[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3041 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3041

 To eliminate deception in product labelling or marking with regard to 
      the country of origin of merchandise and merchandise parts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 1993

 Mr. Klink (for himself, Mr. Traficant, Mr. Diaz-Balart, Mr. Brown of 
Ohio, Mr. Gene Green of Texas, and Mr. Frost) introduced the following 
 bill; which was referred jointly to the Committees on Ways and Means 
                        and Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To eliminate deception in product labelling or marking with regard to 
      the country of origin of merchandise and merchandise parts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS.

    (a) Requirements for Use of Labels.--No product may bear a label 
which states or suggests that the product was made in America unless--
            (1) the product has been registered with the Department of 
        Commerce under subsection (b); and
            (2) the Secretary of Commerce has determined that--
                    (A) not less than 60 percent of the product was 
                manufactured in the United States; and
                    (B) final assembly of the product took place in the 
                United States.
    (b) Registry of American-Made Products.--Not later than 12 months 
after the Secretary has promulgated regulations regarding the 
registration of products with the Department of Commerce under this 
section, a person shall register with the Department of Commerce any 
product on which there is or will be affixed a label which states or 
suggests that the product was made in America.
    (c) Penalties for Fraudulent Use of Labels.--
            (1) Civil fine.--Any person who, with an intent to defraud 
        or mislead, places on a product a label which states or 
        suggests that the product was ``made in America'' in violation 
        of this section may be assessed a civil penalty by the 
        Secretary of not more than $100,000. The Secretary may issue an 
        order assessing such civil penalty only after notice and an 
        opportunity for an agency hearing on the record. The validity 
        of such order may not be reviewed in an action to collect such 
        civil penalty.
            (2) Injunctive relief.--The Secretary may bring an action 
        to enjoin the violation of, or to compel compliance with, this 
        section, whenever the Secretary believes that such a violation 
        has occurred or is about to occur.
    (d) Regulations.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary shall promulgate regulations 
establishing procedures under which a person shall register a product 
under this section.
    (e) Definitions.--For purposes of this section:
            (1) Label.--The term ``label'' means any written, printed, 
        or graphic matter on, or attached to, a product or any of its 
        containers or wrappers.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 2. ADDITIONAL INFORMATION TO CONSUMERS REGARDING FOREIGN CONTENT 
              OF IMPORTED ARTICLES.

    (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 
1304) is amended as follows:
            (1) Subsections (f), (g), and (h) are redesignated as 
        subsections (g), (h), and (i), respectively.
            (2) The following new subsection is inserted after 
        subsection (e):
    ``(f) Additional Foreign Content Marking.--If an article of foreign 
origin is required to be marked under subsection (a), or its container 
is required to be marked under subsection (b), and such article is 
assembled, in whole or part, from parts that are the product of one or 
more foreign countries that are not the country of origin for purposes 
of subsection (a) or (b), the article or container shall be marked in 
such manner as to indicate, or shall be accompanied by such written, 
printed, or graphic matter that indicates, in English to the ultimate 
purchaser in the United States the proportion of the customs value of 
such article that is accounted for by the parts from each such foreign 
country.''.
            (3) Subsection (g) (as redesignated by paragraph (1)) is 
        amended by striking out ``section,'' and inserting ``section 
        (including the requirements relating to parts valuation under 
        subsection (f)),''.
            (4) Subsection (h) (as redesignated by paragraph (1)) is 
        amended by striking out ``subsection (f)'' and inserting 
        ``subsection (g)''.
    (b) Effective Date.--The amendments made by subsection (a) apply 
with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.

SEC. 3. LABELING OF DOMESTIC PRODUCTS WITH FOREIGN PARTS.

    (a) Requirements for Use of Labels.--Any product which is 
manufactured in the United States and which is assembled, in whole or 
in part, from any part that is the product of a foreign country shall, 
in its labeling for the ultimate purchaser in the United States--
            (1) disclose the country of origin of such part, and
            (2) state the proportion of the cost of such product which 
        is accounted for by such part.
    (b) Penalties for Violations of Subsection (a).--
            (1) Civil fine.--Any person who, with an intent to defraud 
        or mislead, fails to label a product in accordance with 
        subsection (a) may be assessed a civil penalty by the Secretary 
        of not more than $100,000. The Secretary may issue an order 
        assessing such civil penalty only after notice and an 
        opportunity for an agency hearing on the record. The validity 
        of such order may not be reviewed in an action to collect such 
        civil penalty.
            (2) Injunctive relief.--The Secretary may bring an action 
        to enjoin the violation of, or to compel compliance with, 
        subsection (a), whenever the Secretary believes that such a 
        violation has occurred or is about to occur.
    (c) Regulations.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary shall promulgate regulations 
respecting labeling of products under subsection (a).
    (d) Definitions.--For purposes of this section, the term 
``Secretary'' means the Secretary of Commerce.

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