[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.