[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Enrolled Bill (ENR)]
H.R.2739
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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 businessinformation 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.