF TREATMENT; FALSE CERTIFICATES OF ORIGIN.
"(a)
"(b)
"SEC. 206. RELIQUIDATION OF ENTRIES.
[Amended section 1520 of this title.]
"SEC. 207. RECORDKEEPING REQUIREMENTS.
[Amended section 1508 of this title.]
"SEC. 208. ENFORCEMENT OF TEXTILE AND APPAREL RULES OF ORIGIN.
"(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.
"SEC. 209. CONFORMING AMENDMENTS.
[Amended section 1508 of this title.]
"SEC. 210. REGULATIONS.
"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).
"TITLE III—RELIEF FROM IMPORTS
"SEC. 301. DEFINITIONS.
"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.
"Subtitle A—Relief From Imports Benefiting From the Agreement
"SEC. 311. COMMENCING OF ACTION FOR RELIEF.
"(a)
"(b)
"(c)
"(1) Paragraphs (1)(B) and (3) of subsection (b).
"(2) Subsection (c).
"(3) Subsection (i).
"(d)
"SEC. 312. COMMISSION ACTION ON PETITION.
"(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)
"SEC. 313. PROVISION OF RELIEF.
"(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)
"SEC. 314. TERMINATION OF RELIEF AUTHORITY.
"(a)
"(b)
"SEC. 315. COMPENSATION AUTHORITY.
"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.].
"SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
[Amended section 2252 of this title.]
"Subtitle B—Textile and Apparel Safeguard Measures
"SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
"(a)
"(b)
"SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
"(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].
"SEC. 323. PERIOD OF RELIEF.
"(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.
"SEC. 324. ARTICLES EXEMPT FROM RELIEF.
"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.
"SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
"When import relief under this subtitle is terminated with respect to an article, the rate of duty on that article shall be duty-free.
"SEC. 326. TERMINATION OF RELIEF AUTHORITY.
"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.
"SEC. 327. COMPENSATION AUTHORITY.
"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.].
"SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
"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.
"TITLE IV—TEMPORARY ENTRY OF BUSINESS PERSONS
"SEC. 401. NONIMMIGRANT TRADERS AND INVESTORS.
"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.
"SEC. 402. NONIMMIGRANT PROFESSIONALS; LABOR ATTESTATIONS.
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
"(1)
"(2)
"SEC. 403. LABOR DISPUTES.
[Amended section 1184 of Title 8.]
"SEC. 404. CONFORMING AMENDMENTS."
[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. 8771, Dec. 29, 2011, 77 F.R. 418, provided in par. (10) that the United States Trade Representative is authorized to fulfill the obligations of the President under section 103 of the United States-Chile Free Trade Agreement Implementation Act (Pub. L. 108–77, set out above) 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.]
[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.]
Executive Documents
Delegation of Functions
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.