[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4608 Introduced in House (IH)]

  2d Session
                                H. R. 4608

  To reauthorize the Generalized System of Preferences, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 1998

  Mr. Crane introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
  To reauthorize the Generalized System of Preferences, and for other 
                               purposes.

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

SECTION 1. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.

    (a) Extension of Duty-Free Treatment Under System.--Section 505 of 
the Trade Act of 1974 (29 U.S.C. 2465) is amended by striking ``June 
30, 1998'' and inserting ``June 30, 2000''.
    (b) Retroactive Application for Certain Liquidations and 
Reliquidations.--
            (1) In general.--Notwithstanding section 514 of the Tariff 
        Act of 1930 or any other provision of law, and subject to 
        paragraph (2), the entry--
                    (A) of an article to which duty-free treatment 
                under title V of the Trade Act of 1974 would have 
                applied if such title had been in effect during the 
                period beginning on July 1, 1998, and ending on the day 
                before the date of the enactment of this Act, and
                    (B) that was made after June 30, 1998, and before 
                the date of the enactment of this Act,
        shall be liquidated or reliquidated as free of duty, and the 
        Secretary of the Treasury shall refund any duty paid with 
        respect to such entry. As used in this subsection, the term 
        ``entry'' includes a withdrawal from warehouse for consumption.
            (2) Requests.--Liquidation or reliquidation may be made 
        under paragraph (1) with respect to an entry only if a request 
        therefor is filed with the Customs Service, within 180 days 
        after the date of the enactment of this Act, that contains 
        sufficient information to enable the Customs Service--
                    (A) to locate the entry; or
                    (B) to reconstruct the entry if it cannot be 
                located.

SEC. 2. DUTY DRAWBACK FOR METHYL TERTIARY-BUTYL ETHER (``MTBE'').

    (a) In General.--Section 313(p)(3)(A)(i)(I) of the Tariff Act of 
1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is amended by striking ``and 
2902'' and inserting ``2902, and 2909.19.14''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act, and shall apply to 
drawback claims filed on and after such date.

SEC. 3. SUBSTITUTION OF FINISHED PETROLEUM DERIVATIVES.

    (a) In General.--Section 313(p)(1) of the Tariff Act of 1930 (19 
U.S.C. 1313(p)(1)) is amended in the matter following subparagraph (C) 
by striking ``the amount of the duties paid on, or attributable to, 
such qualified article shall be refunded as drawback to the drawback 
claimant.'' and inserting ``drawback shall be allowed as described in 
paragraph (4).''.
    (b) Requirements.--Section 313(p)(2) of such Act (19 U.S.C. 
1313(p)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clauses (i), (ii), and (iii), by striking 
                ``the qualified article'' each place it appears and 
                inserting ``a qualified article''; and
                    (B) in clause (iv), by striking ``an imported' and 
                inserting ``a''; and
            (2) in subparagraph (G), by inserting ``transferor,'' after 
        ``importer,''.
    (c) Qualified Article Defined, Etc.--Section 313(p)(3) of such Act 
(19 U.S.C. 1313(p)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i)(II), by striking ``liquids, 
                pastes, powders, granules, and flakes'' and inserting 
                ``the primary forms provided under Note 6 to chapter 39 
                of the Harmonized Tariff Schedule of the United 
                States''; and
                    (B) in clause (ii)--
                            (i) in subclause (I) by striking ``or'' at 
                        the end;
                            (ii) in subclause (II) by striking the 
                        period and inserting ``, or''; and
                            (iii) by adding after subclause (II) the 
                        following:
                                    ``(III) an article of the same kind 
                                and quality as described in 
                                subparagraph (B), or any combination 
                                thereof, that is transferred, as so 
                                certified in a certificate of delivery 
                                or certificate of manufacture and 
                                delivery in a quantity not greater than 
                                the quantity of articles purchased or 
                                exchanged.
                        The transferred merchandise described in 
                        subclause (III), regardless of its origin, so 
                        designated on the certificate of delivery or 
                        certificate of manufacture and delivery shall 
                        be the qualified article for purposes of this 
                        section. A party who issues a certificate of 
                        delivery, or certificate of manufacture and 
                        delivery, shall also certify to the 
                        Commissioner of Customs that it has not, and 
                        will not, issue such certificates for a 
                        quantity greater than the amount eligible for 
                        drawback and that appropriate records will be 
                        maintained to demonstrate that fact.'';
            (2) in subparagraph (B), by striking ``exported article'' 
        and inserting ``article, including an imported, manufactured, 
        substituted, or exported article,''; and
            (3) in the first sentence of subparagraph (C), by striking 
        ``such article.'' and inserting ``either the qualified article 
        or the exported article.''.
    (d) Limitation on Drawback.--Section 313(p)(4)(B) of such Act (19 
U.S.C. 1313(p)(4)(B)) is amended by inserting before the period at the 
end the following: ``had the claim qualified for drawback under 
subsection (j)''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the amendment made by section 632(a)(6) of the 
North American Free Trade Agreement Implementation Act. For purposes of 
section 632(b) of that Act, the 3-year requirement set forth in section 
313(r) of the Tariff Act of 1930 shall not apply to any drawback claim 
filed within 6 months after the date of the enactment of this Act for 
which that 3-year period would have expired.

SEC. 4. RELIQUIDATION OF CERTAIN NUCLEAR FUEL ASSEMBLIES.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of 
1930 (19 U.S.C. 1514) or any other provision of law, upon proper 
request filed with the Secretary of the Treasury not later than 90 days 
after the date of the enactment of this Act, the Secretary--
            (1) shall reliquidate as free of duty the entries listed in 
        subsection (b); and
            (2) shall refund any duties paid with respect to such 
        entry.
    (b) Affected Entries.--The entries referred to in subsection (a) 
are as follows:


  062-2320014-5....................                 01-16-96                              06-07-96
  062-2320085-5....................                 02-13-96                              07-12-96
  839-4030989-7....................                 01-25-96                              10-10-97
  839-4031053-1....................                 12-02-96                              10-17-97
  839-4031591-0....................                 01-21-97                              12-05-97

SEC. 5. LIQUIDATION OR RELIQUIDATION OF CERTAIN WATER RESISTANT WOOL 
              TROUSERS.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of 
1930 (19 U.S.C. 1514) or any other provision of law, upon proper 
request filed with the Secretary of the Treasury not later than 90 days 
after the date of the enactment of this Act, the Secretary--
            (1) shall reliquidate as free of duty the entries listed in 
        subsection (b); and
            (2) shall refund any duties paid with respect to such 
        entry.
    (b) Affected Entries.--The entries referred to in subsection (a) 
are as follows:


  901-0243655-8...................  September 18, 1989
  901-0243861-2...................  October 16, 1989
  901-0244072-5...................  November 12, 1989
  901-0246043-4...................  August 30, 1990
  901-0246421-2...................  November 2, 1990
  901-0246482-4...................  November 11, 1990
  901-0251209-3...................  October 26, 1992
  901-0060944-6...................  November 12, 1993

SEC. 6. DUTY ON CERTAIN IMPORTATIONS OF MUESLIX CEREALS.

    (a) Before January 1, 1996.--Notwithstanding section 514 of the 
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon 
proper request filed with the Customs Service before the 90th day after 
the date of the enactment of this Act, any entry or withdrawal from 
warehouse for consumption made after December 31, 1991, and before 
January 1, 1996, of mueslix cereal, which was classified under the 
special column rate applicable for Canada in subheading 2008.92.10 of 
the Harmonized Tariff Schedule of the United States--
            (1) shall be liquidated or reliquidated as if the special 
        column rate applicable for Canada in subheading 1904.10.00 of 
        such Schedule applied at the time of such entry or withdrawal; 
        and
            (2) any excess duties paid as a result of such liquidation 
        or reliquidation shall be refunded, including interest at the 
        appropriate applicable rate.
    (b) After December 31, 1995.--Notwithstanding section 514 of the 
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon 
proper request filed with the Customs Service before the 90th day after 
the date of the enactment of this Act, any entry or withdrawal from 
warehouse for consumption made after December 31, 1995, and before 
January 1, 1998, of mueslix cereal, which was classified under the 
special column rate applicable for Canada in subheading 1904.20.10 of 
the Harmonized Tariff Schedule of the United States--
            (1) shall be liquidated or reliquidated as if the special 
        column rate applicable for Canada in subheading 1904.10.00 of 
        such Schedule applied at the time of such entry or withdrawal; 
        and
            (2) any excess duties paid as a result of such liquidation 
        or reliquidation shall be refunded, including interest at the 
        appropriate applicable rate.

SEC. 7. EXPANSION OF FOREIGN TRADE ZONE NO. 143.

    (a) Expansion of Foreign Trade Zone.--The Foreign Trade Zones Board 
shall expand Foreign Trade Zone No. 143 to include areas in the 
vicinity of the Chico Municipal Airport in accordance with the 
application submitted by the Sacramento-Yolo Port District of 
Sacramento, California, to the Board on March 11, 1997.
    (b) Other Requirements Not Affected.--The expansion of Foreign 
Trade Zone No. 143 under subsection (a) shall not relieve the Port of 
Sacramento of any requirement under the Foreign Trade Zones Act, or 
under regulations of the Foreign Trade Zones Board, relating to such 
expansion.

SEC. 8. CUSTOMS USER FEES.

    (a) Additional Preclearance Activities.--Section 13031(f)(3)(A) of 
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(3)(A)) is amended--
            (1) in clause (ii) by striking ``and'' at the end;
            (2) by redesignating clause (iii) as clause (iv);
            (3) by inserting after clause (ii) the following:
                            ``(iii) to the extent funds remain 
                        available after making reimbursements under 
                        clause (ii), in providing salaries for up to 50 
                        full-time equivalent inspectional positions to 
                        provide preclearance services, and''; and
            (4) in clause (iv), as so redesignated, by striking 
        ``clause (ii)'' and inserting ``clauses (ii) and (iii)''.
    (b) Collection of Fees for Passengers Aboard Commercial Vessels.--
Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 
1985 (19 U.S.C. 58c) is amended--
            (1) in subsection (a), by amending paragraph (5) to read as 
        follows:
            ``(5)(A) Subject to subparagraph (B), for the arrival of 
        each passenger aboard a commercial vessel or commercial 
        aircraft from a place outside the United States (other than a 
        place referred to in subsection (b)(1)(A)(i) of this section), 
        $5.
            ``(B) For the arrival of each passenger aboard a commercial 
        vessel from a place referred to in subsection (b)(1)(A)(i) of 
        this section, $1.''; and
            (2) in subsection (b)(1)(A), by striking ``(A) No fee'' and 
        inserting ``(A) Except as provided in subsection (a)(5)(B) of 
        this section, no fee''.
    (c) Use of Merchandise Processing Fees for Automated Commercial 
Systems.--Section 13031(f) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(f)) is amended by adding at 
the end the following:
    ``(6) Of the amounts collected in fiscal year 1999 under paragraphs 
(9) and (10) of subsection (a), $50,000,000 shall be available to the 
Customs Service, subject to appropriations Acts, for automated 
commercial systems. Amounts made available under this paragraph shall 
remain available until expended.''.
    (d) Advisory Committee.--Section 13031 of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c) is amended by adding 
at the end the following:
    ``(k) Advisory Committee.--The Commissioner of Customs shall 
establish an advisory committee whose membership shall consist of 
representatives from the airline, cruise ship, and other transportation 
industries who may be subject to fees under subsection (a). The 
advisory committee shall not be subject to termination under section 14 
of the Federal Advisory Committee Act. The advisory committee shall 
meet on a periodic basis and shall advise the Commissioner on issues 
related to the performance of the inspectional services of the United 
States Customs Service. Such advice shall include, but not be limited 
to, such issues as the time periods during which such services should 
be performed, the proper number and deployment of inspection officers, 
the level of fees, and the appropriateness of any proposed fee. The 
Commissioner shall give consideration to the views of the advisory 
committee in the exercise of his or her duties.''.

SEC. 9. MARKING OF CERTAIN SILK PRODUCTS AND CONTAINERS.

    (a) In General.--Section 304 of the Tariff Act of 1930 (19 U.S.C. 
1304) is amended--
            (1) by redesignating subsections (h), (i), (j), and (k) as 
        subsections (i), (j), (k), and (l), respectively; and
            (2) by inserting after subsection (g) the following new 
        subsection:
    ``(h) Marking of Certain Silk Products.--The marking requirements 
of subsections (a) and (b) shall not apply either to--
            ``(1) articles provided for in subheading 6214.10.10 of the 
        Harmonized Tariff Schedule of the United States, as in effect 
        on January 1, 1997; or
            ``(2) goods provided for in heading 5007 of the Harmonized 
        Tariff Schedule of the United States, as in effect on January 
        1, 1997.''.
    (b) Conforming Amendment.--Section 304(j) of such Act, as 
redesignated by subsection (a)(1) of this section, is amended by 
striking ``subsection (h)'' and inserting ``subsection (i)''.
    (c) Effective Date.--The amendments made by this section apply to 
goods entered, or withdrawn from warehouse for consumption, on or after 
the date of the enactment of this Act.
                                 <all>