[Congressional Record Volume 142, Number 114 (Tuesday, July 30, 1996)]
[House]
[Pages H8673-H8679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TECHNICAL CORRECTIONS AND MISCELLANEOUS AMENDMENTS TO TRADE LAWS
Mr. CRANE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3815) to make technical corrections and miscellaneous amendments
to trade laws, as amended.
The Clerk read as follows:
H.R. 3815
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PAYMENT OF DUTIES AND FEES.
(a) Interest Accrual.--Section 505(c) of the Tariff Act of
1930 (19 U.S.C. 1505(c)) is amended in the second sentence by
inserting after ``duties, fees, and interest'' the following:
``or, in a case in which a claim is made under section
520(d), from the date on which such claim is made,''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to claims made pursuant to section 520(d) of the
Tariff Act of 1930 on or after April 25, 1995.
SEC. 2. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Examination of Books and Witnesses.--Section 509(a)(2)
of the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)) is amended
by striking ``(c)(1)(A)'' and inserting ``(d)(1)(A)''.
(b) Requirement for Certificate for Importation of
Alcoholic Liquors in Small Vessels.--Section 7 of the Act of
August 5, 1935 (19 U.S.C. 1707; 49 Stat. 520), is repealed.
(c) Penalties for Certain Violations.--Section 592 of the
Tariff Act of 1930 (19 U.S.C. 1592) is amended--
(1) in subsection (a)(1), by striking ``lawful duty'' and
inserting ``lawful duty, tax, or fee''; and
(2) in subsections (b)(1)(A)(vi), (c)(2)(A)(ii),
(c)(3)(A)(ii), (c)(4)(A)(i), and (c)(4)(B) by striking
``lawful duties'' each place it appears and inserting
``lawful duties, taxes, and fees''.
(d) Deprivation of Lawful Duties, Taxes, or Fees.--Section
592(d) of the Tariff Act of 1930 (19 U.S.C. 1592(d)) is
amended by striking ``or fees be restored'' and inserting
``and fees be restored''.
(e) Reconciliation Treated as Entry for Recordkeeping.--
(1) Section 401(s) of the Tariff Act of 1930 (19 U.S.C.
1401(s)) is amended by inserting ``recordkeeping,'' after
``reliquidation,''.
(2) Section 508(c)(1) of such Act (19 U.S.C. 1508(c)(1)) is
amended by inserting ``, filing of a reconciliation,'' after
``entry''.
(f) Extension of Liquidation.--Section 504(d) of the Tariff
Act of 1930 (19 U.S.C. 1504(d)) is amended by inserting ``,
unless liquidation is extended under subsection (b),'' after
``shall liquidate the entry''.
(g) Exemption From Duty for Personal and Household Goods
Accompanying Returning Residents.--Section 321(a)(2)(B) of
the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(B)) is amended
by inserting ``, 9804.00.65,'' after ``9804.00.30''.
(h) Debt Collection.--Section 631(a) of the Tariff Act of
1930 (19 U.S.C. 1631(a)) is amended--
(1) by inserting after ``law,'' the following: ``including
section 3302 of title 31, United States Code, and subchapters
I and II of chapter 37 of such title,''; and
(2) by inserting ``and the expenses associated with
recovering such indebtedness,'' after ``Government,''.
(i) Examination of Books and Witnesses.--Section 509(b) of
the Tariff Act of 1930 (19 U.S.C. 1509(b)) is amended in
paragraphs (3) and (4) by striking ``appropriate regional
commissioner'' and inserting ``officer designated pursuant to
regulations''.
(j) Review of Protests.--Section 515(d) of the Tariff Act
of 1930 (19 U.S.C. 1515(d)) is amended by striking ``district
director'' and inserting ``port director''.
(k) Effective Date.--The amendments made by this section
apply as of December 8, 1993.
[[Page H8674]]
SEC. 3. CLARIFICATION REGARDING THE APPLICATION OF CUSTOMS
USER FEES.
(a) In General.--Subparagraph (D) of section 13031(b)(8) of
the Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(8)(D)) is amended--
(1) in clause (iv)--
(A) by striking ``subparagraph 9802.00.80 of such
Schedules'' and inserting ``heading 9802.00.80 of such
Schedule''; and
(B) by striking ``and'' at the end of clause (iv);
(2) by striking the period at the end of clause (v) and
inserting ``; and''; and
(3) by inserting after clause (v) the following new clause:
``(vi) in the case of merchandise entered from a foreign
trade zone (other than merchandise to which clause (v)
applies), be applied only to the value of the privileged or
nonprivileged foreign status merchandise under section 3 of
the Act of June 18, 1934 (commonly known as the Foreign Trade
Zones Act, 19 U.S.C. 81c).''.
(b) Effective Date.--The amendments made by subsection (a)
apply to--
(1) any entry made from a foreign trade zone on or after
the 15th day after the date of the enactment of this Act; and
(2) any entry made from a foreign trade zone after November
30, 1986, and before such 15th day if liquidation of the
entry was not final before such 15th day.
(c) Application of Fees to Certain Agricultural Products.--
The amendment made by section 111(b)(2)(D)(iv) of the Customs
and Trade Act of 1990 shall apply to--
(1) any entry made from a foreign trade zone on or after
the 15th day after the date of the enactment of this Act; and
(2) any entry made from a foreign trade zone after November
30, 1986, and before such 15th day if the liquidation of the
entry was not final before such 15th day.
SEC. 4. TECHNICAL AMENDMENT TO THE CUSTOMS AND TRADE ACT OF
1990.
Subsection (b) of section 484H of the Customs and Trade Act
of 1990 (19 U.S.C. 1553 note) is amended by striking ``, or
withdrawn from warehouse for consumption,'' and inserting
``for transportation in bond''.
SEC. 5. CLARIFICATION OF FEES FOR CERTAIN CUSTOMS SERVICES.
(a) In General.--Section 13031(b)(9)(A) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(b)(9)(A)) is amended--
(1) by striking ``centralized hub facility or'' in clause
(i); and
(2) in clause (ii)--
(A) by striking ``facility--'' and inserting ``facility or
centralized hub facility--'',
(B) by striking ``customs inspectional'' in subclause (I),
and
(C) by striking ``at the facility'' in subclause (I) and
inserting ``for the facility''.
(b) Definitions.--Section 13031(b)(9)(B)(i) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(9)(B)(i)) is amended--
(1) by striking ``, as in effect on July 30, 1990'', and
(2) by adding at the end thereof the following new
sentence: ``Nothing in this paragraph shall be construed as
prohibiting the Secretary of the Treasury from processing
merchandise that is informally entered or released at any
centralized hub facility or express consignment carrier
facility during the normal operating hours of the Customs
Service, subject to reimbursement and payment under
subparagraph (A).''.
(c) Citation.--Section 13031(b)(9)(B)(ii) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(9)(B)(ii)) is amended by striking ``section 236
of the Tariff and Trade Act of 1984'' and inserting ``section
236 of the Trade and Tariff Act of 1984''.
SEC. 6. SPECIAL RULE FOR EXTENDING TIME FOR FILING DRAWBACK
CLAIMS.
Section 313(r) of the Tariff Act of 1930 (19 U.S.C.
1313(r)) is amended by adding at the end the following:
``(3)(A)(i) Subject to clause (ii), the Customs Service
may, notwithstanding the limitation set forth in paragraph
(1), extend the time for filing a drawback claim for a period
not to exceed 18 months, if--
``(I) the claimant establishes to the satisfaction of the
Customs Service that the claimant was unable to file the
drawback claim because of an event declared by the President
to be a major disaster on or after January 1, 1994; and
``(II) the claimant files a request for such extension with
the Customs Service within one year from the last day of the
3-year period referred to in paragraph (1).
``(ii) In the case of a major disaster occurring on or
after January 1, 1994, and before the date of the enactment
of this paragraph--
``(I) the Customs Service may extend the time for filing
the drawback claim for a period not to exceed 1 year; and
``(II) the request under clause (i)(II) must be filed not
later than 1 year from the date of the enactment of this
paragraph.
``(B) If an extension is granted with respect to a request
filed under this paragraph, the periods of time for retaining
records set forth in subsection (t) of this section and
section 508(c)(3) shall be extended for an additional 18
months or, in a case to which subparagraph (A)(ii) applies,
for a period not to exceed 1 year from the date the claim is
filed.
``(C) For purposes of this paragraph, the term `major
disaster' has the meaning given that term in section 102(2)
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)).''.
SEC. 7. TREATMENT OF CERTAIN ENTRIES.
(a) Liquidation or Reliquidation of Entries.--
Notwithstanding sections 514 and 520 of the Tariff Act of
1930 (19 U.S.C. 1514 and 1520), and any other provision of
law, the United States Customs Service shall liquidate or
reliquidate those entry numbers made at New York, New York,
which are listed in subsection (c), in accordance with the
final results of the administrative review, covering the
period from May 1, 1984, through March 31, 1985, undertaken
by the International Trade Administration of the Department
of Commerce for such entries (case number A-580-008).
(b) Payment of Amounts Owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
an entry under subsection (a) shall be paid by the Customs
Service within 90 days after such liquidation or
reliquidation.
(c) Entry List.--The entries referred to in subsection (a)
are the following:
Entry Number Date of Entry
84-4426808............................... August 29, 1984
84-4427823............................... September 4, 1984
84-4077985............................... July 25, 1984
84-4080859............................... August 3, 1984
84-4080817............................... August 3, 1984
84-4077723............................... August 1, 1984
84-4075194............................... July 10, 1984
84-4076481............................... July 17, 1984
84-4080930............................... August 9, 1984.
SEC. 8. TEMPORARY DUTY SUSPENSION FOR PERSONAL EFFECTS OF
PARTICIPANTS IN CERTAIN WORLD ATHLETIC EVENTS.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
``9902.98.05.. Any of the following
articles not intended
for sale or
distribution to the
public: personal
effects of aliens who
are participants in,
officials of, or
accredited members of
delegations to, the
1998 Goodwill Games,
and of persons who are
immediate family
members of or servants
to any of the foregoing
persons; equipment and
materials imported in
connection with the
foregoing event by or
on behalf of the
foregoing persons or
the organizing
committee of such
event; articles to be
used in exhibitions
depicting the culture
of a country
participating in such
event; and, if
consistent with the
foregoing, such other
articles as the
Secretary of the
Treasury may allow..... Free No change Free On or before
2/1/99''.
(b) Taxes and Fees Not To Apply.--The articles described in
heading 9902.98.05 of the Harmonized Tariff Schedule of the United
States (as added by subsection (a)) shall be free of taxes and
fees which may be otherwise applicable.
(c) Effective Date.--The amendment made by this section applies
to articles entered, or withdrawn from warehouse for consumption,
on or after the 15th day after the date of the enactment of this
Act.
SEC. 9. MISCELLANEOUS TECHNICAL CORRECTION.
Section 313(s)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1313(s)(2)(B)) is amended by striking ``successor'' the first
place it appears and inserting ``predecessor''.
SEC. 10. URUGUAY ROUND AGREEMENTS ACT.
Section 405(b) of the Uruguay Round Agreements Act (19 U.S.C.
3602(b)) is amended--
(1) in paragraph (1) by striking ``1(a)'' and inserting
``1(b)''; and
(2) in paragraph (2) by striking ``1(b)'' and inserting
``1(a)''.
SEC. 11. FEES FOR CERTAIN CUSTOMS SERVICES.
(a) In General.--Section 13031(a)(5) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) is
amended--
(1) in subparagraph (A), by inserting ``a place'' after
``aircraft from''; and
(2) in subparagraph (B), by striking ``subsection (b)(1)(A)''
and inserting ``subsection (b)(1)(A)(i)''.
(b) Limitation on Fees.--Section 13031(b)(1) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(1)) is
amended to read as follows:
``(b) Limitations on Fees.--(1)(A) No fee may be charged under
subsection (a) of this section for customs services provided in
connection with--
``(i) the arrival of any passenger whose journey--
``(I) originated in--
``(aa) Canada,
``(bb) Mexico,
``(cc) a territory or possession of the United States, or
``(dd) any adjacent island (within the meaning of section
101(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(5))), or
[[Page H8675]]
``(II) originated in the United States and was limited to--
``(aa) Canada,
``(bb) Mexico,
``(cc) territories and possessions of the United States, and
``(dd) such adjacent islands;
``(ii) the arrival of any railroad car the journey of which
originates and terminates in the same country, but only if no
passengers board or disembark from the train and no cargo is
loaded or unloaded from such car while the car is within any
country other than the country in which such car originates and
terminates;
``(iii) the arrival of any ferry; or
``(iv) the arrival of any passenger on board a commercial vessel
traveling only between ports which are within the customs
territory of the United States.
``(B) The exemption provided for in subparagraph (A) shall not
apply in the case of the arrival of any passenger on board a
commercial vessel whose journey originates and terminates at the
same place in the United States if there are no intervening stops.
``(C) The exemption provided for in subparagraph (A)(i) shall
not apply to fiscal years 1994, 1995, 1996, and 1997.''.
(c) Fee Assessed Only Once.--Section 13031(b)(4) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(b)(4)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(2) by striking ``No fee'' and inserting ``(A) No fee''; and
(3) by adding at the end the following new subparagraph:
``(B) In the case of a commercial vessel making a single voyage
involving 2 or more United States ports with respect to which the
passengers would otherwise be charged a fee pursuant to subsection
(a)(5), such fee shall be charged only 1 time for each
passenger.''.
(d) Effective Date.--The amendments made by this section shall
take effect as if included in the amendments made by section 521
of the North American Free Trade Agreement Implementation Act.
SEC. 12. TECHNICAL CORRECTION TO CERTAIN CHEMICAL DESCRIPTION.
(a) Amendment to Subheading 2933.90.02.--The article description
for subheading 2933.90.02 of the Harmonized Tariff Schedule of the
United States is amended by striking ``(Quizalofop ethyl)''.
(b) Effective Date.--
(1) General rule.--The amendment made by this section applies to
articles entered, or withdrawn from warehouse for consumption, on
or after the 15th day after the date of the enactment of this Act.
(2) Retroactive provision.--Notwithstanding section 514 of the
Tariff Act of 1930 or any other provision of law, upon proper
request (which includes sufficient information to identify and
locate the entry) filed with the Customs Service on or before the
date that is 180 days after the date of the enactment of this Act,
any entry, or withdrawal from warehouse for consumption, of an
article that occurred--
(A) after December 31, 1994, and before the date that is 15 days
after the date of the enactment of this Act, and
(B) with respect to which there would have been no duty or a
lesser duty if the amendment made by subsection (a) applied to
such entry or withdrawal,
shall be liquidated or reliquidated as though such amendment
applied to such entry or withdrawal.
SEC. 13. MARKING OF IMPORTED ARTICLES AND CONTAINERS.
(a) In General.--Section 304 of the Tariff Act of 1930 (19
U.S.C. 1304) is amended--
(1) by redesignating subsections (f), (g), (h), and (i) as
subsections (h), (i), (j), and (k), respectively, and
(2) by inserting after subsection (e) the following new
subsections:
``(f) Marking of Certain Coffee and Tea Products.--The marking
requirements of subsections (a) and (b) shall not apply to
articles described in subheadings 0901.21, 0901.22, 0902.10,
0902.20, 0902.30, 0902.40, 2101.10, and 2101.20 of the Harmonized
Tariff Schedule of the United States, as in effect on January 1,
1995.
``(g) Marking of Spices.--The marking requirements of
subsections (a) and (b) shall not apply to articles provided for
under subheadings 0904.11, 0904.12, 0904.20, 0905.00, 0906.10,
0906.20, 0907.00, 0908.10, 0908.20, 0908.30, 0909.10, 0909.20,
0909.30, 0909.40, 0909.50, 0910.10, 0910.20, 0910.30, 0910.40,
0910.50, 0910.91, 0910.99, 1106.20, 1207.40, 1207.50, 1207.91,
1404.90, and 3302.10, and items classifiable in categories
0712.90.60, 0712.90.8080, 1209.91.2000, 1211.90.2000,
1211.90.8040, 1211.90.8050, 1211.90.8090, 2006.00.3000,
2918.13.2000, 3203.00.8000, 3301.90.1010, 3301.90.1020, and
3301.90.1050 of the Harmonized Tariff Schedule of the United
States, as in effect on January 1, 1995.''.
(b) Effective Date.--The amendments made by this section apply
to goods entered, or withdrawn from warehouse for consumption, on
or after the date of the enactment of this Act.
SEC. 14. RELIQUIDATING ENTRY OF WARP KNITTING MACHINES.
Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C.
1514) or any other provision of law, upon proper request filed
with the Customs Service before the 180th day after the date of
the enactment of this Act, the Secretary of the Treasury shall--
(1) liquidate or reliquidate as duty free Entry No. 100-3022436-
3, made on July 12, 1989, at the port of Charleston, South
Carolina; and
(2) refund any duties and interest paid with respect to such
entry.
SEC. 15. INJURY DETERMINATIONS FOR CERTAIN COUNTERVAILING DUTY
ORDERS.
(a) In General.--Section 753 of the Tariff Act of 1930 (19
U.S.C. 1675b) is amended--
(1) by inserting ``or section 701(c)'' after ``section 303''
each place it appears in the section heading and text; and
(2) in subsections (a)(2) and (c) by striking ``under section
303(a)(2)'';
SEC. 16. TREATMENT OF DIFFERENCE BETWEEN COLLECTIONS OF ESTIMATED
ANTIDUMPING DUTY AND FINAL ASSESSED DUTY UNDER ANTIDUMPING
DUTY ORDER.
Section 737(a) of the Tariff Act of 1930 (19 U.S.C. 1673f(a)) is
amended--
(1) in the matter preceding paragraph (1) by striking ``deposit
collected'' and inserting ``deposit, or the amount of any bond or
other security, required'';
(2) in paragraph (1) by striking ``the cash deposit collected''
and inserting ``that the cash deposit, bond, or other security'';
and
(3) in paragraph (2) by striking ``refunded, to the extent the
cash deposit'' and inserting ``refunded or released, to the extent
that the cash deposit, bond, or other security''.
SEC. 17. PERSONAL ALLOWANCE EXEMPTION FROM DUTIES.
Section 555(b)(6) of the Tariff Act of 1930 (19 U.S.C.
1555(b)(6)) is amended by inserting after ``customs territory''
the following: ``, except that merchandise purchased by United
States residents is eligible for exemption from duty under
subheadings 9804.00.65, 9804.00.70, and 9804.00.72 of the
Harmonized Tariff Schedule of the United States upon the United
States resident's return to the customs territory of the United
States, if the person meets the eligibility requirements for the
exemption claimed. Notwithstanding any other provision of law,
such merchandise shall be considered to be articles acquired
abroad as an incident of the journey from which the person is
returning, for purposes of determining eligibility for any such
exemption''.
SEC. 18. TARIFF TREATMENT OF CERTAIN SILVER AND GOLD BARS.
(a) In General.--Subchapter II of chapter 71 of the Harmonized
Tariff Schedule of the United States is amended--
(1) by striking subheading 7106.92.00 and inserting in numerical
sequence the following new subheadings and superior text thereto,
with such text having the same degree of indentation as subheading
7106.91:
``7106.92 ... Semimanufactured:............
7106.92.10.... Rectangular or near-
rectangular shapes, each
having a purity of 99.5
percent or higher and not
otherwise marked or
decorated than with weight,
purity or other identifying
information................. Free Free
7106.92.50.... Other........................ 4.8% Free (A*, CA, E, IL, J, MX) 65%''
(2) by striking subheading 7108.13.50 and inserting in numerical
sequence the following new subheadings and superior text thereto,
with such text having the same degree of indentation as subheading
7108.13.10:
``7108.13.55.. Other: Rectangular or near-
rectangular shapes, each
having a purity of 99.5
percent or higher and not
otherwise marked or
decorated than with weight,
purity or other identifying
information................. Free Free
[[Page H8676]]
7108.13.70.... Other........................ 6.6% Free (CA, E, IL, J, MX) 65%''
and
(3) by striking subheadings 7115.90.10 through 7115.90.50 and
inserting in numerical sequence the following new subheadings and
superior text, with the article description for subheading
7115.90.15 having the same degree of indentation as the article
description of subheading 7116.10.10:
``7115.90.15.. Gold, not clad with precious
metal, in rectangular or
near-rectangular shapes,
each having a purity of 99.5
percent or higher and not
otherwise marked or
decorated than with weight,
purity or other identifying
information................. Free Free
7115.90.25.... Silver, not clad with
precious metal, in
rectangular or near-
rectangular shapes, each
having a purity of 99.5
percent or higher and not
otherwise marked or
decorated than with weight,
purity or other identifying
information................. Free Free
............ Other:
7115.90.30.... Of gold, including metal clad
with gold................... 6.2% Free (A*, CA, E, IL, J, MX) 110%
7115.90.40.... Of silver, including metal
clad with silver............ 4.8% Free (A*, CA, E, IL, J, MX) 65%
7115.90.60.... Other........................ 6.4% Free (A, CA, E, IL, J, MX) 65%''.
(b) Conforming Amendments.--General note 4(d) of the
Harmonized Tariff Schedule of the United States is amended--
(1) by striking ``7106.92.00 Chile'' and inserting
``7106.92.50 Chile''; and
(2) by striking ``7115.90.10 Argentina'' and ``7115.90.20
Argentina'' and inserting ``7115.90.30 Argentina'' and
``7115.90.40 Argentina'', respectively.
(c) Staged Rate Reductions.--Any staged rate reduction that
was proclaimed by the President before the date of the
enactment of this Act to take effect on or after the date of
the enactment of this Act--
(1) of a rate of duty set forth in subheading 7106.92.00 of
the Harmonized Tariff Schedule of the United States shall
apply to the corresponding rate of duty in subheading
7106.92.50 of such Schedule (as added by subsection (a)(1));
(2) of a rate of duty set forth in subheading 7108.13.50
shall apply to the corresponding rate of duty in subheading
7108.13.70 of such Schedule (as added by subsection (a)(2));
(3) of a rate of duty set forth in subheading 7115.90.10
shall apply to the corresponding rate of duty in subheading
7115.90.30 of such Schedule (as added by subsection (a)(3));
(4) of a rate of duty set forth in subheading 7115.90.20
shall apply to the corresponding rate of duty in subheading
7115.90.40 of such Schedule (as added by subsection (a)(3));
and
(5) of a rate of duty set forth in subheading 7115.90.50
shall apply to the corresponding rate of duty in subheading
7115.90.60 of such Schedule (as added by subsection (a)(3)).
(d) Effective Date.--The amendments made by this section
shall apply with respect to goods that are entered, or
withdrawn from warehouse for consumption, on or after the
date that is 15 days after the date of the enactment of this
Act.
SEC. 19. CERTAIN LEAD FUEL TEST ASSEMBLIES.
(a) In General.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law,
the Secretary of the Treasury shall--
(1) liquidate or reliquidate as free of duty the entries
listed in subsection (b), and
(2) refund any duties paid with respect to such entry,
if the importer files a request therefor with the Customs
Service within 60 days after the date of the enactment of
this Act.
(b) Entries.--The entries referred to in subsection (a) are
as follows:
Entry Number Date of Entry
110-0675952-3............................ March 9, 1990
110-1525996-0............................ September 19, 1990
110-3667810-7............................ November 7, 1990
110-1526938-1............................ December 21, 1990
SEC. 20. CERTAIN UNLIQUIDATED VESSEL REPAIR ENTRIES.
(a) Temporary Exemption Extended.--Section 484E of the
Customs and Trade Act of 1990 (19 U.S.C. 1466 note) is
amended--
(1) in subsection (b)--
(A) by striking ``and'' at the end of paragraph (2)(B);
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph;
``(3) any entry listed in subsection (c) that was made
during the period beginning on January 1, 1993, and ending on
December 31, 1994, to the extent such entry involves the
purchase of equipment, the use of materials, or the expense
of repairs in a foreign country for 66 LASH (Lighter Aboard
Ship) barges documented under the laws of the United States
if--
``(A) such entry was not liquidated on January 1, 1995; and
``(B) such entry, had it been made on or after January 1,
1995, would otherwise be eligible for the exemption provided
in section 466(h)(1) of the Tariff Act of 1930 (19 U.S.C.
1466(h)(1)), and''; and
(2) by adding at the end the following:
``(c) Entries.--The entries referred to in subsection
(b)(3) are the following:
``(1) Numbered entries.--
Entry Number Date of Entry
C14-0025455-8............................ August 18, 1993
C14-0025456-6............................ August 18, 1993
C14-0025457-4............................ August 18, 1993
C14-0025473-1............................ August 27, 1993
C14-0025478-0............................ September 13, 1993
C14-0025479-8............................ September 13, 1993
C14-0025480-6............................ September 13, 1993
C14-0025481-4............................ September 13, 1993
C14-0025511-8............................ April 16, 1993
C14-0025533-2............................ April 30, 1993
C14-0025545-6............................ May 21, 1993
C14-0025546-4............................ May 21, 1993
C14-0025547-2............................ May 21, 1993
C14-0025558-9............................ June 15, 1993
C14-0025560-5............................ June 15, 1993
C14-0025574-6............................ July 21, 1993
C14-0025575-3............................ July 21, 1993
C14-0025603-3............................ July 23, 1993
C14-0025604-1............................ July 23, 1993
C14-0025605-8............................ July 23, 1993
C14-0025623-1............................ October 25, 1993
C14-0025624-9............................ October 25, 1993
C14-0025625-6............................ October 25, 1993
C14-0025635-5............................ November 8, 1993
C14-0025636-3............................ November 8, 1993
C14-0025637-1............................ November 8, 1993
C14-0025653-8............................ November 30, 1993
C14-0025654-6............................ November 30, 1993
C14-0025655-3............................ November 30, 1993
C14-0025657-9............................ November 30, 1993
C14-0025679-3............................ January 3, 1994
C14-0025680-1............................ January 3, 1994
C14-0025688-4............................ February 14, 1994
C14-0025689-2............................ February 14, 1994
C14-0025690-0............................ February 14, 1994
C14-0025691-8............................ February 14, 1994
C14-0025692-6............................ February 14, 1994
C14-0026803-8............................ January 24, 1994
C14-0026804-6............................ January 24, 1994
C14-0026805-3............................ January 24, 1994
C14-0026807-9............................ January 24, 1994
C14-0026808-7............................ January 24, 1994
C14-0026809-5............................ January 24, 1994
C14-0026810-3............................ January 24, 1994
C14-0026811-1............................ January 24, 1994
C14-0026826-9............................ March 10, 1994
C14-0026827-7............................ March 10, 1994
C14-0026828-5............................ March 10, 1994
C14-0026829-3............................ March 10, 1994
C14-0026830-1............................ March 10, 1994
C14-0026831-9............................ March 10, 1994
C14-0026832-7............................ March 10, 1994
C14-0026833-5............................ March 10, 1994
C14-0026841-8............................ March 31, 1994
C14-0026843-4............................ March 31, 1994
C14-0026852-5............................ May 5, 1994
C14-0026853-3............................ May 5, 1994
C14-0026854-1............................ May 5, 1994
C14-0026867-3............................ May 18, 1994
C14-0026869-9............................ May 18, 1994
C14-0026874-9............................ June 8, 1994
C14-0026875-6............................ June 8, 1994
C14-0026898-8............................ August 2, 1994
C14-0026899-6............................ August 2, 1994
C14-0040625-7............................ October 5, 1994
``(2) Additional entry.--The entry of a 66th LASH barge
(No. CG E69), for which no entry number is available, if,
within 60 days after the date of the enactment of this
subsection, a proper entry is filed with the Customs
Service.''.
SEC. 21. IMPORTS OF CIVIL AIRCRAFT.
General Note 6 of the Harmonized Tariff Schedule of the
United States is amended to read as follows:
``6. Articles Eligible for Duty-Free Treatment Pursuant to
the Agreement on Trade in Civil Aircraft.
``(a) Whenever a product is entered under a provision for
which the rate of duty `Free (C)' appears in the `Special'
subcolumn, the importer--
``(i) shall maintain such supporting documentation as the
Secretary of the Treasury may require; and
``(ii) shall be deemed to certify that the imported article
is a civil aircraft, or has been imported for use in civil
aircraft and will be so used.
The importer may amend the entry or file a written statement
to claim a free rate of duty under this note at any time
before the liquidation of the entry becomes final, except
that, notwithstanding section 505(c) of the Tariff Act of
1930 (19 U.S.C. 1505(c)), any refund resulting from any such
claim shall be without interest.
``(b) For purposes of the tariff schedule, the term `civil
aircraft' means--
``(i) any aircraft--
``(A) that is manufactured or operated pursuant to any
certificate issued by the Administrator of the FAA under
section 44704 of title 49, United States Code, or pursuant to
the approval of the airworthiness authority in the country of
exportation, if such approval is recognized by the FAA as an
acceptable substitute for such an FAA certificate, or
``(B) for which an application for such a certificate has
been submitted to, and accepted by, the Administrator of the
FAA, and
``(ii) any aircraft not described in clause (i), other than
aircraft purchased for use by the Department of Defense or
the United States Coast Guard.''.
SEC. 22. TEMPORARY SUSPENSION OF DUTY ON DICHLOROFOP-METHYL.
(a) In General.--Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
``9902.30.16.. Methyl 2-[4-(2,4-
dichlorophenoxy)phenox
y] propionate
(dichlorofop-methyl)
in bulk form or in
forms or packages for
retail sale containing
no other pesticide
products (CAS No.
51338-27-3) (provided
for in subheading
2918.90.20 or
3808.30.15)........... Free No change No change On or before
12/31/98''.
[[Page H8677]]
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from warehouse
for consumption, on or after the 15th day after the date of the
enactment of this Act.
SEC. 23. DUTY ON DISPLAY FIREWORKS.
(a) In General.--Chapter 36 of the Harmonized Tariff Schedule of
the United States is amended by striking subheading 3604.10.00 and
inserting the following new subheadings, with the article
description for subheading 3604.10 having the same degree of
indentation as the article description for subheading 3604.90.00:
``3604.10..... Fireworks:..................
3604.10.10.... Display or special fireworks
(Class 1.3G)............... 2.4% Free (A*, CA, E, IL, J, MX) 12.5%
3604.10.90.... Other (including Class 1.4G) 5.3% Free (A*, CA, E, IL, J, MX) 12.5%''.
(b) Conforming Amendment.--General note 4(d) of the Harmonized
Tariff Schedule of the United States is amended by striking
``3604.00.00 India'' and inserting ``3604.10.10 India'' and
``3604.10.90 India''.
(c) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from warehouse
for consumption, on or after the 15th day after the date of the
enactment of this Act.
SEC. 24. ELIMINATION OF DUTIES ON 3,3'-DIAMINOBENZIDINE
(TETRAAMINO BIPHENYL).
(a) In General.--Subheading 2921.59.17 of the Harmonized Tariff
Schedule of the United States is amended by striking ``and m-
Xylenediamine'' and inserting ``m-Xylenediamine; and 3,3'-
Diaminobenzidine (tetraamino biphenyl)''.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from warehouse
for consumption, on or after the 15th day after the date of the
enactment of this Act.
SEC. 25. TEMPORARY REDUCTION IN DUTY ON THIDIAZURON.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:
``9902.30.17.. N-phenyl-n'-(1,2,3-
thiadiazol-5'yl urea
(thidiazuron) in bulk
or in forms or
packages for retail
sale (CAS No. 51707-
55-2) (provided for
in subheading
2934.90.15 or
3808.30.15).......... 4.0% No change No change On or before 12/31/98''.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 26. ELIMINATION OF DUTY ON 2-AMINO-3-CHLOROBENZOIC ACID,
METHYL ESTER.
(a) In General.--Subheading 2922.49.05 of the Harmonized
Tariff Schedule of the United States is amended by inserting
after ``acid'' the following: ``; 2-Amino-3-chlorobenzoic
acid, methyl ester''.
(b) Effective Date.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 27. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 103-465.
(a) Title I.--
(1) Section 516A(a)(2)(A)(i)(I) of the Tariff Act of 1930
(19 U.S.C. 1516a(a)(2)(A)(i)(I)) is amended by adding a comma
after ``subparagraph (B)''.
(2) Section 132 of the Uruguay Round Agreements Act (19
U.S.C. 3552) is amended by striking ``title'' and inserting
``section''.
(b) Title II.--
(1)(A) The item relating to section 221 in the table of
contents of the Uruguay Round Agreements Act is amended to
read as follows:
``Sec. 221. Special rules for review of determinations.''.
(B) The section heading for section 221 of that Act is
amended to read as follows:
``SEC. 221. SPECIAL RULES FOR REVIEW OF DETERMINATIONS.''.
(2) Section 270(a)(2)(B) of the Uruguay Round Agreements
Act is amended by striking ``771(A)(c)'' and inserting
``771A(c)''.
(3) Section 702(c)(5) of the Tariff Act of 1930 (19 U.S.C.
1671a(c)(5)) is amended by striking ``(b)(1)(A)'' and
inserting ``(b)(1)''.
(4) Section 732(c)(5) of the Tariff Act of 1930 (19 U.S.C.
1673a(c)(5)) is amended by striking ``(b)(1)(A)'' and
inserting ``(b)(1)''.
(5) Section 212(b)(1)(C)(i)(I) of the Uruguay Round
Agreements Act is amended by striking ``the petition'' and
inserting ``a petition''.
(6) Section 214(b)(2)(A)(i)(II) of the Uruguay Round
Agreements Act is amended by striking ``the merchandise'' and
inserting ``merchandise''.
(7) Section 771(16)(B)(i) of the Tariff Act of 1930 (19
U.S.C. 1677(16)(B)(i)) is amended by striking ``merchandise
which is the subject of the investigation'' and inserting
``subject merchandise''.
(8) Section 732(e)(1) of the Tariff Act of 1930 (19 U.S.C.
1673a(e)(1)) is amended by striking ``the the'' and inserting
``the''.
(9) Section 233(a)(6)(C) of the Uruguay Round Agreements
Act is amended by inserting ``each place it appears'' after
`` `commence' ''.
(10) Section 261(d)(1)(A)(ii) of the Uruguay Round
Agreements Act is amended by inserting after ``is amended''
the following: ``by striking `as follows:' and inserting a
comma and''.
(11) Section 261(d)(1)(B)(ii)(I) of the Uruguay Round
Agreements Act is amended by inserting ``of'' after ``section
303 or''.
(12) Section 337(b)(3) of the Tariff Act of 1930 (19 U.S.C.
1337(b)(3)) is amended in the first sentence by striking
``such section and''.
(13) Section 281(h)(4) of the Uruguay Round Agreements Act
is amended by striking ``(A),''.
(14) Section 771(30) of the Tariff Act of 1930 (19 U.S.C.
1677(30)) is amended by striking ``agreement'' and inserting
``Agreement''.
(15) Section 705(c)(1)(B)(i)(II) of the Tariff Act of 1930
(19 U.S.C. 1671d(c)(1)(B)(i)(II)) is amended by inserting
``section'' after ``if''.
(16) Section 282(d) of the Uruguay Round Agreements Act (19
U.S.C. 3572(d)) is amended by aligning the text of the last
sentence with the text of the first sentence.
(c) Title III.--
(1) Section 314(e) of the Uruguay Round Agreements Act is
amended in the matter proposed to be inserted as section
306(b)(1) of the Trade Act of 1974, by striking the closed
quotation marks and second period at the end.
(2) Section 321(a)(1)(C)(i) of the Uruguay Round Agreements
Act is amended to read as follows:
``(i) in the first sentence by striking `such Act' and
inserting `such subtitle'; and''.
(3) Section 592A(a)(3) of the Tariff Act of 1930 (19 U.S.C.
1592A(a)(3)) is amended by striking ``list under paragraph
(2)'' and inserting ``list under paragraph (1)''.
(4) Section 301(c)(4) of the Trade Act of 1974 (19 U.S.C.
2411(c)(4)) is amended by striking ``paragraph (1)(C)(iii)''
and inserting ``paragraph (1)(D)(iii)''.
(5) Section 202(d)(4)(A)(i) of the Trade Act of 1974 (19
U.S.C. 2252(d)(4)(A)(i)) is amended by striking ``section
202(b)'' and inserting ``subsection (b)''.
(6) Section 304(a)(3)(A) of the Trade Act of 1974 (19
U.S.C. 2414(a)(3)(A)) is amended by inserting ``Rights''
after ``Intellectual Property''.
(7) Section 331 of the Uruguay Round Agreements Act (19
U.S.C. 3591) is amended by striking ``, as defined in section
2(9) of the Uruguay Round Implementation Act,''.
(8) Section 204 of the Agricultural Act of 1956 (7 U.S.C.
1854) is amended in the second sentence by striking
``Implementation'' and inserting ``Agreements''.
(9) Section 334(b)(1)(B)(ii) of the Uruguay Round
Agreements Act (19 U.S.C. 3592(b)(1)(B)(ii)) is amended by
striking ``possession,'' and inserting ``possession;''.
(10) Section 305(d)(2) of the Trade Agreements Act of 1979
(19 U.S.C. 2515(d)(2)) is amended--
(A) by striking ``or'' after the semicolon at the end of
subparagraph (B); and
(B) in subparagraph (C) by striking the period at the end
and inserting a semicolon.
(11) Section 304 of the Trade Agreements Act of 1979 (19
U.S.C. 2514) is amended--
(A) in subsection (a) by striking the comma after
``XXIV(7)''; and
(B) in subsection (c)--
(i) by striking the comma after ``XXIV(7)''; and
(ii) by striking the comma after ``XIX(5)''.
(12) Section 308(4)(D) of the Trade Agreements Act of 1979
(19 U.S.C. 2518(4)(D)) is amended by striking ``the the'' and
inserting ``the''.
(13) Section 305(g) of the Trade Agreements Act of 1979 (19
U.S.C. 2515(g)) is amended--
(A) in paragraph (1)--
(i) by striking ``of such subsection'' and inserting ``of
subsection (d)(2)''; and
(ii) by inserting ``of subsection (d)(2)'' after ``(as the
case may be)''; and
(B) in paragraph (3)--
(i) by striking ``the the'' and inserting ``the''; and
(ii) by inserting ``of subsection (d)(2)'' after ``(as the
case may be)''.
(14) Section 402(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2532(4)) is amended by inserting a comma after
``system, if any''.
(15) Section 414(b)(1) of the Trade Agreements Act of 1979
(19 U.S.C. 2544(b)(1)) is amended by striking
``procedures,,'' each place it appears and inserting
``procedures,''.
(16) Section 451(6)(A) of the Trade Agreements Act of 1979
(19 U.S.C. 2571(6)(A)) is amended by striking ``Members.''
and inserting ``Members; and''.
(d) Title IV.--
(1) Section 492(c) of the Trade Agreements Act of 1979 (19
U.S.C. 2578a(c)) is amended by striking ``phystosanitary''
and inserting ``phytosanitary''.
(2) Section 412(b) of the Uruguay Round Agreements Act is
amended by striking ``1853'' and inserting ``972''.
(e) Title V.--
(1) Section 154(c)(2) of title 35, United States Code, is
amended in the matter preceding subparagraph (A) by striking
``Acts'' and inserting ``acts''.
(2) Section 104A(h)(3) of title 17, United States Code, is
amended by striking ``section 104A(g)'' and inserting
``subsection (g)''.
[[Page H8678]]
(f) Title VI.--
(1) Section 141(c)(1)(D) of the Trade Act of 1974 (19
U.S.C. 2171(c)(1)(D)) is amended by striking the second comma
after ``World Trade Organization''.
(2) Section 601(b)(1)(B) of the Uruguay Round Agreements
Act (19 U.S.C. 2465 note) is amended by striking ``such date
of enactment'' and inserting ``the date of the enactment of
this Act''.
SEC. 28. TECHNICAL AMENDMENTS RELATING TO PUBLIC LAW 103-182.
(a) Title II.--
(1) Section 13031(b)(10)(A) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(10)(A))
is amended--
(A) by striking ``Agreement)'' and inserting ``Agreement
Implementation Act of 1988)''; and
(B) by striking ``section 403'' and inserting ``article
403''.
(2) Section 202 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3332) is amended--
(A) in subsection (m)(4)(C) by striking ``(o)'' and
inserting ``(p)''; and
(B) in subsection (p)(18) by striking ``federal
government'' and inserting ``Federal Government''.
(b) Title III.--
(1) Section 351(b)(2) of the North American Free Trade
Agreement Implementation Act is amended by striking
``Agreement Act'' and inserting ``Agreements Act''.
(2) Section 411(c) of the Trade Agreements Act of 1979 (19
U.S.C. 2541(c)) is amended by striking ``Special
Representatives'' and inserting ``Trade Representative''.
(3) Section 316 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3381) is amended by striking
``subsection 202(d)(1)(C)(i)'' and inserting ``subsection
(d)(1)(C)(i)''.
(4) Section 309(c) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3358(c)) is amended
in paragraphs (1) and (2) by striking ``column 1--General''
and inserting ``column 1 general''.
(c) Title IV.--
(1) Section 402(d)(3) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3432(d)(3)) is
amended in the matter preceding subparagraph (A) by striking
``(c)(4)'' and inserting ``subsection (c)(4)''.
(2) Section 407(e)(2) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3437(e)(2)) is
amended by striking ``petition,'' and inserting
``petition;''.
(3) Section 516A(g)(12)(D) of the Tariff Act of 1930 (19
U.S.C. 1516a(g)(12)(D)) is amended--
(A) by striking ``(D)(i)'' and inserting ``(D)''; and
(B) by striking ``If the Trade Representative'' and
inserting ``(i) If the Trade Representative''.
(4) Section 415(b)(2) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3451(b)(2)) is
amended by striking ``under 516A(a)'' and inserting ``under
section 516A(a)''.
(d) Title V.--Section 219 of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2707) is amended--
(1) in subsection (b)(1) by striking ``Hemisphere,'' and
inserting ``Hemisphere;''; and
(2) in paragraphs (1) and (2) of subsection (h) by striking
``Center,'' and inserting ``Center;''.
(e) Title VI.--
(1) Section 3126 of the Revised Statutes of the United
States (19 U.S.C. 293) is amended by striking ``or both'' and
inserting ``or both,''.
(2) Section 3127 of the Revised Statutes of the United
States (19 U.S.C. 294) is amended by striking ``conveyed a
United States'' and inserting ``conveyed in a United
States''.
(3) Section 436(a)(2) of the Tariff Act of 1930 (19 U.S.C.
1436(a)(2)) is amended--
(A) by striking ``431(e)'' and inserting ``431''; and
(B) by striking ``or'' after the semicolon at the end.
(4) Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313)
is amended--
(A) in subsection (j)(2) by realigning the text following
subparagraph (C)(ii)(II) beginning with ``then upon the
exportation'' and ending with ``duty, tax, or fee.'' two ems
to the left so that the text has the same degree of
indentation as paragraph (3) of section 313(j) of such Act;
and
(B) in subsection (t) by striking ``chapter'' and inserting
``Act''.
(5) Section 441 of the Tariff Act of 1930 (19 U.S.C. 1441)
is amended--
(A) in each of paragraphs (1), (2), and (4) by striking the
semicolon at the end and inserting a period; and
(B) in paragraph (5) by striking ``; and'' and inserting a
period.
(6) Section 484(a)(1) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(1)) is amended by striking ``553, and 336(j)'' and
inserting ``and 553''.
(7) Section 514(a) of the Tariff Act of 1930 (19 U.S.C.
1514(a)) is amended by striking ``section 520 (relating to
refunds and errors), and section 521 (relating to
reliquidations on account of fraud)'' and inserting ``and
section 520 (relating to refunds and errors)''.
(8) Section 491(a) of the Tariff Act of 1930 (19 U.S.C.
1491(a)) is amended in the first sentence--
(A) by striking ``in in'' and inserting ``in''; and
(B) by striking ``appropriate customs officer'' and
inserting ``Customs Service''.
(9) Section 490(c)(1) of the Tariff Act of 1930 (19 U.S.C.
1490(c)(1)) is amended by striking ``paragraphs (1) through
(4) of subsection (a)'' and inserting ``subparagraphs (A)
through (D) of subsection (a)(1)''.
(10) Sections 1207(b)(2) and 1210(b)(1) of the Omnibus
Trade and Competitiveness Act of 1988 (19 U.S.C. 3007(b)(2)
and 3010(b)(1)) are each amended by striking ``484(e)'' and
``1484(e)'' and inserting ``484(f)'' and ``1484(f)'',
respectively.
(11) Section 641(d)(2)(B) of the Tariff Act of 1930 (19
U.S.C. 1641(d)(2)(B)) is amended in the second to the last
sentence by striking ``his'' and inserting ``the''.
(12) Section 621(4)(A) of the North American Free Trade
Agreement Implementation Act is amended by striking
``disclosure in 30 days'' and inserting ``disclosure within
30 days''.
(13) Section 592(d) of the Tariff Act of 1930 (19 U.S.C.
1592(d)) is amended in the subsection heading by striking
``Taxes'' and inserting ``Taxes,''.
(14) Section 625(a) of the Tariff Act of 1930 (19 U.S.C.
1625(a)) is amended by striking ``chapter'' and inserting
``Act''.
(15) Section 413(a)(1) of the Tariff Act of 1930 (19 U.S.C.
1413(a)(1)) is amended by striking ``this Act'' and inserting
``the North American Free Trade Agreement Implementation
Act''.
SEC. 29. OTHER TECHNICAL AMENDMENT.
Section 516A(g)(4)(A) of the Tariff Act of 1930 (19 U.S.C.
1516a(g)(4)(A)) is amended by striking ``Implementation
Agreement Act of 1988'' and inserting ``Agreement
Implementation Act of 1988''.
SEC. 30. MORATORIUM ON MARKINGS OF METAL FORGINGS AND HAND
TOOLS; CONSULTATION AND LAYOVER REQUIREMENTS IN
GENERAL.
(a) Moratorium on Existing Agency Actions.--
(1) Moratorium.--Any regulations, rulings, guidelines, or
other administrative decisions of the Secretary of the
Treasury or of the United States Customs Service relating to
rules of origin or country of origin marking requirements in
effect on July 17, 1996, with respect to hand tools or metal
forgings for hand tools may not be changed, modified, or
revoked for a period of 1 year beginning on the date of the
enactment of this Act. The regulations, rulings, guidelines,
and other administrative decisions referred to in the
preceding sentence shall, for the 1-year period beginning on
the date of the enactment of this Act, govern the rules of
origin and country of origin marking requirements with
respect to hand tools and metal forgings for hand tools.
(2) Definition.--For purposes of this subsection, the term
``metal forgings for hand tools'' means metal forgings that--
(A) are imported for processing into finished hand tools in
the United States; and
(B) have not been improved in condition beyond rough
burring, trimming, grinding, turning, hammering, chiseling,
or filing.
(b) Consultation With Congress.--
(1) Hand tools and metal forgings.--Any regulations,
rulings, guidelines, or other administrative decisions
referred to in subsection (a) may be changed, modified, or
revoked, consistent with United States law, after the end of
the 1-year period described in that subsection, but only if
the requirements of paragraph (3) are met.
(2) Changes in rule of origin or country of origin marking
requirements.--Any regulations, rulings, guidelines, or other
administrative decisions of the Secretary of the Treasury or
of the United States Customs Service constituting a
significant policy change in rules of origin or country of
origin marking requirements in effect on July 17, 1996, may
be issued only if the requirements of paragraph (3) are met.
(3) Procedural requirements.--The requirements referred to
in paragraphs (1) and (2) are that--
(A) in addition to any other requirement of law or public
notice procedure, the Secretary of the Treasury has consulted
with interested and potentially affected persons regarding
the proposed action referred to in paragraph (1) or (2), as
the case may be;
(B) the Secretary of the Treasury has submitted a report to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate
that sets forth the action proposed, the extent to which such
action constitutes a significant policy change from that
underlying the regulations, rulings, guidelines, or
administrative decisions in effect, and the reasons for such
change;
(C) a period of 60 days, beginning with the first day on
which the Secretary of the Treasury has met the requirements
of subparagraphs (A) and (B) with respect to the proposed
action has expired; and
(D) the Secretary of the Treasury has consulted with the
committees referred to in subparagraph (B) regarding the
proposed action during the period referred to in subparagraph
(C).
(4) Calculation of 60-day period.--The 60-day period
referred to in paragraph (3)(C) shall be computed by
excluding--
(A) the days on which either House of Congress is not in
session because of an adjournment of more than 3 days to a
day certain or an adjournment of the Congress sine die; and
(B) any Saturday and Sunday, not excluded under
subparagraph (A), when either House is not in session.
(5) Definition.--For purposes of this subsection, the term
``significant policy change'' means an action or
determination for which the Secretary of the Treasury is
required to follow the procedures of section 625(c) or
section 516 of the Tariff Act of 1930 (19 U.S.C. 1625, 1516).
(c) Effect on Other Laws and Obligations.--Nothing in this
section shall affect section 132 or 334 of the Uruguay Round
Agreements Act (19 U.S.C. 3552, 3592), or require actions
inconsistent with United States obligations under the WTO
Agreements (as defined in section 2 of the Uruguay Round
Agreements Act (19 U.S.C. 3501), the North American Free
Trade Agreement, or the Agreement on the Establishment of a
Free Trade Area between the Government of the United States
of America and the Government of Israel.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois [Mr. Crane] and the gentleman from Florida [Mr. Gibbons] each
will control 20 minutes.
[[Page H8679]]
The Chair recognizes the gentleman from Illinois [Mr. Crane].
general leave
Mr. CRANE. Mr. Speaker I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H.R. 3815.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. CRANE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 3815, a bill to make
technical corrections and miscellaneous amendments to trade laws.
H.R. 3815 is a package of miscellaneous trade provisions and other
technical and clerical corrections that were introduced originally as
separate bills. The provisions in H.R. 3815 fall into four broad
categories of miscellaneous trade proposals. The Committee on Ways and
Means and the House already have approved the first group of proposals,
which were included in last year's Balanced Budget Act, which was
vetoed.
The second group of miscellaneous trade proposals was favorably
reported by the Ways and Means Subcommittee on Trade on May 9 and by
the full committee on July 26.
The third group includes two additional individual provisions, both
of which received public comment. These two provisions also were
favorably reported by the full committee on July 26.
The final group of provisions is a collection of purely technical and
clerical corrections submitted by the Office of Law Revision. These
items also were favorably reported by the subcommittee on May 9 and by
the full committee on July 26.
During its consideration of the bill, the Ways and Means Committee
approved an amendment to H.R. 3815, involving a 1-year moratorium on
changes in regulations or administrative rulings relating to the
importation of metal forgings for hand tools. The amendment also
includes a 60-day consultation and layover provision for any
significant policy changes with regard to rules of origin or country of
origin marking requirements for all products.
The amendment and additional changes incorporated here today,
represent a bipartisan compromise on this matter.
An additional amendment which clarifies that the moratorium applies
only to hand tools and metal forgings covered by preexisting rulings
rather than new products was included as part of H.R. 3815 subsequent
to the filing of the committee report. I support this final compromise
and applaud my colleagues on the Ways and Means Committee, especially
Mrs. Johnson, Mrs. Kennelly, and Mr. Neal, for working closely with me
on this issue.
Let me add that collecting these highly technical miscellaneous bills
into a single legislative package is an enormous task undertaken in
each Congress. H.R. 3815 groups roughly half the total number of
miscellaneous trade bills introduced during the 104th Congress.
An effort has been made to include only those bills which are
noncontroversial and revenue neutral. On average, it takes a continuous
effort over two or three Congresses to pass such a bill, even those
which make purely technical and clerical corrections.
Given these difficulties, it is my hope that we might be able to
develop a set of transparent ground rules for handling miscellaneous
trade proposals in the future. In my view, any bill which has the
approval of the Congress and the administration, is unopposed by
business and industry, and is revenue neutral, should move forward
under expedited procedures. Business and industry often rely on the
ability of Congress to update the trade laws to conform with commercial
reality. I think we should be responsive to the needs of the trade
community by developing some transparent, expedited procedures.
I look forward to working with my colleagues on both sides of the
aisle to establish such rules and procedures.
I urge my colleagues to vote ``yes'' on H.R. 3815.
Mr. Speaker, I reserve the balance of my time.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 3815, as amended.
H.R. 3815 consists of a large number of miscellaneous trade
provisions and technical corrections to various trade laws. These
changes were proposed by Members, the administration, the private
sector, or the law revision counsel. They facilitate customs
administration, suspend duties on specific products, or correct errors
in tariff treatment or in the technical drafting of various trade
statutes.
The committee amendment to section 30 of the bill as reported
clarifies that preexisting rulings or other administrative decisions of
the Treasury Department or Customs Service regarding rules of origin or
country of origin marking requirements for handtools or metal forgings
for handtools govern during a 1-year moratorium period with respect to
tools or forgings covered by the decisions and defined in the bill.
The amendment also defines the scope of significant policy changes in
rule of origin and marking requirements that would be subject to new
congressional consultation and layover procedures. These modifications
to the bill as reported are agreed among the interested parties
involved.
The provisions of H.R. 3815 were subject to public comment and are
non-controversial. I urge passage of H.R. 3815.
Mr. CRANE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois [Mr. Crane] that the House suspend the rules
and pass the bill, H.R. 3815, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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