[Senate Report 104-393]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 633
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-393
_______________________________________________________________________


 
        MISCELLANEOUS TRADE AND TECHNICAL CORRECTIONS ACT OF 1996

                                _______
                                

                October 1, 1996.--Ordered to be printed

_______________________________________________________________________


    Mr. Roth, from the Committee on Finance, submitted the following

                              R E P O R T

                        [To accompany H.R. 3815]

      [Including cost estimate of the Congressional Budget Office]

     The Committee on Finance, to which was referred the bill 
(H.R. 3815) to make technical corrections and miscellaneous 
amendments to the trade laws, having considered the same, 
reports favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.

                             I. Background

    On June 7, 1996, Chairman Roth requested public comment on 
a package of 32 trade bills comprising various technical 
corrections, duty suspensions, and other miscellaneous trade 
measures introduced during the 104th Congress and referred to 
the Committee on Finance. H.R. 3815, as amended, includes many 
of these bills which, based upon the comments submitted to the 
Committee on Finance by the public, the U.S. Customs Service, 
the U.S. International Trade Commission, the Office of the U.S. 
Trade Representative, and the U.S. Department of Commerce, the 
Committee has found to be non-controversial.

                  II. Summary of H.R. 3815, as Amended

    Unless otherwise noted, the effective date of the 
provisions described below is either the date of enactment of 
this Act or 15 days thereafter.

                              Short Title
                              (Section 1)

    This section provides that the Act may be cited as the 
``Miscellaneous Trade and Technical Corrections Act of 1996.''

                       Payment of Duties and Fees
                              (Section 2)

Current law
    Section 505(c) of the Tariff Act of 1930 (19 U.S.C. 
1505(c)), as amended by section 642 of the Customs 
Modernization Act (Mod Act) (enacted as Title VI of the North 
American Free Trade Agreement (NAFTA) Implementation Act), 
provides that, when an importer deposits estimated duties with 
the Customs Service when making entry of imported merchandise, 
interest on the deposited duties begins to accrue from the date 
of deposit to the date of liquidation or reliquidation of the 
entries in question. Under this authority, the Customs Service 
collects additional duties from, or refunds excess duties to 
the importer with interest, depending upon the actual duty rate 
Customs establishes at the time of the liquidation or 
reliquidation. Section 642 of the Mod Act became effective on 
December 8, 1993, which was the date of enactment of the NAFTA 
Implementation Act.
Explanation of provision
    This section amends section 505(c) of the Tariff Act of 
1930 to provide an exception to section 642 of the Mod Act for 
interest accrual on duties deposited for those entries eligible 
for NAFTA preferential tariffs. The provision clarifies that 
the new interest accrual provisions under section 642 of the 
Mod Act are effective December 8, 1993. The provision also 
states that the amendment to section 505(c) shall apply to 
claims made on or after June 7, 1996.
Reason for change
    Because an importer has up to one year to make a claim for 
a refund of deposited duties when imported merchandise is 
eligible for NAFTA preferential tariff rates, the provision 
clarifies that the Customs Service will pay interest as of the 
date of the importer's claim, rather than from the date of 
deposit of duties. The effective date corresponds to the date 
the U.S. Senate Committee on Finance requested public comment 
on this legislation.

               Other Technical and Conforming Amendments
                              (Section 3)

    This section makes the following technical corrections with 
a retroactive effective date of December 8, 1993, which 
corresponds to the effective date of the NAFTA Implementation 
Act:
1. Examination of Books and Witnesses
Current law
    Section 509 of the Tariff Act of 1930 (19 U.S.C. 1509) 
provides the Customs Service the authority to examine books and 
summon witnesses in its investigations and inquiries.
Explanation of provision
    The provision amends section 509(a) of the Tariff Act of 
1930 to correct a citation by changing ``subsection (c)(1)(A)'' 
to ``subsection (d)(1)(A).''
2. Requirement for Certificate for Importation of Alcoholic Liquors 
        Aboard Small Vessels
Current law
    Section 7 of the Act of August 5, 1935 (19 U.S.C. 1707) 
requires certificates of importation for alcoholic beverages 
aboard small vessels.
Explanation of provision
    The provision repeals section 7 of the Act of August 5, 
1935, which is an obsolete statute.
 3. Manifests
Current law
    Section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) sets 
forth the rules governing the provision of manifests required 
by the Customs Service.
Explanation of provision
    The provision amends section 431(c)(1) of the Tariff Act of 
1930 to clarify that the reference in the section is to vessel 
manifests and not to other types of manifests.
 4. Penalties for Certain Violations
Current law
    Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) 
provides rules for the imposition of penalties for fraud, 
negligence, and gross negligence. Various provisions in this 
section refer to ``lawful duties.''
Explanation of provision
    The provision replaces ``lawful duties'' with ``lawful 
duties, fees and taxes'' in section 592 of the Tariff Act of 
1930 to recognize that the Customs Service also collects fees 
and taxes.
 5. Deprivation of Lawful Duties, Taxes, or Fees
Current law
    Section 592(d) of the Tariff Act of 1930 (19 U.S.C. 
1592(d)) provides for the restoration of lawful duties if the 
United States has been deprived of such by a violation of 
section 592.
Explanation of provision
    The provision amends section 592(d) of the Tariff Act of 
1930 by replacing the phrase ``or fees be restored'' with ``and 
fees be restored'' to ensure the restoration of duties, fees 
and taxes to the Customs Service if the United States is 
deprived of duties, fees or taxes by a violation of section 
592.
6. Reconciliation Treated as Entry for Recordkeeping
Current law
    Section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) 
provides miscellaneous definitions, and section 508 of the Act 
(19 U.S.C. 1508) provides the requirements, time periods, and 
limitations for import recordkeeping.
Explanation of provision
    The provision amends sections 401(s)and 508(c)(1) of the 
Tariff Act of 1930 to clarify that reconciliation should be 
treated as an entry for the purposes of record keeping laws and 
thus, records pertaining to reconciliation should be retained 
for a period of five years from the date of filing a 
reconciliation.
 7. Extension of Liquidation
Current law
    Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) 
provides for limitations on the liquidation of entries.
Explanation of provision
    The provision amends section 504(d) of the Tariff Act of 
1930 to ensure that the lifting of a suspension of liquidation 
notice does not result in the liquidation of an entry if an 
extension notice has been issued.
8. Exemption from Duty for Personal and Household Goods Accompanying 
        Returning Residents
Current law
    Section 321(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
1321(a)(2)(B)) originally allowed returning residents arriving 
from foreign countries other than the insular possessions to 
include personal-use items under the duty-free personal 
allowance exemption. Due to a split in tariff classification 
numbers, the tariff numbers applicable to residents returning 
from a foreign country were inadvertently dropped.
Explanation of provision
    The provision corrects section 321(a)(2)(B) of the Tariff 
Act of 1930 to allow U.S. residents returning from a foreign 
country other than an insular possession once again to bring 
personal-use items free of duty, if such articles are valued at 
not more than $400.
9. Debt Collection
Current law
    Section 631(a) of the Tariff Act of 1930 (19 U.S.C. 
1631(a)) provides for the use of private collection agencies to 
recover debts arising under the Customs laws and owed to the 
United States.
Explanation of provision
    The provision amends section 631(a) of the Tariff Act of 
1930 to clarify that Customs is authorized to pay debt-
collection agencies from recovered funds prior to the deposit 
of such funds with the Treasury.
10. Designation of Customs Officer-
Current law
    Section 509 of the Tariff Act of 1930 (19 U.S.C. 1509) 
provides the Customs Service the authority to examine books and 
summon witnesses in its investigations and inquiries.
Explanation of provision
    The provision changes the reference under section 509(b) of 
the Tariff Act of 1930 from ``appropriate regional 
commissioner'' to ``officer designated pursuant to the 
regulations'' to reflect management changes as a result of 
reorganization of the Customs Service.
11. Review of Protests
Current law
    Section 515 of the Tariff Act of 1930 (19 U.S.C. 1515) 
provides for the review of protests, administrative reviews, 
modifications of decisions, and requests for accelerated 
disposition of requests by Customs district directors.
Explanation of provision
    The provision changes the reference under section 515(d) of 
the Tariff Act of 1930 from ``district director'' to ``port 
director'' to reflect management changes as a result of 
reorganization of the Customs Service.
12. Administrative Exemptions
Current law
    Section 321(a) of the Tariff Act of 1930 (19 U.S.C. 
1321(a)) provides the Secretary of Treasury authority to 
disregard certain small sums owed to the United States when the 
expense and inconvenience of collection is disproportionate to 
the amount of revenue that would otherwise be collected.
Explanation of provision
    The provision amends section 321(a)(1) of the Tariff Act of 
1930 to clarify that monies owed the Customs Service with 
respect to entries of merchandise include interest as well as 
duties, fees, and taxes.

      Clarification Regarding the Application of Customs User Fees
                              (Section 4)

Current law
    Section 13031(b) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (COBRA), as amended by section 
111(b) of the Customs and Trade Act of 1990 (19 U.S.C. 58c(b)), 
provides that, in case of agricultural products of the United 
States that are processed and packed in a Foreign Trade Zone 
(FTZ), the ad valorem merchandise processing fee (MPF) applies 
solely to the value of the foreign material used to make the 
container. It exempts the value of domestic agricultural 
products from the MPF.
    The Customs Service has ruled that, for all products not 
covered by this provision, and in the absence of express 
statutory language to the contrary, the MPF will be assessed on 
both the domestic and foreign value of the merchandise entering 
from foreign trade zones.
Explanation of provision
    This section amends section 13031(b)(8) of the 1985 COBRA 
to clarify that the ad valorem MPF is to be assessed only 
against the foreign value of merchandise entered from an FTZ. 
The provision would also clarify that the application of the 
MPF to processed agricultural products will apply to all 
entries from FTZs after November 30, 1986, for which 
liquidation has not been finalized.
Reason for change
    The provision is necessary to clarify that Customs will not 
collect user fees based on the value of any domestic content of 
a product in an FTZ.

        Technical Amendment to the Customs and Trade Act of 1990
                              (Section 5)

Current law
    Section 484H(b) of the Customs and Trade Act of 1990 (19 
U.S.C. 1553 note) provides for the transportation in bond of 
Canadian lottery material.
Explanation of provision
    This section replaces the phrase ``entered or withdrawn 
from warehouse for consumption'' in section 484H(b) of the 
Customs and Trade Act of 1990 with the phrase ``entered for 
transportation in bond.''
Reason for change
    The new phrase clarifies that Canadian lottery material 
transported in bond is not entered into the United States for 
consumption.

           Clarification of Fees for Certain Customs Services
                              (Section 6)

Current law
    Section 13031(b)(9)(A) of the 1985 COBRA (19 U.S.C. 
58c(b)(9)(A)) authorizes the Customs Service to provide 
reimbursable services to air couriers operating in express 
consignment carrier facilities and in centralized hub 
facilities. The Customs Service interprets the statute to 
prevent the provision of such reimbursable customs services to 
centralized hub facilities during daytime hours.
Explanation of provision
    This section amends section 13031(b)(9)(A) of the 1985 
COBRA to clarify that Customs may provide daytime reimbursable 
services to centralized hub facilities during daytime hours. 
The provision also clarifies that Customs may be reimbursed for 
all services related to the determination to release cargo, not 
just ``inspectional'' services, regardless of whether they are 
performed on site or not.
Reason for change
    This provision is a technical clarification of the present 
statutory language in the 1985 COBRA, which Customs has 
interpreted as allowing it to provide reimbursable services 
only during night time hours to centralized hub facilities 
(e.g., air cargo facilities).

       Special Rule for Extending Time for Filing Drawback Claims
                              (Section 7)

Current law
    Section 313(r) of the Tariff Act of 1930 (19 U.S.C. 1313) 
requires that a duty drawback entry and all documents necessary 
to complete a claim for duty drawback, including those issued 
by the Customs Service, shall be filed or applied for, as 
applicable, within three years after the date of exportation or 
destruction of the articles on which drawback is claimed. The 
Customs Service has no discretion to extend this deadline.
Explanation of provision
    This section amends section 313(r) of the Tariff Act of 
1930 to permit a temporary one-year extension for filing duty 
drawback claims in cases where the President has declared a 
major natural disaster on or after January 1, 1994, and the 
drawback claimant files a request for such extension with the 
Customs Service within one year from the date of enactment of 
the provision.
Reason for change
    As a result of major natural disasters, such as the 1994 
earthquake in southern California, businesses may be unable to 
file timely drawback petitions, which can result in substantial 
financial loss. The Customs Service currently has no authority 
to extend the three-year deadline for filing duty drawback 
claims. This provision would allow the Customs Service to 
provide additional time to file a drawback claim in the event 
of a major natural disaster.

              Treatment of Entries of Certain Televisions
                              (Section 8)

Current law
    Sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 
1514 and 1520) provide, respectively, for the filing of 
protests against decisions of the Customs Service, and 
authority for the Secretary of Treasury to refund duties in the 
event of errors by the Customs Service in collecting such 
duties.
Explanation of provision
    This section provides for liquidation or reliquidation of 
certain entries of color televisions in accordance with a 1984 
administrative review of an antidumping order by the 
International Trade Administration of the Department of 
Commerce. Any amounts owed by the United States pursuant to the 
liquidation or reliquidation of these subject entries would be 
paid within 90 days after such liquidation or reliquidation.
Reason for change
    The provision corrects an acknowledged error by the Customs 
Service, which resulted in the improper liquidation of certain 
entries of color television sets, which, at the time, were 
under an order suspending liquidation during the pendency of 
the administrative review. As a result, the Customs Service 
retained the estimated duties on the entries deposited by the 
importer, which were in excess of the actual duties owed. The 
importer was unaware of the liquidation until after expiration 
of the one-year deadline for filing a protest with the Customs 
Service in such cases.

   Temporary Duty Suspension for Personal Effects of Participants in 
                     Certain World Athletic Events

                              (Section 9)

Current law
    Chapter 99, subchapter II of the Harmonized Tariff 
Schedules of the United States (HTS) prescribes temporary duty 
reductions or suspensions on imports of specified products. HTS 
subheading 9902.98.04 provides for the duty-free entry of the 
personal effects, equipment, and other materials of 
participants in, officials of, or accredited members of 
delegations to world athletic events, including the XXVI Summer 
Olympiad and the 1996 Atlanta Paralympic Games.
Explanation of provision
    This section adds HTS heading 9902.98.05 to provide 
temporary duty-free entry for personal effects, athletic 
equipment, and other materials to be used by athletes and 
certain other individuals associated with the 1998 Goodwill 
Games, provided such items are not intended for sale or 
distribution to the public.
Reason for change
    This provision would substantially reduce the Customs 
paperwork to which athletes and officials of the 1998 Goodwill 
Games and their families would otherwise be subjected. Similar 
measures have been enacted for other international athletic 
competitions and are analogous to treatment routinely afforded 
by other countries hosting such events.

                   Miscellaneous Technical Correction
                              (Section 10)

Current law
    Section 313(s)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
1313(s)(2)(B)) provides that a drawback successor may designate 
imported merchandise or certain other merchandise for which the 
successor received, before the date of succession, and from the 
person who imported and paid duty on the imported merchandise, 
a certificate of delivery transferring the merchandise to the 
successor.
Explanation of provision
    This section amends section 313(s)(2)(B) by substituting 
the word ``predecessor'' for the word ``successor'' each time 
it appears.
Reason for change
    The provision makes a technical correction to eliminate 
confusion stemming from incorrect wording in the statute.

                      Uruguay Round Agreements Act
                              (Section 11)

Current law
    Section 405(b) of the Uruguay Round Agreements Act (URAA) 
(19 U.S.C. 3602(b)) contains the statutory authority for the 
President to undertake a special agricultural safeguard action.
Explanation of provision
    This section corrects an erroneous citation in section 
405(b).

                       Imports of Civil Aircraft
                              (Section 12)

Current law
    General Note 6 of the HTS requires importers of duty-free 
civil aircraft parts to file a written statement with the 
appropriate customs officer (together with such supporting 
documentation as required by the Secretary of the Treasury), 
which states that the imported article has been approved for 
use on civil aircraft by the U.S. Federal Aviation 
Administration (FAA). The term ``civil aircraft'' means all 
aircraft other than aircraft purchased for use by the 
Department of Defense or the Coast Guard.
Explanation of provision
    This section amends HTS General Note 6 to provide that an 
importer is deemed to certify that an imported article is a 
duty-free civil aircraft if the importer enters the article 
under an HTS provision for which the rate of duty ``Free (C)'' 
appears in the ``Special'' subcolumn, and the importer claims 
such rate of duty. The provision requires the importer making 
such entry to maintain such supporting documentation as the 
Secretary of Treasury may require in the event that an audit is 
conducted. The importer may amend the entry or claim a free 
rate of duty at any time before liquidation becomes final, 
except that interest shall not be paid on any resulting refund. 
Finally, the provision modifies the definition of ``civil 
aircraft'' to include aircraft, aircraft engines, and flight 
simulators (including parts, components, and subassemblies 
thereof) that are (1) certified by the FAA or an airworthiness 
authority recognized by the FAA, or (2) purchased for use by 
the Department of Defense or the Coast Guard, if such aircraft, 
aircraft engines, and flight simulators (or parts, components, 
or subassemblies thereof) are manufactured or operated pursuant 
to a certificate issued or recognized by the FAA.
Reason for change
    The provision will eliminate the requirement for paper 
filing when claiming duty-free treatment for civil aircraft and 
aircraft parts. The provision would also facilitate the 
importation of these products by broadening the definition of 
``civil aircraft'' in the HTS.

          Technical Correction to Certain Chemical Description
                              (Section 13)

Current law
    HTS subheading 2933.90.02 specifies the tariff 
classification and duty rate for the entry of heterocyclic 
compounds with nitrogen hetero-atom(s) only, and nucleic acids 
and their salts.
Explanation of provision
    This section makes a technical correction to a chemical 
description in HTS subheading 2933.90.02 by deleting the 
reference to quizalofop ethyl. The provision also requires the 
retroactive liquidation or reliquidation of any entry under 
subheading 2933.90.02 made after December 31, 1994, and before 
the date 15 days after the date of enactment of the provision 
when a proper request for such is filed with the Customs 
Service.
Reason for change
    One of the chemical products in this subheading, 2-[4-[(6-
Chloro-2-quinoxalinyl)-oxy-phenoxyl-propionic acid, ethyl 
ester, is an agricultural herbicide for which a temporary duty 
suspension was established in 1990. The URAA made this 
temporary duty suspension permanent under HTS subheading 
2933.90.02. The subject herbicide exists physically as two 
stereoisomers, or compounds with identical chemical formulas 
and atomic connectivity, but with different spatial 
orientations of atomic groups. By striking quizalofop ethyl, 
the provision clarifies that this HTS category covers all 
stereoisomers of this chemical product, and not just one 
particular form of the product imported at the time of 
enactment of the URAA.

          Marking of Certain Imported Articles and Containers
                              (Section 14)

Current law
    Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) 
requires that every article of foreign origin imported into the 
United States, or its container, be marked with the country of 
origin of the article, with certain statutory exceptions.
Explanation of provision
    This section amends section 304 of the Tariff Act to exempt 
imports of certain coffee, tea, and spices from country of 
origin marking requirements.
Reason for change
    Without the labeling exemption, the country of origin 
marking requirement would impose a significant financial burden 
on the U.S. coffee, tea, and spice industries, which use blends 
imported from a variety of sources. Because there is little or 
no U.S. production of coffee, tea, and spices, requiring a 
country of origin mark for these products would not provide any 
meaningful benefit to U.S. consumers.

      Tariff Treatment of Certain Silver, Gold, and Platinum Bars
                              (Section 15)

Current law
    The former Tariff Schedule of the United States (TSUS) 
provided for duty-free treatment of gold, silver, and platinum 
bullion bars, which are cast or minted. Following replacement 
of the TSUS by the current HTS, these products were included in 
tariff headings under Chapter 71, subchapter II, which are 
subject to various duty rates.
Explanation of provision
    This section amends HTS Chapter 71, subchapter II, so that 
gold, silver, and platinum bullion bars, whether cast or 
minted, receive duty-free treatment.
Reason for change
    Following conversion from the TSUS to the HTS on January 1, 
1989, gold, silver and platinum bars, which had been duty free, 
were inadvertently placed under tariff headings subject to duty 
rates. The provision would restore the duty-free treatment 
these products had previously received under the former TSUS.

      Suspension of Duty on Certain Semimanufactured Forms of Gold
                              (Section 16)

Current law
    Fine diameter gold wire suitable for the manufacture of 
semiconductors is currently classifiable under HTS subheading 
7108.13.50, a basket category for certain semimanufactured 
forms of gold with a column 1 general rate of duty at 6.6 
percent ad valorem.
Explanation of provision
    This section amends Chapter 99 of the HTS by creating a new 
heading 9902.71.08, which provides temporary duty-free 
treatment through December 31, 2000, for certain wire 
containing 99.9 percent or more by weight of gold, with a 
diameter of 0.05 millimeters or less, for use in the 
manufacture of diodes, transistors, and similar semiconductor 
devices or electronic integrated circuits.
Reason for change
    There is no domestic production of the type of fine-
diameter gold wire covered in this provision.

      Elimination of East-West Trade Statistics Monitoring System
                              (Section 17)

Current law
    Section 410 of the Trade Act of 1974 (19 U.S.C. 2440) 
requires that the U.S. International Trade Commission (ITC) 
monitor trade with non-market countries and publish a quarterly 
report summarizing the data collected.
Explanation of provision
    This section repeals section 410 of the Trade Act of 1974.
Reason for change
    Following the political and economic reforms in central and 
eastern Europe since 1989, the monitoring system and report 
provided by the ITC, which focused on trade with non-market 
countries in those regions, are no longer warranted.

               Retroactive Election To Reconcile Entries
                              (Section 18)

Current law
    Section 401(s) of the Tariff Act of 1930 (10 U.S.C. 
1401(s)) sets forth procedures by which an importer may file 
with the Customs Service a ``reconciliation'' (i.e., 
information about elements of an entry provided to the Customs 
Service after the filing of an entry form or import activity 
summary statement).
Explanation of provision
    This section amends section 401(s) of the Tariff Act of 
1930 to permit an electronic filing of a reconciliation with 
the Customs Service. The provision also permits that, by mutual 
consent between Customs and the importer, the information 
provided in the reconciliation may also cover other previously 
filed, unliquidated entries.
Reason for change
    The provision will facilitate the process for filing 
reconciliations for both Customs and the importing public. The 
reconciliation process in the Mod Act legislation was written 
to be prospective. The Customs Service and the private sector 
have now recognized that it would be desirable for both parties 
if, by mutual consent, prior, unliquidated entries containing 
the same problem could be included in the reconciliation. This 
language accomplishes that goal.

              Tariff Treatment for Certain Motor Vehicles
                              (Section 19)

Current law
    Automobiles manufactured in U.S. Foreign Trade Zones (FTZs) 
that are withdrawn from the FTZ and formally entered for 
consumption in the United States are subject to duty on their 
foreign content. If such automobiles are subsequently exported 
to Canada or Mexico, and then reimported into the United 
States, then no duty is assessed. However, the Customs Service 
has determined that automobiles produced in FTZs that are 
exported directly to Canada or Mexico and not formally entered 
for consumption in the United States, are subject to duty on 
the full value (i.e., both foreign and domestic content) of the 
auto when they re-enter the United States. As a result of the 
implementation of the duty-deferral provisions under the NAFTA 
effective on January 1, 1996, all such vehicles are required to 
be entered prior to export to Canada.
Explanation of provision
    This section amends General Note 3 of the HTS to clarify 
that all automobiles manufactured in U.S. FTZs, exported to 
Canada or Mexico, and subsequently reimported into the United 
States, are subject to duty only on their foreign content. The 
provision would apply to any such automobiles produced in an 
FTZ before January 1, 1996, that are subsequently re-entered 
into the United States (1) on or after the effective date of 
this provision, or (2) that are unliquidated, under protest, in 
litigation, or liquidation is otherwise not final during the 
period between January 1, 1994, and the effective date of the 
provision.
Reason for change
    By clarifying that all automobiles manufactured in U.S. 
FTZs will be subject to duty only on their foreign content upon 
reimportation into the United States, the provision ensures 
that such automobiles exported to Canada and Mexico receive the 
same tariff treatment, irrespective of whether they were first 
entered for consumption in the United States.

                          Technical Amendments
                            (Sections 20-22)

Current law
     The Office of the Law Revision Counsel identified several 
minor technical and clerical errors while codifying certain 
trade laws.
Explanation of provisions
    These sections correct the minor technical and clerical 
errors identified by the Office of the Law Revision Counsel in 
the Uruguay Round Agreements Act (URAA), the NAFTA 
Implementation Act, and the Tariff Act of 1930.

             Reliquidating Entry of Warp Knitting Machines
                              (Section 23)

Current law
    Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514), as 
amended, outlines rules for the filing of protests against 
decisions of the Customs Service.
Explanation of provision
    This section directs the Customs Service to reliquidate as 
duty free a single entry made on July 12, 1989 of four imported 
warp knitting machines and to refund any duties and interest 
paid on the entry.
Reason for change
    In 1988, an import-export business in North Carolina 
imported four German-made warp knitting machines, which were 
classifiable in the HTS under a duty-free category. The company 
subsequently sold the machines to a Venezuelan company, which 
returned the machines to the North Carolina company upon 
finding them to be unsatisfactory. Upon re-entry of the 
machines in Charleston, South Carolina, the Customs Service 
mistakenly classified the machinery under an incorrect HTS 
number at a duty of 4.4 percent. The provision would remedy 
this Customs' error, which resulted in the importer being 
mistakenly charged duties and interest of approximately $28,000 
for the re-entry of the machines in question.

            Temporary Suspension of Duty on Diclofop-Methyl
                              (Section 24)

Current law
    Chapter 99, subchapter II of the HTS prescribes temporary 
duty reductions or suspensions on imports of specified 
products. Diclofop-methyl (also known as dichlorofopmethyl) in 
bulk form is currently classifiable under HTS subheading 
2918.90.20 and in packaged form under HTS subheading 
3808.30.15, with a respective column 1 general rate of duty at 
12.1 percent and 1.1 cents/kg plus 8.4 percent ad valorem.
Explanation of provision
    This section amends HTS Chapter 99, subchapter II, by 
adding heading 9902.30.16, under which imports of diclofop-
methyl from countries entitled to column 1 general duty rates 
would be allowed duty free entry through December 31, 1998.
Reason for change
    The provision offers a temporary duty suspension on imports 
of diclofop-methyl, an herbicide that can be applied without 
tilling the soil, thereby allowing for the control of weeds 
without the risk of soil erosion. There is no domestic 
production of this product.

   Elimination of Duty on 2-Amino-3-Chlorobenzoic Acid, Methyl Ester
                              (Section 25)

Current law
    Subheading 2922.49.05 of Chapter 29 of the HTS sets the 
column 1 general rates of duty for oxygen-function amino-
compounds, amino-alcohols, and their esters.
Explanation of provision
    This section amends subheading 2922.49.05 of the HTS to 
include 2-Amino-3-chlorobenzoic acid, methyl ester, and 
provides for permanent, duty-free tariff treatment for imports 
from those countries entitled to column 1 general rates of 
duty.
Reason for change
    There is no domestic production of this chemical, which is 
used in the production of an herbicide for soybean broadleaf 
weed control.

  Elimination of Duties on 3,3'-Diaminobenzidine (Tetraamino Biphenyl)
                              (Section 26)

Current law
    Under the HTS, 3,3-diaminobenzidine (also known as 
tetraamino biphenyl or ``TAB'') is currently classified under 
subheading 2921.59.40, a basket category with a column 1 
general rate of duty of 12.1 percent ad valorem.
Explanation of provision
    This section amends the HTS by placing 3,3-diaminobenzidine 
under subheading 2921.59.17, with a free rate of duty, 
retroactive to January 1, 1995, the effective date of the URAA.
Reason for change
    It is the Committee's view that TAB should have been added 
to the final list of products included in the U.S. tariff 
concessions during the Uruguay Round negotiations. Under these 
circumstances, the Committee believes it is appropriate to 
provide for reliquidation of entries retroactive to the 
effective date of the URAA. There is no domestic production of 
TAB, a chemical used in the manufacture of a flame-resistant 
fiber.

               Certain Unliquidated Vessel Repair Entries
                              (Section 27)

Current law
    Section 484E of the Customs and Trade Act of 1990 (19 
U.S.C. 1466 note) provided that Lighter Aboard Ship (LASH) 
barges would be exempt from the duty imposed on foreign vessel 
repairs until December 31, 1992. The URAA made the exemption 
permanent on a prospective basis as of January 1, 1995.
Explanation of provision
    This section amends section 484E of the Customs and Trade 
Act of 1990 to extend the vessel repair duty exemption to 66 
specific repair entries of LASH barges documented under the 
laws of the United States. The duty exemption is limited to 
vessel repair entries that meet three conditions: (1) the 
entries were made during the period from January 1, 1993 
through December 31, 1994; (2) the entries had not been 
liquidated as of January 1, 1995; and (3) the entries, if they 
had been made on or after January 1, 1995, would otherwise be 
eligible for the duty exemption.
Reason for change
    The provision fills a gap in coverage between the 
previously authorized exemption, which expired December 31, 
1992, and the permanent exemption that became effective January 
1, 1995.

                       Duty on Display Fireworks
                              (Section 28)

Current law
    Subheading 3604.10.00 of the HTS establishes a general rate 
of duty of 5.3 percent ad valorem on all types of fireworks.
Explanation of provision
    This section creates a separate tariff classification for 
display or special fireworks (Class 1.3G fireworks) with a 
general rate of duty of 2.4 percent ad valorem.
Reason for change
    Under section 111 of the URAA, duties on all fireworks 
under an HTS basket category (HTS subheading 3604.10.00) were 
changed from a per kilogram rate to an ad valorem rate. An 
unintended result of this change was to increase the amount of 
duty assessed on high-value, low-weight display fireworks. This 
provision reduces the tariff rate on display fireworks to the 
ad valorem equivalent of the pre-URAA duty collected on these 
types of fireworks.

 Personal Allowance Duty Exemption for Merchandise Purchased in a Duty-
                         Free Sales Enterprise
                              (Section 29)

Current law
    Subchapter IV of HTS Chapter 98 provides that U.S. 
residents who travel outside the country for more than 48 hours 
may bring back up to $400 of merchandise purchased on their 
trip without paying duties or taxes when they return to the 
U.S. (Higher limits apply to residents returning from the U.S. 
insular possessions or from beneficiary countries under either 
the Caribbean Basin Economic Recovery Act or the Andean Trade 
Preference Act.) However, section 555(b)(6) of the Tariff Act 
of 1930 (19 U.S.C. 1555(b)(6)) provides that merchandise 
purchased in a duty-free sales enterprise in the United States 
is not eligible for exemption from duty upon the traveler's 
return to the United States.
Explanation of provision
    This section amends section 555(b)(6) of the Tariff Act of 
1930 to permit U.S. residents who have been outside the United 
States for at least 48 hours to apply merchandise purchased 
from a U.S. duty-free store against their personal duty-free 
allowance. The provision does not apply to residents returning 
from travel that involves transit to, from, or through a U.S. 
insular possession (American Samoa, Guam, or the Virgin Islands 
of the United States).
Reason for change
    The Committee believes that current law disadvantages U.S. 
duty free stores and is inconsistent with the practices of 
other countries, which allow purchases made in their duty-free 
shops to be reimported under returning-resident allowances. As 
under current law, purchases made in U.S. duty-free shops must 
be made at the beginning of a resident's outbound journey.

           Temporary Duty Suspension for Certain Motorcycles
                              (Section 30)

Current law
    Under current law, non-resident participants in the Sturgis 
Motorcycle Rally and Races must post a bond when their 
motorcycles enter the United States, and then wait for a bond 
release following proof that the goods qualified for duty-free 
entry into the United States.
Explanation of provision
    This section creates a new HTS heading 9902.98.06 
temporarily suspending duties, taxes, and fees on U.S.-produced 
motorcycles previously exported from the United States and 
later brought temporarily into the United States by 
participants in the Sturgis Rally and Races. The suspension 
would apply through December 31, 2006.
Reason for change
    This provision is intended to allow non-resident 
participants in the Sturgis Rally and Races to file an informal 
customs entry and thereby avoid posting a customs bond when 
they bring their U.S.-made motorcycles into the United States. 
This change would substantially reduce the Customs paperwork to 
which participants in the Sturgis Rally and Races would 
otherwise be subjected in seeking reimbursement of the customs 
bond.

            Deferral of Duty on Certain Production Equipment
                              (Section 31)

Current law
    Customs Service Decision 82-103 of March 2, 1982, had held 
that production equipment was not dutiable in a Foreign Trade 
Subzone until it was completely assembled, installed, tested 
and used in full-scale production. This decision was revoked on 
November 30, 1988 by a General Notice published by the Customs 
Service, where Customs took the position that such production 
equipment is dutiable at the time it is first admitted into a 
subzone rather than at the time the production equipment is 
actually used in the intended production.
Explanation of provision
    This section amends the Foreign Trade Zones Act (section 3 
of the Act of June 18, 1934, 19 U.S.C. 81c) to permit the 
deferral of payment of duty on certain production equipment 
admitted into Foreign Trade Zones (FTZs) and subzones. Payment 
may be deferred until use of such equipment for production 
commences. To qualify for duty deferral, the person admitting 
the equipment must certify to Customs that it is admitted for 
use as production equipment and that it will be entered and 
estimated duties deposited when production begins. The 
equipment shall be subject to tariff classification according 
to its character, condition and quantity, and at the rate of 
duty applicable, when production begins.
Reason for change
    The provision allows for the duty on imported production 
equipment and components installed in a U.S. FTZ or subzone to 
be deferred until use of the equipment for production begins. 
The Committee believes that, by allowing a manufacturer to 
assemble, install, and test the equipment before duties would 
be levied, export production in the United States in FTZs will 
be encouraged.

                Temporary Duty Suspension on Thidiazuron
                              (Section 32)

Current law
    HTS subheading 2934.90.15 provides that the current duty on 
thidiazuron (a plant growth regulator and defoliant) in bulk 
form is 12.1 percent ad valorem. HTS subheading 3808.30.15 
provides for a duty of 1.1 cents/kg plus 8.4 percent ad valorem 
on thidiazuron in packaged form.
Explanation of provision
    This section amends subchapter II of Chapter 99 of the HTS 
to insert a new heading 9902.30.17, temporarily suspending the 
column 1 general rate of duty rate on imports of thidiazuron, 
whether in bulk or packaged form, through December 31, 1998.
Reason for change
    There is no domestic production of this product, which is 
manufactured primarily in Germany.

                       2,3,3-Trimethyl-indolenine
                              (Section 33)

Current law
     Under HTS subheading 2933.90.82, the current rate of duty 
on 2,3,3-Trimethyl-indolenine is 3 cents/kg plus 14.3 percent 
ad valorem. Indolenine is a synthetic organic chemical used as 
a chemical intermediate in the production of certain dyes.
Explanation of provision
     This section amends subchapter II of Chapter 99 of the HTS 
to insert a new heading 9902.33.90, suspending temporarily the 
column 1 general rate of duty on imports of indolenine through 
December 31, 1999.
Reason for change
    There is no domestic production of this product.

                Bis(4-Amino-3-Methylcyclohexyl)-Methane
                              (Section 34)

Current law
     HTS subheading 2921.30.30 provides for a current rate of 
duty of 3 cents/kg plus 14.7 percent ad valorem on imports of 
Bis(4-amino-3-methylcyclohexyl)-methane, which is a synthetic 
organic chemical intermediate used as a curing agent for epoxy 
resins, which are further used in the manufacture of products 
for the automobile industry.
Explanation of provision
     This section amends subchapter II of Chapter 99 of the HTS 
to insert a new heading 9902.30.30, suspending temporarily the 
column 1 general rate of duty on imports of Bis(4-amino-3-
methylcyclohexyl)-methane through December 31, 1999.
Reason for change
     There is no domestic production of this chemical (more 
commonly referred to as Dimethyldicykane).

      Limitation on Designation as Beneficiary Developing Country
                              (Section 35)

Current law
     Under section 502(b)(2)(F) of the Trade Act of 1974, as 
amended (19 U.S.C. 2462(b)(2)(F)), the President may not 
designate any country as a beneficiary developing country for 
purposes of the U.S. Generalized System of Preferences (GSP) 
that aids or abets, by granting sanctuary from prosecution to, 
any individual or group which has committed an act of 
international terrorism.
Explanation of provision
     This section amends the current statutory provision 
relating to terrorism by adding language that would deny GSP 
beneficiary status to any country found by the Secretary of 
State to support international acts of terrorism. The effective 
date of this provision is October 1, 1996.
Reason for change
     This change would make the requirements for participation 
in the GSP program consistent with the requirements of the 
Foreign Assistance Act of 1961, which provides that countries 
that sponsor terrorism are ineligible for U.S. foreign 
assistance.

Temporary Duty Suspension on Certain Chemicals Used in the Formulation 
                      of an HIV Protease Inhibitor
                              (Section 36)

Current law
    Under current law, the column 1 general rate of duty on 
three chemical compounds required for the formulation of an HIV 
protease inhibitor currently in advanced clinical trials is 
12.1 percent ad valorem. The three chemicals are identified in 
the following HTS categories: (1) HTS subheading 2918.29.65 (3-
Acetoxy-2-methylbenzoyl chloride); (2) HTS subheading 
2922.19.60 ((S-R*,S*))-(3-Chloro-2-hydroxy-1-
((phenylthio)methyl)propyl)-carbamic acid phenylmethyl ester); 
and (3) HTS subheading 2933.40.60 (N-(1-1-dimethylethyl) 
decahydro-2 [2-hydroxy-3-[(3-hydroxy-2-methyl- benzoyl)amino]-
4-(phenylthio)butyl]-3-isoquinolinecarboxamide, [3S-
[2(2S*,3S*),3.a.,4.a.b.,8.a.b.]]).
Explanation of provision
     This section suspends through March 31, 1997, any duties 
applicable to imports of the three chemical compounds described 
above.
Reason for change
     Pursuant to an agreement under the auspices of the World 
Trade Organization, the three chemical compounds are expected 
to be added to the list of pharmaceuticals on which all duties 
imposed by the United States and our major trading partners are 
proposed to be eliminated as of April 1, 1997. Because there is 
no domestic manufacture of the three chemical compounds in 
question and it is expected they will become duty free after 
April 1, 1997, the Committee believes that a duty suspension 
until that date is appropriate. The Committee believes such 
action will help to ensure that drugs for the treatment of HIV 
and AIDS are made available as swiftly and at as low a cost as 
possible.

            Treatment of Certain Entries of Buffalo Leather
                              (Section 37)

Current law
     Under Title V of the Trade Act of 1974, as amended (19 
U.S.C. 2461 et seq.), certain imports from countries designated 
as beneficiary developing countries enter the United States 
duty free under the U.S. Generalized System of Preferences 
(GSP). Imports that exceed the so-called competitive-need limit 
(i.e., imports accounting for more than 50 percent of total 
imports of the product in question) lose their GSP eligibility 
for the following year. The competitive-need limit may, 
however, be waived where imports are de minimis.
Explanation of provision
     This section provides for the liquidation or reliquidation 
of two entries made during the month of July 1995 of buffalo 
leather imported from Thailand at the GSP rate of duty that 
applied as of June 30, 1995.
Reason for change
     On June 30, 1995, the product in question lost its 
eligibility for GSP tariff treatment because it had exceeded 
the 50 percent GSP competitive-need limit in 1994. Although the 
importer filed an emergency request for a de minimis 
competitive need waiver on April 17, 1995, the request was not 
acted upon until July 28, 1995, when the President signed 
Presidential Proclamation 6813 to restore the GSP eligibility 
of buffalo leather from Thailand. Because the President lacked 
authority to restore GSP eligibility retroactively, the 
proclamation was effective only with respect to imports entered 
after July 31, 1995. This provision would allow for GSP 
treatment with respect to two entries made during the period 
between July 1 and July 31, 1995.

                   Fees for Certain Customs Services
                              (Section 38)

Current law
     Section 13031(b) of the 1985 COBRA (19 U.S.C. 58c(a)(5)) 
provides for the collection of fees for certain Customs 
services, and establishes limitations on such fees. Section 521 
of the NAFTA Implementation Act temporarily increased the 
Customs COBRA passenger processing fee from $5 to $6.50 and 
lifted the exemption on passengers arriving from Canada, 
Mexico, and the Caribbean during the period from January 1, 
1994 through September 30, 1997. Section 521 also amended the 
COBRA to provide that passengers on so-called ``cruises to 
nowhere'' are liable for payment of the passenger processing 
fee. Customs has interpreted this provision as requiring the 
collection of the fee each time a ship touches at a U.S. port, 
even if the vessel is on a single continuous voyage and lands 
at several U.S. ports.
Explanation of provision
     This section amends section 13031(b) of the 1985 COBRA to 
provide for a one-time only collection of fees in the course of 
a single voyage for a passenger aboard a commercial vessel.
Reason for change
     The Committee believes this provision is necessary to 
clarify that, in the situation described above, Customs may 
collect the passenger processing fee only once.

      Injury Determinations for Certain Countervailing Duty Orders
                              (Section 39)

Current law
     Section 753 of the Tariff Act of 1930 (19 U.S.C. 1675b) 
requires an injury test for outstanding countervailing duty 
orders formerly issued under section 303 of the Tariff Act of 
1930 (since repealed) that was applicable to countries that 
were not parties to the 1979 Subsidies Agreement when the order 
was issued, but that have subsequently become parties to the 
Agreement on Subsidies and Countervailing Measures administered 
by the World Trade Organization (WTO). Section 701(c) of the 
Tariff Act of 1930 provides that an injury test is not required 
with respect to countervailing duty investigations involving 
imports from countries that are not WTO members.
Explanation of provision
     This section amends section 753 of the Tariff Act of 1930 
to provide an injury test in countervailing duty investigations 
under section 701(c) of the Tariff Act (involving imports not 
entitled to a material-injury determination), when the country 
from which the products originate later becomes a WTO member 
and thereby party to the Agreement on Subsidies and 
Countervailing Measures.
Reason for change
     Once countries become parties to the WTO Agreement on 
Subsidies and Countervailing Measures, all other parties to 
that Agreement must provide for an injury determination in 
countervailing duty investigations involving imports from the 
new party. This provision would facilitate administration of 
the countervailing duty law by providing for such an injury 
determination when countries later join the WTO and become 
parties to the WTO Subsidies Agreement.

        Treatment of Difference Between Collections of Estimated
             Antidumping Duty and Final Assessed Duty Under
                         Antidumping Duty Order
                              (Section 40)

Current law
     Section 737(a) of the Tariff Act of 1930 (19 U.S.C. 
1673f(a)), as amended by section 219(c)(10) of the URAA, 
provides that if the amount of the cash deposit collected as 
security for an estimated antidumping duty is different from 
the final assessed duty, the difference will be disregarded if 
the amount of the cash deposit is less than the final duty, and 
the difference will be refunded if the amount of the cash 
deposit is more than the amount of the final assessed duty. 
Section 707 of the Tariff Act of 1930 provides analogous 
treatment for deposits of estimated countervailing duties, but 
applies to bonds or other securities in addition to cash 
deposits.
Explanation of provision
     This section amends section 737(a) of the Tariff Act of 
1930 to conform the language in the antidumping law with the 
countervailing duty law with respect to the collection of 
deposits of estimated duties. Amended section 737(a) would 
apply, therefore, to cash deposits, bonds or other securities, 
as is the case with the countervailing duty law.
Reason for change
     The change is necessary to harmonize the language in the 
antidumping law and the countervailing duty law with respect to 
the deposit of estimated duties.

                   Certain Lead Fuel Test Assemblies
                              (Section 41)

Current law
     Under HTS Chapter 98, various test items may enter the 
United States duty-free under bond, provided that they are re-
exported or destroyed within a maximum period of three years 
from the date of entry.
Explanation of provision
     This section would direct the Secretary of Treasury to 
liquidate or reliquidate as duty-free, and to refund duties 
paid on four entries of lead-fuel test assemblies of nuclear-
fuel rods, upon the filing of a proper request by the importer.
Reason for change
     Although current law allows duty-free treatment of various 
test items, subject to the limitations described above, U.S. 
utilities require six to eight years to analyze the entire 
useful life of lead-fuel test assemblies of nuclear-fuel rods. 
Disposal of the assemblies is subsequently conducted under U.S. 
law governing radioactive scrap. This provision would allow an 
exception to the three-year test period limitation for four 
entries of lead fuel test assemblies.

        Suspension of Duty on Certain Injection Molding Machines
                              (Section 42)

Current law
     HTS subheading 8477.10.80 provides for a column 1 general 
rate of duty of 3.6 percent ad valorem on imports of certain 
injection molding machines.
Explanation of provision
     This section amends HTS Chapter 99, subchapter II, by 
adding heading 9902.84.77, which provides for temporary duty-
free treatment through December 31, 2000, for imports of 
certain injection molding machines used in the manufacture of 
semiconductors.
Reason for change
    There is no domestic production of these products.

         Reliquidation of Certain Entries of Color Televisions
                              (Section 43)

Current law
     Sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 
1514 and 1520) provide, respectively, for the filing of 
protests against decisions of the Customs Service, and 
authority for the Secretary of the Treasury to refund duties in 
the event of errors by the Customs Service in collecting such 
duties.
Explanation of provision
     This section directs the Customs Service to reliquidate 
certain entries of imported television sets at a duty rate set 
in an administrative review of a dumping order on television 
sets.
Reason for change
     This provision would correct an acknowledged mistake by 
the Customs Service that resulted in the improper liquidation 
of these entries. (At the time of their liquidation, the 
entries were under a suspension of liquidation order during the 
pendency of the administrative review.) As a result, the 
Customs Service retained the estimated duties deposited by the 
importer, which were in excess of the actual duties owed. The 
importer was unaware of the liquidation until after expiration 
of the one-year deadline for filing a protest with the Customs 
Service in such cases.

        Articles Used To Provide Repair and Maintenance Services
                              (Section 44)

Current law
     Under HTS heading 9804.00.10, tools of trade, occupation, 
or employment that have been taken abroad by a person returning 
to the United States from a foreign country are considered a 
personal exemption and enter the United States duty free.
Explanation of provision
     This section amends Chapter 98, subchapter I of the HTS by 
adding a new heading to permit the duty-free entry of ``tools 
of the trade'' by corporations as well as individuals.
Reason for change
     Under the Customs Service's interpretation of current law, 
goods used by technicians and engineers to provide repair 
services abroad may be brought in duty-free under the personal-
allowance exemption, but only if the same individual that took 
the goods abroad accompanies them on their return. By allowing 
for duty-free re-entry for such goods, the provision would 
simplify the customs procedures for U.S. companies that provide 
such services and are unable to avail themselves of the 
personal-allowance exemption.

               Yttrium Oxide and Cerium Aluminum Terbium
                              (Section 45)

Current law
     HTS subheading 3206.50.00 establishes a column 1 general 
rate of duty of 8.6 percent ad valorem on imports of inorganic 
products used as luminophores, including yttrium oxide and 
cerium aluminum terbium.
Explanation of provision
     This section of the bill (as modified by a subsequent 
Chairman's technical amendment) amends subchapter II of Chapter 
99 of the HTS to insert a new heading (9902.32.06), suspending 
temporarily the column 1 general rate of duty on imports of 
yttrium oxide and cerium aluminum terbium, of a kind used as 
luminophores, through December 31, 2000.
Reason for change
     These materials are inorganic chemicals that are 
luminophores used in the production of fluorescent lighting, 
and are not produced in the United States.

                   Pharmaceutical Grade Phospholipids
                              (Section 46)

Current law
     HTS subheading 2923.20.10 provides for the duty-free entry 
of certain types of purified egg phospholipids, used 
intravenously to assist patients who have difficulty digesting 
food.
Explanation of provision
     This section directs the Customs Service to liquidate or 
reliquidate certain entries of phospholipids made between March 
29, 1991, and January 1, 1995, at a lower rate of duty.
Reason for change
     The provision would correct an unintended increase in the 
tariff rate on these products that resulted from the conversion 
from the TSUS to the HTS. The tariff was eventually eliminated 
on these products on January 1, 1995, as a result of enactment 
of the Uruguay Round Agreements Act.

Certain Structures, Parts, and Components Used in the Gemini Telescopes 
                       Project, Mauna Kea, Hawaii
                              (Section 47)

Current law
     Subchapter X of Chapter 98 of the HTS implements the 
Agreement on the Importation of Educational, Scientific, and 
Cultural Material (referred to as the Florence Agreement). This 
subchapter provides for the duty-free entry of instruments and 
apparatus for the use of any nonprofit institution, whether 
public or private, established for educational or scientific 
purposes, if no instrument or apparatus of equivalent 
scientific value is being manufactured in the United States.
Explanation of provision
     This section allows duty-free entry of imports of certain 
components used in the construction of the Gemini North 
Telescope on Hawaii, which is part of the international Gemini 
Telescopes project.
Reason for change
     The Customs Service has taken the position that subchapter 
X of Chapter 98 of the HTS does not include parts and 
components of scientific instruments or apparatus. However, all 
other countries involved in the Gemini Telescope project have 
agreed to waive both taxes and any customs duties for the 
project, and the Committee believes it is appropriate in this 
case for the United States to waive customs duties on the 
components specified in the legislation. The Committee expects, 
however, to work with the Administration to develop a general 
provision, consistent with the requirements of the Florence 
Agreement, to address the importation of components of 
instruments, apparatus and associated peripherals. Such a 
general provision would obviate the need for legislation 
providing for duty suspensions with respect to specific 
projects.

                Articles Provided to Steward Observatory
                              (Section 48)

Current law
     Section 240 of the Trade and Tariff Act of 1984 (98 Stat. 
2994) authorized, under certain conditions, the duty-free entry 
of articles provided by the Max Planck Institute for 
Radioastronomy of Germany for a joint astronomical project 
undertaken with the Steward Observatory of the University of 
Arizona. The authorization expired November 1, 1993.
     Subchapter X of Chapter 98 of the HTS implements the 
Florence Agreement. This subchapter provides for the duty-free 
entry of instruments and apparatus entered for the use of any 
nonprofit institution, whether public or private, established 
for educational or scientific purposes, if no instrument or 
apparatus of equivalent scientific value is being manufactured 
in the United States.
Explanation of provision
     This section amends section 240 of the Trade and Tariff 
Act of 1984 to authorize duty-free entry of imports of articles 
provided to the Steward Observatory by the Max Planck Institute 
in Germany. The section also provides for duty-free entry of 
the large binocular telescope components, parts and equipment 
provided to the Steward Observatory by the Arcetri 
Astrophysical Observatory in Italy and the Max Planck 
Institute.
Reason for change
     This provision reauthorizes an expired provision of law 
that facilitates joint projects undertaken by the Steward 
Observatory and the Max Planck Institute. In addition, since 
the Customs Service has interpreted subchapter X of Chapter 98 
to apply only to instruments and apparatus, and not the 
components of such instruments or apparatus, legislation is 
required to authorize the duty-free importation of specific 
components of the large binocular telescope provided by the Max 
Planck Institute and the Arcetri Astrophysical Observatory. The 
Committee expects, however, to work with the Administration to 
develop a general provision, consistent with the requirements 
of the Florence Agreement, to address the importation of 
components of instruments, apparatus and associated 
peripherals. Such a general provision would obviate the need 
for legislation providing for duty suspensions with respect to 
specific projects.

   Reliquidation of Certain Frozen Concentrated Orange Juice Entries
                              (Section 49)

Current law
     Sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 
1514 and 1520) provide, respectively, for the filing of 
protests against decisions of the Customs Service, and 
authority for the Secretary of the Treasury to refund duties in 
the event of errors by the Customs Service in collecting such 
duties.
Explanation of provision
     This section directs the Customs Service to reliquidate 
certain entries of imported frozen concentrated orange juice 
(FCOJ) at a duty rate set in an administrative review of an 
antidumping order on FCOJ.
Reason for change
     This provision corrects an acknowledged mistake by the 
Customs Service that resulted in the improper liquidation of 
these entries. (At the time of their liquidation, the entries 
were under a suspension of liquidation order during the 
pendency of the administrative review.) As a result, the 
Customs Service retained the estimated duties on the entries 
deposited by the importer, which were in excess of the actual 
duties owed. The importer was unaware of the liquidation until 
after expiration of the one-year deadline for filing a protest 
with Customs in such cases.

                   Twine, Cordage, Ropes, and Cables
                              (Section 50)

Current law
     HTS subheading 5607.49.15 establishes a column 1 general 
rate of duty of 7.8 percent ad valorem for twine, cordage, 
ropes and cables of polyethylene or polypropylene that are less 
than 4.8 mm. in diameter. Subheading 5607.49.25 establishes a 
tariff of 24 cents/kg plus 13.1 percent ad valorem for such 
articles of greater diameter. HTS subheading 5607.50.20 
establishes only one tariff rate for twine, cordage, ropes and 
cables of other synthetic fibers, regardless of dimension. The 
tariff on such articles is 26.1 cents/kg plus 14.2 percent ad 
valorem.
Explanation of provision
     This section amends the HTS to provide for a column 1 
general rate of duty of 7.8 percent ad valorem on certain 
specialty twine made of synthetic fibers other than 
polyethylene or polypropylene that is less than 3.5 mm. in 
diameter, and makes conforming changes to the tariff rate on 
other twine, cordage, ropes and cables made of other synthetic 
fibers. This section also provides for the liquidation or 
reliquidation of entries of the specialty twine in question 
retroactive to 1989 under the lower duty rate.
Reason for change
     Following conversion from the TSUS to the HTS on January 
1, 1989, the specialty twine in question, which had been 
subject to a duty rate of 8 percent ad valorem, was placed 
under a tariff category subject to a higher ad valorem 
equivalent tariff rate of 19.22 percent. This provision 
restores the lower rate of duty, modified by the authorized 
staged rate reduction, which was inadvertently increased as a 
result of the conversion to the HTS. It is the Committee's 
intention that any quota category currently applicable to HTS 
subheading 5607.50.20 shall be applicable to the two new 
subheadings (HTS 5607.50.25 and HTS 5607.50.35) added by this 
legislation. The Committee expects that quotas shall be 
negotiated with U.S. trading partners with exports subject to 
quota in the usual manner. However, the aggregate amount of 
merchandise eligible to enter the United States from countries 
subject to quota restrictions under HTS subheadings 5607.50.25 
and 5607.50.35, when added together, shall not exceed the 
amount of merchandise eligible to enter the United States in 
1996 under HTS subheading 5607.50.20. There would be an 
exception for permissible or required increases based on the 
total amount under former HTS subheading 5607.50.20, which may, 
by law, and consistent with U.S. international obligations, be 
negotiated by appropriate agencies of the United States in 
succeeding years.

            Suspension of Duty on Certain Fatty Acid Esters
                              (Section 51)

Current law
     HTS subheading 3824.90.40 provides for a column 1 general 
rate of duty of 4.6 percent ad valorem on certain fatty acid 
esters used principally in the production of shampoo.
Explanation of provision
     This section amends subchapter II of Chapter 99 of the HTS 
to insert a new heading (9902.38.24), suspending the column 1 
general rate of duty on imports of these fatty acid esters 
through December 31, 2000.
Reason for change
     The Committee understands that domestic production of this 
product is consumed internally by the producers. No industry 
opposition to this provision has been expressed to the 
Committee.

     Duty Suspension on the Entry of a Mobile Bison Slaughter Unit
                              (Section 52)

Current law
     Under the HTS, a mobile bison slaughter unit is 
classifiable under subheading 8705.90.00, a basket category 
with a column 1 general rate of duty of 2.2 percent ad valorem.
Explanation of provision
     This section provides for the duty-free treatment of one 
specified entry of a mobile bison slaughter unit or require the 
reliquidation of such entry if liquidation becomes final before 
the entry into force of this provision.
Reason for change
     This provision would provide duty-free treatment to one 
entry of a mobile bison slaughter unit procured through a 
federal grant to enable an Indian tribe to sell bison products 
in accordance with Federal regulatory standards and traditional 
tribal beliefs and practices. The grant was insufficient to 
cover approximately $35,000 in duties that would be assessed 
upon importation of the unit. There is no domestic production 
of the mobile bison slaughter unit covered by this provision.

    Exemption From Tariffs and Fees for Certain Aircraft Parts and 
                               Equipment
                              (Section 53)

Current law
     Chapter 88 of the HTS generally covers aircraft parts and 
equipment.
Explanation of provision
     This section would amend General Note 16 of the HTS to 
exempt from tariffs and fees certain aircraft parts and 
equipment, which, while being used abroad, are withdrawn from 
service due to an accident, breakdown or emergency and are 
returned to the United States for repair within 45 days.
Reason for change
     This provision would partially codify an existing Treasury 
Decision (T.D. 55507(3)), which exempts from entry or payment 
of duty certain aircraft parts and equipment, which break down 
while in service abroad. This provision will ensure that such 
articles, which were made in the United States or were 
previously imported and cleared by Customs into the United 
States, will not be subject to duplicative tariff and entry 
requirements when they are brought back to the United States 
for repair.

             Reliquidation of Certain Entries of Live Swine
                              (Section 54)

Current law
     Sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 
1514 and 1520) provide, respectively, for the filing of 
protests against decisions of the Customs Service, and 
authority for the Secretary of Treasury to refund duties in the 
event of errors by the Customs Service in collecting such 
duties.
Explanation of provision
     This section directs the Customs Service to reliquidate 
certain entries of live swine at the duty rate set forth in the 
April 30, 1993 amended final results of the administrative 
review of the countervailing duty order on live swine. Any 
amounts owed by the United States pursuant to the reliquidation 
of these subject entries would be paid within 90 days after 
such reliquidation.
Reason for change
     This provision would correct an acknowledged mistake by 
the Customs Service, which resulted in the improper liquidation 
of certain entries of live swine. At the time of their 
liquidation, the entries were under a suspension of liquidation 
order during the pendency of the administrative review and 
subsequent review by a U.S.-Canada Binational Panel and 
Extraordinary Challenge Committee. As a result, the Customs 
Service retained the estimated duties deposited by the 
importer, which were in excess of the actual duties owed. The 
importer was unaware of the liquidation until after expiration 
of the one-year deadline for filing a protest in such cases.

          Reliquidation of Certain Entries of Sewing Machines
                              (Section 55)

Current law
     Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) 
provides for the filing of protests against decisions of the 
Customs Service.
Explanation of provision
     This section directs the Customs Service to reliquidate 
certain entries of sewing machines after receiving a proper 
request demonstrating that such entries are qualified for 
reimbursement in accordance with a 1993 decision by the United 
States Court of International Trade (CIT) in Pfaff American 
Sales Corp. v. United States, 17 CIT 550 (1993). Any amounts 
owed by the United States pursuant to the reliquidation of 
these subject entries would be paid within 90 days after such 
reliquidation.
Reason for change
     A company protested the classification of certain imported 
sewing machines by the Customs Service and, upon denial of the 
protest, filed an action at the CIT to challenge Customs' 
decision. The company's case was stayed pending resolution of a 
test case filed by another company with respect to the same 
type of products. The CIT found that Customs' classification of 
the sewing machines was in error, and Customs subsequently 
reliquidated the disputed entries in both cases in conformity 
to the court's decision. Because the company in question 
inadvertently omitted 68 entries from its summons and 
complaint, Customs did not reliquidate those entries at the 
lower, correct duty rate.

   Temporary Duty Suspension on Certain Textured Rolled Glass Sheets
                              (Section 56)

Current law
     Under the HTS, unfinished textured rolled glass sheets 
that are used to produce glass-ceramic stovetops are 
classifiable under subheading 7003.19.00, a basket category 
with a column 1 general rate of duty of 1.5 percent ad valorem.
Explanation of provision
     This section amends subchapter II of Chapter 99 of the HTS 
to insert a new subheading 9902.70.03, suspending temporarily 
the column 1 general rate of duty on imports of certain 
unfinished textured rolled glass sheets used in the production 
of glass-ceramic stovetops through December 31, 1998.
Reason for change
     This provision would correct a competitive imbalance in 
the tariff provisions which favors foreign production of glass-
ceramic stovetops. Because of an inverted tariff, imports of 
the unfinished glass sheets are subject to a higher rate of 
duty than imports of the finished glass ceramic stovetops 
(which enter duty-free under HTS subheading 8516.90.65). There 
is no domestic production of the glass sheets covered by this 
provision.

                  Temporary Suspension of Duty on DEMT
                              (Section 57)

Current law
     Under the HTS, N,N-diethyl-m-toluidine (commonly known, 
DEMT) is classifiable under HTS subheading 2921.43.80, a basket 
category with a column 1 general rate of duty of 1.9 cents/kg 
plus 16.3 percent ad valorem.
Explanation of provision
     This section amends subchapter II of Chapter 99 of the HTS 
to insert a new heading 9902.22.12, suspending temporarily the 
column 1 general rate of duty on imports of DEMT through 
December 31, 1998.
Reason for change
     DEMT is a raw material used in the manufacture of color 
developers for the motion picture and photographic industries. 
The sole domestic manufacturer of DEMT has announced it intends 
to cease production as of January 1, 1997. This action will 
force U.S. companies that use the product to import it from 
foreign producers.

                 Investigation on Cattle and Beef Trade
                              (Section 58)

Current law
     Section 332(g) of the Tariff Act of 1930 provides that the 
U.S. International Trade Commission (ITC) shall make such 
investigations and reports as the U.S. Senate Committee on 
Finance and the U.S. House of Representatives Committee on Ways 
and Means may request.
Explanation of provision
     This section would require the ITC to conduct a study on 
the impact of NAFTA and the Uruguay Round Agreements on U.S. 
imports and exports of live cattle for slaughter and fresh, 
chilled, and frozen beef and to examine the issue of 
transshipment of live cattle and fresh, chilled, and frozen 
beef through Mexico and Canada for importation into the United 
States. The ITC would be required to present its findings 
within 270 days of the date of enactment of this Act.
Reason for change
     Since the NAFTA and the Uruguay Round Agreement came into 
effect with respect to the United States, the Committee 
understands that there has been an unexpectedly large increase 
in imports of live cattle and fresh, chilled, and frozen beef 
into the United States, particularly from Canada and Mexico.

           Special Rule for Generalized System of Preferences
                              (Section 59)

Current law
    Section 503(c)(2)(F) of the Trade Act of 1974, which sets 
the figure for the de minimis waiver of the competitive need 
limit, refers to a dollar amount in 1996. Section 503(d), which 
describes the competitive need limit waiver, refers to products 
declared ineligible in the preceding calendar year.
Explanation of provision
    This section would include a special rule to allow the 
President to implement waivers in connection with the results 
of the 1994 competitive need reviews using the standards set 
forth in the law as it existed on July 31, 1995, and based on 
1994 data.
Reason for change
    The GSP statute, as reauthorized by Congress in July 1996, 
leaves a gap in Presidential authority to determine competitive 
need limit waivers and de minimis waivers for products declared 
ineligible for duty-free treatment due to competitive need 
limits in 1995.

                      III. Votes of the Committee

    In compliance with section 133 of the Legislative 
Reorganization Act of 1946, the Committee states that H.R. 
3815, as amended, was ordered favorably reported unanimously by 
voice vote on September 25, 1996.

                          IV. Budgetary Impact

    In compliance with sections 308 and 403 of the 
Congressional Budget Act of 1974, and paragraph 11(a) of Rule 
XXVI of the Standing Rules of the Senate, the following letter 
has been received from the Congressional Budget Office on the 
budgetary impact of the legislation:


                 V. Regulatory Impact and Other Matters

    In compliance with paragraph 11(b) of Rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
legislation will not significantly regulate any individuals or 
businesses, will not impact on the personal privacy of 
individuals, and will result in no significant additional 
paperwork.

                      VI. Changes in Existing Law

    In compliance with paragraph 12 of Rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the legislation, as reported, are shown as follows (existing 
law proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           TARIFF ACT OF 1930

                     TITLE III--SPECIAL PROVISIONS

                         Part I--Miscellaneous

          * * * * * * *

SEC. 304. MARKING OF IMPORTED ARTICLES AND CONTAINERS.

  (a)  * * *
          * * * * * * *
  (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.
  [(f)] (h) Additional Duties For Failure to Mark.--If at the 
time of importation any article (or its container, as provided 
in subsection (h) hereof) is not marked in accordance with the 
requirements of this section, and if such article is not 
exported or destroyed or the article (or its container, as 
provided in subsection (b) hereof) marked after importation in 
accordance with the requirements of this section (such 
exportation, destruction, or marking to be accomplished under 
customs supervision prior to the liquidation of the entry 
covering the article, and to be allowed whether or not the 
article has remained in continuous customs custody), there 
shall be levied, collected, and paid upon such article a duty 
of 10 per centum ad valorem, which shall be deemed to have 
accrued at the time of importation, shall not be construed to 
be penal, and shall not be remitted wholly or in part nor shall 
payment thereof be avoidable for any cause. Such duty shall be 
levied, collected, and paid in addition to any other duty 
imposed by law and whether or not the article is exempt from 
the payment of ordinary customs duties. The compensation and 
expenses of customs officers and employees assigned to 
supervise the exportation, destruction, or marking to exempt 
articles from the application of the duty provided for in this 
subsection shall be reimbursed to the Government by the 
importer.
  [(g)] (i) Delivery Withheld Until Marked.--No imported 
article held in customs custody for inspection, examination, or 
appraisement shall be delivered until such article and every 
other article of the importation (or their containers), whether 
or not released from customs custody, shall have been marked in 
accordance with the requirements of this section or until the 
amount of duty estimated to be payable under subsection [(f)] 
(h) of this section has been deposited. Nothing in this section 
shall be construed as excepting any article (or its container) 
from the particular requirements of marking provided for in any 
other provision of law.
  [(h)] (j) Treatment of Goods of a NAFTA Country.--
          (1) Application of section.--In applying this section 
        to an article that qualifies as a good of a NAFTA 
        country (as defined in section 2(4) of the North 
        American Free Trade Agreement Implementation Act) under 
        the regulations issued by the Secretary to implement 
        Annex 311 of the North American Free Trade Agreement--
          * * * * * * *
  [(i)] (k) Penalties.--Any person who, with intent to conceal 
the information given thereby or contained therein, defaces, 
destroys, removes, alters, covers, obscures, or obliterates any 
mark required under the provisions of this Act shall--
          (1) upon conviction for the first violation of this 
        subsection, be fined not more than $100,000, or 
        imprisoned for not more than 1 year, or both; and
          * * * * * * *

SEC. 313. DRAWBACK AND REFUNDS.

  (a) * * *
          * * * * * * *
  (j) Unused Merchandise Drawback.--
          (1) * * *
          (2) Subject to paragraph (4), if there is, with 
        respect to imported merchandise on which was paid any 
        duty, tax, or fee imposed under Federal law because of 
        its importation, any other merchandise (whether 
        imported or domestic), that--
                  (A) * * *
          * * * * * * *
                  (C) before such exportation or destruction--
                          (i) is not used within the United 
                        States, and
                          (ii) is in the possession of, 
                        including ownership while in bailment, 
                        in leased facilities, in transit to, or 
                        in any other manner under the 
                        operational control of, the party 
                        claiming drawback under this paragraph, 
                        if that party--
                                  (I) is the importer of the 
                                imported merchandise, or
                                  (II) received from the person 
                                who imported and paid any duty 
                                due on the imported merchandise 
                                a certificate of delivery 
                                transferring to the party the 
                                imported merchandise, 
                                commercially interchangeable 
                                merchandise, or any combination 
                                of imported and commercially 
                                interchangeable merchandise 
                                (and any such transferred 
                                merchandise, regardless of its 
                                origin, will be treated as the 
                                imported merchandise and any 
                                retained merchandise will be 
                                treated as domestic 
                                merchandise);
        then upon the exportation or destruction of such other 
        merchandise the amount of each such duty, tax, and fee 
        paid regarding the imported merchandise shall be 
        refunded as drawback, but in no case may the total 
        drawback on the imported merchandise, whether available 
        under this paragraph or any other provision of law or 
        any combination thereof, exceed 99 percent of that 
        duty, tax, or fee.
          * * * * * * *
  (r) Filing Drawback Claims.--
          (1)  * * *
          * * * * * * *
          (3)(A) 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--
                          (I) within one year from the last day 
                        of the 3-year period referred to in 
                        paragraph (1), or
                          (II) within 1 year after the date of 
                        the enactment of this paragraph,
                whichever is later.
          (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)).
  (s) Designation of Merchandise by Successor.--
          (1)  * * *
          (2) For purposes of subsection (j)(2), a drawback 
        successor may designate--
                  (A) imported merchandise which the 
                predecessor, before the date of succession, 
                imported; or
                  (B) imported merchandise, commercially 
                interchangeable merchandise, or any combination 
                of imported and commercially interchangeable 
                merchandise for which the [successor] 
                predecessor received, before the date of 
                succession, from the person who imported and 
                paid any duty due on the imported merchandise a 
                certificate of delivery transferring to the 
                successor such merchandise;
        as the basis for drawback on merchandise possessed by 
        the drawback successor after the date of succession.
          * * * * * * *
  (t) Drawback Certificates.--Any person who issues a 
certificate which would enable another person to claim drawback 
shall be subject to the recordkeeping provisions of this 
[chapter] Act, with the retention period beginning on the date 
that such certificate is issued.
          * * * * * * *

SEC. 321. ADMINISTRATIVE EXEMPTIONS.

  (a) The Secretary of the Treasury, in order to avoid expense 
and inconvenience to the Government disproportionate to the 
amount of revenue that would otherwise be collected, is hereby 
authorized, under such regulations as he shall prescribe, to--
         (1) disregard a difference of an amount specified by 
        the Secretary by regulation, but not less than $20, 
        between the total estimated duties, fees, and taxes 
        deposited, or the total duties fees, and taxes 
        tentatively assessed, with respect to any entry of 
        merchandise and the total amount of [duties, fees, and 
        taxes actually accruing] duties, fees, taxes, and 
        interest actually accruing thereon;
          (2) admit articles free of duty and of any tax 
        imposed on or by reason of importation, but the 
        aggregate fair retail value in the country of shipment 
        of articles imported by one person on one day and 
        exempted from the payment of duty shall not exceed an 
        amount specified by the Secretary by regulation, but 
        not less than--
                  (A)  * * *
                  (B) $200 in the case of articles 
                accompanying, and for the personal or household 
                use of, persons arriving in the United States 
                who are not entitled to any exemption from duty 
                under subheading 9804.00.30, 9804.00.65, or 
                9804.00.70 of this Act, or
          (3) waive the collection of duties, fees, [and taxes] 
        taxes, and interest due on entered merchandise when 
        such duties, fees, [or taxes] taxes, or interest are 
        less than $20 or such greater amount as may be 
        specified by the Secretary by regulation.
          * * * * * * *

SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE.

  (a) * * *
  (b) Investigations of Violations by Commission.--(1) * * *
          * * * * * * *
  (3) Whenever, in the course of an investigation under this 
section, the Commission has reason to believe, based on 
information before it, that a matter, in whole or in part, may 
come within the purview of subtitle B of title VII of this Act, 
it shall promptly notify the Secretary of Commerce so that such 
action may be taken as is otherwise authorized by [such section 
and] such subtitle. If the Commission has reason to believe 
that the matter before it (A) is based solely on alleged acts 
and effects which are within the purview of section 701 or 731, 
or (B) relates to an alleged copyright infringement with 
respect to which action is prohibited by section 1008 of title 
17, United States Code, the Commission shall terminate, or not 
institute, any investigation into the matter. If the Commission 
has reason to believe the matter before it is based in part on 
alleged acts and effects which are within the purview of 
section 701 or 731 of this Act, and in part on alleged acts and 
effects which may, independently from or in conjunction with 
those within the purview of such section, establish a basis for 
relief under this section, then it may institute or continue an 
investigation into the matter. If the Commission notifies the 
Secretary or the administering authority (as defined in section 
771(1) of this Act) with respect to a matter under this 
paragraph, the Commission may suspend its investigation during 
the time the matter is before the Secretary or administering 
authority for final decision. Any final decision by the 
administering authority under section 701 or 731 of this Act 
with respect to the matter within such section 701 or 731 of 
which the Commission has notified the Secretary or 
administering authority shall be conclusive upon the Commission 
with respect to the issue of less-than-fair-value sales or 
subsidization and the matters necessary for such decision.
          * * * * * * *

                  TITLE IV--ADMINISTRATIVE PROVISIONS

      PART I--DEFINITIONS AND NATIONAL CUSTOMS AUTOMATION PROGRAM

                         Subpart A--Definitions

SEC. 401. MISCELLANEOUS.

  When used in this title or in Part I of Title III--
  (a)  * * *
          * * * * * * *
  (s) [The term ``reconciliation'' means an electronic process, 
initiated at the request of an importer, under which the 
elements of an entry, other than those elements related to the 
admissibility of the merchandise, that are undetermined at the 
time of entry summary are provided to the Customs Service at a 
later time. A reconciliation is treated as an entry for 
purposes of liquidation, reliquidation, and protest.] The term 
``reconciliation'' means an electronic process, initiated at 
the request of an importer, under which the elements of an 
entry (other than those elements related to the admissibility 
of the merchandise) that are undetermined at the time the 
importer files or transmits the documentation or information 
required by section 484(a)(1)(B), or the import activity 
summary statement, are provided to the Customs Service at a 
later time.
          * * * * * * *

SEC. 413. IMPLEMENTATION AND EVALUATION OF PROGRAM.

  (a) Overall Program Plan.--
          (1) In general.--Before the 180th day after the date 
        of the enactment of [this Act] the North American Free 
        Trade Agreement Implementation Act, the Secretary shall 
        develop and transmit to the Committees an overall plan 
        for the Program. The overall Program plan shall set 
        forth--
                  (A) * * *
          * * * * * * *

      Part II--Report, Entry, and Unlading of Vessels and Vehicles

          * * * * * * *

SEC. 431. MANIFEST--REQUIREMENT, FORM, AND CONTENTS.

  (a)  * * *
          * * * * * * *
  (c)(1) Except as provided in subparagraph (2), the following 
information, when contained in [such manifest], a vessel 
manifest shall be available to public disclosure:
          * * * * * * *

SEC. 436. PENALTIES FOR VIOLATIONS OF THE ARRIVAL, REPORTING, ENTRY, 
                    AND CLEARANCE REQUIREMENTS.

  (a) Unlawful Acts.--It is unlawful--
          (1) to fail to comply with section 431, 433, or 434 
        of this Act or section 4197 of the Revised Statutes of 
        the United States (46 U.S.C. App. 91);
          (2) to present or transmit, electronically or 
        otherwise, any forged, altered, or false document, 
        paper, information, data or manifest to the Customs 
        Service under section 431[(e)], 433(d), or 434 of this 
        Act or section 4197 of the Revised Statutes of the 
        United States (46 U.S.C. App. 91) without revealing the 
        facts; [or]
          * * * * * * *

SEC. 441. EXCEPTIONS TO VESSEL ENTRY AND CLEARANCE REQUIREMENTS.

  The following vessels shall not be required to make entry 
under section 434 or to obtain clearance under section 4197 of 
the Revised Statutes of the United States (46 U.S.C. App. 91):
  (1) Vessels of war and public vessels employed for the 
conveyance of letters and dispatches and not permitted by the 
laws of the nations to which they belong to be employed in the 
transportation of passengers or merchandise in trade[;].
  (2) Passenger vessels making three trips or oftener a week 
between a port of the United States and a foreign port, or 
vessels used exclusively as ferryboats, carrying passengers, 
baggage, or merchandise: Provided, That the master of any such 
vessel shall be required to report such baggage and merchandise 
to the appropriate customs officer within twenty-four hours 
after arrival[;].
          * * * * * * *
  (4) Any United States documented vessel with recreational 
endorsement or any undocumented United States pleasure vessel 
not engaged in trade, if--
          (A) the vessel complies with the reporting 
        requirements of section 433, and with the customs and 
        navigation laws of the United States;
          (B) the vessel has not visited any hovering vessel; 
        and
          (C) the master of, and any other person on board, the 
        vessel, if the master or such person has on board any 
        article required by law to be entered or declared, 
        reports such article to the Customs Service immediately 
        upon arrival[;].
  (5) Vessels arriving in distress or for the purpose of taking 
on bunker coal, bunker oil, sea stores, or ship's stores and 
which shall depart within twenty-four hours after arrival 
without having landed or taken on board any passengers, or any 
merchandise other than bunker coal, bunker oil, sea stores, or 
ship's stores: Provided, That the master, owner or agent of 
such vessel shall report under oath to the appropriate customs 
officer the hour and date of arrival and departure and the 
quantity of bunker coal, bunker oil, sea stores, or ship's 
stores taken on board[; and].
          * * * * * * *

      Part III--Ascertainment, Collection, and Recovery of Duties

          * * * * * * *

SEC. 484. ENTRY OF MERCHANDISE.

  (a) Requirement and Time.--
          (1) Except as provided in sections 490, 498, 552, 
        [553, and 336(j)] and 553, one of the parties 
        qualifying as ``importer of record'' under paragraph 
        (2)(B), either in person or by an agent authorized by 
        the party in writing, shall, using reasonable care--
                  (A)  * * *
          * * * * * * *
    (b) Reconciliation Requirements.--
          (1) In general.--[A party that electronically 
        transmits an entry summary or import activity summary 
        statement may at the time of filing such summary or 
        statement notify the Customs Service of his intention 
        to file a reconciliation pursuant to such regulations 
        as the Secretary may prescribe. Such reconciliation 
        must be filed by the importer of record within such 
        time period as is prescribed by regulation but no later 
        than 15 months following the filing of the entry 
        summary or import activity summary statement; except 
        that the prescribed time period for reconciliation 
        issues relating to the assessment of antidumping and 
        countervailing duties shall require filing no later 
        than 90 days after the Customs Service advises the 
        importer that a period of review for antidumping or 
        countervailing duty purposes has been completed. Before 
        filing a reconciliation, an importer of record shall 
        post bond or other security pursuant to such 
        regulations as the Secretary may prescribe.] A party 
        may elect to file a reconciliation with regard to such 
        entry elements as are identified by the party pursuant 
        to regulations prescribed by the Secretary. If the 
        party so elects, the party shall declare that a 
        reconciliation will be filed. The declaration shall be 
        made in such manner as the Secretary shall prescribe 
        and at the time the documentation or information 
        required by subsection (a)(1)(B) or the import activity 
        summary statement is filed with, or transmitted to, the 
        Customs Service, or at such later time as the Customs 
        Service may, in its discretion, permit. The 
        reconciliation shall be filed by the importer of record 
        at such time and in such manner as the Secretary 
        prescribes but not later than 15 months after the date 
        the importer declares his intent to file the 
        reconciliation. In the case of reconciling issues 
        relating to the assessment of antidumping and 
        countervailing duties, the reconciliation shall be 
        filed not later than 90 days after the date the Customs 
        Service advises the importer that the period of review 
        for antidumping or countervailing duty purposes has 
        been completed.
          * * * * * * *

SEC. 490. GENERAL ORDERS.

  (a) * * *
          * * * * * * *
  (c) Government Merchandise.--Any imported merchandise that--
          (1) is described in any of [paragraphs (1) through 
        (4) of subsection (a)] subparagraphs (A) through (D) of 
        subsection (a)(1); and
          * * * * * * *

SEC. 491. UNCLAIMED MERCHANDISE; DISPOSITION OF FORFEITED DISTILLED 
                    SPIRITS, WINES AND MALT LIQUOR

  (a) Any entered or unentered merchandise (except merchandise 
entered under section 557 of this Act, but including 
merchandise entered for transportation in bond or for 
exportation) which shall remain [in in] in a bonded warehouse 
pursuant to section 490 for 6 months from the date of 
importation thereof, without all estimated duties, taxes, fees, 
interest, storage, or other charges thereon having been paid, 
shall be considered unclaimed and abandoned to the Government 
and shall be appraised and sold by the [appropriate customs 
officer] Customs Service at public auction under such 
regulations as the Secretary of the Treasury shall prescribe. 
All gunpowder and other explosive substances and merchandise 
liable to depreciation in value by damage, leakage, or other 
cause to such extent that the proceeds of sale thereof may be 
insufficient to pay the duties, taxes, fees, interest, storage, 
and other charges, if permitted to remain in pursuant to 
section 490 in a bonded warehouse for 6 months, may be sold 
forthwith, under such regulations as the Secretary of the 
Treasury may prescribe. Merchandise subject to sale hereunder 
or under section 559 of this Act may be entered or withdrawn 
for consumption at any time prior to such sale upon payment of 
all duties, taxes, fees, interest, storage, and other charges, 
and expenses that may have accrued thereon, but such 
merchandise after becoming subject to sale may not be exported 
prior to sale without the payment of such duties, taxes, fees, 
interest, charges, and expenses nor may it be entered for 
warehouse. The computation of duties, taxes, interest, and fees 
for the purposes of this section and sections 493 and 559 of 
this Act shall be at the rate of rates applicable at the time 
the merchandise becomes subject to sale.
          * * * * * * *

SEC. 504. LIMITATION ON LIQUIDATION.

  (a)  * * *
          * * * * * * *
  (d) Removal of Suspension.--Except as provided in section 
751(a)(3), when a suspension required by statute or court order 
is removed, the Customs Service shall liquidate the entry, 
unless liquidation is extended under subsection (b), within 6 
months after receiving notice of the removal from the 
Department of Commerce, other agency, or a court with 
jurisdiction over the entry. Any entry (other than an entry 
with respect to which liquidation has been extended under 
subsection (b)) not liquidated by the Customs Service within 6 
months after receiving such notice shall be treated as having 
been liquidated at the rate of duty, value, quantity, and 
amount of duty asserted at the time of entry by the importer of 
record.

SEC. 505. PAYMENT OF DUTIES AND FEES.

  (a)  * * *
          * * * * * * *
  (c) Interest.--Interest assessed due to an underpayment of 
duties, fees, or interest shall accrue, at a rate determined by 
the Secretary, from the date the importer of record is required 
to deposit estimated duties, fees, and interest to the date of 
liquidation or reliquidation of the applicable entry or 
reconciliation. Interest on excess moneys deposited shall 
accrue, at a rate determined by the Secretary, from the date 
the importer of record deposits estimated duties, fees, and 
interest or, in a case in which a claim is made under section 
520(d), from the date on which such claim is made, to the date 
of liquidation or reliquidation of the applicable entry or 
reconciliation.
          * * * * * * *

SEC. 508. RECORDKEEPING.

  (a)  * * *
          * * * * * * *
  (c) Period of Time.--The records required by subsections (a) 
and (b) shall be kept for such periods of time as the Secretary 
shall prescribe; except that--
          (1) no period of time for the retention of the 
        records required under subsection (a) or (b)(3) may 
        exceed 5 years from the date of entry, filing of a 
        reconciliation, or exportation, as appropriate;
          * * * * * * *

SEC. 509. EXAMINATION OF BOOKS AND WITNESSES.

  (a) Authority.--In any investigation or inquiry conducted for 
the purpose of ascertaining the correctness of any entry, for 
determining the liability of any person for duty, fees, fees 
and taxes due or duties, fees, fees and taxes which may be due 
the United States, for determining liability for fines and 
penalties, or for insuring compliance with the laws of the 
United States administered by the United States Customs 
Service, the Secretary (but no delegate of the Secretary below 
the rank of district director or special agent in charge) may--
          (1)  * * *
          (2) summon, upon reasonable notice--
                  (A)  * * *
          * * * * * * *
                  (D) any other person he may deem proper;
        to appear before the appropriate customs officer at the 
        time and place within the customs territory of the 
        United States specified in the summons (except that no 
        witness may be required to appear at any place more 
        than one hundred miles distant from the place where he 
        was served with the summons), to produce records, as 
        defined in subsection [(c)(I)(A)] (d)(1)(A), and to 
        give such testimony, under oath, as may be relevant to 
        such investigation or inquiry; and
          * * * * * * *
  (b) Regulatory Audit Procedures.--
          (1)  * * *
          * * * * * * *
          (3) Except as provided in paragraph (5), if the 
        estimated or actual termination date for an audit 
        passes without the Customs Service auditor providing a 
        closing conference to explain the results of the audit, 
        the person being audited may petition in writing for 
        such a conference to the [appropriate regional 
        commissioner] officer designated pursuant to 
        regulations, who, upon receipt of such a request, shall 
        provide for such a conference to be held within 15 days 
        after the date of receipt.
          (4) Except as provided in paragraph (5), the Customs 
        Service auditor shall complete the formal written audit 
        report within 90 days following the closing conference 
        unless the [appropriate regional commissioner] officer 
        designated pursuant to regulations provides written 
        notice to the person being audited of the reason for 
        any delay and the anticipated completion date. After 
        application of any exemption contained in section 552 
        of title 5, United States Code, a copy of the formal 
        written audit report shall be sent to the person 
        audited no later than 30 days following completion of 
        the report.
          * * * * * * *

SEC. 514. PROTEST AGAINST DECISIONS OF THE CUSTOMS SERVICE.

  (a) Finality of Decisions.--Except as provided in subsection 
(b) of this section, section 501 (relating to voluntary 
reliquidations), section 516 (relating to petitions by domestic 
interested parties), [section 520 (relating to refunds and 
errors), and section 521 (relating to reliquidations on account 
of fraud)] and section 520 (relating to refunds and errors) of 
this Act, decisions of the Customs Service, including the 
legality of all orders and findings entering into the same, as 
to--
          (1) * * *
          * * * * * * *
    Sec. 515. Review of Protests.--
  (a)  * * *
          * * * * * * *
  (d) If a protest is timely and properly filed, but is denied 
contrary to proper instructions, the Customs Service may on its 
own initiative, or pursuant to a written request by the 
protesting party filed with the appropriate [district director] 
port director within 90 days after the date of the protest 
denial, void the denial of the protest.
          * * * * * * *

SEC. 516A. JUDICIAL REVIEW IN COUNTERVAILING DUTY AND ANTI-DUMPING DUTY 
                    PROCEEDINGS.

  (a) Review of Determination.--
          (1) * * *
          (2) Review of determinations on record.--
                  (A) In general.--Within thirty days after--
                          (i) the date of publication in the 
                        Federal Register of--
                                  (I) notice of any 
                                determination described in 
                                clause (ii), (iii), (iv), (v), 
                                or (viii) of subparagraph (B),
          * * * * * * *
  (g) Review of Countervailing Duty and Antidumping Duty 
Determinations Involving Free Trade Area Country Merchandise.--
          (1) * * *
          * * * * * * *
          (4) Exception to exclusive binational panel review 
        for constitutional issues.--
                  (A) Constitutionality of binational panel 
                review system.--An action for declaratory 
                judgment or injunctive relief, or both, 
                regarding a determination on the grounds that 
                any provision of, or amendment made by, the 
                North American Free Trade Agreement 
                Implementation Act implementing the binational 
                dispute settlement system under chapter 19 of 
                the NAFTA, or the United States-Canada Free-
                Trade [Implementation Agreement Act of 1988] 
                Agreement Implementation Act of 1988 
                implementing the binational panel dispute 
                settlement system under chapter 19 of the 
                Agreement, violates the Constitution may be 
                brought only in the United States Court of 
                Appeals for the District of Columbia Circuit, 
                which shall have jurisdiction of such action.
          * * * * * * *
          (12) Judicial review upon termination of binational 
        panel or committee review under the nafta.--
                  (A) * * *
          * * * * * * *
                  (D)[(i)] Transfer for judicial review upon 
                settlement.--(i) If the Trade Representative 
                achieves a settlement with the government of a 
                country described in subsection (f)(10)(A) or 
                (B) pursuant to paragraph 7 of article 1905 of 
                the NAFTA, and referral for judicial review is 
                among the terms of such settlement, any final 
                determination that is the subject of a 
                binational panel review or an extraordinary 
                challenge committee review shall, upon a 
                request described in clause (ii), be 
                transferred to the United States Court of 
                International Trade (in accordance with rules 
                issued by the Court) for review under 
                subsection (a).
          * * * * * * *

SEC. 555. BONDED WAREHOUSES.

  (a) * * *
  (b) Duty-Free Sales Enterprises.--
          (1) * * *
          * * * * * * *
          (6) [Merchandise] (A) Except as provided in 
        subparagraph (B), merchandise  that is purchased in a 
        duty-free sales enterprise is not eligible for 
        exemption from duty under subchapter IV of chapter 98 
        of the Harmonized Tariff Schedule of the United States 
        if such merchandise is brought back to the customs 
        territory.
          (B) Except in the case of travel involving transit 
        to, from, or through an insular possession of the 
        United States, merchandise described in subparagraph 
        (A) that is purchased by a United States resident shall 
        be 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 resident meets 
        the eligibility requirements for the exemption claimed. 
        Notwithstanding any other provision of law, such 
        merchandise shall be considered to be an article 
        acquired abroad as an incident of the journey from 
        which the resident is returning, for purposes of 
        determining eligibility for any such exemption.
          * * * * * * *

SEC. 592. PENALTIES FOR FRAUD, GROSS NEGLIGENCE, AND NEGLIGENCE.

  (a) Prohibition.--
          (1) General rule.--Without regard to whether the 
        United States is or may be deprived of all or a portion 
        of any [lawful duty] lawful duty, tax, or fee thereby, 
        no person, by fraud, gross negligence, or negligence--
                  (A)  * * *
          * * * * * * *
  (b) Procedures.--
          (1) Pre-penalty notice.--
                  (A) In general.--If the Customs Service has 
                reasonable cause to believe that there has been 
                a violation of subsection (a) and determines 
                that further proceedings are warranted, it 
                shall issue to the person concerned a written 
                notice of its intention to issue a claim for a 
                monetary penalty. Such notice shall--
                          (i)  * * *
          * * * * * * *
                          (vi) state the estimated loss of 
                        [lawful duties] lawful duties, taxes, 
                        and fees, if any, and, taking into 
                        account all circumstances, the amount 
                        of the proposed monetary penalty; and
          * * * * * * *
  (c) Maximum Penalties.--
          (1)  * * *
          (2) Gross negligence.--A grossly negligent violation 
        of subsection (a) is punishable by a civil penalty in 
        an amount not to exceed--
                  (A) the lesser of--
                          (i) the domestic value of the 
                        merchandise, or
                          (ii) four times the [lawful duties] 
                        lawful duties, taxes, and fees of which 
                        the United States is or may be 
                        deprived, or
                  (B) if the violation did not affect the 
                assessment of duties, 40 percent of the 
                dutiable value of the merchandise.
          (3) Negligence.--A negligent violation of subsection 
        (a) is punishable by a civil penalty in an amount not 
        to exceed--
                  (A) the lesser of--
                          (i) the domestic value of the 
                        merchandise, or
                          (ii) two times the [lawful duties] 
                        lawful duties, taxes, and fees of which 
                        the United States is or may be 
                        deprived, or
                  (B) if the violation did not affect the 
                assessment of duties, 20 percent of the 
                duitable value of the merchandise.
          (4) Prior disclosure.--If the person concerned 
        discloses the circumstances of a violation of 
        subsection (a) before, or without knowledge of, the 
        commencement of a formal investigation of such 
        violation, with respect to such violation, merchandise 
        shall not be seized and any monetary penalty to be 
        assessed under subsection (c) shall not exceed--
                  (A) if the violation resulted from fraud--
                          (i) an amount equal to 100 percent of 
                        the [lawful duties] lawful duties, 
                        taxes, and fees of which the United 
                        States is or may be deprived, so long 
                        as such person tenders the unpaid 
                        amount of the [lawful duties] lawful 
                        duties, taxes, and fees at the time of 
                        disclosure, or within 30 days (or such 
                        longer period as the Customs Service 
                        may provide) after notice by the 
                        Customs Service of its calculation of 
                        such unpaid amount, or
                          (ii) if such violation did not affect 
                        the assessment of duties, 10 percent of 
                        the dutiable value; or
                  (B) if such violation resulted from 
                negligence or gross negligence, the interest 
                (computed from the date of liquidation at the 
                prevailing rate of interest applied under 
                section 6621 of the Internal Revenue Code of 
                1954) on the amount of [lawful duties] lawful 
                duties, taxes, and fees of which the United 
                States is or may be deprived so long as such 
                person tenders the unpaid amount of the [lawful 
                duties] lawful duties, taxes, and fees at the 
                time of disclosure, or within 30 days (or such 
                longer period as the Customs Service may 
                provide) after notice by the Customs Service of 
                its calculation of such unpaid amount.
        The person asserting lack of knowledge of the 
        commencement of a formal investigation has the burden 
        of proof in establishing such lack of knowledge. For 
        purposes of this section, a formal investigation of a 
        violation is considered to be commenced with regard to 
        the disclosing party and the disclosed information on 
        the date recorded in writing by the Customs Service as 
        the date on which facts and circumstances were 
        discovered or information was received which caused the 
        Customs Service to believe that a possibility of a 
        violation of subsection (a) existed.
          * * * * * * *
  (d) Deprivation of Lawful Duties, [Taxes] Taxes, or Fees.--
Notwithstanding section 514 of this Act, if the United States 
has been deprived of lawful duties, taxes, or fees as a result 
of a violation of subsection (a), the Customs Service shall 
require that such lawful duties, taxes [or fees be restored] 
and fees be restored, whether or not a monetary penalty is 
assessed.
          * * * * * * *

SEC. 592A. SPECIAL PROVISIONS REGARDING CERTAIN VIOLATIONS.

  (a) Publication of Names of Certain Violators.--
          (1) * * *
          * * * * * * *
          (3) Removal from list.--Any person whose name has 
        been included in a list published under paragraph (1) 
        may petition the Secretary to be removed from such 
        list. If the Secretary finds that such person has not 
        committed any violations described in paragraph (2) for 
        a period of not less than 3 years after the date on 
        which the person's name was so published, the Secretary 
        shall remove such person from the list as of the next 
        publication of the [list under paragraph (2)] list 
        under paragraph (1).
          * * * * * * *

SEC. 625. INTERPRETIVE RULINGS AND DECISIONS; PUBLIC INFORMATION.

  (a) Publication.--Within 90 days after the date of issuance 
of any interpretive ruling (including any ruling letter, or 
internal advice memorandum) or protest review decision under 
this [chapter] Act with respect to any customs transaction, the 
Secretary shall have such ruling or decision published in the 
Customs Bulletin or shall otherwise make such ruling or 
decision available for public inspection.
          * * * * * * *

SEC. 631. USE OF PRIVATE COLLECTION AGENCIES.

  (a) In General.--Notwithstanding any other provision of law, 
including section 3302 of title 31, United States Code, and 
subchapters I and II of chapter 37 of such title, the 
Secretary, under such terms and conditions as the Secretary 
considers appropriate, shall enter into contracts and incur 
obligations with one or more persons for collection services to 
recover indebtedness arising under the customs laws and owed 
the United States Government, and the expenses associated with 
recovering such indebtedness, but only after the Customs 
Service has exhausted all administrative efforts, including all 
claims against applicable surety bonds, to collect the 
indebtedness.
          * * * * * * *
   (c) Payment of Costs.--The debtor shall be assessed and pay 
any and all costs associated with collection efforts pursuant 
to this section. Notwithstanding section 3302(b) of title 31, 
united States Code, any sum so collected shall be used to pay 
the costs of debt collection services.
          * * * * * * *

                   Part VI--Miscellaneous Provisions

SEC. 641. CUSTOMS BROKERS.

  (a) * * *
          * * * * * * *
  (d) Disciplinary Proceedings.--
          (1) * * *
          (2) Procedures.--
                  (A) * * *
                  (B) Revocation or suspension.--The Customs 
                Service may, for good and sufficient reason, 
                serve notice in writing upon any customs broker 
                to show cause why a license or permit issued 
                under this section should not be revoked or 
                suspended. The notice shall be in the form of a 
                statement specifically setting forth the 
                grounds of the complaint, and shall allow the 
                customs broker 30 days to respond. If no 
                response is filed, or the Customs Service 
                determines that the revocation or suspension is 
                still warranted, it shall notify the customs 
                broker in writing of a hearing to be held 
                within 30 days, or at a later date if the 
                broker requests an extension and shows good 
                cause therefor, before an administrative law 
                judge appointed pursuant to section 3105 of 
                title 5, United States Code, who shall serve as 
                the hearing officer. If the customs broker 
                waives the hearing, or the broker or his 
                designated representative fails to appear at 
                the appointed time and place, the hearing 
                officer shall make findings and recommendations 
                based on the record submitted by the parties. 
                At the hearing, the customs broker may be 
                represented by counsel, and all proceedings, 
                including the proof of the charges and the 
                response thereto shall be presented with 
                testimony taken under oath and the right of 
                cross-examination accorded to both parties. A 
                transcript of the hearing shall be made and a 
                copy will be provided to the Customs Service 
                and the customs broker; which shall thereafter 
                be provided reasonable opportunity to file a 
                post-hearing brief. Following the conclusion of 
                the hearing, the hearing officer shall transmit 
                promptly the record of the hearing along with 
                the findings of fact and recommendations to the 
                Secretary for decision. The Secretary will 
                issue a written decision, based solely on the 
                record, setting forth [his] the findings of 
                fact and the reasons for the decision. Such 
                decision may provide for the sanction contained 
                in the notice to show cause or any lesser 
                sanction authorized by this subsection, 
                including a monetary penalty not to exceed 
                $30,000, then was contained in the notice to 
                show cause.
          * * * * * * *

            TITLE VII--COUNTERVAILING AND ANTIDUMPING DUTIES

          * * * * * * *

            Subtitle A--Imposition of Countervailing Duties

          * * * * * * *

SEC. 702. PROCEDURES FOR INITIATING A COUNTERVAILING DUTY 
                    INVESTIGATION.

  (a) * * *
          * * * * * * *
  (c) Petition Determination.--
          (1) * * *
          * * * * * * *
          (5) Definition of domestic producers or workers.--For 
        purposes of this subsection, the term ``domestic 
        producers or workers'' means those interested parties 
        who are eligible to file a petition under subsection 
        [(b)(1)(A)] (b)(1).
          * * * * * * *

SEC. 705. FINAL DETERMINATIONS.

  (a) * * *
          * * * * * * *
  (c) Effect of Final Determinations.--
          (1) Effect of affirmative determination by the 
        administering authority.--If the determination of the 
        administering authority under subsection (a) is 
        affirmative, then--
                  (A) * * *
                  (B)(i) the administering authority shall--
                          (I) * * *
                          (II) if section 777A(e)(2)(B) 
                        applies, determine a single estimated 
                        country-wide subsidy rate, applicable 
                        to all exporters and producers,
          * * * * * * *

              Subtitle B--Imposition of Antidumping Duties

          * * * * * * *

SEC. 732. PROCEDURES FOR INITIATING AN ANTIDUMPING DUTY INVESTIGATION.

  (a) * * *
          * * * * * * *
  (c) Petition Determination.--
          (1) * * *
          * * * * * * *
          (5) Definition of domestic producers or workers.--For 
        purposes of this subsection, the term ``domestic 
        producers or workers'' means those interested parties 
        who are eligible to file a petition under subsection 
        [(b)(1)(A)] (b)(1).
          * * * * * * *
  (e) Information Regarding Critical Circumstances.--If, at any 
time after the initiation of an investigation under this 
subtitle, the administering authority finds a reasonable basis 
to suspect that--
          (1) there is a history of dumping in the United 
        States or elsewhere of [the the] the subject 
        merchandise, or
          * * * * * * *

SEC. 737. TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMATED 
                    ANTIDUMPING DUTY AND FINAL ASSESSED DUTY UNDER 
                    ANTIDUMPING DUTY ORDER.

  (a) Deposit of Estimated Antidumping Duty Under Section 
733(d)(1)(B).--If the amount of a cash [deposit collected] 
deposit, or the amount of any bond or other security, required 
as security for an estimated antidumping duty under section 
733(d)(1)(B) is different from the amount of the antidumping 
duty determined under an antidumping duty order published under 
section 736, then the difference for entries of merchandise 
entered, or withdrawn from warehouse, for consumption before 
notice of the affirmative determination of the Commission under 
section 735(b) is published shall be--
          (1) disregarded, to the extent [the cash deposit 
        collected] that the cash deposit, bond, or other 
        security is lower than the duty under the order, or
          (2) [refunded, to the extent the cash deposit] 
        refunded or released, to the extent that the cash 
        deposit, bond, or other security is higher than the 
        duty under the order.
          * * * * * * *

        Subtitle C--Reviews; Other Actions Regarding Agreements

     CHAPTER 1--REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN 
                  QUANTITATIVE RESTRICTION AGREEMENTS

          * * * * * * *

SEC. 753. SPECIAL RULES FOR INJURY INVESTIGATIONS FOR CERTAIN SECTION 
                    303 OR SECTION 701(c) COUNTERVAILING DUTY ORDERS 
                    AND INVESTIGATIONS.

  (a) In General.--
          (1) * * *
          (2) Description of countervailing duty orders.--A 
        countervailing duty order described in this paragraph 
        is an order issued under section 303 or section 701(c) 
        with respect to which the requirement of an affirmative 
        determination of material injury [under section 
        303(a)(2)] was not applicable at the time such order 
        was issued.
          * * * * * * *
  (c) Pending and Suspended Countervailing Duty 
Investigations.--If, on the date on which a country becomes a 
Subsidies Agreement country, there is a countervailing duty 
investigation in progress or suspended under section 303 or 
section 701(c) that applies to merchandise which is a product 
of that country and with respect to which the requirement of an 
affirmative determination of material injury [under section 
303(a)(2)] was not applicable at the time the investigation was 
initiated, the Commission shall--
          (1) * * *
          * * * * * * *

                     Subtitle D--General Provisions

SEC. 771. DEFINITIONS; SPECIAL RULES.

  For purposes of this title--
          (1) * * *
          * * * * * * *
          (16) Foreign like product.--The term ``foreign like 
        product'' means merchandise in the first of the 
        following categories in respect of which a 
        determination for the purposes of subtitle B of this 
        title can be satisfactorily made:
                  (A) * * *
                  (B) Merchandise.--
                          (i) produced in the same country and 
                        by the same person as the [merchandise 
                        which is the subject of the 
                        investigation] subject merchandise,
                          (ii) like that merchandise in 
                        component material or materials and in 
                        the purposes for which used, and
                          (iii) approximately equal in 
                        commercial value to that merchandise.
          * * * * * * *
          (30) WTO member and wto member country.--The terms 
        ``WTO member'' and ``WTO member country'' mean a state, 
        or separate customs territory (within the meaning of 
        Article XII of the WTO Agreement), with respect to 
        which the United States applies the WTO [agreement] 
        Agreement.
          * * * * * * *

SEC. 783. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.

    (a) * * *
          * * * * * * *
    (f) Reviews of Determinations.--For purposes of review 
under section 516A or review under section 751, if an order is 
issued under subsection [(d)] (e), the final determinations of 
the administering authority and the Commission under this 
section shall be treated as final determinations made under 
section 735.
          * * * * * * *
                              ----------                              


                         ACT OF AUGUST 5, 1935

AN ACT To protect the revenue of the United States and provide measures 
for the more effective enforcement of the laws respecting the revenue, 
 to prevent smuggling, to authorize customs-enforcement areas, and for 
                            other purposes.

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

                                TITLE I

          * * * * * * *
    [Sec. 7. In addition to any other requirement of law, every 
vessel, not exceeding five hundred net tons, from a foreign 
port or place, or which has visited a hovering vessel, shall 
carry a certificate for the importation into the United States 
of any spirits, wines, or other alcoholic liquors on board 
thereof (sea stores excepted), destined to the United States, 
said certificate to be issued by a consular officer of the 
United States or other authorized person pursuant to such 
regulations as the Secretary of State and the Secretary of the 
Treasury may jointly prescribe. Any spirits, wines, or other 
alcoholic liquors (sea stores excepted) found, or discovered to 
have been, upon any such vessel at any place in the United 
States, or within the customs waters, without said certificate 
on board, which are not shown to have a bona fide destination 
without the United States, shall be seized and forfeited and, 
in the case of any such merchandise so destined to a foreign 
port or place, a bond shall be required in double the amount of 
the duties to which such merchandise would be subject if 
imported into the United States, conditioned upon the delivery 
of said merchandise at such foreign port or place as may be 
certified by a consular officer of the United States or 
otherwise as provided in said regulations: Provided, That if 
the collector shall be satisfied that the certificate required 
for the importation of any spirits, wines, or other alcoholic 
liquors was issued and was lost or mislaid without fraud, or 
was defaced by accident, or is incorrect by reason of clerical 
error or other mistake, said penalties shall not be incurred 
nor shall such bond be required. This section shall take effect 
on the sixtieth day following the enactment of this Act.]
          * * * * * * *
                              ----------                              


SECTION 13031 OF THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 
                                  1985

SEC. 13031. FEES FOR CERTAIN CUSTOMS SERVICES.

  (a) Schedule of Fees.--In addition to any other fee 
authorized by law, the Secretary of the Treasury shall charge 
and collect the following fees for the provision of customs 
services in connection with the following:
          (1) * * *
          * * * * * * *
          (5)(A) For fiscal years 1994, 1995, 1996, and 1997, 
        for the arrival of each passenger aboard a commercial 
        vessel or commercial aircraft from a place outside the 
        customs territory of the United States, $6.50.
          (B) For fiscal year 1998 and each fiscal year 
        thereafter, for the arrival of each passenger aboard a 
        commercial vessel or commercial aircraft from a place 
        outside the United States (other than a place referred 
        to in [subsection (b)(1)(A)] subsection (b)(1)(A)(i) of 
        this section), $5.
          * * * * * * *
  [(b) Limitation on Fees.--(1) No fee may be charged under 
subsection (a) of this section for customs services provided in 
connection with--
          [(A) the arrival of any passenger whose journey--
                  [(i) originated in--
                          [(I) Canada,
                          [(II) Mexico,
                          [(III) a territory or possession of 
                        the United States, or
                          [(IV) 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
                  [(ii) originated in the United States and was 
                limited to--
                          [(I) Canada,
                          [(II) Mexico,
                          [(III) territories and possessions of 
                        the United States, and
                          [(IV) such adjacent islands;
          [(B) 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; or
          [(C) the arrival of any ferry.
Subparagraph (A) shall not apply to fiscal years 1994, 1995, 
1996, and 1997.]
  (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
                  (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.
          * * * * * * *
    (4) [No fee] (A) No fee may be charged under subsection 
(a)(5) with respect to the arrival any passenger--
          [(A)] (i) who is in transit to a destination outside 
        the customs territory of the United States, and
          [(B)] (ii) for whom customs inspectional services are 
        not provided.
  (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.
          * * * * * * *
    (8)(A) * * *
          * * * * * * *
    (D) The fee charged under subsection (a)(9) or (10) with 
respect to the processing of merchandise shall--
          (i) * * *
          * * * * * * *
          (iv) in the case of merchandise classified under 
        [subparagraph 9802.00.80 of such Schedules] heading 
        9802.00.80 of such Schedule, be applied to the full 
        value of the merchandise, less the cost or value of the 
        component United States products; [and]
          (v) in the case of agricultural products of the 
        United States that are processed and packed in a 
        foreign trade zone, be applied only to the value of 
        material used to make the container for such 
        merchandise, if such merchandise is subject to entry 
        and the container is of a kind normally used for 
        packing such merchandise[.]; and
          (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).
With respect to merchandise that is classified under subheading 
9802.00.60 or heading 9802.00.80 of such Schedule and is duty-
free, the Secretary may collect the fee charged on the 
processing of the merchandise under subsection (a) (9) or (10) 
on the basis of aggregate data derived from financial and 
manufacturing reports used by the importer in the normal course 
of business, rather than on the basis of entry-by-entry 
accounting.
          * * * * * * *
    (9)(A) With respect to the processing of merchandise that 
is informally entered or released at a centralized hub 
facility, an express consignment carrier facility, or a small 
airport or other facility, the following reimbursements and 
payments are required:
          (i) In the case of a [centralized hub facility or] 
        small airport or other facility--
                  (I) the reimbursement which such facility is 
                required to make during the fiscal year under 
                section 9701 of title 31, United States Code or 
                section 236 of the Trade and Tariff Act of 
                1984; and
                  (II) an annual payment by the facility to the 
                Secretary of the Treasury, which is in lieu of 
                the payment of fees under subsection (a)(10) 
                for such fiscal year, in an amount equal to the 
                reimbursement under subclause (I).
          (ii) In  the  case  of  an  express  consignment  
        carrier  [facility--] facility or centralized hub 
        facility--
                  (I) an amount, for which the Customs Service 
                shall be reimbursed under section 524 of the 
                Tariff Act of 1930, equal to the cost of the 
                [customs inspectional] services provided by the 
                Customs Service [at the facility] for the 
                facility during the fiscal year; and
                  (II) an annual payment by the facility to the 
                Secretary of the Treasury, which is in lieu of 
                the payment of fees under subsection (a)(10) 
                for such fiscal year, in an amount equal to the 
                reimbursement made under subclause (I).
    (B) For purposes of this paragraph:
          (i) The terms ``centralized hub facility'' and 
        ``express consignment carrier facility'' have the 
        respective meanings that are applied to such terms in 
        part 128 of chapter I of title 19, Code of Federal 
        Regulations[, as in effect on July 30, 1990]. 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).
          (ii) The term ``small airport or other facility'' 
        means any airport or facility to which [section 236 of 
        the Tariff and Trade Act of 1984] section 236 of the 
        Trade and Tariff Act of 1984 applies, if more than 
        25,000 informal entries were cleared through such 
        airport or facility during the preceding fiscal year.
  (10)(A) The fee charged under subsection (a) (9) or (10) with 
respect to goods of Canadian origin (as determined under 
section 202 of the United States-Canada Free-Trade [Agreement)] 
Agreement Implementation Act of 1988) when the United States-
Canada Free-Trade Agreement is in force shall be in accordance 
with [section] article 403 of that Agreement.
          * * * * * * *
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.
          * * * * * * *
                              ----------                              


                     CUSTOMS AND TRADE ACT OF 1990

          * * * * * * *

                      TITLE III--TARIFF PROVISIONS

          * * * * * * *

                    PART 2--MISCELLANEOUS PROVISIONS

          * * * * * * *

SEC. 484E. FOREIGN REPAIR OF VESSELS.

    (a) * * *
    (b) Effective Date.--The amendment made by this section 
shall apply to--
          (1) * * *
          (2) any entry made--
                  (A) on or after the date of enactment of this 
                Act, and
                  (B) on or before December 31, 1992; [and]
          * * * * * * *
          (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
          [(3)] (4) any entry made pursuant to section 466(h) 
        (1) or (2) of the Tariff Act of 1930 (19 U.S.C. 1466(h) 
        (1) or (2)), on or after the date of the entry into 
        force of the WTO Agreement with respect to the United 
        States.
  (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. 484H. CANADIAN LOTTERY MATERIAL.

    (a) * * *
    (b) Effective Date.--The amendments made by this section 
shall apply with respect to articles entered[, or withdrawn 
from warehouse for consumption,] for transportation in bond on 
or after the date that is 15 days after the date of enactment 
of this Act.
          * * * * * * *
                              ----------                              


                   HARMONIZED TARIFF SCHEDULE OF THE
                              UNITED STATES

          * * * * * * *

                             GENERAL NOTES

          * * * * * * *
    3. Rates of Duty. * * *
          * * * * * * *
    (d) Certain Motor Vehicles Manufactured in Foreign Trade 
Zones.
          (i) Duty imposed. Notwithstanding any other provision 
        of law, the duty imposed on a qualified article shall 
        be the amount determined by multiplying the applicable 
        foreign value content of such article by the applicable 
        rate of duty for such article.
          (ii) Qualified article. For purposes of this 
        subdivision, the term ``qualified article'' means an 
        article that is--
                  (A) classifiable under any of subheadings 
                8702.10 through 8704.90 of the Harmonized 
                Tariff Schedule of the United States,
                  (B) produced or manufactured in a foreign 
                trade zone before January 1, 1996,
                  (C) exported therefrom to a NAFTA country (as 
                defined in section 2(4) of the North American 
                Free Trade Agreement Implementation Act (19 
                U.S.C. 3301(4)), and
                  (D) subsequently imported from that NAFTA 
                country into the customs territory of the 
                United States--
                          (I) on or after the effective date of 
                        this subdivision, or
                          (II) on or after January 1, 1994, and 
                        before such effective date, if the 
                        entry of such article is unliquidated, 
                        under protest, or in litigation, or 
                        liquidation is otherwise not final on 
                        such effective date.
          (iii) Applicable foreign value content.
                  (A) Applicable foreign value content. For 
                purposes of this subdivision, the term 
                ``applicable foreign value content'' means the 
                amount determined by multiplying the value of a 
                qualified article by the applicable percentage.
                  (B) Applicable percentage. The term 
                ``applicable percentage'' means the FTZ 
                percentage for the article plus 5 percentage 
                points.
          (iv) Other definitions and special rules. For 
        purposes of this subdivision--
                  (A) FTZ percentage. The FTZ percentage for a 
                qualified article shall be the percentage 
                determined in accordance with subparagraph (I), 
                (II), or (III) of this paragraph, whichever is 
                applicable.
                          (I) Report for year published. If, at 
                        the time a qualified article is 
                        entered, the FTZ Annual Report for the 
                        year in which the article was 
                        manufactured has been published, the 
                        FTZ percentage for the article shall be 
                        the percentage of foreign status 
                        merchandise set forth in that report 
                        for the subzone in which the qualified 
                        article was manufactured, or if not 
                        manufactured in a subzone, the foreign 
                        trade zone in which the qualified 
                        article was manufactured.
                          (II) Report for year not published. 
                        If, at the time a qualified article is 
                        entered, the FTZ Annual Report for the 
                        year in which the article was 
                        manufactured has not been published, 
                        the FTZ percentage for the article 
                        shall be the percentage of foreign 
                        status merchandise set forth in the 
                        most recently published FTZ Annual 
                        Report for the subzone in which the 
                        article was manufactured, or if not 
                        manufactured in a subzone, the foreign 
                        trade zone in which the qualified 
                        article was manufactured.
                  (B) Applicable rate of duty. The term 
                ``applicable duty rate'' means the rate of duty 
                set forth in any of subheadings 8702.10 through 
                8704.90 of the Harmonized Tariff Schedule of 
                the United States that is applicable to the 
                qualified article and which would apply to the 
                article if the article were directly entered 
                for consumption into the United States from the 
                foreign trade zone with non-privileged foreign 
                status having been claimed for all foreign 
                merchandise used in the manufacture or 
                production of the qualified article.
                  (C) Foreign trade zone; subzone. The terms 
                ``foreign trade zone'' and ``subzone'' mean a 
                zone or subzone established pursuant to the Act 
                of June 18, 1934, commonly known as the Foreign 
                Trade Zones Act (19 U.S.C. 81a et seq.).
                  (D) FTZ annual report. The term ``FTZ Annual 
                Report'' means the Annual Report to the 
                Congress published in accordance with section 
                16 of the Foreign Trade Zones Act (19 U.S.C. 
                81p(c)).
                  (E) Non-privileged foreign status. The term 
                ``non-privileged foreign status'' means that 
                privilege has not been requested with respect 
                to an article pursuant to section 3 of the 
                Foreign Trade Zones Act.
    4. Products of Countries Designated Beneficiary Developing 
Countries for Purposes of the Generalized System of Preferences 
(GSP).
    (a) * * *
          * * * * * * *
    (d) Articles provided for in a provision for which a rate 
of duty of ``Free'' appears in the ``Special'' subcolumn of 
rate of duty column 1 followed by the symbol ``A*'' in 
parentheses, if imported from a beneficiary developing country 
set out opposite the provisions enumerated below, are not 
eligible for the duty-free treatment provided in subdivision 
(c) of this note:
          * * * * * * *
[3604.00.00 India]
3604.10.10 India
3604.10.90 India
     * * * * * * *
[7106.92.00 Chile]
7106.92.50 Chile
     * * * * * * *
[7115.90.10 Argentina
[7115.90.20 Argentina]
7115.90.30 Argentina
7115.90.40 Argentina
     * * * * * * *
    [6. Articles Eligible for Duty-Free Treatment Pursuant to 
the Agreement on Trade in Civil Aircraft. Whenever a product is 
entered under a provision for which the rate of duty ``Free 
(C)'' appears in the ``Special'' subcolumn, the importer shall 
file a written statement, accompanied by such supporting 
documentation as the Secretary of the Treasury may require, 
with the appropriate customs officer stating that the imported 
article is a civil aircraft or has been imported for use in 
civil aircraft, that it will be so used and that such article 
has been approved for such use by the Administrator of the 
Federal Aviation Administration (FAA) or by the airworthiness 
authority in the country of exportation, if such approval is 
recognized by the FAA as an acceptable substitute for FAA 
certification, or that an application for approval for such use 
has been submitted to, and accepted by, the Administrator of 
the FAA. For purposes of the tariff schedule, the term ``civil 
aircraft'' means all aircraft other than aircraft purchased for 
use by the Department of Defense or the United States Coast 
Guard.]
    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 and a claim for such rate of duty 
        is made, 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 a 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)(i) For purposes of the tariff schedule, the term 
        ``civil aircraft'' means any aircraft, aircraft engine, 
        or ground flight simulator (including parts, 
        components, and subassemblies thereof)--
                  (A) that is used as original or replacement 
                equipment in the design, development, testing, 
                evaluation, manufacture, repair, maintenance, 
                rebuilding, modification, or conversion of 
                aircraft; and
                  (B)(1) that is manufactured or operated 
                pursuant to a certificate issued by the 
                Administrator of the Federal Aviation 
                Administration (hereafter referred to as 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;
                  (2) for which an application for such 
                certificate has been submitted to, and accepted 
                by, the Administrator of the FAA by an existing 
                type and production certificate holder pursuant 
                to section 44702 of title 49, United States 
                Code, and regulations promulgated thereunder; 
                or
                  (3) for which an application for such 
                approval or certificate will be submitted in 
                the future by an existing type and production 
                certificate holder, pending the completion of 
                design or other technical requirements 
                stipulated by the Administrator of the FAA.
          (ii) The term ``civil aircraft'' does not include any 
        aircraft, aircraft engine, or ground flight simulator 
        (or parts, components, and subassemblies thereof) 
        purchased for use by the Department of Defense or the 
        United States Coast Guard, unless such aircraft, 
        aircraft engine, or ground flight simulator (or parts, 
        components, and subassemblies thereof) satisfies the 
        requirements of subdivisions (i)(A) and (i)(B) (1) or 
        (2).
          (iii) Subdivision (i)(B)(3) shall apply only to such 
        quantities of the parts, components, and subassemblies 
        as are required to meet the design and technical 
        requirements stipulated by the Administrator. The 
        Commissioner of Customs may require the importer to 
        estimate the quantities of parts, components, and 
        subassemblies covered for purposes of such subdivision.
          * * * * * * *
    16. Exemptions. For the purposes of general note 1--
          * * * * * * *
          (d) articles returned from space within the purview 
        of section 484a of the Tariff Act of 1930, [and]
          (e) articles exported from the United States which 
        are returned within 45 days after such exportation from 
        the United States as undeliverable and which have not 
        left the custody of the carrier or foreign customs 
        service, and
          (f) any aircraft part or equipment that was removed 
        from a United States-registered aircraft while being 
        used abroad in international traffic because of 
        accident, breakdown, or emergency, that was returned to 
        the United States within 45 days after removal, and 
        that did not leave the custody of the carrier or 
        foreign customs service while abroad,
          * * * * * * *

                     CHAPTER 29--ORGANIC CHEMICALS

          * * * * * * *

                                                                                                                
                                                                                       Rates of duty            
                                                                                                                
       Heading/subheading         Stat.        Article         Units of               1                         
                                 suffix      description       quantity                                   2     
                                                                            General      Special                
                                                                                                                
                                         IX. NITROGEN-                                                          
                                          FUNCTION                                                              
                                          COMPOUNDS.                                                            
2921...........................          Amine-function                                                         
                                          compounds:                                                            
                                           Acyclic                                                              
                                          monoamines and                                                        
                                          their                                                                 
                                          derivatives;                                                          
                                          sales thereof:                                                        
                        *        *        *        *        *        *        *        *                        
2921.59.17.....................      00    4.4'-Benzidine-                                                      
                                          2,2,-disulfonic                                                       
                                          acid;                                                                 
                                           1,4-                                                                 
                                          Diaminobenzene-2-                                                     
                                          sulfonic acid;                                                        
                                           4,4'-                                                                
                                          Methylenebis (2,6-                                                    
                                          Diethyl aniline);                                                     
                                          [and                                                                  
                                           m-Xylenediamine]  kg.........  Free        ............  15.4 cents/ 
                                          m-Xylediamine;                                             kg + 60%.  
                                          and 3,3'-                                                             
                                          Diaminobenzidine                                                      
                                          (tetraamino                                                           
                                          biphenyl).                                                            
                        *        *        *        *        *        *        *        *                        
 2922.49.......................  ......  Other:                                                                 
                                 ......    Aromatic:                                                            
2922.49.05.....................      00    (R)--    kg.........  Free        ............  15.4 cents/ 
                                          Aminobenzeneaceti                                          kg + 50%.  
                                          c acid 2-Amino-3-                                                     
                                          chlorobenzoic                                                         
                                          acid, methyl                                                          
                                          ester.                                                                
                        *        *        *        *        *        *        *        *                        
2933.90........................          Other:                                                                 
                                           Aromatic or                                                          
                                          modified                                                              
                                          aromatic:                                                             
                        *        *        *        *        *        *        *        *                        
2933.90.02.....................      00  2-[4-[(6-6-Chloro-                                                     
                                          2-quinoxalinyl)-                                                      
                                          oxy]phenoxy]propi                                                     
                                          onic acid, ethyl                                                      
                                          ester                                                                 
                                          [(Quizalofop                                                          
                                          ethyl)]; and                                                          
                                         O,O-Dimethyl-S-[(4- kg.........  Free        ............  15.4 cents/ 
                                          oxo-1,2,3-                                                 kg +64.5%. 
                                          benzotriazin-3-                                                       
                                          (4H)-yl)methyl]-                                                      
                                          phosphorodithioat                                                     
                                          e.                                                                    
                        *        *        *        *        *        *        *        *                        
                                                                                                                

   CHAPTER 36--EXPLOSIVES; PYROTECHNIC PRODUCTS; MATCHES; PYROPHORIC 
                ALLOYS; CERTAIN COMBUSTIBLE PREPARATIONS

          * * * * * * *

                                                                                                                
                                                                                       Rates of Duty            
                                                                                                                
       Heading/subheading         Stat.        Article         Units of               1                         
                                 suffix      description       quantity                                   2     
                                                                            General      Special                
                                                                                                                
                        *        *        *        *        *        *        *        *                        
3604...........................          Fireworks,                                                             
                                          signaling flares,                                                     
                                          rain rockets, fog                                                     
                                          signals and other                                                     
                                          pyrotechnic                                                           
                                          articles:                                                             
[3604.10.00....................           Fireworks........  ...........  5.3%        Free          12.5%]      
                                                                                       (A*,CA,E,IL              
                                                                                       ,J,MX)                   
                                     10   Class 1.4G (Class  kg                                                 
                                          C).                                                                   
                                     50   Other............  kg                                                 
3604.10........................  ......  Fireworks:                                                             
3604.10.10.....................  ......   Display or         ...........  2.4%        Free (A*,     12.5%       
                                          special fireworks                            CA, E, IL,               
                                          (Class 1.3G)                                 J, MX)                   
3604.10.90.....................  ......   Other (including   ...........  5.3%        Free (A*,     12.5%       
                                          Class 1.4G)                                  CA, E, IL,               
                                                                                       J, MX)                   
                        *        *        *        *        *        *        *        *                        
                                                                                                                

CHAPTER 56--WADDING, FELT AND NONWOVENS; SPECIAL YARNS; TWINE, CORDAGE, 
                 ROPES AND CABLES AND ARTICLES THEREOF

                                                                                                                
                                                                                Rates of Duty                   
                                                                                                                
  Heading/    Stat.   Article description      Units of                      1                                  
 subheading  suffix                            quantity                                                 2       
                                                                 General           Special                      
                                                                                                                
                             *        *        *        *        *        *        *                            
[5607.50.20      00    Not braided or       kg              26.1 centskg +    Free (IL) 5.5     27.6 cents/kg + 
                      plaited.                               14.2%             cents/kg + 3%     76.5%]         
                                                                               (CA) 9.7% (MX)                   
  .........          Not braided or                                                                             
                      plaited:                                                                                  
5607.50.25.            3-ply or 4-ply       7.8%            Free (IL) 1.6%    76.5%                             
                      multi-colored twine                    (CA) 4.4% (MX)                                     
                      having a final ``S''                                                                      
                      twist, containing at                                                                      
                      least 10 percent by                                                                       
                      weight of cotton,                                                                         
                      measuring less than                                                                       
                      3.5 mm in diamter.                                                                        
5607.50.35.            Other..............  26.1 cents/kg   Free (IL) 5.5     27.6 cents/kg +                   
                                             + 14.2%         cents/kg + 3%     76.5%                            
                                                             (CA) 9.7% (MX)                                     
                             *        *        *        *        *        *        *                            
                                                                                                                

   CHAPTER 71--NATURAL OR CULTURED PEARLS, PRECIOUS OR SEMIPRECIOUS 
STONES, PRECIOUS METALS, METALS CLAD WITH PRECIOUS METAL, AND ARTICLES 
                    THEREOF; IMITATION JEWELRY; COIN

                                                                                                                
                                                                                 Rates of Duty                  
                                                                                                                
  Heading/    Stat.    Article description       Units of                     1                                 
 subheading  suffix                              quantity                                               2       
                                                                  General          Special                      
                                                                                                                
                             *        *        *        *        *        *        *                            
                     II. PRECIOUS METALS                                                                        
                      AND METALS CLAD WITH                                                                      
                      PRECIOUS METAL                                                                            
7106.......          Silver (including                                                                          
                      silver plated with                                                                        
                      gold or platinum),                                                                        
                      unwrought or in                                                                           
                      semimanufactured                                                                          
                      forms or in powder                                                                        
                      form:                                                                                     
                             *        *        *        *        *        *        *                            
[7106.92.00      00    Semimanufactured....  g                4.8%            Free (A*, CA, E,  65%]            
                                                                               IL, J, MX)                       
7106.92....  ......  Semimanufactured:                                                                          
7106.92.10.  ......    Rectangular or near-  ...............  Free            ................  Free            
                      rectangular shapes,                                                                       
                      containing 99.5                                                                           
                      percent or more by                                                                        
                      weight of silver and                                                                      
                      not otherwise marked                                                                      
                      or decorated than                                                                         
                      with weight, purity,                                                                      
                      or other identifying                                                                      
                      information.                                                                              
7106.92.50.  ......    Other...............  ...............  4.8%            Free (A*, CA, E,  65%             
                                                                               IL, J, MX)                       
                             *        *        *        *        *        *        *                            
7108.13....          Other semimanufactured                                                                     
                      forms:                                                                                    
7108.13.10.      00    Gold leaf...........  cm 2             1.9%            Free (A, CA, E,   8%              
                             gold content..  g                                 IL, J, MX)                       
[7108.13.50      00    Other...............  g                6.6%            Free (CA, E, IL,  65%]            
                                                                               J, MX)                           
  .........  ......  Other:                                                                                     
7108.13.55.  ......    Rectangular or near-  ...............  Free            ................  Free            
                      rectangular shapes,                                                                       
                      containing 99.5                                                                           
                      percent or more by                                                                        
                      weight of gold and                                                                        
                      not otherwise marked                                                                      
                      or decorated than                                                                         
                      with weight, purity,                                                                      
                      or other identifying                                                                      
                      information.                                                                              
7108.13.70.  ......    Other...............  ...............  6.6%            Free (CA, E, IL,  65%             
                                                                               J, MX)                           
                             *        *        *        *        *        *        *                            
7115.90....          Other:                                                                                     
[7115.90.10      00    Of gold, including    X                6.2%            Free (A*, CA, E,  110%            
                      metal clad with gold.                                    IL, J, MX)                       
[7115.90.20      00    Of silver, including  X                4.8%            Free (A*, CA, E,  65%             
                      metal, clad with                                         IL, J, MX)                       
                      silver.                                                                                   
[7115.90.50      00    Other...............  X                6.4%            Free (A, CA, E,   65%]            
                                                                               IL, J, MX)                       
7115.90.05.  ......    Articles of precious  ...............  Free            ................  Free            
                      metal, in rectangular                                                                     
                      or near-rectangular                                                                       
                      shapes, containing                                                                        
                      99.5 percent or more                                                                      
                      by weight of a                                                                            
                      precious metal and                                                                        
                      not otherwise marked                                                                      
                      or decorated than                                                                         
                      with weight, purity,                                                                      
                      or other identifying                                                                      
                      information.                                                                              
             ......  Other:                                                                                     
7115.90.30.  ......    Of gold, including    ...............  6.2%            Free (A*, CA, E,  110%            
                      metal clad with gold.                                    IL, J, MX)                       
7115.90.40.  ......    Of silver, including  ...............  4.8%            Free (A*, CA, E,  65%             
                      metal clad with                                          IL, J, MX)                       
                      silver.                                                                                   
7115.90.60.  ......    Other...............  ...............  6.4%            Free (A, CA, E,   65%             
                                                                               IL, J, MX)                       
                             *        *        *        *        *        *        *                            
                                                                                                                

             CHAPTER 98--SPECIAL CLASSIFICATION PROVISIONS

                                                                                                                
                                                                                 Rates of Duty                  
                                                                                                                
  Heading/    Stat.    Article description       Units of                     1                                 
 subheading  suffix                              quantity                                               2       
                                                                  General          Special                      
                                                                                                                
                             *        *        *        *        *        *        *                            
9801.00.85.  ......  Professional books,                      Free                              Free            
                      implements,                                                                               
                      instruments, and                                                                          
                      tools of trade,                                                                           
                      occupation, or                                                                            
                      employment, when                                                                          
                      returned to the                                                                           
                      United States after                                                                       
                      having been exported                                                                      
                      for use temporarily                                                                       
                      abroad, if imported                                                                       
                      by or for the account                                                                     
                      of the person who                                                                         
                      exported such items.                                                                      
                             *        *        *        *        *        *        *                            
                                                                                                                

CHAPTER 99--TEMPORARY LEGISLATION; TEMPORARY MODIFICATIONS ESTABLISHED 
     PURSUANT TO TRADE LEGISLATION; ADDITIONAL IMPORT RESTRICTIONS 
ESTABLISHED PURSUANT TO SECTION 22 OF THE AGRICULTURAL ADJUSTMENT ACT, 
                               AS AMENDED

          * * * * * * *

          Subchapter II--Temporary Reductions in Rates of Duty

          * * * * * * *

                                                                                                                
                                                          Rates of duty                                         
                                                                                                                
  Heading/     Article description                    1                                       Effective period  
 subheading                                                                      2                              
                                          General          Special                                              
                                                                                                                
                                 *        *        *        *        *        *                                 
9902.28.05.  Yttrium oxide (provided  Free            No change          No change          On or before 12/31/ 
              for in subheading                                                              2000               
              2805.30.00).                                                                                      
9902.28.46.  Cerium aluminum terbium  Free            No change          No change          On or before 12/31/ 
              (provided for in                                                               2000               
              subheading 2846.10.00).                                                                           
9902.30.16.  Methyl 2-[4-(2,4-        Free            No change          No change          On or before 12/31/ 
              dichlorophenoxy)phenox                                                         98                 
              y] propionate                                                                                     
              (dichlorofopmethyl) 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).                                                                                      
9902.30.17.  N-phenyl-n'-(1,2,3-      Free            No change          No change          On or before 12/31/ 
              thiadizol-5'yl urea                                                            98                 
              (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).                                                                                   
                                 *        *        *        *        *        *                                 
9902.30.30.  Bis(4-amino-3-           Free            No change          No change          On or before 12/31/ 
              methylcyclohexl)-                                                              99                 
              methane (CAS No. 6864-                                                                            
              37-5) (provided for in                                                                            
              subheading 2921.30.30).                                                                           
                                 *        *        *        *        *        *                                 
9902.33.90.  2,3,3-Trimethyl-         Free            No change          No change          On or before 12/31/ 
              indolenine (CAS No.                                                            99                 
              1640-39-7) (provided                                                                              
              for in subheading                                                                                 
              2933.90.82).                                                                                      
                                 *        *        *        *        *        *                                 
9902.30.63.  3-Acetoxy-2-             Free            No change          No change          On or before 3/31/97
              methlybenzoyl chloride                                                                            
              (CAS No. 167678-46-8)                                                                             
              (provided for in                                                                                  
              subheading 2918.29.65).                                                                           
9902.30.64.  (S-(R*,S*))-3-Chloro-2-  Free            No change          No change          On or before 3/31/97
              hydroxy-1-((phenylthi-                                                                            
              o)methyl)propyl)-                                                                                 
              carbanic acid                                                                                     
              phenlymethly ester                                                                                
              (CAS No. 159878-02-1)                                                                             
              (provided for in                                                                                  
              subheading 2922.19.60).                                                                           
9902.30.65.  N-(1,1-                  Free            No change          No change          On or before 3/31/97
              dimethylethyl)deca-                                                                               
              hydro-2-[2-hydroxy-3-                                                                             
              [(3-hydroxy-2-                                                                                    
              methylbenzoyl)-amino]-                                                                            
              4-(phenylthio)butyl]-3-                                                                           
              isoquinolinecarbox-                                                                               
              amide, [3S-                                                                                       
              [2(2S*,3S*),                                                                                      
              3.a.,4a.b.,8a.b.]]                                                                                
              (CAS No. 159989-64-7)                                                                             
              provided for in                                                                                   
              subheading 2933.40.60).                                                                           
                                 *        *        *        *        *        *                                 
9902.32.12.  N,N-Diethly-m-toluidine  Free            No change          No change          On or before 12/31/ 
              (DEMT) (CAS No. 91-67-                                                         98                 
              8) (provided for in                                                                               
              subheading 2921.43.80).                                                                           
                                 *        *        *        *        *        *                                 
9902.38.24.  Mixtures of octanoic     Free            No change          No change          On or before 12/31/ 
              acid, methyl ester and                                                         2000               
              decanoic acid, methyl                                                                             
              ester, mixtures of                                                                                
              dodecanoic acid,                                                                                  
              methyl ester and                                                                                  
              tetradecanoic acid,                                                                               
              methyl ester; and                                                                                 
              mixtures of                                                                                       
              hexadecanoic acid,                                                                                
              methyl ester,                                                                                     
              octadecanoic acid,                                                                                
              methyl ester,                                                                                     
              octadecenoic acid,                                                                                
              methyl ester (all of                                                                              
              the foregoing provided                                                                            
              for in subheading                                                                                 
              3824.90.40).                                                                                      
                                 *        *        *        *        *        *                                 
9902.70.03.  Rolled glass in sheets,  Free            No change          No change          On or before 12/31/ 
              yellow-green in color,                                                         98                 
              not finished or edged-                                                                            
              worked, textured on                                                                               
              one surface, suitable                                                                             
              for incorporation in                                                                              
              cooking stoves,                                                                                   
              ranges, or ovens                                                                                  
              described in                                                                                      
              subheading 851.60.40                                                                              
              (provided for in                                                                                  
              subheadings 7003.12.00                                                                            
              or 7003.19.00).                                                                                   
                                 *        *        *        *        *        *                                 
9902.71.08.  Wire containing 99.9     Free            No change          No change          On or before 12/31/ 
              percent or more by                                                             2000               
              weight of gold and                                                                                
              with dopants added to                                                                             
              control wirebonding                                                                               
              characteristics,                                                                                  
              having a diameter of                                                                              
              0.05 millimeters or                                                                               
              less, for use in the                                                                              
              manufacture of diodes,                                                                            
              transistors, and                                                                                  
              similar semiconductor                                                                             
              devices or electronic                                                                             
              integrated circuits.                                                                              
                                 *        *        *        *        *        *                                 
9902.84.77.  Automated multiplunger   Free            No change          No change          On or before 12/31/ 
              transfer presses,                                                              2000               
              suitable for use in                                                                               
              the encapsulation with                                                                            
              thermosetting                                                                                     
              materials of diodes,                                                                              
              transistors, and                                                                                  
              similar semiconductor                                                                             
              devices or electronic                                                                             
              integrated circuits                                                                               
              (provided for in                                                                                  
              subheading 8477.10.80).                                                                           
                                 *        *        *        *        *        *                                 
9902.98.05.  Any of the following     Free            No change          Free               On or before 2/1/99 
              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.                                                                               
                                 *        *        *        *        *        *                                 
9902.98.06.  Motorcycles produced in  Free            No change          Free               On or before 12/31/ 
              the United States,                                                             2006               
              previously exported                                                                               
              and brought                                                                                       
              temporarily into the                                                                              
              United States by                                                                                  
              nonresidents for the                                                                              
              purpose of                                                                                        
              participating in the                                                                              
              Sturgis Motorcycle                                                                                
              Rally and Races.                                                                                  
                                 *        *        *        *        *        *                                 
                                                                                                                

                              ----------                              


                           TRADE ACT OF 1974

          * * * * * * *

                TITLE I--NEGOTIATING AND OTHER AUTHORITY

          * * * * * * *

      CHAPTER 4--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SEC. 141. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

  (a) * * *
          * * * * * * *
  (c)(1) The United States Trade Representative shall--
          (A) * * *
          * * * * * * *
          (D) issue and coordinate policy guidance to 
        departments and agencies on basic issues of policy and 
        interpretation arising in the exercise of international 
        trade functions, including any matter considered under 
        the auspices of the World Trade Organization,[,] to the 
        extent necessary to assure the coordination of 
        international trade policy and consistent with any 
        other law;
          * * * * * * *

       TITLE II--RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

    CHAPTER 1--POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS

          * * * * * * *

SEC. 202. INVESTIGATIONS, DETERMINATIONS, AND RECOMMENDATIONS BY 
                    COMMISSION.

  (a) * * *
          * * * * * * *
  (d) Provisional Relief.--
          (1) * * *
          * * * * * * *
          (4)(A) Any provisional relief implemented under this 
        subsection with respect to an imported article shall 
        terminate on the day on which--
                  (i) if such relief was proclaimed under 
                paragraph (1)(G) or (2)(D), the Commission 
                makes a negative determination under [section 
                202(b)] subsection (b) regarding injury or the 
                threat thereof by imports of such article;
          * * * * * * *

             TITLE III--RELIEF FROM UNFAIR TRADE PRACTICES

 CHAPTER 1--ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS 
            AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

SEC. 301. ACTIONS BY UNITED STATES TRADE REPRESENTATIVE.

  (a)  * * *
          * * * * * * *
  (c) Scope of Authority.--
          (1)  * * *
          * * * * * * *
          (4) Any trade agreement described in paragraph 
        [(1)(C)(iii)] (1)(D)(iii) shall provide compensatory 
        trade benefits that benefit the economic sector which 
        includes the domestic industry that would benefit from 
        the elimination of the act, policy, or practice that is 
        the subject of the action to be taken under subsection 
        (a) or (b), or benefit the economic sector as closely 
        related as possible to such economic sector, unless--
                  (A) the provision of such trade benefits is 
                not feasible, or
                  (B) trade benefits that benefit any other 
                economic sector would be more satisfactory than 
                such trade benefits.
          * * * * * * *

SEC. 304. DETERMINATIONS BY THE TRADE REPRESENTATIVE.

    (a) In General.--
          (1) * * *
          * * * * * * *
          (3)(A) If an investigation is initiated under this 
        chapter by reason of section 302(b)(2) and the Trade 
        Representative does not consider that a trade 
        agreement, including the Agreement on Trade-Related 
        Aspects of Intellectual Property Rights (referred to in 
        section 101(d)(15) of the Uruguay Round Agreements 
        Act), is involved or does not make a determination 
        described in subparagraph (B) with respect to such 
        investigation, the Trade Representative shall make the 
        determinations required under paragraph (1) with 
        respect to such investigation by no later than the date 
        that is 6 months after the date on which such 
        investigation is initiated.
          * * * * * * *

   TITLE IV--TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY RECEIVING 
                      NONDISCRIMINATORY TREATMENT

          * * * * * * *

[SEC. 410. EAST-WEST TRADE STATISTICS MONITORING SYSTEM.

    [The International Trade Commission shall establish and 
maintain a program to monitor imports of articles into the 
United States from nonmarket economy countries and exports of 
articles from the United States to nonmarket economy countries. 
To the extent feasible, the Commission shall coordinate such 
program with any relevant data gathering programs presently 
conducted by the Secretary of Commerce. The Secretary of 
Commerce shall provide the Commission with any information 
which, in the determination of the Commission, is necessary to 
carry out this section. The Commission shall publish a detailed 
summary of the data collected under the East-West Trade 
Statistics Monitoring System not less frequently than once each 
calendar quarter and shall transmit such publication to the 
East-West Foreign Trade Board and to Congress. Such publication 
shall include data on the effect of such imports if any, on the 
production of like, or directly competitive, articles in the 
United States, and on employment within the industry which 
produces like, or directly competitive, articles in the Unite 
States.]
          * * * * * * *

               TITLE V--GENERALIZED SYSTEM OF PREFERENCES

          * * * * * * *

SEC. 502. BENEFICIARY DEVELOPING COUNTRY.

          * * * * * * *
                  [(F) Such country aids or abets, by granting 
                sanctuary from prosecution to, any individual 
                or group which has committed an act of 
                international terrorism.]
                  (F) Such country aids or abets, by granting 
                sanctuary from prosecution to, any individual 
                or group which has committed an act of 
                international terrorism or the Secretary of 
                State makes a determination with respect to 
                such country under section 6(j)(1)(A) of the 
                Export Administration Act of 1979.
          * * * * * * *
                              ----------                              


                      URUGUAY ROUND AGREEMENTS ACT

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Uruguay 
Round Agreements Act''.
  (b) Table of Contents.--

Sec. 1. Short title and table of contents.
     * * * * * * *

        TITLE II--ANTIDUMPING AND COUNTERVAILING DUTY PROVISIONS

Sec. 201. Reference.

                     Subtitle A--General Provisions

Sec. 211. Action with respect to petitions.
     * * * * * * *
[Sec. 221. Review determinations.]
Sec. 221. Special rules for review of determinations.
     * * * * * * *

 TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE URUGUAY 
                            ROUND AGREEMENTS

          * * * * * * *

                     Subtitle D--Related Provisions

          * * * * * * *

SEC. 132. IMPLEMENTATION OF RULES OF ORIGIN WORK PROGRAM.

  If the President enters into an agreement developed under the 
work program described in Article 9 of the Agreement on Rules 
of Origin referred to in section 101(d)(10), the President may 
implement United States obligations under such an agreement 
under United States law only pursuant to authority granted to 
the President for that purpose by law enacted after the 
effective date of this [title] section.
          * * * * * * *

        TITLE II--ANTIDUMPING AND COUNTERVAILING DUTY PROVISIONS

          * * * * * * *

                     Subtitle A--General Provisions

          * * * * * * *

SEC. 212. PETITION AND PRELIMINARY DETERMINATION.

  (a) * * *
  (b) Determination by the Commission of Reasonable Indication 
of Injury; Preliminary Determination by the Administering 
Authority.--
          (1) Countervailing duty investigations.--
                  (A) * * *
          * * * * * * *
                  (C) Section 703(b) (19 U.S.C. 1671b(b)) is 
                amended--
                          (i) in paragraph (1)--
                                  (I) by striking ``85 days 
                                after the date on which [the] a 
                                petition is filed under section 
                                702(b)'' and inserting ``65 
                                days after the date on which 
                                the administering authority 
                                initiates an investigation 
                                under section 702(c)'';
          * * * * * * *

SEC. 214. CRITICAL CIRCUMSTANCES.

  (a) * * *
  (b) Antidumping Investigations.--
          (1) * * *
          (2) Final determinations.--(A) Section 735(a)(3) (19 
        U.S.C. 1673d(a)(3)) is amended--
                  (i) in clause (i) of subparagraph (A)--
                          (I) by inserting ``and material 
                        injury by reason of dumped imports'' 
                        after ``history of dumping''; and
                          (II) by striking ``class or kind of 
                        [the] merchandise which is the subject 
                        of the investigation'' and inserting 
                        ``subject merchandise'';
          * * * * * * *

[SEC. 221. REVIEW DETERMINATIONS.]

SEC. 221. SPECIAL RULES FOR REVIEW OF DETERMINATIONS.

  (a) * * *
          * * * * * * *

SEC. 233. CONFORMING AMENDMENTS.

  (a) Terminology.--
          (1) * * *
          * * * * * * *
          (6) Initiate.--(A) * * *
          * * * * * * *
          (C) Section 732(a)(2)(B) is amended by striking 
        ``commence'' each place it appears and inserting 
        ``initiate''.
          * * * * * * *

                    Subtitle B--Subsidies Provisions

          * * * * * * *

        PART 2--REPEAL OF SECTION 303 AND CONFORMING AMENDMENTS

SEC. 261. REPEAL OF SECTION 303.

  (a) * * *
          * * * * * * *
  (d) Conforming Amendments.--
          (1) In general.--
                  (A) Amendments to trade act of 1974.--
                          (i) Section 331(d)(3) of the Trade 
                        Act of 1974 (19 U.S.C. 1303 note) is 
                        repealed.
                          (ii) Section 152(a)(2) of the Trade 
                        Act of 1974 (19 U.S.C. 2192(a)(2)) is 
                        amended by striking ``as follows:'' and 
                        inserting a comma and by striking ``(A) 
                        in the case of'' and all that follows 
                        through ``(B)''.
                  (B) Amendments to tariff act of 1930.--The 
                following sections of the Tariff Act of 1930 
                are amended:
                          (i) Section 315(d) (19 U.S.C. 
                        1315(d)) is amended by inserting ``(as 
                        in effect on the day before the 
                        effective date of title II of the 
                        Uruguay Round Agreements Act) or 
                        section 701'' after ``section 303''.
                          (ii) Section 337(b)(3) (19 U.S.C. 
                        1337(b)(3)) is amended--
                                  (I) by striking ``of section 
                                303 or of subtitle B of title 
                                VII of the Tariff Act of 1930'' 
                                and inserting ``of subtitle B 
                                of title VII of this Act'',
          * * * * * * *

SEC. 270. CONFORMING AMENDMENTS.

  (a) Countervailable Subsidy.--
          (1) * * *
          (2)(A) The heading for section 704(b) (19 U.S.C. 
        1671c(b)) is amended by striking ``Subsidy'' and 
        inserting ``Countervailable Subsidy''.
          (B) The heading for section [771(A)(c)] 771A(c) (19 
        U.S.C. 1677-1(c)) is amended by striking ``Subsidy'' 
        and inserting ``Countervailable Subsidy''.
          * * * * * * *

    PART 4--ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE SUBSIDIES 
                               AGREEMENT

SEC. 281. SUBSIDIES ENFORCEMENT.

  (a) * * *
          * * * * * * *
  (h) Definitions.--For purposes of this section:
          (1) * * *
          * * * * * * *
          (4) Interested party.--The term ``interested party'' 
        means a party described in subparagraph (C), (D), (E), 
        (F), or (G) of section 771(9) of the Tariff Act of 1930 
        (19 U.S.C. 1677(9) [(A),] (C), (D), (E), (F), or (G)).
          * * * * * * *

SEC. 282. REVIEW OF SUBSIDIES AGREEMENT.

  (a) * * *
          * * * * * * *
  (d) Review of the Operation of the Subsidies Agreement.--The 
Secretary of Commerce, in consultation with other appropriate 
departments and agencies of the Federal Government, shall 
undertake an ongoing review of the operation of the Subsidies 
Agreement. The review shall address--
          (1) * * *
          * * * * * * *
Not later than 4 years and 6 months after the date of the 
enactment of this Act, the Secretary of Commerce shall submit 
to the Congress a report on the review required under this 
subsection.
          * * * * * * *

           TITLE III--ADDITIONAL IMPLEMENTATION OF AGREEMENTS

          * * * * * * *

     Subtitle B--Foreign Trade Barriers and Unfair Trade Practices

          * * * * * * *

SEC. 314. AMENDMENTS TO TITLE III OF THE TRADE ACT OF 1974.

  (a) * * *
          * * * * * * *
  (e) Monitoring of Foreign Compliance.--Subsections (a) and 
(b) of section 306 of the Trade Act of 1974 (19 U.S.C. 2416) 
are amended to read as follows:
  ``(a) In General.--The Trade Representative shall monitor the 
implementation of each measure undertaken, or agreement that is 
entered into, by a foreign country to provide a satisfactory 
resolution of a matter subject to investigation under this 
chapter or subject to dispute settlement proceedings to enforce 
the rights of the United States under a trade agreement 
providing for such proceedings.
  ``(b) Further Action.--
          ``(1) In general.--If, on the basis of the monitoring 
        carried out under subsection (a), the Trade 
        Representative considers that a foreign country is not 
        satisfactorily implementing a measure or agreement 
        referred to in subsection (a), the Trade Representative 
        shall determine what further action the Trade 
        Representative shall take under section 301(a). For 
        purposes of section 301, any such determination shall 
        be treated as a determination made under section 
        304(a)(1).[''.]
          ``(2) WTO dispute settlement recommendations.--If the 
        measure or agreement referred to in subsection (a) 
        concerns the implementation of a recommendation made 
        pursuant to dispute settlement proceedings under the 
        World Trade Organization, and the Trade Representative 
        considers that the foreign country has failed to 
        implement it, the Trade Representative shall make the 
        determination in paragraph (1) no later than 30 days 
        after the expiration of the reasonable period of time 
        provided for such implementation under paragraph 21 of 
        the Understanding on Rules and Procedures Governing the 
        Settlement of Disputes that is referred to in section 
        101(d)(16) of the Uruguay Round Agreements Act.''.
          * * * * * * *

              Subtitle C--Unfair Practices in Import Trade

SEC. 321. UNFAIR PRACTICES IN IMPORT TRADE.

  (a) Amendments to Section 337 of the Tariff Act of 1930.--
Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is 
amended as follows:
          (1) Investigation.--Subsection (b) is amended--
                  (A) * * *
          * * * * * * *
                  (C) in paragraph (3)--
                          [(i) in the first sentence--
                                  [(I) by striking ``the Tariff 
                                Act of 1930'' and inserting 
                                ``this Act''; and
                                  [(II) by striking ``such 
                                Act'' and inserting ``such 
                                subtitle''; and]
                          (i) in the first sentence by striking 
                        ``such Act'' and inserting ``such 
                        subtitle''; and
          * * * * * * *

                          Subtitle D--Textiles

SEC. 331. TEXTILE PRODUCT INTEGRATION.

  Not later than 120 days after the date that the WTO 
Agreement[, as defined in section 2(9) of the Uruguay Round 
Implementation Act,] enters into force with respect to the 
United States, the Secretary of Commerce shall publish in the 
Federal Register a notice containing the list of products to be 
integrated in each stage set out in Article 2(8) of the 
Agreement on Textiles and Clothing referred to in section 
101(d)(4). After publication of such list, the list may not be 
changed unless otherwise required by statute or the 
international obligations of the United States, to correct 
technical errors, or to reflect reclassifications. Within 30 
days after the publication of such list, the Trade 
Representative shall notify the list to the Textiles Monitoring 
Body established under Article 8 of the Agreement on Textiles 
and Clothing.
          * * * * * * *

SEC. 334. RULES OF ORIGIN FOR TEXTILE AND APPAREL PRODUCTS.

  (a) * * *
  (b) Principles.--
          (1) In general.--Except as otherwise provided for by 
        statute, a textile or apparel product, for purposes of 
        the customs laws and the administration of quantitative 
        restrictions, originates in a country, territory, or 
        insular possession, and is the growth, product, or 
        manufacture of that country, territory, or insular 
        possession, if--
                  (A) the product is wholly obtained or 
                produced in that country, territory, or 
                possession;
                  (B) the product is a yarn, thread, twine, 
                cordage, rope, cable, or braiding and--
                          (i) the constituent staple fibers are 
                        spun in that country, territory, or 
                        possession, or
                          (ii) the continuous filament is 
                        extruded in that country, territory, or 
                        possession[,];
          * * * * * * *

                TITLE IV--AGRICULTURE-RELATED PROVISIONS

                        Subtitle A--Agriculture

                         PART I--MARKET ACCESS

          * * * * * * *

SEC. 405. SPECIAL AGRICULTURAL SAFEGUARD AUTHORITY.

  (a) * * *
  (b) Determination of Safeguard.--If the President determines 
with respect to a special safeguard agricultural good that it 
is appropriate to impose--
          (1) the price-based safeguard in accordance with 
        subparagraph [1(a)] 1(b) of Article 5; or
          (2) the volume-based safeguard in accordance with 
        subparagraph [1(b)] 1(a) of Article 5,
the President shall, consistent with Article 5 as determined by 
the President, determine the amount of the duty to be imposed, 
the period such duty shall be in effect, and any other terms 
and conditions applicable to the duty.
          * * * * * * *

                            PART II--EXPORTS

          * * * * * * *

SEC. 412. OTHER CONFORMING AMENDMENTS.

  (a) Public Law 98-332.--Section 106 of Public Law 98-332 (98 
Stat. 287), is repealed.
  (b)  Agriculture, Rural Development, and Related Agencies 
Appropriations Act, 1984.--Section 625(A) of the Agriculture, 
Rural Development, and Related Agencies Appropriations Act, 
1984, as given the force of law by section 101(d) of Public Law 
98-151 (97 Stat. [1853] 972), is repealed.
          * * * * * * *

                      TITLE VI--RELATED PROVISIONS

                    Subtitle A--Expiring Provisions

SEC. 601. GENERALIZED SYSTEM OF PREFERENCES.

  (a) * * *
  (b) Retroactive Application For Certain Liquidations and 
Reliquidations.--
          (1) In general.--Notwithstanding section 514 of the 
        Tariff Act of 1930 or any other provision of law and 
        subject to paragraph (2), the entry--
                  (A) of any article to which duty-free 
                treatment under title V of the Trade Act of 
                1974 would have applied if the entry had been 
                made on September 30, 1994, and
                  (B) that was made after September 30, 1994, 
                and before [such date of enactment] the date of 
                the enactment of this Act,
        shall be liquidated or reliquidated as free of duty, 
        and the Secretary of the Treasury shall refund any duty 
        paid with respect to such entry. As used in this 
        subsection, the term ``entry'' includes a withdrawal 
        from warehouse for consumption.
          * * * * * * *
                              ----------                              


              SECTION 204 OF THE AGRICULTURAL ACT OF 1956

  Sec. 204. The President may, whenever he determines such 
action appropriate, negotiate with representatives of foreign 
governments in an effort to obtain agreements limiting the 
export from such countries and the importation into the United 
States of any agricultural commodity or product manufactured 
therefrom or textiles or textile products, and the President is 
authorized to issued regulations governing the entry or 
withdrawal from warehouse of any such commodity, product, 
textiles, or textile products to carry out any such agreement. 
In addition, if a multilateral agreement, including but not 
limited to the Agreement on Textiles and Clothing referred to 
in section 101(d)(4) of the Uruguay Round [Implementation] 
Agreements Act, has been or is concluded under the authority of 
this section among countries accounting for a significant part 
of world trade in the articles with respect to which the 
agreement was concluded, the President may also issue, in order 
to carry out such agreement, regulations governing the entry or 
withdrawal from warehouse of the same articles which are the 
products of countries not parties to the agreement, or 
countries to which the United States does not apply the 
agreement. Nothing herein shall affect the authority provided 
under section 22 of the Agricultural Adjustment Act (of 1933) 
as amended.
                              ----------                              


                        FOREIGN TRADE ZONES ACT

          * * * * * * *
    Sec. 3. Admission of foreign merchandise.
    (a) * * *
    (e) Production Equipment.--
          (1) In general.--Notwithstanding any other provision 
        of law, if all applicable customs laws are complied 
        with (except as otherwise provided in this subsection), 
        merchandise which is admitted into a foreign trade zone 
        for use within such zone as production equipment or as 
        parts for such equipment, shall not be subject to duty 
        until such merchandise is completely assembled, 
        installed, tested, and used in the production for which 
        it was admitted.
          (2) Admission procedures.--The person who admits the 
        merchandise described in paragraph (1) into the zone 
        shall, at the time of such admission, certify to the 
        Customs Service that the merchandise is admitted into 
        the zone pursuant to this subsection for use within the 
        zone as production equipment or as parts for such 
        equipment and that the merchandise will be entered and 
        estimated duties deposited when use of the merchandise 
        in production begins.
          (3) Entry procedures.--At the time use of the 
        merchandise in production begins, the merchandise shall 
        be entered, as provided for in section 484 of the 
        Tariff Act of 1930, and estimated duties shall be 
        deposited with the Customs Service. The merchandise 
        shall be subject to tariff classification according to 
        its character, condition, and quantity, and at the rate 
        of duty applicable, at the time use of the merchandise 
        in production begins.
          (4) Foreign trade zone.--For purposes of this 
        subsection, the term ``foreign trade zone'' includes a 
        subzone.
          * * * * * * *

                              ----------                              


                      TRADE AGREEMENTS ACT OF 1979

          * * * * * * *

                   TITLE III--GOVERNMENT PROCUREMENT

          * * * * * * *

SEC. 304. EXPANSION OF THE COVERAGE OF THE AGREEMENT.

  (a) Overall Negotiating Objective.--The President shall seek 
in the renegotiations provided for in article XXIV(7)[,] of the 
Agreement more open and equitable market access abroad, and the 
harmonization, reduction, or elimination of devices which 
distort trade or commerce related to Government procurement, 
with the overall goal of maximizing the economic benefit to the 
United States through maintaining and enlarging foreign markets 
for products of United States agriculture, industry, mining, 
and commerce, the development of fair and equitable market 
opportunities, and open and nondiscriminatory world trade. In 
carrying out the provisions of this subsection, the President 
shall consider the assessment made in the report required under 
section 306(a).
          * * * * * * *
  (c) Independent Verification Objective.--The President shall 
seek to establish in the renegotiation provided for in article 
XXIV(7)[,] of the Agreement a system for independent 
verification of information provided by parties to the 
Agreement to the Committee on Government Procurement pursuant 
to article XIX(5)[,] of the Agreement.
          * * * * * * *

SEC. 305. MONITORING AND ENFORCEMENT.

  (a) * * *
          * * * * * * *
  (d) Annual Report on Foreign Discrimination.--
          (1) * * *
          (2) Identifications required.--In the annual report, 
        the President shall identify (and continue to identify 
        subject to subsections (f)(5) and (g)(3)) any 
        countries, other than least developed countries, that--
                  (A) are signatories to the Agreement and not 
                in compliance with the requirements of the 
                Agreement;
                  (B)(i) are signatories to the Agreement; (ii) 
                are in compliance with the Agreement but, in 
                the government procurement of products or 
                services not covered by the Agreement, maintain 
                a significant and persistent pattern or 
                practice of discrimination against United 
                States products or services which results in 
                identifiable harm to United States businesses; 
                and (iii) whose products or services are 
                acquired in significant amounts by the United 
                States Government; [or]
                  (C)(i) are not signatories to the Agreement; 
                (ii) maintain, in government procurement, a 
                significant and persistent pattern or practice 
                of discrimination against United States 
                products or services which results in 
                identifiable harm to United States businesses; 
                and (iii) whose products or services are 
                acquired in significant amounts by the United 
                States Government[.];
          * * * * * * *
  (g) Procedures With Respect to Other Discrimination.--
          (1) Imposition of sanctions.--If, within 60 days 
        after the annual report is submitted under subsection 
        (d)(1), a country that is identified pursuant to 
        subparagraph (B), (C), (D), or (E) [of such subsection] 
        of subsection (d)(2) has not eliminated the practices 
        regarding government procurement identified under 
        subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as 
        the case may be) of subsection (d)(2), then, on the day 
        after the end of such 60-day period--
                  (A) * * *
          * * * * * * *
          (3) Termination of sanctions.--The President may 
        terminate the sanctions imposed under paragraph (1) or 
        (2) and remove a country from the report under 
        subsection (d)(1) at such time as the President 
        determines that the country has eliminated [the the] 
        the practices regarding government procurement 
        identified under subparagraph (B)(ii), (C)(ii), 
        (D)(ii), or (E)(ii) (as the case may be) of subsection 
        (d)(2).
          * * * * * * *

SEC. 308. DEFINITIONS.

  As used in this title--
          (1) * * *
          * * * * * * *
          (4) Eligible products.--
                  (A) * * *
          * * * * * * *
                  (D) Lowered threshold for certain products as 
                a consequence of united states-canada free-
                trade agreement.--Except as otherwise agreed by 
                the United States and Canada under paragraph 3 
                of article 1304 of the United States-Canada 
                Free-Trade Agreement, the term ``eligible 
                product'' includes a product or service of 
                Canada having a contract value of $25,000 or 
                more that would be covered for procurement by 
                the United States under [the the] the Agreement 
                (as defined in paragraph (1)), but for the 
                thresholds provided for in the Agreement.
          * * * * * * *

           TITLE IV--TECHNICAL BARRIERS TO TRADE (STANDARDS)

              Subtitle A--Obligations of the United States

          * * * * * * *

SEC. 402. FEDERAL STANDARDS-RELATED ACTIVITIES.

  No Federal agency may engage in any standards-related 
activity that creates unnecessary obstacles to the foreign 
commerce of the United States, including, but not limited to, 
standards-related activities that violate any of the following 
requirements:
          (1) * * *
          * * * * * * *
          (4) Access for foreign suppliers.--Each Federal 
        agency shall, with respect to any conformity assessment 
        procedure used by it, permit access for obtaining an 
        assessment of conformity and the mark of the system, if 
        any, to foreign suppliers of a product on the same 
        basis as access is permitted to suppliers of like 
        products whether of domestic or foreign origin.
          * * * * * * *

               Subtitle B--Functions of Federal Agencies

SEC. 411. FUNCTIONS OF TRADE REPRESENTATIVE.

  (a) * * *
          * * * * * * *
  (c) Cross Reference.--

          For provisions of law regarding general authority of the 
        [Special Representatives] Trade Representative with respect to 
        trade agreements, see section 141 of the Trade Act of 1974 (19 
        U.S.C. 2171).
     * * * * * * *

SEC. 414. STANDARDS INFORMATION CENTER.

  (a) * * *
  (b) Functions.--The standards information center shall--
          (1) serve as the central national collection facility 
        for information relating to (A) standards, technical 
        regulations, conformity assessment procedures,[,] and 
        standards-related activities, whether such standards, 
        technical regulations, conformity assessment 
        procedures,[,] or activities are public or private, 
        domestic or foreign, or international, regional, 
        national, or local and (B) the membership and 
        participation of Federal, State, or local government 
        bodies or private bodies in the United States in 
        international and regional standardizing bodies and 
        conformity assessment systems, as well as in bilateral 
        and multilateral arrangements concerning standards-
        related activities;
          * * * * * * *

          Subtitle D--Definitions and Miscellaneous Provisions

SEC. 451. DEFINITIONS.

  As used in this title--
          (1) * * *
          * * * * * * *
          (6) International standards organization.--The term 
        ``international standards organization'' means any 
        organization--
                  (A) the membership of which is open to 
                representatives, whether public or private, of 
                the United States and at least all Members[.]; 
                and
          * * * * * * *

         Subtitle F--International Standard-Setting Activities

          * * * * * * *

SEC. 492. EQUIVALENCE DETERMINATIONS.

  (a) * * *
          * * * * * * *
  (c) Notice.--If the Commissioner proposes to issue a 
determination of the equivalency of a sanitary or phytosanitary 
measure of a foreign country to a sanitary or [phystosanitary] 
phytosanitary measure of the Food and Drug Administration that 
is not required to be promulgated as a rule under the Federal 
Food, Drug, and Cosmetic Act or other statute administered by 
the Food and Drug Administration, the Commissioner shall 
publish a notice in the Federal Register that identifies the 
basis for the determination that the measure provides at least 
the same level of sanitary or phytosanitary protection as the 
comparable Federal sanitary or phytosanitary measure. The 
Commissioner shall provide opportunity for interested persons 
to comment on the notice. The Commissioner shall not issue a 
final determination on the issue of equivalency without taking 
into account the comments received.
          * * * * * * *
                              ----------                              


              SECTION 104A OF TITLE 17, UNITED STATES CODE

Sec. 104A. Copyright in restored works

  (a) * * *
          * * * * * * *
  (h) Definitions.--For purposes of this section and section 
109(a):
          (1) * * *
          * * * * * * *
          (3) The term ``eligible country'' means a nation, 
        other than the United States, that is a WTO member 
        country, adheres to the Berne Convention, or is subject 
        to a proclamation under [section 104A(g)] subsection 
        (g).
          * * * * * * *
                              ----------                              


              SECTION 154 OF TITLE 35, UNITED STATES CODE

Sec. 154. Contents and term of patent

  (a) * * *
          * * * * * * *
  (c) Continuation.--
          (1) * * *
          (2) Remedies.--The remedies of sections 283, 284, and 
        285 of this title shall not apply to [Acts] acts 
        which--
                  (A) * * *
          * * * * * * *
                              ----------                              


         NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT

          * * * * * * *

                      TITLE II--CUSTOMS PROVISIONS

          * * * * * * *

SEC. 202. RULES OF ORIGIN.

  (a) * * *
          * * * * * * *
  (m) Interpretation and Application.--For purposes of this 
section:
          (1) * * *
          * * * * * * *
          (4) In applying the Customs Valuation Code--
                  (A) * * *
          * * * * * * *
                  (C) the definitions in subsection [(o)] (p) 
                shall take precedence over the definitions in 
                the Customs Valuation Code to the extent of any 
                difference.
          * * * * * * *
  (p) Definitions.--For purposes of this section--
          (1) * * *
          * * * * * * *
          (18) Nonallowable interest costs.--The term 
        ``nonallowable interest costs'' means interest costs 
        incurred by a producer as a result of an interest rate 
        that exceeds the applicable [federal government] 
        Federal Government interest rate for comparable 
        maturities by more than 700 basis points, determined 
        pursuant to regulations implementing this section.
          * * * * * * *

      TITLE III--APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

                         Subtitle A--Safeguards

       PART 1--RELIEF FROM IMPORTS BENEFITING FROM THE AGREEMENT

          * * * * * * *

SEC. 309. PRICE-BASED SNAPBACK FOR FROZEN CONCENTRATED ORANGE JUICE.

  (a) * * *
          * * * * * * *
  (c) Rate of Duty.--The rate of duty specified for purposes of 
subsection (b) for articles entered on any day is the rate in 
the HTS that is the lower of--
          (1) the [column 1-General] column 1 general rate of 
        duty in effect for such articles on July 1, 1991; or
          (2) the [column 1-General] column 1 general rate of 
        duty in effect on that day.
          * * * * * * *

                       PART 3--GENERAL PROVISIONS

          * * * * * * *

SEC. 316. MONITORING.

  For purposes of expediting an investigation concerning 
provisional relief under this subtitle or section 202 of the 
Trade Act of 1974 regarding--
          (1) fresh or chilled tomatoes provided for in 
        subheading 0702.00.00 of the HTS; and
          (2) fresh or chilled peppers, other than chili 
        peppers provided for in subheading 0709.60.00 of the 
        HTS;
the International Trade Commission, until January 1, 2009, 
shall monitor imports of such goods as if proper requests for 
such monitoring had been made under [subsection 
202(d)(1)(C)(i)] subsection (d)(1)(C)(i) of such section 202. 
At the request of the International Trade Commission, the 
Secretary of Agriculture and the Commissioner of Customs shall 
provide to the International Trade Commission information 
relevant to the monitoring carried out under this section.
          * * * * * * *

                         Subtitle E--Standards

                     PART 1--STANDARDS AND MEASURES

SEC. 351. STANDARDS AND SANITARY AND PHYTOSANITARY MEASURES.

  (a) * * *
  (b) Technical Amendments.--
          (1) * * *
          (2) Conforming amendments.--Title IV of the Trade 
        [Agreement Act] Agreements Act of 1979 is further 
        amended--
                  (A) by striking out ``Special 
                Representative'' each place it appears and 
                inserting ``Trade Representative''; and
          * * * * * * *

  TITLE IV--DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY 
                                 CASES

 Subtitle A--Organizational, Administrative, and Procedural Provisions 
      Regarding the Implementation of Chapter 19 of the Agreement

          * * * * * * *

SEC. 402. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS.

  (a) * * *
          * * * * * * *
  (d) Selection and Appointment.--
          (1) * * *
          * * * * * * *
          (3) Exceptions.--Notwithstanding subsection (c)(3) 
        (other than subparagraph (B)), subsection (c)(4), or 
        paragraph (2)(A) of this subsection, individuals 
        included on the preliminary candidate lists submitted 
        to the appropriate Congressional Committees under 
        subsection (c)(3)(B) may--
                  (A) * * *
          * * * * * * *

SEC. 407. IDENTIFICATION OF INDUSTRIES FACING SUBSIDIZED IMPORTS.

  (a) * * *
          * * * * * * *
  (e) Effect of Decisions.--Any decision, whether positive or 
negative, or any action by the Trade Representative or the 
Secretary of Commerce under this section shall not in any way--
          (1) prejudice the right of any industry to file a 
        petition under any trade law;
          (2) prejudice, affect, or substitute for, any 
        proceeding, investigation, determination, or action by 
        the Secretary of Commerce, the International Trade 
        Commission, or the Trade Representative pursuant to 
        such a petition[,]; or
          * * * * * * *

            Subtitle B--Conforming Amendments and Provisions

          * * * * * * *

SEC. 415. EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS.

  (a) * * *
  (b) Transition Provisions.--
          (1) * * *
          (2) Binational panel and extraordinary challenge 
        committee reviews.--If on the date on which a country 
        ceases to be a NAFTA country--
                  (A) a binational panel review under article 
                1904 of the Agreement is pending, or has been 
                requested; or
                  (B) an extraordinary challenge committee 
                review under article 1904 of the Agreement is 
                pending, or has been requested;
        with respect to a determination which involves a class 
        or kind of merchandise and to which section 516A(g)(2) 
        of the Tariff Act of 1930 applies, such determination 
        shall be reviewable under section 516A(a) of the Tariff 
        Act of 1930. In the case of a determination to which 
        the provisions of this paragraph apply, the time limits 
        for commencing an action under section 516A(a) of the 
        Tariff Act of 1930 shall not begin to run until the 
        date on which the Agreement ceases to be in force with 
        respect to that country.
          * * * * * * *

                    TITLE VI--CUSTOMS MODERNIZATION

          * * * * * * *

            Subtitle A--Improvements in Customs Enforcement

          * * * * * * *

SEC. 621. PENALTIES FOR FRAUD, GROSS NEGLIGENCE, AND NEGLIGENCE; PRIOR 
                    DISCLOSURE.

  Section 592 (19 U.S.C. 1592) is amended--
          (1) * * *
          * * * * * * *
          (4) by amending subsection (c)(4)--
                  (A) by striking ``time of disclosure or 
                within thirty days, or such longer period as 
                the appropriate customs officer may provide, 
                after notice by the appropriate customs officer 
                of his'' in subparagraph (A)(i) and by striking 
                out ``time of [disclosure in 30 days] 
                disclosure within 30 days, or such longer 
                period as the appropriate customs officer may 
                provide, after notice by the appropriate 
                customs officer of his'' in subparagraph (B), 
                and inserting in each place ``time of 
                disclosure, or within 30 days (or such longer 
                period as the Customs Service may provide) 
                after notice by the Customs Service of its''; 
                and
          * * * * * * *
                              ----------                              


        SECTION 219 OF THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT

SEC. 219. CENTER FOR THE STUDY OF WESTERN HEMISPHERIC TRADE.

  (a) * * *
  (b)  Scope of the Center.--The Center shall be a year-round 
program operated by an institution located in the State of 
Texas (or a consortium of such institutions), the purpose of 
which is to promote and study trade between and among Western 
Hemisphere countries. The Center shall conduct activities 
designed to examine--
          (1) the impact of the NAFTA on the economies in, and 
        trade within, the Western Hemisphere[,];
          * * * * * * *
  (h) Report.--The Commissioner of Customs shall, no later than 
July 1, 1994, and annually thereafter for years for which 
grants are made, submit a written report to the Committee on 
Finance of the Senate and the Committee on Ways and Means of 
the House of Representatives. The first report shall include--
          (1) a statement identifying the institution or 
        institutions selected as the Center[,];
          (2) the reasons for selecting the institution or 
        institutions as the Center[,]; and
          * * * * * * *
                              ----------                              


                 REVISED STATUTES OF THE UNITED STATES

          * * * * * * *

                         T I T L E  X X X I V .

                   COLLECTION OF DUTIES UPON IMPORTS.

          * * * * * * *

                            CHAPTER ELEVEN.

       PROVISIONS APPLYING TO COMMERCE WITH CONTIGUOUS COUNTRIES.

          * * * * * * *
  Sec. 3126. Any United States documented vessel with a 
registry or coastwise endorsement, or both, may engage in trade 
between one port in the United States and one or more ports 
within the same, with the privilege of touching at one or more 
foreign ports during the voyage, and land and take in thereat 
merchandise, passengers and their baggage, and letters, and 
mails.
  Sec. 3127. Any foreign merchandise taken in at one port of 
the United States to be [conveyed a United States] conveyed in 
a United States documented vessel with a registry or coastwise 
endorsement, or both, to any other port within the same, either 
under the provisions relating to warehouses, or under the laws 
regulating the transportation coastwise of merchandise entitled 
to drawback, as well as any merchandise not entitled to 
drawback, but on which the import duties chargeable by law 
shall have been duly paid, shall not become subject to any 
import duty by reason of the vessel in which they may arrive 
having touched at a foreign port during the vogage.
          * * * * * * *
                              ----------                              


                      TRADE AND TARIFF ACT OF 1984

          * * * * * * *

SEC. 240. MAX PLANCK INSTITUTE FOR RADIOASTRONOMY.

    (a)(1) * * *
          (A) such article is an instrument or apparatus 
        (within the meaning of [headnote 6(a) of part 4 of 
        schedule 8 of the Tariff Schedules of the United States 
        (19 U.S.C. 1202)] U.S. note 6(a) of subchapter X of 
        chapter 98 of the Harmonized Tariff Schedule of the 
        United States (19 U.S.C. 3007)), and
          * * * * * * *
    (e) If any article admitted free of duty under subsection 
(a) is used for any purpose other than the joint project 
described in subsection (a)(1) within five years after being 
entered, duty on the article shall be assessed in accordance 
with the procedures established in [headnote 1 of part 4 of 
schedule 8 (19 U.S.C. 1202] U.S. note 1 of subchapter X of 
chapter 98 of the Harmonized Tariff Schedule of the United 
States).
    (f) The provisions of subsection (a) shall apply with 
respect to articles entered for consumption after the day which 
is 15 days after the date of enactment of this Act [and before 
November 1, 1993].
          * * * * * * *

             OMNIBUS TRADE AND COMPETITIVENESS ACT OF 1988

               Subtitle A--United States Trade Agreements

          * * * * * * *

SEC. 1106. ACCESSION OF STATE TRADING REGIMES TO THE GENERAL AGREEMENT 
                    ON TARIFFS AND TRADE FOR THE WTO OR THE WTO.

          * * * * * * *

                TITLE I--TRADE, CUSTOMS, AND TARIFF LAWS

          * * * * * * *

      Subtitle B--Implementation of the Harmonized Tariff Schedule

          * * * * * * *

SEC. 1207. PUBLICATION OF THE HARMONIZED TARIFF SCHEDULE.

  (a) * * *
  (b) Content.--Publications under subsection (a), in whatever 
format, shall contain--
          (1) the then current Harmonized Tariff Schedule;
          (2) statistical annotations and related statistical 
        information formulated under section [484(e)] 484(f) of 
        the Tariff Act of 1930 (19 U.S.C. [1484(e)] 1484(f)); 
        and
          * * * * * * *

SEC. 1210. UNITED STATES PARTICIPATION ON THE CUSTOMS COOPERATION 
                    COUNCIL REGARDING THE CONVENTION.

  (a) * * *
  (b) Development of Technical Proposals.--
          (1) In connection with responsibilities arising from 
        the implementation of the Convention and under section 
        [484(e)] 484(f) of the Tariff Act of 1930 (19 U.S.C. 
        [1484(e)] 1484(f)) regarding United States programs for 
        the development of adequate and comparable statistical 
        information on merchandise trade, the Secretary of the 
        Treasury, the Secretary of Commerce, and the Commission 
        shall prepare technical proposals that are appropriate 
        or required to assure that the United States 
        contribution to the development of the Convention 
        recognizes the needs of the United States business 
        community for a Convention which reflects sound 
        principles of commodity identification, modern 
        producing methods, and current trading patterns and 
        practices.
          * * * * * * *