[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 2739

_______________________________________________________________________

                                 AN ACT


 
     To implement the United States-Singapore Free Trade Agreement.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``United States-
Singapore Free Trade Agreement Implementation Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the agreement to United States and State law.
Sec. 103. Consultation and layover provisions for, and effective date 
                            of, proclaimed actions.
Sec. 104. Implementing actions in anticipation of entry into force and 
                            initial regulations.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Arbitration of certain claims.
Sec. 107. Effective dates; effect of termination.
                      TITLE II--CUSTOMS PROVISIONS

Sec. 201. Tariff modifications.
Sec. 202. Rules of origin.
Sec. 203. Customs user fees.
Sec. 204. Disclosure of incorrect information.
Sec. 205. Enforcement relating to trade in textile and apparel goods.
Sec. 206. Regulations.
                     TITLE III--RELIEF FROM IMPORTS

Sec. 301. Definitions.
     Subtitle A--Relief From Imports Benefiting From the Agreement

Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.
Sec. 313. Provision of relief.
Sec. 314. Termination of relief authority.
Sec. 315. Compensation authority.
Sec. 316. Confidential business information.
           Subtitle B--Textile and Apparel Safeguard Measures

Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.
Sec. 323. Period of relief.
Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.
Sec. 326. Termination of relief authority.
Sec. 327. Compensation authority.
Sec. 328. Business confidential information.
       Subtitle C--Cases Under Title II of the Trade Act of 1974

Sec. 331. Findings and action on goods from Singapore.
             TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS

Sec. 401. Nonimmigrant traders and investors.
Sec. 402. Nonimmigrant professionals.

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;
            (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) Agreement.--The term ``Agreement'' means the United 
        States-Singapore Free Trade Agreement approved by Congress 
        under section 101(a).
            (2) HTS.--The term ``HTS'' means the Harmonized Tariff 
        Schedule of the United States.

TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.

    (a) Approval of Agreement and Statement of Administrative Action.--
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority 
Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 
(19 U.S.C. 2191), Congress approves--
            (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) Conditions for Entry Into Force of the Agreement.--At such time 
as the President determines that Singapore has taken measures necessary 
to bring it into compliance with those provisions of the Agreement that 
take effect on the date on which the Agreement enters into force, the 
President is authorized to exchange notes with the Government of 
Singapore providing for the entry into force, on or after January 1, 
2004, of the Agreement for the United States.

SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.

    (a) Relationship of Agreement to United States Law.--
            (1) United states law to prevail in conflict.--No provision 
        of the Agreement, nor the application of any such provision to 
        any person or circumstance, which is inconsistent with any law 
        of the United States shall have effect.
            (2) Construction.--Nothing in this Act shall be construed--
                    (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) Relationship of Agreement to State Law.--
            (1) Legal challenge.--No State law, or the application 
        thereof, may be declared invalid as to any person or 
        circumstance on the ground that the provision or application is 
        inconsistent with the Agreement, except in an action brought by 
        the United States for the purpose of declaring such law or 
        application invalid.
            (2) Definition of state law.--For purposes of this 
        subsection, the term ``State law'' includes--
                    (A) any law of a political subdivision of a State; 
                and
                    (B) any State law regulating or taxing the business 
                of insurance.
    (c) Effect of Agreement With Respect to Private Remedies.--No 
person other than the United States--
            (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) Consultation and Layover Requirements.--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; 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) Effective Date of Certain Proclaimed Actions.--Any action 
proclaimed by the President under the authority of this Act that is not 
subject to the consultation and layover provisions under subsection (a) 
may not take effect before the 15th day after the date on which the 
text of the proclamation is published in the Federal Register.

SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE AND 
              INITIAL REGULATIONS.

    (a) Implementing Actions.--
            (1) Proclamation authority.--After the date of enactment of 
        this Act--
                    (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 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) Waiver of 15-day restriction.--The 15-day restriction 
        in section 103(b) on the taking effect of proclaimed actions is 
        waived to the extent that the application of such restriction 
        would prevent the taking effect on the date the Agreement 
        enters into force of any action proclaimed under this section.
    (b) Initial Regulations.--Initial regulations necessary or 
appropriate to carry out the actions required by or authorized under 
this Act or proposed in the statement of administrative action 
submitted under section 101(a)(2) to implement the Agreement shall, to 
the maximum extent feasible, be issued within 1 year after the date of 
entry into force of the Agreement. In the case of any implementing 
action that takes effect on a date after the date of entry into force 
of the Agreement, initial regulations to carry out that action shall, 
to the maximum extent feasible, be issued within 1 year after such 
effective date.

SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

    (a) Establishment or Designation of Office.--The President is 
authorized to establish or designate within the Department of Commerce 
an office that shall be responsible for providing administrative 
assistance to panels established under chapter 20 of the Agreement. 
Such office may not be considered to be an agency for purposes of 
section 552 of title 5, United States Code.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for each fiscal year after fiscal year 2003 to the 
Department of Commerce such sums as may be necessary for the 
establishment and operations of the office under subsection (a) and for 
the payment of the United States share of the expenses of panels 
established under chapter 20 of the Agreement.

SEC. 106. ARBITRATION OF CERTAIN CLAIMS.

    (a) Submission of Certain Claims.--The United States is authorized 
to resolve any claim against the United States covered by article 
15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement, pursuant 
to the Investor-State Dispute Settlement procedures set forth in 
section C of chapter 15 of the Agreement.
    (b) Contract Clauses.--All contracts executed by any agency of the 
United States on or after the date of entry into force of the Agreement 
shall contain a clause specifying the law that will apply to resolve 
any breach of contract claim.

SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.

    (a) Effective Dates.--Except as provided in subsection (b), the 
provisions of this Act and the amendments made by this Act take effect 
on the date the Agreement enters into force.
    (b) Exceptions.--
            (1) Sections 1 through 3 and this title take effect on the 
        date of enactment of this Act.
            (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) Termination of the Agreement.--On the date on which the 
Agreement ceases to be in force, the provisions of this Act (other than 
this subsection) and the amendments made by this Act shall cease to be 
effective.

                      TITLE II--CUSTOMS PROVISIONS

SEC. 201. TARIFF MODIFICATIONS.

    (a) Tariff Modifications Provided for in the Agreement.--The 
President may proclaim--
            (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) Other Tariff Modifications.--Subject to the consultation and 
layover provisions of section 103(a), the President may proclaim--
            (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) Conversion to Ad Valorem Rates.--For purposes of subsections 
(a) and (b), with respect to any good for which the base rate in the 
Schedule of the United States set forth in Annex 2B of the Agreement is 
a specific or compound rate of duty, the President may substitute for 
the base rate an ad valorem rate that the President determines to be 
equivalent to the base rate.

SEC. 202. RULES OF ORIGIN.

    (a) Originating Goods.--For purposes of this Act and for purposes 
of implementing the tariff treatment provided for under the Agreement, 
except as otherwise provided in this section, a good is an originating 
good if--
            (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) De Minimis Amounts of Nonoriginating Materials.--
            (1) In general.--Except as provided for in paragraphs (2) 
        and (3), a good shall be considered to be an originating good 
        if--
                    (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) Exceptions.--Paragraph (1) does not apply to the 
        following:
                    (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) Goods provided for in chapters 50 through 63 of the 
        hts.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a good provided for in any of chapters 50 through 
                63 of the HTS that is not an originating good because 
                certain fibers or yarns used in the production of the 
                component of the good that determines the tariff 
                classification of the good do not undergo an applicable 
                change in tariff classification set out in Annex 3A of 
                the Agreement shall be considered to be an originating 
                good if the total weight of all such fibers or yarns in 
                that component is not more than 7 percent of the total 
                weight of that component.
                    (B) Certain textile or apparel goods.--
                            (i) Treatment as originating good.--A 
                        textile or apparel good containing elastomeric 
                        yarns in the component of the good that 
                        determines the tariff classification of the 
                        good shall be considered to be an originating 
                        good only if such yarns are wholly formed in 
                        the territory of Singapore or the United 
                        States.
                            (ii) Definition of textile or apparel 
                        good.--For purposes of this subparagraph, the 
                        term ``textile or apparel good'' means a 
                        product 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)).
    (c) Accumulation.--
            (1) Originating goods incorporated in goods of other 
        country.--Originating materials from the territory of either 
        Singapore or the United States that are used in the production 
        of a good in the territory of the other country shall be 
        considered to originate in the territory of the other country.
            (2) Multiple procedures.--A good that is produced in the 
        territory of Singapore, the United States, or both, by 1 or 
        more producers is an originating good if the good satisfies the 
        requirements of subsection (a) and all other applicable 
        requirements of this section.
    (d) Regional Value-Content.--
            (1) In general.--For purposes of subsection (a)(2), the 
        regional value-content of a good referred to in Annex 3A of the 
        Agreement shall be calculated, at the choice of the person 
        claiming preferential tariff treatment for the good, on the 
        basis of the build-down method described in paragraph (2) or 
        the build-up method described in paragraph (3), unless 
        otherwise provided in Annex 3A of the Agreement.
            (2) Build-down method.--
                    (A) In general.--The regional value-content of a 
                good may be calculated on the basis of the following 
                build-down method:

                                 av-vnm

                      rvc = -------- <greek-e> 100

                                   av

                    (B) Definitions.--For purposes of subparagraph (A):
                            (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) Build-up method.--
                    (A) In general.--The regional value-content of a 
                good may be calculated on the basis of the following 
                build-up method:

                                  vom

                      rvc = -------- <greek-e> 100

                                   av

                    (B) Definitions.--For purposes of subparagraph (A):
                            (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) Value of Materials.--
            (1) In general.--For purposes of calculating the regional 
        value-content of a good under subsection (d), and for purposes 
        of applying the de minimis rules under subsection (b), the 
        value of a material is--
                    (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) Further adjustments to the value of materials.--
                    (A) Originating materials.--The following expenses, 
                if not included in the value of an originating material 
                calculated under paragraph (1), may be added to the 
                value of the originating material:
                            (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) Nonoriginating materials.--The following 
                expenses, if included in the value of a nonoriginating 
                material calculated under paragraph (1), may be 
                deducted from the value of the nonoriginating material:
                            (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) Accessories, Spare Parts, or Tools.--
            (1) In general.--Subject to paragraph (2), accessories, 
        spare parts, or tools delivered with the good that form part of 
        the good's standard accessories, spare parts, or tools shall--
                    (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) Conditions.--Paragraph (1) shall apply only if--
                    (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) Fungible Goods and Materials.--
            (1) In general.--
                    (A) Claim for preferential treatment.--A person 
                claiming preferential tariff treatment for a good may 
                claim that a fungible good or material is originating 
                either based on the physical segregation of each 
                fungible good or material or by using an inventory 
                management method.
                    (B) Inventory management method.--In this 
                subsection, the term ``inventory management method'' 
                means--
                            (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) Election of inventory method.--A person selecting an 
        inventory management method under paragraph (1) for particular 
        fungible goods or materials shall continue to use that method 
        for those fungible goods or materials throughout the fiscal 
        year of that person.
    (h) Packaging Materials and Containers for Retail Sale.--Packaging 
materials and containers in which a good is packaged for retail sale, 
if classified with the good, shall 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 3A of the Agreement and, if the good is subject to a regional 
value-content requirement, the value of such packaging materials and 
containers shall be taken into account as originating or nonoriginating 
materials, as the case may be, in calculating the regional value-
content of the good.
    (i) Packing Materials and Containers for Shipment.--Packing 
materials and containers in which a good is packed for shipment shall 
be disregarded in determining whether--
            (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) Indirect Materials.--An indirect material shall be considered 
to be an originating material without regard to where it is produced, 
and its value shall be the cost registered in the accounting records of 
the producer of the good.
    (k) Third Country Operations.--A good shall not be considered to be 
an originating good by reason of having undergone production that 
satisfies the requirements of subsection (a) if, subsequent to that 
production, the good undergoes further production or any other 
operation outside the territories of Singapore and the United States, 
other than unloading, reloading, or any other operation necessary to 
preserve it in good condition or to transport the good to the territory 
of Singapore or the United States.
    (l) Special Rule for Apparel Goods Listed in Chapter 61 or 62 of 
the HTS.--
            (1) In general.--An apparel good listed in chapter 61 or 62 
        of the HTS shall be considered to be an originating good if it 
        is both cut (or knit to shape) and sewn or otherwise assembled 
        in the territory of Singapore, the United States, or both, from 
        fabric or yarn, regardless of origin, designated in the manner 
        described in paragraph (2) as fabric or yarn not available in 
        commercial quantities in a timely manner in the United States.
            (2) Designation of certain fabric and yarn.--The 
        designation referred to in paragraph (1) means a designation 
        made in a notice published in the Federal Register on or before 
        November 15, 2002, identifying apparel goods made from fabric 
        or yarn eligible for entry into the United States under 
        subheading 9819.11.24 or 9820.11.27 of the HTS. For purposes of 
        this subsection, a reference in the notice to fabric or yarn 
        formed in the United States is deemed to include fabric or yarn 
        formed in Singapore.
    (m) Application and Interpretation.--In this section:
            (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) Definitions.--In this section:
            (1) Adjusted value.--The term ``adjusted value'' means the 
        value of a good determined under articles 1 through 8, article 
        15, and the corresponding interpretative 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, except that such value may be 
        adjusted to exclude any costs, charges, or expenses incurred 
        for transportation, insurance, and related services incident to 
        the international shipment of the good from the country of 
        exportation to the place of importation.
            (2) Fungible goods and fungible materials.--The terms 
        ``fungible goods'' and ``fungible materials'' mean goods or 
        materials, as the case may be, that are interchangeable for 
        commercial purposes and the properties of which are essentially 
        identical.
            (3) Generally accepted accounting principles.--The term 
        ``generally accepted accounting principles'' means the 
        recognized consensus or substantial authoritative support in 
        the territory of Singapore or the United States, as the case 
        may be, with respect to the recording of revenues, expenses, 
        costs, and assets and liabilities, the disclosure of 
        information, and the preparation of financial statements. The 
        standards may encompass broad guidelines of general application 
        as well as detailed standards, practices, and procedures.
            (4) Goods wholly obtained or produced entirely in the 
        territory of singapore, the united states, or both.--The term 
        ``goods wholly obtained or produced entirely in the territory 
        of Singapore, the United States, or both'' means--
                    (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) Harmonized system.--The term ``Harmonized System'' 
        means the Harmonized Commodity Description and Coding System.
            (6) Indirect material.--The term ``indirect material'' 
        means a good used in the production, testing, or inspection of 
        a good but not physically incorporated into the good, or a good 
        used in the maintenance of buildings or the operation of 
        equipment associated with the production of a good, including--
                    (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) Material.--The term ``material'' means a good that is 
        used in the production of another good.
            (8) Material that is self-produced.--The term ``material 
        that is self-produced'' means a material, such as a part or 
        ingredient, produced by a producer of a good and used by the 
        producer in the production of another good.
            (9) Nonoriginating material.--The term ``nonoriginating 
        material'' means a material that does not qualify as an 
        originating good under the rules set out in this section.
            (10) Preferential tariff treatment.--The term 
        ``preferential tariff treatment'' means the customs duty rate 
        that is applicable to an originating good pursuant to chapter 2 
        of the Agreement.
            (11) Producer.--The term ``producer'' means a person who 
        grows, raises, mines, harvests, fishes, traps, hunts, 
        manufactures, processes, assembles, or disassembles a good.
            (12) Production.--The term ``production'' means growing, 
        mining, harvesting, fishing, raising, trapping, hunting, 
        manufacturing, processing, assembling, or disassembling a good.
            (13) Recovered goods.--
                    (A) In general.--The term ``recovered goods'' means 
                materials in the form of individual parts that are the 
                result of--
                            (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) Processes.--The processes referred to in 
                subparagraph (A)(ii) are welding, flame spraying, 
                surface machining, knurling, plating, sleeving, and 
                rewinding.
            (14) Remanufactured good.--The term ``remanufactured good'' 
        means an industrial good assembled in the territory of 
        Singapore or the United States, that is listed in Annex 3C of 
        the Agreement, and--
                    (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) Territory.--The term ``territory'' has the meaning 
        given that term in Annex 1A of the Agreement.
            (16) Used.--The term ``used'' means used or consumed in the 
        production of goods.
    (o) Presidential Proclamation Authority.--
            (1) In general.--The President is authorized to proclaim, 
        as part of the HTS--
                    (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) Modifications.--
                    (A) In general.--Subject to the consultation and 
                layover provisions of section 103(a), the President may 
                proclaim modifications to the provisions proclaimed 
                under the authority of paragraph (1)(A), other than--
                            (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) Additional proclamations.--Notwithstanding 
                subparagraph (A), and subject to the consultation and 
                layover provisions of section 103(a), the President may 
                proclaim--
                            (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, 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.

    Section 13031(b) of the Consolidated Omnibus Budget Reconciliation 
Act of 1985 (19 U.S.C. 58c(b)) is amended by inserting after paragraph 
(12) the following:
            ``(13) No fee may be charged under subsection (a) (9) or 
        (10) with respect to goods that qualify as originating goods 
        under section 202 of the United States-Singapore Free Trade 
        Agreement Implementation Act. Any service for which an 
        exemption from such fee is provided by reason of this paragraph 
        may not be funded with money contained in the Customs User Fee 
        Account.''.

SEC. 204. DISCLOSURE OF INCORRECT INFORMATION.

    Section 592(c) of the Tariff Act of 1930 (19 U.S.C. 1592(c)) is 
amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) Prior disclosure regarding claims under the united 
        states-singapore free trade agreement.--
                    ``(A) An importer shall not be subject to penalties 
                under subsection (a) for making an incorrect claim that 
                a good qualifies as an originating good under section 
                202 of the United States-Singapore Free Trade Agreement 
                Implementation Act if the importer, in accordance with 
                regulations issued by the Secretary of the Treasury, 
                voluntarily and promptly makes a corrected declaration 
                and pays any duties owing.
                    ``(B) In the regulations referred to in 
                subparagraph (A), the Secretary of the Treasury is 
                authorized to prescribe time periods for making a 
                corrected declaration and paying duties owing under 
                subparagraph (A), if such periods are not shorter than 
                1 year following the date on which the importer makes 
                the incorrect claim that a good qualifies as an 
                originating good.''.

SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND APPAREL GOODS.

    (a) Denial of Permission To Conduct Site Visits.--
            (1) In general.--Subject to paragraph (2), if the Secretary 
        of the Treasury proposes to conduct a site visit at an 
        enterprise registered under article 5.3 of the Agreement, and 
        responsible officials of the enterprise do not consent to the 
        proposed visit, the President may exclude from the customs 
        territory of the United States textile and apparel goods 
        produced or exported by that enterprise.
            (2) Termination of exclusion.--An exclusion of textile and 
        apparel goods produced or exported by an enterprise under 
        paragraph (1) shall terminate when the President determines 
        that the enterprise's production of, and capability to produce, 
        the goods are consistent with statements by the enterprise that 
        textile or apparel goods the enterprise produces or has 
        produced are originating goods or products of Singapore, as the 
        case may be.
    (b) Knowing or Willful Circumvention.--
            (1) In general.--If the President finds that an enterprise 
        of Singapore has knowingly or willfully engaged in 
        circumvention, the President may exclude from the customs 
        territory of the United States textile and apparel goods 
        produced or exported by the enterprise. An exclusion under this 
        paragraph may be imposed on the date beginning on the date a 
        finding of knowing or willful circumvention is made and shall 
        be in effect for a period not longer than the applicable period 
        described in paragraph (2).
            (2) Time periods.--
                    (A) First finding.--With respect to a first finding 
                under paragraph (1), the applicable period is 6 months.
                    (B) Second finding.--With respect to a second 
                finding under paragraph (1), the applicable period is 2 
                years.
                    (C) Third and subsequent finding.--With respect to 
                a third or subsequent finding under paragraph (1), the 
                applicable period is 2 years. If, at the time of a 
                third or subsequent finding, an exclusion is in effect 
                as a result of a previous finding, the 2-year period 
applicable to the third or subsequent finding shall begin on the day 
after the day on which the previous exclusion terminates.
    (c) Certain Other Instances of Circumvention.--If the President 
consults with Singapore pursuant to article 5.8 of the Agreement, the 
consultations fail to result in a mutually satisfactory solution to the 
matters at issue, and the President presents to Singapore clear 
evidence of circumvention under the Agreement, the President may--
            (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) Definitions.--In this section:
            (1) General definitions.--The terms ``circumvention'', 
        ``preferential tariff treatment'', ``principal'', and ``textile 
        and apparel goods'' have the meanings given such terms in 
        chapter 5 of the Agreement.
            (2) Enterprise.--The term ``enterprise'' has the meaning 
        given that term in article 1.2.3 of the Agreement.

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) Commission.--The term ``Commission'' means the United 
        States International Trade Commission.
            (2) Singaporean article.--The term ``Singaporean article'' 
        means an article that qualifies as an originating good under 
        section 202(a) of this Act.
            (3) Singaporean textile or apparel article.--The term 
        ``Singaporean textile or apparel article'' means an article--
                    (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) Filing of Petition.--
            (1) In general.--A petition requesting action under this 
        subtitle for the purpose of adjusting to the obligations of the 
        United States under the Agreement may be filed with the 
        Commission by an entity, including a trade association, firm, 
        certified or recognized union, or group of workers, that is 
        representative of an industry. The Commission shall transmit a 
        copy of any petition filed under this subsection to the United 
        States Trade Representative.
            (2) Provisional relief.--An entity filing a petition under 
        this subsection may request that provisional relief be provided 
        as if the petition had been filed under section 202(a) of the 
        Trade Act of 1974 (19 U.S.C. 2252(a)).
            (3) Critical circumstances.--Any allegation that critical 
        circumstances exist shall be included in the petition.
    (b) Investigation and Determination.--Upon the filing of a petition 
under subsection (a), the Commission, unless subsection (d) applies, 
shall promptly initiate an investigation to determine whether, as a 
result of the reduction or elimination of a duty provided for under the 
Agreement, a Singaporean article is being imported into the United 
States in such increased quantities, in absolute terms or relative to 
domestic production, and under such conditions that imports of the 
Singaporean article constitute a substantial cause of serious injury or 
threat thereof to the domestic industry producing an article that is 
like, or directly competitive with, the imported article.
    (c) Applicable Provisions.--The following provisions of section 202 
of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any 
investigation initiated under subsection (b):
            (1) Paragraphs (1)(B) and (3) of subsection (b).
            (2) Subsection (c).
            (3) Subsection (d).
            (4) Subsection (i).
    (d) Articles Exempt From Investigation.--No investigation may be 
initiated under this section with respect to any Singaporean article 
if, after the date that the Agreement enters into force, import relief 
has been provided with respect to that Singaporean article under--
            (1) this subtitle;
            (2) subtitle B;
            (3) chapter 1 of title II of the Trade Act of 1974;
            (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) Determination.--Not later than 120 days (180 days if critical 
circumstances have been alleged) after the date on which an 
investigation is initiated under section 311(b) with respect to a 
petition, the Commission shall make the determination required under 
that section.
    (b) Applicable Provisions.--For purposes of this subtitle, the 
provisions of paragraphs (1), (2), and (3) of section 330(d) of the 
Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be 
applied with respect to determinations and findings made under this 
section as if such determinations and findings were made under section 
202 of the Trade Act of 1974 (19 U.S.C. 2252).
    (c) Additional Finding and Recommendation if Determination 
Affirmative.--If the determination made by the Commission under 
subsection (a) with respect to imports of an article is affirmative, or 
if the President may consider a determination of the Commission to be 
an affirmative determination as provided for under paragraph (1) of 
section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)), the 
Commission shall find, and recommend to the President in the report 
required under subsection (d), the amount of import relief that is 
necessary to remedy or prevent the injury found by the Commission in 
the determination and to facilitate the efforts of the domestic 
industry to make a positive adjustment to import competition. The 
import relief recommended by the Commission under this subsection shall 
be limited to the relief described in section 313(c). Only those 
members of the Commission who voted in the affirmative under subsection 
(a) are eligible to vote on the proposed action to remedy or prevent 
the injury found by the Commission. Members of the Commission who did 
not vote in the affirmative may submit, in the report required under 
subsection (d), separate views regarding what action, if any, should be 
taken to remedy or prevent the injury.
    (d) Report to President.--Not later than the date that is 30 days 
after the date on which a determination is made under subsection (a) 
with respect to an investigation, the Commission shall submit to the 
President a report that includes--
            (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) Public Notice.--Upon submitting a report to the President under 
subsection (d), the Commission shall promptly make public such report 
(with the exception of information which the Commission determines to 
be confidential) and shall cause a summary thereof to be published in 
the Federal Register.

SEC. 313. PROVISION OF RELIEF.

    (a) In General.--Not later than the date that is 30 days after the 
date on which the President receives the report of the Commission in 
which the Commission's determination under section 312(a) is 
affirmative, or which contains a determination under section 312(a) 
that the President considers to be affirmative under paragraph (1) of 
section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), the 
President, subject to subsection (b), shall provide relief from imports 
of the article that is the subject of such determination to the extent 
that the President determines necessary to remedy or prevent the injury 
found by the Commission and to facilitate the efforts of the domestic 
industry to make a positive adjustment to import competition.
    (b) Exception.--The President is not required to provide import 
relief under this section if the President determines that the 
provision of the import relief will not provide greater economic and 
social benefits than costs.
    (c) Nature of Relief.--
            (1) In general.--The import relief (including provisional 
        relief) that the President is authorized to provide under this 
        section with respect to imports of an article is as follows:
                    (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.
                    (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) Progressive liberalization.--If the period for which 
        import relief is provided under this section is greater than 1 
        year, the President shall provide for the progressive 
        liberalization (described in article 7.28 of the Agreement) of 
        such relief at regular intervals during the period of its 
        application.
    (d) Period of Relief.--
            (1) In general.--Subject to paragraph (2), the import 
        relief that the President is authorized to provide under this 
        section may not exceed 2 years.
            (2) Extension.--
                    (A) In general.--Subject to subparagraph (C), the 
                President, after receiving an affirmative determination 
                from the Commission under subparagraph (B), may extend 
                the effective period of any import relief provided 
                under this section if the President determines that--
                            (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) Action by commission.--
                            (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) Period of import relief.--The effective period 
                of any import relief imposed under this section, 
                including any extensions thereof, may not, in the 
                aggregate, exceed 4 years.
    (e) Rate After Termination of Import Relief.--When import relief 
under this section 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.
    (f) Articles Exempt From Relief.--No import relief may be provided 
under this section on any article that has been subject to import 
relief, after the entry into force of the Agreement, under--
            (1) this subtitle;
            (2) subtitle B;
            (3) chapter 1 of title II of the Trade Act of 1974;
            (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) General Rule.--No import relief may be provided under this 
subtitle after the date that is 10 years after the date on which the 
Agreement enters into force.
    (b) Exception.--Import relief may be provided under this subtitle 
in the case of a Singaporean article after the date on which such 
relief would, but for this subsection, terminate under subsection (a), 
if the President determines that Singapore has consented to such 
relief.

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.

SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

    Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) 
is amended in the first sentence--
            (1) by striking ``and''; and
            (2) by inserting before the period at the end ``, and title 
        III of the United States-Singapore Free Trade Agreement 
        Implementation Act''.

           Subtitle B--Textile and Apparel Safeguard Measures

 SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

    (a) In General.--A request under this subtitle for the purpose of 
adjusting to the obligations of the United States under the Agreement 
may be filed with the President by an interested party. Upon the filing 
of a request, the President shall review the request to determine, from 
information presented in the request, whether to commence consideration 
of the request.
    (b) Publication of Request.--If the President determines that the 
request under subsection (a) provides the information necessary for the 
request to be considered, the President shall cause to be published in 
the Federal Register a notice of commencement of consideration of the 
request, and notice seeking public comments regarding the request. The 
notice shall include the request and the dates by which comments and 
rebuttals must be received.

SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

    (a) Determination.--
            (1) In general.--Pursuant to a request made by an 
        interested party, the President shall determine whether, as a 
        result of the reduction or elimination of a duty under the 
        Agreement, a Singaporean textile or apparel article is being 
        imported into the United States in such increased quantities, 
        in absolute terms or relative to the domestic market for that 
        article, and under such conditions that imports of the 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.
            (2) Serious damage.--In making a determination under 
        paragraph (1), the President--
                    (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) Substantial cause.--For purposes of this subsection, 
        the term ``substantial cause'' means a cause that is important 
        and not less than any other cause.
    (b) Provision of Relief.--
            (1) In general.--If a determination under subsection (a) is 
        affirmative, the President may provide relief from imports of 
        the article that is the subject of such determination, as 
        described in paragraph (2), to the extent that the President 
        determines necessary to remedy or prevent the serious damage 
        and to facilitate adjustment by the domestic industry.
            (2) Nature of relief.--The relief that the President is 
        authorized to provide under this subsection with respect to 
        imports of an article is--
                    (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.

SEC. 323. PERIOD OF RELIEF.

    (a) In General.--Subject to subsection (b), the import relief that 
the President is authorized to provide under section 322 may not exceed 
2 years.
    (b) Extension.--
            (1) In general.--Subject to paragraph (2), the President 
        may extend the effective period of any import relief provided 
        under this subtitle if the President determines that--
                    (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) Limitation.--The effective period of any action under 
        this subtitle, including any extensions thereof, may not, in 
        the aggregate, exceed 4 years.

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.

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) Effect of Imports.--If, in any investigation initiated under 
chapter 1 of title II of the Trade Act of 1974, the Commission makes an 
affirmative determination (or a determination which the President may 
treat as an affirmative determination under such chapter by reason of 
section 330(d) of the Tariff Act of 1930), the Commission shall also 
find (and report to the President at the time such injury determination 
is submitted to the President) whether imports of the article from 
Singapore are a substantial cause of serious injury or threat thereof.
    (b) Presidential Determination Regarding Singaporean Imports.--In 
determining the nature and extent of action to be taken under chapter 1 
of title II of the Trade Act of 1974, the President shall determine 
whether imports from Singapore are a substantial cause of the serious 
injury or threat thereof found by the Commission and, if such 
determination is in the negative, may exclude from such action imports 
from Singapore.

             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.

    Section 214(g)(8) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(8)) is amended--
            (1) by amending subparagraph (A) to read as follows:
    ``(8)(A) The agreements referred to in section 101(a)(15)(H)(i)(b1) 
are--
            ``(i) the United States-Chile Free Trade Agreement; and
            ``(ii) the United States-Singapore Free Trade Agreement.''; 
        and
            (2) by amending subparagraph (B)(ii) to read as follows:
    ``(ii) The annual numerical limitations described in clause (i) 
shall not exceed--
            ``(I) 1,400 for nationals of Chile (as defined in article 
        14.9 of the United States-Chile Free Trade Agreement) for any 
        fiscal year; and
            ``(II) 5,400 for nationals of Singapore (as defined in 
        Annex 1A of the United States-Singapore Free Trade Agreement) 
        for any fiscal year.''.

            Passed the House of Representatives July 24, 2003.

            Attest:

                                                                 Clerk.
108th CONGRESS

  1st Session

                               H. R. 2739

_______________________________________________________________________

                                 AN ACT

     To implement the United States-Singapore Free Trade Agreement.