    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 948

    Public Law 108-78
    108th Congress

    An Act

    To implement the United States-Singapore Free Trade
    Agreement. [NOTE: Sept. 3, 2003 -  [H.R. 2739]]

    Be it enacted by the Senate and House of Representatives of the
    United States of [NOTE: United States-Singapore Free Trade Agreement
    Implementation Act.] America in Congress assembled,

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS. [NOTE: 19 USC 3805 note.]

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

    Sec. 1. Short title; table of contents.
    Sec. 2. Purposes.
    Sec. 3. Definitions.

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

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

    TITLE II--CUSTOMS PROVISIONS

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

    TITLE III--RELIEF FROM IMPORTS

    Sec. 301. Definitions.

    Subtitle A--Relief From Imports Benefiting From the Agreement

    Sec. 311. Commencing of action for relief.
    Sec. 312. Commission action on petition.
    Sec. 313. Provision of relief.
    Sec. 314. Termination of relief authority.
    Sec. 315. Compensation authority.
    Sec. 316. Confidential business information.

    Subtitle B--Textile and Apparel Safeguard Measures

    Sec. 321. Commencement of action for relief.
    Sec. 322. Determination and provision of relief.
    Sec. 323. Period of relief.
    Sec. 324. Articles exempt from relief.
    Sec. 325. Rate after termination of import relief.
    Sec. 326. Termination of relief authority.

    [[Page 949]]

    117 STAT. 949

    Sec. 327. Compensation authority.
    Sec. 328. Business confidential information.

    Subtitle C--Cases Under Title II of the Trade Act of 1974

    Sec. 331. Findings and action on goods from Singapore.

    TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS

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

    SEC. 2. PURPOSES. [NOTE: 19 USC 3805 note.]

    The purposes of this Act are--
    (1) to approve and implement the Free Trade Agreement
    between the United States and the Republic of Singapore entered
    into under the authority of section 2103(b) of the Bipartisan
    Trade Promotion Authority Act of 2002;
    (2) to strengthen and develop economic relations between the
    United States and Singapore for their mutual benefit;
    (3) to establish free trade between the 2 nations through
    the reduction and elimination of barriers to trade in goods and
    services and to investment; and
    (4) to lay the foundation for further cooperation to expand
    and enhance the benefits of such Agreement.

    SEC. 3. DEFINITIONS. [NOTE: 19 USC 3805 note.]

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

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

    SEC. 101. [NOTE: 19 USC 3805 note.] APPROVAL AND ENTRY INTO FORCE OF
    THE AGREEMENT.

    (a) Approval of Agreement and Statement of Administrative Action.--
    Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act
    of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19
    U.S.C. 2191), Congress approves--
    (1) the United States-Singapore Free Trade Agreement entered
    into on May 6, 2003, with the Government of Singapore and
    submitted to Congress on July 15, 2003; and
    (2) the statement of administrative action proposed to
    implement the Agreement that was submitted to Congress on July
    15, 2003.

    (b) Conditions for Entry Into Force of the Agreement.--At such time
    as the President determines that Singapore has taken measures necessary
    to bring it into compliance with those provisions of the Agreement that
    take effect on the date on which the Agreement enters into force, the
    President is authorized to exchange notes with the Government of
    Singapore providing for the entry into force, on or after January 1,
    2004, of the Agreement for the United States.

    [[Page 950]]

    117 STAT. 950

    SEC. 102. [NOTE: 19 USC 3805 note.] RELATIONSHIP OF THE AGREEMENT TO
    UNITED STATES AND STATE LAW.

    (a) Relationship of Agreement to United States Law.--
    (1) United states law to prevail in conflict.--No provision
    of the Agreement, nor the application of any such provision to
    any person or circumstance, which is inconsistent with any law
    of the United States shall have effect.
    (2) Construction.--Nothing in this Act shall be construed--
    (A) to amend or modify any law of the United States,
    or
    (B) to limit any authority conferred under any law
    of the United States,
    unless specifically provided for in this Act.

    (b) Relationship of Agreement to State Law.--
    (1) Legal challenge.--No State law, or the application
    thereof, may be declared invalid as to any person or
    circumstance on the ground that the provision or application is
    inconsistent with the Agreement, except in an action brought by
    the United States for the purpose of declaring such law or
    application invalid.
    (2) Definition of state law.--For purposes of this
    subsection, the term ``State law'' includes--
    (A) any law of a political subdivision of a State;
    and
    (B) any State law regulating or taxing the business
    of insurance.

    (c) Effect of Agreement With Respect to Private Remedies.--No person
    other than the United States--
    (1) shall have any cause of action or defense under the
    Agreement or by virtue of congressional approval thereof; or
    (2) may challenge, in any action brought under any provision
    of law, any action or inaction by any department, agency, or
    other instrumentality of the United States, any State, or any
    political subdivision of a State on the ground that such action
    or inaction is inconsistent with the Agreement.

    SEC. 103. [NOTE: President. 19 USC 3805 note.] CONSULTATION AND
    LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED
    ACTIONS.

    (a) Consultation and Layover Requirements.--If a provision of this
    Act provides that the implementation of an action by the President by
    proclamation is subject to the consultation and layover requirements of
    this section, such action may be proclaimed only if--
    (1) the President has obtained advice regarding the proposed
    action from--
    (A) the appropriate advisory committees established
    under section 135 of the Trade Act of 1974; and
    (B) the United States International Trade
    Commission;
    (2) [NOTE: Reports.] the President has submitted a report
    to the Committee on Finance of the Senate and the Committee on
    Ways and Means of the House of Representatives that sets forth--
    (A) the action proposed to be proclaimed and the
    reasons therefor; and
    (B) the advice obtained under paragraph (1);
    (3) a period of 60 calendar days beginning on the first day
    on which the requirements of paragraphs (1) and (2) have been
    met has expired; and

    [[Page 951]]

    117 STAT. 951

    (4) the President has consulted with such Committees
    regarding the proposed action during the period referred to in
    paragraph (3).

    (b) Effective [NOTE: Federal Register, publication.] Date of
    Certain Proclaimed Actions.--Any action proclaimed by the President
    under the authority of this Act that is not subject to the consultation
    and layover provisions under subsection (a) may not take effect before
    the 15th day after the date on which the text of the proclamation is
    published in the Federal Register.

    SEC. 104. [NOTE: 19 USC 3805 note.] IMPLEMENTING ACTIONS IN
    ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.

    (a) Implementing Actions.--
    (1) Proclamation authority.--After the date of enactment of
    this Act--
    (A) the President may proclaim such actions, and
    (B) other appropriate officers of the United States
    Government may issue such regulations--
    as may be necessary to ensure that any provision of this Act, or
    amendment made by this Act, that takes effect on the date the
    Agreement enters into force is appropriately implemented on such
    date, but no such proclamation or regulation may have an
    effective date earlier than the date of entry into force.
    (2) Waiver of 15-day restriction.--The 15-day restriction in
    section 103(b) on the taking effect of proclaimed actions is
    waived to the extent that the application of such restriction
    would prevent the taking effect on the date the Agreement enters
    into force of any action proclaimed under this section.

    (b) Initial [NOTE: Deadlines.] Regulations.--Initial regulations
    necessary or appropriate to carry out the actions required by or
    authorized under this Act or proposed in the statement of administrative
    action submitted under section 101(a)(2) to implement the Agreement
    shall, to the maximum extent feasible, be issued within 1 year after the
    date of entry into force of the Agreement. In the case of any
    implementing action that takes effect on a date after the date of entry
    into force of the Agreement, initial regulations to carry out that
    action shall, to the maximum extent feasible, be issued within 1 year
    after such effective date.

    SEC. 105. [NOTE: 19 USC 3805 note.] ADMINISTRATION OF DISPUTE
    SETTLEMENT PROCEEDINGS.

    (a) Establishment [NOTE: President.] or Designation of Office.--
    The President is authorized to establish or designate within the
    Department of Commerce an office that shall be responsible for providing
    administrative assistance to panels established under chapter 20 of the
    Agreement. Such office may not be considered to be an agency for
    purposes of section 552 of title 5, United States Code.

    (b) Authorization of Appropriations.--There are authorized to be
    appropriated for each fiscal year after fiscal year 2003 to the
    Department of Commerce such sums as may be necessary for the
    establishment and operations of the office under subsection (a) and for
    the payment of the United States share of the expenses of panels
    established under chapter 20 of the Agreement.

    SEC. 106. [NOTE: 19 USC 3805 note.] ARBITRATION OF CERTAIN CLAIMS.

    (a) Submission of Certain Claims.--The United States is authorized
    to resolve any claim against the United States covered by article
    15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement,

    [[Page 952]]

    117 STAT. 952

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

    SEC. 107. [NOTE: 19 USC 3805 note.] EFFECTIVE DATES; EFFECT OF
    TERMINATION.

    (a) Effective Dates.--Except as provided in subsection (b), the
    provisions of this Act and the amendments made by this Act take effect
    on the date the Agreement enters into force.
    (b) Exceptions.--
    (1) Sections 1 through 3 and this title take effect on the
    date of enactment of this Act.
    (2) Section 205 takes effect on the date on which the
    textile and apparel provisions of the Agreement take effect
    pursuant to article 5.10 of the Agreement.

    (c) Termination of the Agreement.--On the date on which the
    Agreement ceases to be in force, the provisions of this Act (other than
    this subsection) and the amendments made by this Act shall cease to be
    effective.

    TITLE II--CUSTOMS PROVISIONS

    SEC. 201. [NOTE: 19 USC 3805 note.] TARIFF MODIFICATIONS.

    (a) Tariff Modifications Provided for in the Agreement.--The
    President may proclaim--
    (1) such modifications or continuation of any duty,
    (2) such continuation of duty-free or excise treatment, or
    (3) such additional duties--

    as the President determines to be necessary or appropriate to carry out
    or apply articles 2.2, 2.5, 2.6, and 2.12 and Annex 2B of the Agreement.
    (b) Other Tariff Modifications.--Subject to the consultation and
    layover provisions of section 103(a), the President may proclaim--
    (1) such modifications or continuation of any duty,
    (2) such modifications as the United States may agree to
    with Singapore regarding the staging of any duty treatment set
    forth in Annex 2B of the Agreement,
    (3) such continuation of duty-free or excise treatment, or
    (4) such additional duties--

    as the President determines to be necessary or appropriate to maintain
    the general level of reciprocal and mutually advantageous concessions
    with respect to Singapore provided for by the Agreement.
    (c) Conversion to Ad Valorem Rates.--For purposes of subsections (a)
    and (b), with respect to any good for which the base rate in the
    Schedule of the United States set forth in Annex 2B of the Agreement is
    a specific or compound rate of duty, the President may substitute for
    the base rate an ad valorem rate that the President determines to be
    equivalent to the base rate.

    SEC. 202. [NOTE: 19 USC 3805 note.] RULES OF ORIGIN.

    (a) Originating Goods.--For purposes of this Act and for purposes of
    implementing the tariff treatment provided for under

    [[Page 953]]

    117 STAT. 953

    the Agreement, except as otherwise provided in this section, a good is
    an originating good if--
    (1) the good is wholly obtained or produced entirely in the
    territory of Singapore, the United States, or both;
    (2) each nonoriginating material used in the production of
    the good--
    (A) undergoes an applicable change in tariff
    classification set out in Annex 3A of the Agreement as a
    result of production occurring entirely in the territory
    of Singapore, the United States, or both; or
    (B) if no change in tariff classification is
    required, the good otherwise satisfies the applicable
    requirements of such Annex; or
    (3) the good itself, as imported, is listed in Annex 3B of
    the Agreement and is imported into the territory of the United
    States from the territory of Singapore.

    (b) De Minimis Amounts of Nonoriginating Materials.--
    (1) In general.--Except as provided for in paragraphs (2)
    and (3), a good shall be considered to be an originating good
    if--
    (A) the value of all nonoriginating materials used
    in the production of the good that do not undergo the
    required change in tariff classification under Annex 3A
    of the Agreement does not exceed 10 percent of the
    adjusted value of the good;
    (B) if the good is subject to a regional value-
    content requirement, the value of such nonoriginating
    materials is taken into account in calculating the
    regional value-content of the good; and
    (C) the good satisfies all other applicable
    requirements of this section.
    (2) Exceptions.--Paragraph (1) does not apply to the
    following:
    (A) A nonoriginating material provided for in
    chapter 4 of the HTS or in subheading 1901.90 of the HTS
    that is used in the production of a good provided for in
    chapter 4 of the HTS.
    (B) A nonoriginating material provided for in
    chapter 4 of the HTS or in subheading 1901.90 of the HTS
    that is used in the production of a good provided for in
    heading 2105 or in any of subheadings 1901.10, 1901.20,
    1901.90, 2106.90, 2202.90, and 2309.90 of the HTS.
    (C) A nonoriginating material provided for in
    heading 0805, or any of subheadings 2009.11.00 through
    2009.39, of the HTS, that is used in the production of a
    good provided for in any of subheadings 2009.11.00
    through 2009.39 or in subheading 2106.90 or 2202.90 of
    the HTS.
    (D) A nonoriginating material provided for in
    chapter 15 of the HTS that is used in the production of
    a good provided for in any of headings 1501.00.00
    through 1508, 1512, 1514, and 1515 of the HTS.
    (E) A nonoriginating material provided for in
    heading 1701 of the HTS that is used in the production
    of a good provided for in any of headings 1701 through
    1703 of the HTS.
    (F) A nonoriginating material provided for in
    chapter 17 of the HTS or heading 1805.00.00 of the HTS
    that

    [[Page 954]]

    117 STAT. 954

    is used in the production of a good provided for in
    subheading 1806.10 of the HTS.
    (G) A nonoriginating material provided for in any of
    headings 2203 through 2208 of the HTS that is used in
    the production of a good provided for in heading 2207 or
    2208 of the HTS.
    (H) A nonoriginating material used in the production
    of a good provided for in any of chapters 1 through 21
    of the HTS, unless the nonoriginating material is
    provided for in a different subheading than the good for
    which origin is being determined under this section.
    (3) Goods provided for in chapters 50 through 63 of the
    hts.--
    (A) In general.--Except as provided in subparagraph
    (B), a good provided for in any of chapters 50 through
    63 of the HTS that is not an originating good because
    certain fibers or yarns used in the production of the
    component of the good that determines the tariff
    classification of the good do not undergo an applicable
    change in tariff classification set out in Annex 3A of
    the Agreement shall be considered to be an originating
    good if the total weight of all such fibers or yarns in
    that component is not more than 7 percent of the total
    weight of that component.
    (B) Certain textile or apparel goods.--
    (i) Treatment as originating good.--A textile
    or apparel good containing elastomeric yarns in
    the component of the good that determines the
    tariff classification of the good shall be
    considered to be an originating good only if such
    yarns are wholly formed in the territory of
    Singapore or the United States.
    (ii) Definition of textile or apparel good.--
    For purposes of this subparagraph, the term
    ``textile or apparel good'' means a product listed
    in the Annex to the Agreement on Textiles and
    Clothing referred to in section 101(d)(4) of the
    Uruguay Round Agreements Act (19 U.S.C.
    3511(d)(4)).

    (c) Accumulation.--
    (1) Originating goods incorporated in goods of other
    country.--Originating materials from the territory of either
    Singapore or the United States that are used in the production
    of a good in the territory of the other country shall be
    considered to originate in the territory of the other country.
    (2) Multiple procedures.--A good that is produced in the
    territory of Singapore, the United States, or both, by 1 or more
    producers is an originating good if the good satisfies the
    requirements of subsection (a) and all other applicable
    requirements of this section.

    (d) Regional Value-Content.--
    (1) In general.--For purposes of subsection (a)(2), the
    regional value-content of a good referred to in Annex 3A of the
    Agreement shall be calculated, at the choice of the person
    claiming preferential tariff treatment for the good, on the
    basis of the build-down method described in paragraph (2) or the
    build-up method described in paragraph (3), unless otherwise
    provided in Annex 3A of the Agreement.
    (2) Build-down method.--

    [[Page 955]]

    117 STAT. 955

    (A) In general.--The regional value-content of a
    good may be calculated on the basis of the following
    build-down method:

    av-vnm

    rvc = --------  100

    av

    (B) Definitions.--For purposes of subparagraph (A):
    (i) The term ``RVC'' means the regional value-
    content, expressed as a percentage.
    (ii) The term ``AV'' means the adjusted value.
    (iii) The term ``VNM'' means the value of
    nonoriginating materials that are acquired and
    used by the producer in the production of the
    good.
    (3) Build-up method.--
    (A) In general.--The regional value-content of a
    good may be calculated on the basis of the following
    build-up method:

    vom

    rvc = --------  100

    av

    (B) Definitions.--For purposes of subparagraph (A):
    (i) The term ``RVC'' means the regional value-
    content, expressed as a percentage.
    (ii) The term ``AV'' means the adjusted value.
    (iii) The term ``VOM'' means the value of
    originating materials that are acquired or self-
    produced and are used by the producer in the
    production of the good.

    (e) Value of Materials.--
    (1) In general.--For purposes of calculating the regional
    value-content of a good under subsection (d), and for purposes
    of applying the de minimis rules under subsection (b), the value
    of a material is--
    (A) in the case of a material imported by the
    producer of the good, the adjusted value of the
    material;
    (B) in the case of a material acquired in the
    territory in which the good is produced, except for a
    material to which subparagraph (C) applies, the adjusted
    value of the material; or
    (C) in the case of a material that is self-produced,
    or in a case in which the relationship between the
    producer of the good and the seller of the material
    influenced the price actually paid or payable for the
    material, including a material obtained without charge,
    the sum of--
    (i) all expenses incurred in the production of
    the material, including general expenses; and
    (ii) an amount for profit.
    (2) Further adjustments to the value of materials.--
    (A) Originating materials.--The following expenses,
    if not included in the value of an originating material
    calculated under paragraph (1), may be added to the
    value of the originating material:

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    117 STAT. 956

    (i) The costs of freight, insurance, packing,
    and all other costs incurred in transporting the
    material to the location of the producer.
    (ii) Duties, taxes, and customs brokerage fees
    on the material paid in the territory of
    Singapore, the United States, or both, other than
    duties and taxes that are waived, refunded,
    refundable, or otherwise recoverable, including
    credit against duty or tax paid or payable.
    (iii) The cost of waste and spoilage resulting
    from the use of the material in the production of
    the good, less the value of renewable scrap or by-
    product.
    (B) Nonoriginating materials.--The following
    expenses, if included in the value of a nonoriginating
    material calculated under paragraph (1), may be deducted
    from the value of the nonoriginating material:
    (i) The costs of freight, insurance, packing,
    and all other costs incurred in transporting the
    material to the location of the producer.
    (ii) Duties, taxes, and customs brokerage fees
    on the material paid in the territory of
    Singapore, the United States, or both, other than
    duties and taxes that are waived, refunded,
    refundable, or otherwise recoverable, including
    credit against duty or tax paid or payable.
    (iii) The cost of waste and spoilage resulting
    from the use of the material in the production of
    the good, less the value of renewable scrap or by-
    product.
    (iv) The cost of processing incurred in the
    territory of Singapore or the United States in the
    production of the nonoriginating material.
    (v) The cost of originating materials used in
    the production of the nonoriginating material in
    the territory of Singapore or the United States.

    (f) Accessories, Spare Parts, or Tools.--
    (1) In general.--Subject to paragraph (2), accessories,
    spare parts, or tools delivered with the good that form part of
    the good's standard accessories, spare parts, or tools shall--
    (A) be treated as originating goods if the good is
    an originating good; and
    (B) be disregarded in determining whether all the
    nonoriginating materials used in the production of the
    good undergo an applicable change in tariff
    classification set out in Annex 3A of the Agreement.
    (2) [NOTE: Applicability.] Conditions.--Paragraph (1)
    shall apply only if--
    (A) the accessories, spare parts, or tools are not
    invoiced separately from the good;
    (B) the quantities and value of the accessories,
    spare parts, or tools are customary for the good; and
    (C) if the good is subject to a regional value-
    content requirement, the value of the accessories, spare
    parts, or tools is taken into account as originating or
    nonoriginating materials, as the case may be, in
    calculating the regional value-content of the good.

    (g) Fungible Goods and Materials.--
    (1) In general.--

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    117 STAT. 957

    (A) Claim for preferential treatment.--A person
    claiming preferential tariff treatment for a good may
    claim that a fungible good or material is originating
    either based on the physical segregation of each
    fungible good or material or by using an inventory
    management method.
    (B) Inventory management method.--In this
    subsection, the term ``inventory management method''
    means--
    (i) averaging;
    (ii) ``last-in, first-out'';
    (iii) ``first-in, first-out''; or
    (iv) any other method--
    (I) recognized in the generally
    accepted accounting principles of the
    country in which the production is
    performed (whether Singapore or the
    United States); or
    (II) otherwise accepted by that
    country.
    (2) Election of inventory method.--A person selecting an
    inventory management method under paragraph (1) for particular
    fungible goods or materials shall continue to use that method
    for those fungible goods or materials throughout the fiscal year
    of that person.

    (h) Packaging Materials and Containers for Retail Sale.--Packaging
    materials and containers in which a good is packaged for retail sale, if
    classified with the good, shall be disregarded in determining whether
    all the nonoriginating materials used in the production of the good
    undergo the applicable change in tariff classification set out in Annex
    3A of the Agreement and, if the good is subject to a regional value-
    content requirement, the value of such packaging materials and
    containers shall be taken into account as originating or nonoriginating
    materials, as the case may be, in calculating the regional value-content
    of the good.
    (i) Packing Materials and Containers for Shipment.--Packing
    materials and containers in which a good is packed for shipment shall be
    disregarded in determining whether--
    (1) the nonoriginating materials used in the production of a
    good undergo an applicable change in tariff classification set
    out in Annex 3A of the Agreement; and
    (2) the good satisfies a regional value-content requirement.

    (j) Indirect Materials.--An indirect material shall be considered to
    be an originating material without regard to where it is produced, and
    its value shall be the cost registered in the accounting records of the
    producer of the good.
    (k) Third Country Operations.--A good shall not be considered to be
    an originating good by reason of having undergone production that
    satisfies the requirements of subsection (a) if, subsequent to that
    production, the good undergoes further production or any other operation
    outside the territories of Singapore and the United States, other than
    unloading, reloading, or any other operation necessary to preserve it in
    good condition or to transport the good to the territory of Singapore or
    the United States.
    (l) Special Rule for Apparel Goods Listed in Chapter 61 or 62 of the
    HTS.--
    (1) In general.--An apparel good listed in chapter 61 or 62
    of the HTS shall be considered to be an originating good if it
    is both cut (or knit to shape) and sewn or otherwise assembled
    in the territory of Singapore, the United States, or both, from
    fabric or yarn, regardless of origin, designated

    [[Page 958]]

    117 STAT. 958

    in the manner described in paragraph (2) as fabric or yarn not
    available in commercial quantities in a timely manner in the
    United States.
    (2) Designation of certain fabric and yarn.--The designation
    referred to in paragraph (1) means a designation made in a
    notice published in the Federal Register on or before November
    15, 2002, identifying apparel goods made from fabric or yarn
    eligible for entry into the United States under subheading
    9819.11.24 or 9820.11.27 of the HTS. For purposes of this
    subsection, a reference in the notice to fabric or yarn formed
    in the United States is deemed to include fabric or yarn formed
    in Singapore.

    (m) Application and Interpretation.--In this section:
    (1) The basis for any tariff classification is the HTS.
    (2) [NOTE: Records.] Any cost or value referred to in this
    section shall be recorded and maintained in accordance with the
    generally accepted accounting principles applicable in the
    territory of the country in which the good is produced (whether
    Singapore or the United States).

    (n) Definitions.--In this section:
    (1) Adjusted value.--The term ``adjusted value'' means the
    value of a good determined under articles 1 through 8, article
    15, and the corresponding interpretative notes of the Agreement
    on Implementation of Article VII of the General Agreement on
    Tariffs and Trade 1994 referred to in section 101(d)(8) of the
    Uruguay Round Agreements Act, except that such value may be
    adjusted to exclude any costs, charges, or expenses incurred for
    transportation, insurance, and related services incident to the
    international shipment of the good from the country of
    exportation to the place of importation.
    (2) Fungible goods and fungible materials.--The terms
    ``fungible goods'' and ``fungible materials'' mean goods or
    materials, as the case may be, that are interchangeable for
    commercial purposes and the properties of which are essentially
    identical.
    (3) Generally accepted accounting principles.--The term
    ``generally accepted accounting principles'' means the
    recognized consensus or substantial authoritative support in the
    territory of Singapore or the United States, as the case may be,
    with respect to the recording of revenues, expenses, costs, and
    assets and liabilities, the disclosure of information, and the
    preparation of financial statements. The standards may encompass
    broad guidelines of general application as well as detailed
    standards, practices, and procedures.
    (4) Goods wholly obtained or produced entirely in the
    territory of singapore, the united states, or both.--The term
    ``goods wholly obtained or produced entirely in the territory of
    Singapore, the United States, or both'' means--
    (A) mineral goods extracted in the territory of
    Singapore, the United States, or both;
    (B) vegetable goods, as such goods are defined in
    the Harmonized System, harvested in the territory of
    Singapore, the United States, or both;
    (C) live animals born and raised in the territory of
    Singapore, the United States, or both;

    [[Page 959]]

    117 STAT. 959

    (D) goods obtained from hunting, trapping, fishing,
    or aquaculture conducted in the territory of Singapore,
    the United States, or both;
    (E) goods (fish, shellfish, and other marine life)
    taken from the sea by vessels registered or recorded
    with Singapore or the United States and flying the flag
    of that country;
    (F) goods produced exclusively from products
    referred to in subparagraph (E) on board factory ships
    registered or recorded with Singapore or the United
    States and flying the flag of that country;
    (G) goods taken by Singapore or the United States,
    or a person of Singapore or the United States, from the
    seabed or beneath the seabed outside territorial waters,
    if Singapore or the United States has rights to exploit
    such seabed;
    (H) goods taken from outer space, if the goods are
    obtained by Singapore or the United States or a person
    of Singapore or the United States and not processed in
    the territory of a country other than Singapore or the
    United States;
    (I) waste and scrap derived from--
    (i) production in the territory of Singapore,
    the United States, or both; or
    (ii) used goods collected in the territory of
    Singapore, the United States, or both, if such
    goods are fit only for the recovery of raw
    materials;
    (J) recovered goods derived in the territory of
    Singapore, the United States, or both, from used goods;
    or
    (K) goods produced in the territory of Singapore,
    the United States, or both, exclusively--
    (i) from goods referred to in any of
    subparagraphs (A) through (I); or
    (ii) from the derivatives of goods referred to
    in clause (i).
    (5) Harmonized system.--The term ``Harmonized System'' means
    the Harmonized Commodity Description and Coding System.
    (6) Indirect material.--The term ``indirect material'' means
    a good used in the production, testing, or inspection of a good
    but not physically incorporated into the good, or a good used in
    the maintenance of buildings or the operation of equipment
    associated with the production of a good, including--
    (A) fuel and energy;
    (B) tools, dies, and molds;
    (C) spare parts and materials used in the
    maintenance of equipment or buildings;
    (D) lubricants, greases, compounding materials, and
    other materials used in production or used to operate
    equipment or buildings;
    (E) gloves, glasses, footwear, clothing, safety
    equipment, and supplies;
    (F) equipment, devices, and supplies used for
    testing or inspecting the good;
    (G) catalysts and solvents; and

    [[Page 960]]

    117 STAT. 960

    (H) any other goods that are not incorporated into
    the good but the use of which in the production of the
    good can reasonably be demonstrated to be a part of that
    production.
    (7) Material.--The term ``material'' means a good that is
    used in the production of another good.
    (8) Material that is self-produced.--The term ``material
    that is self-produced'' means a material, such as a part or
    ingredient, produced by a producer of a good and used by the
    producer in the production of another good.
    (9) Nonoriginating material.--The term ``nonoriginating
    material'' means a material that does not qualify as an
    originating good under the rules set out in this section.
    (10) Preferential tariff treatment.--The term ``preferential
    tariff treatment'' means the customs duty rate that is
    applicable to an originating good pursuant to chapter 2 of the
    Agreement.
    (11) Producer.--The term ``producer'' means a person who
    grows, raises, mines, harvests, fishes, traps, hunts,
    manufactures, processes, assembles, or disassembles a good.
    (12) Production.--The term ``production'' means growing,
    mining, harvesting, fishing, raising, trapping, hunting,
    manufacturing, processing, assembling, or disassembling a good.
    (13) Recovered goods.--
    (A) In general.--The term ``recovered goods'' means
    materials in the form of individual parts that are the
    result of--
    (i) the complete disassembly of used goods
    into individual parts; and
    (ii) the cleaning, inspecting, testing, or
    other processing of those parts as necessary for
    improvement to sound working condition by one or
    more of the processes described in subparagraph
    (B), in order for such parts to be assembled with
    other parts, including other parts that have
    undergone the processes described in this
    paragraph, in the production of a remanufactured
    good described in Annex 3C of the Agreement.
    (B) Processes.--The processes referred to in
    subparagraph (A)(ii) are welding, flame spraying,
    surface machining, knurling, plating, sleeving, and
    rewinding.
    (14) Remanufactured good.--The term ``remanufactured good''
    means an industrial good assembled in the territory of Singapore
    or the United States, that is listed in Annex 3C of the
    Agreement, and--
    (A) is entirely or partially comprised of recovered
    goods;
    (B) has the same life expectancy and meets the same
    performance standards as a new good; and
    (C) enjoys the same factory warranty as such a new
    good.
    (15) Territory.--The term ``territory'' has the meaning
    given that term in Annex 1A of the Agreement.
    (16) Used.--The term ``used'' means used or consumed in the
    production of goods.

    (o) Presidential Proclamation Authority.--
    (1) In general.--The President is authorized to proclaim, as
    part of the HTS--

    [[Page 961]]

    117 STAT. 961

    (A) the provisions set out in Annexes 3A, 3B, and 3C
    of the Agreement; and
    (B) any additional subordinate category necessary to
    carry out this title consistent with the Agreement.
    (2) Modifications.--
    (A) In general.--Subject to the consultation and
    layover provisions of section 103(a), the President may
    proclaim modifications to the provisions proclaimed
    under the authority of paragraph (1)(A), other than--
    (i) the provisions of Annex 3B of the
    Agreement; and
    (ii) provisions of chapters 50 through 63 of
    the HTS, as included in Annex 3A of the Agreement.
    (B) Additional proclamations.--Notwithstanding
    subparagraph (A), and subject to the consultation and
    layover provisions of section 103(a), the President may
    proclaim--
    (i) modifications to the provisions proclaimed
    under the authority of paragraph (1)(A) that are
    necessary to implement an agreement with Singapore
    pursuant to article 3.18.4(c) of the Agreement;
    and
    (ii) before the 1st anniversary of the date of
    enactment of this Act, modifications to correct
    any typographical, clerical, or other
    nonsubstantive technical error regarding the
    provisions of chapters 50 through 63 of the HTS,
    as included in Annex 3A of the Agreement.

    SEC. 203. [NOTE: 19 USC 3805 note.] CUSTOMS USER FEES.

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

    SEC. 204. [NOTE: 19 USC 3805 note.] DISCLOSURE OF INCORRECT
    INFORMATION.

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

    [[Page 962]]

    117 STAT. 962

    time periods for making a corrected declaration and
    paying duties owing under subparagraph (A), if such
    periods are not shorter than 1 year following the date
    on which the importer makes the incorrect claim that a
    good qualifies as an originating good.''.

    SEC. 205. [NOTE: 19 USC 3805 note.] ENFORCEMENT RELATING TO TRADE IN
    TEXTILE AND APPAREL GOODS.

    (a) Denial of Permission To Conduct Site Visits.--
    (1) In general.--Subject to paragraph (2), if the Secretary
    of the Treasury proposes to conduct a site visit at an
    enterprise registered under article 5.3 of the Agreement, and
    responsible officials of the enterprise do not consent to the
    proposed visit, the President may exclude from the customs
    territory of the United States textile and apparel goods
    produced or exported by that enterprise.
    (2) Termination of exclusion.--An exclusion of textile and
    apparel goods produced or exported by an enterprise under
    paragraph (1) shall terminate when the President determines that
    the enterprise's production of, and capability to produce, the
    goods are consistent with statements by the enterprise that
    textile or apparel goods the enterprise produces or has produced
    are originating goods or products of Singapore, as the case may
    be.

    (b) Knowing or Willful Circumvention.--
    (1) In general.--If the President finds that an enterprise
    of Singapore has knowingly or willfully engaged in
    circumvention, the President may exclude from the customs
    territory of the United States textile and apparel goods
    produced or exported by the enterprise. An exclusion under this
    paragraph may be imposed on the date beginning on the date a
    finding of knowing or willful circumvention is made and shall be
    in effect for a period not longer than the applicable period
    described in paragraph (2).
    (2) Time periods.--
    (A) First finding.--With respect to a first finding
    under paragraph (1), the applicable period is 6 months.
    (B) Second finding.--With respect to a second
    finding under paragraph (1), the applicable period is 2
    years.
    (C) Third and subsequent finding.--With respect to a
    third or subsequent finding under paragraph (1), the
    applicable period is 2 years. If, at the time of a third
    or subsequent finding, an exclusion is in effect as a
    result of a previous finding, the 2-year period
    applicable to the third or subsequent finding shall
    begin on the day after the day on which the previous
    exclusion terminates.

    (c) Certain Other Instances of Circumvention.--If the President
    consults with Singapore pursuant to article 5.8 of the Agreement, the
    consultations fail to result in a mutually satisfactory solution to the
    matters at issue, and the President presents to Singapore clear evidence
    of circumvention under the Agreement, the President may--
    (1) deny preferential tariff treatment to the goods involved
    in the circumvention; and
    (2) deny preferential tariff treatment, for a period not to
    exceed 4 years from the date on which consultations pursuant to
    article 5.8 of the Agreement conclude, to--

    [[Page 963]]

    117 STAT. 963

    (A) textile and apparel goods produced by the
    enterprise found to have engaged in the circumvention,
    including any successor of such enterprise; and
    (B) textile and apparel goods produced by any other
    entity owned or operated by a principal of the
    enterprise, if the principal also is a principal of the
    other entity.

    (d) Definitions.--In this section:
    (1) General definitions.--The terms ``circumvention'',
    ``preferential tariff treatment'', ``principal'', and ``textile
    and apparel goods'' have the meanings given such terms in
    chapter 5 of the Agreement.
    (2) Enterprise.--The term ``enterprise'' has the meaning
    given that term in article 1.2.3 of the Agreement.

    SEC. 206. [NOTE: 19 USC 3805 note.] REGULATIONS.

    The Secretary of the Treasury shall prescribe such regulations as
    may be necessary to carry out--
    (1) subsections (a) through (n) of section 202, and section
    203;
    (2) amendments made by the sections referred to in paragraph
    (1); and
    (3) proclamations issued under section 202(o).

    TITLE III--RELIEF FROM IMPORTS

    SEC. 301. [NOTE: 19 USC 3805 note.] DEFINITIONS.

    In this title:
    (1) Commission.--The term ``Commission'' means the United
    States International Trade Commission.
    (2) Singaporean article.--The term ``Singaporean article''
    means an article that qualifies as an originating good under
    section 202(a) of this Act.
    (3) Singaporean textile or apparel article.--The term
    ``Singaporean textile or apparel article'' means an article--
    (A) that is listed in the Annex to the Agreement on
    Textiles and Clothing referred to in section 101(d)(4)
    of the Uruguay Round Agreements Act (19 U.S.C.
    3511(d)(4)); and
    (B) that is a Singaporean article.

    Subtitle A--Relief From Imports Benefiting From the Agreement

    SEC. 311. [NOTE: 19 USC 3805 note.] COMMENCING OF ACTION FOR RELIEF.

    (a) Filing of Petition.--
    (1) In general.--A petition requesting action under this
    subtitle for the purpose of adjusting to the obligations of the
    United States under the Agreement may be filed with the
    Commission by an entity, including a trade association, firm,
    certified or recognized union, or group of workers, that is
    representative of an industry. [NOTE: Records.] The Commission
    shall transmit a copy of any petition filed under this
    subsection to the United States Trade Representative.
    (2) Provisional relief.--An entity filing a petition under
    this subsection may request that provisional relief be provided

    [[Page 964]]

    117 STAT. 964

    as if the petition had been filed under section 202(a) of the
    Trade Act of 1974 (19 U.S.C. 2252(a)).
    (3) Critical circumstances.--Any allegation that critical
    circumstances exist shall be included in the petition.

    (b) Investigation and Determination.--Upon the filing of a petition
    under subsection (a), the Commission, unless subsection (d) applies,
    shall promptly initiate an investigation to determine whether, as a
    result of the reduction or elimination of a duty provided for under the
    Agreement, a Singaporean article is being imported into the United
    States in such increased quantities, in absolute terms or relative to
    domestic production, and under such conditions that imports of the
    Singaporean article constitute a substantial cause of serious injury or
    threat thereof to the domestic industry producing an article that is
    like, or directly competitive with, the imported article.
    (c) Applicable Provisions.--The following provisions of section 202
    of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any
    investigation initiated under subsection (b):
    (1) Paragraphs (1)(B) and (3) of subsection (b).
    (2) Subsection (c).
    (3) Subsection (d).
    (4) Subsection (i).

    (d) Articles Exempt From Investigation.--No investigation may be
    initiated under this section with respect to any Singaporean article if,
    after the date that the Agreement enters into force, import relief has
    been provided with respect to that Singaporean article under--
    (1) this subtitle;
    (2) subtitle B;
    (3) chapter 1 of title II of the Trade Act of 1974;
    (4) article 6 of the Agreement on Textiles and Clothing
    referred to in section 101(d)(4) of the Uruguay Round Agreements
    Act (19 U.S.C. 3511(d)(4)); or
    (5) article 5 of the Agreement on Agriculture referred to in
    section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
    3511(d)(2)).

    SEC. 312. [NOTE: 19 USC 3805 note.] COMMISSION ACTION ON PETITION.

    (a) [NOTE: Deadline.] Determination.--Not later than 120 days (180
    days if critical circumstances have been alleged) after the date on
    which an investigation is initiated under section 311(b) with respect to
    a petition, the Commission shall make the determination required under
    that section.

    (b) Applicable Provisions.--For purposes of this subtitle, the
    provisions of paragraphs (1), (2), and (3) of section 330(d) of the
    Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be
    applied with respect to determinations and findings made under this
    section as if such determinations and findings were made under section
    202 of the Trade Act of 1974 (19 U.S.C. 2252).
    (c) Additional Finding and Recommendation if Determination
    Affirmative.--If the determination made by the Commission under
    subsection (a) with respect to imports of an article is affirmative, or
    if the President may consider a determination of the Commission to be an
    affirmative determination as provided for under paragraph (1) of section
    330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)), the Commission
    shall find, and recommend to the President in the report required under
    subsection (d), the

    [[Page 965]]

    117 STAT. 965

    amount of import relief that is necessary to remedy or prevent the
    injury found by the Commission in the determination and to facilitate
    the efforts of the domestic industry to make a positive adjustment to
    import competition. The import relief recommended by the Commission
    under this subsection shall be limited to the relief described in
    section 313(c). Only those members of the Commission who voted in the
    affirmative under subsection (a) are eligible to vote on the proposed
    action to remedy or prevent the injury found by the Commission. Members
    of the Commission who did not vote in the affirmative may submit, in the
    report required under subsection (d), separate views regarding what
    action, if any, should be taken to remedy or prevent the injury.
    (d) [NOTE: Deadline.] Report to President.--Not later than the
    date that is 30 days after the date on which a determination is made
    under subsection (a) with respect to an investigation, the Commission
    shall submit to the President a report that includes--
    (1) the determination made under subsection (a) and an
    explanation of the basis for the determination;
    (2) if the determination under subsection (a) is
    affirmative, any findings and recommendations for import relief
    made under subsection (c) and an explanation of the basis for
    each recommendation; and
    (3) any dissenting or separate views by members of the
    Commission regarding the determination and recommendation
    referred to in paragraphs (1) and (2).

    (e) [NOTE: Federal Register, publication.] Public Notice.--Upon
    submitting a report to the President under subsection (d), the
    Commission shall promptly make public such report (with the exception of
    information which the Commission determines to be confidential) and
    shall cause a summary thereof to be published in the Federal Register.

    SEC. 313. [NOTE: 19 USC 3805 note.] PROVISION OF RELIEF.

    (a) [NOTE: Deadline. President.] In General.--Not later than the
    date that is 30 days after the date on which the President receives the
    report of the Commission in which the Commission's determination under
    section 312(a) is affirmative, or which contains a determination under
    section 312(a) that the President considers to be affirmative under
    paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C.
    1330(d)(1)), the President, subject to subsection (b), shall provide
    relief from imports of the article that is the subject of such
    determination to the extent that the President determines necessary to
    remedy or prevent the injury found by the Commission and to facilitate
    the efforts of the domestic industry to make a positive adjustment to
    import competition.

    (b) Exception.--The President is not required to provide import
    relief under this section if the President determines that the provision
    of the import relief will not provide greater economic and social
    benefits than costs.
    (c) Nature of Relief.--
    (1) In general.--The import relief (including provisional
    relief) that the President is authorized to provide under this
    section with respect to imports of an article is as follows:
    (A) The suspension of any further reduction provided
    for under Annex 2B of the Agreement in the duty imposed
    on such article.
    (B) An increase in the rate of duty imposed on such
    article to a level that does not exceed the lesser of--

    [[Page 966]]

    117 STAT. 966

    (i) the column 1 general rate of duty imposed
    under the HTS on like articles at the time the
    import relief is provided; or
    (ii) the column 1 general rate of duty imposed
    under the HTS on like articles on the day before
    the date on which the Agreement enters into force.
    (C) In the case of a duty applied on a seasonal
    basis to such article, an increase in the rate of duty
    imposed on the article to a level that does not exceed
    the lesser of--
    (i) the column 1 general rate of duty imposed
    under the HTS on like articles for the immediately
    preceding corresponding season; or
    (ii) the column 1 general rate of duty imposed
    under the HTS on like articles on the day before
    the date on which the Agreement enters into force.
    (2) Progressive [NOTE: President.] liberalization.--If the
    period for which import relief is provided under this section is
    greater than 1 year, the President shall provide for the
    progressive liberalization (described in article 7.28 of the
    Agreement) of such relief at regular intervals during the period
    of its application.

    (d) Period of Relief.--
    (1) In general.--Subject to paragraph (2), the import relief
    that the President is authorized to provide under this section
    may not exceed 2 years.
    (2) Extension.--
    (A) In general.--Subject to subparagraph (C), the
    President, after receiving an affirmative determination
    from the Commission under subparagraph (B), may extend
    the effective period of any import relief provided under
    this section if the President determines that--
    (i) the import relief continues to be
    necessary to prevent or remedy serious injury and
    to facilitate adjustment; and
    (ii) there is evidence that the industry is
    making a positive adjustment to import
    competition.
    (B) Action by commission.--
    (i) Upon a petition on behalf of the industry
    concerned, filed with the Commission not earlier
    than the date which is 9 months, and not later
    than the date which is 6 months, before the date
    on which any action taken under subsection (a) is
    to terminate, the Commission shall conduct an
    investigation to determine whether action under
    this section continues to be necessary to remedy
    or prevent serious injury and whether there is
    evidence that the industry is making a positive
    adjustment to import competition.
    (ii) [NOTE: Notice. Federal Register,
    publication.] The Commission shall publish notice
    of the commencement of any proceeding under this
    subparagraph in the Federal Register and shall,
    within a reasonable time thereafter, hold a public
    hearing at which the Commission shall afford
    interested parties and consumers an opportunity to
    be present, to present evidence, and to respond to
    the presentations of other parties and consumers,
    and otherwise to be heard.
    (iii) [NOTE: Reports. Deadline.] The
    Commission shall transmit to the President a
    report on its investigation and determination

    [[Page 967]]

    117 STAT. 967

    under this subparagraph not later than 60 days
    before the action under subsection (a) is to
    terminate, unless the President specifies a
    different date.
    (C) Period of import relief.--The effective period
    of any import relief imposed under this section,
    including any extensions thereof, may not, in the
    aggregate, exceed 4 years.

    (e) Rate After Termination of Import Relief.--When import relief
    under this section is terminated with respect to an article, the rate of
    duty on that article shall be the rate that would have been in effect,
    but for the provision of such relief, on the date the relief terminates.
    (f) Articles Exempt From Relief.--No import relief may be provided
    under this section on any article that has been subject to import
    relief, after the entry into force of the Agreement, under--
    (1) this subtitle;
    (2) subtitle B;
    (3) chapter 1 of title II of the Trade Act of 1974;
    (4) article 6 of the Agreement on Textiles and Clothing
    referred to in section 101(d)(4) of the Uruguay Round Agreements
    Act (19 U.S.C. 3511(d)(4)); or
    (5) article 5 of the Agreement on Agriculture referred to in
    section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
    3511(d)(2)).

    SEC. 314. [NOTE: 19 USC 3805 note.] TERMINATION OF RELIEF AUTHORITY.

    (a) General Rule.--No import relief may be provided under this
    subtitle after the date that is 10 years after the date on which the
    Agreement enters into force.
    (b) Exception.--Import relief may be provided under this subtitle in
    the case of a Singaporean article after the date on which such relief
    would, but for this subsection, terminate under subsection (a), if the
    President determines that Singapore has consented to such relief.

    SEC. 315. [NOTE: 19 USC 3805 note.] COMPENSATION AUTHORITY.

    For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
    2133), any import relief provided by the President under section 313
    shall be treated as action taken under chapter 1 of title II of such
    Act.

    SEC. 316. [NOTE: 19 USC 3805 note.] CONFIDENTIAL BUSINESS INFORMATION.

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

    Subtitle B--Textile and Apparel Safeguard Measures

    SEC. 321. [NOTE: President. 19 USC 3805 note.] COMMENCEMENT OF ACTION
    FOR RELIEF.

    (a) In General.--A request under this subtitle for the purpose of
    adjusting to the obligations of the United States under the Agreement
    may be filed with the President by an interested party.

    [[Page 968]]

    117 STAT. 968

    Upon the filing of a request, the President shall review the request to
    determine, from information presented in the request, whether to
    commence consideration of the request.
    (b) [NOTE: Federal Register, publication. Notice.] Publication of
    Request.--If the President determines that the request under subsection
    (a) provides the information necessary for the request to be considered,
    the President shall cause to be published in the Federal Register a
    notice of commencement of consideration of the request, and notice
    seeking public comments regarding the request. The notice shall include
    the request and the dates by which comments and rebuttals must be
    received.

    SEC. 322. [NOTE: President. 19 USC 3805 note.] DETERMINATION AND
    PROVISION OF RELIEF.

    (a) Determination.--
    (1) In general.--Pursuant to a request made by an interested
    party, the President shall determine whether, as a result of the
    reduction or elimination of a duty under the Agreement, a
    Singaporean textile or apparel article is being imported into
    the United States in such increased quantities, in absolute
    terms or relative to the domestic market for that article, and
    under such conditions that imports of the article constitute a
    substantial cause of serious damage, or actual threat thereof,
    to a domestic industry producing an article that is like, or
    directly competitive with, the imported article.
    (2) Serious damage.--In making a determination under
    paragraph (1), the President--
    (A) shall examine the effect of increased imports on
    the domestic industry, as reflected in changes in such
    relevant economic factors as output, productivity,
    utilization of capacity, inventories, market share,
    exports, wages, employment, domestic prices, profits,
    and investment, none of which is necessarily decisive;
    and
    (B) shall not consider changes in technology or
    consumer preference as factors supporting a
    determination of serious damage or actual threat
    thereof.
    (3) Substantial cause.--For purposes of this subsection, the
    term ``substantial cause'' means a cause that is important and
    not less than any other cause.

    (b) Provision of Relief.--
    (1) In general.--If a determination under subsection (a) is
    affirmative, the President may provide relief from imports of
    the article that is the subject of such determination, as
    described in paragraph (2), to the extent that the President
    determines necessary to remedy or prevent the serious damage and
    to facilitate adjustment by the domestic industry.
    (2) Nature of relief.--The relief that the President is
    authorized to provide under this subsection with respect to
    imports of an article is--
    (A) the suspension of any further reduction provided
    for under Annex 2B of the Agreement in the duty imposed
    on the article; or
    (B) an increase in the rate of duty imposed on the
    article to a level that does not exceed the lesser of--
    (i) the column 1 general rate of duty imposed
    under the HTS on like articles at the time the
    import relief is provided; or

    [[Page 969]]

    117 STAT. 969

    (ii) the column 1 general rate of duty imposed
    under the HTS on like articles on the day before
    the date on which the Agreement enters into force.

    SEC. 323. [NOTE: 19 USC 3805 note.] PERIOD OF RELIEF.

    (a) In General.--Subject to subsection (b), the import relief that
    the President is authorized to provide under section 322 may not exceed
    2 years.
    (b) Extension.--
    (1) In general.--Subject to paragraph (2), the President may
    extend the effective period of any import relief provided under
    this subtitle if the President determines that--
    (A) the import relief continues to be necessary to
    remedy or prevent serious damage and to facilitate
    adjustment; and
    (B) there is evidence that the industry is making a
    positive adjustment to import competition.
    (2) Limitation.--The effective period of any action under
    this subtitle, including any extensions thereof, may not, in the
    aggregate, exceed 4 years.

    SEC. 324. [NOTE: 19 USC 3805 note.] ARTICLES EXEMPT FROM RELIEF.

    The President may not provide import relief under this subtitle with
    respect to any article if import relief previously has been provided
    under this subtitle with respect to that article.

    SEC. 325. [NOTE: 19 USC 3805 note.] RATE AFTER TERMINATION OF IMPORT
    RELIEF.

    When import relief under this subtitle is terminated with respect to
    an article, the rate of duty on that article shall be the rate that
    would have been in effect, but for the provision of such relief, on the
    date the relief terminates.

    SEC. 326. [NOTE: 19 USC 3805 note.] TERMINATION OF RELIEF AUTHORITY.

    No import relief may be provided under this subtitle with respect to
    an article after the date that is 10 years after the date on which the
    provisions of the Agreement relating to trade in textile and apparel
    goods take effect pursuant to article 5.10 of the Agreement.

    SEC. 327. [NOTE: 19 USC 3805 note.] COMPENSATION AUTHORITY.

    For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
    2133), any import relief provided by the President under this subtitle
    shall be treated as action taken under chapter 1 of title II of such
    Act.

    SEC. 328. [NOTE: 19 USC 3805 note.] BUSINESS CONFIDENTIAL INFORMATION.

    The President may not release information which the President
    considers to be confidential business information unless the party
    submitting the confidential business information had notice, at the time
    of submission, that such information would be released by the President,
    or such party subsequently consents to the release of the information.
    To the extent business confidential information is provided, a
    nonconfidential version of the information shall also be provided, in
    which the business confidential information is sum-
    marized or, if necessary, deleted.

    [[Page 970]]

    117 STAT. 970

    Subtitle C--Cases Under Title II of the Trade Act of 1974

    SEC. 331. [NOTE: 19 USC 3805 note.] FINDINGS AND ACTION ON GOODS FROM
    SINGAPORE.

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

    TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS

    SEC. 401. [NOTE: 19 USC 3805 note.] NONIMMIGRANT TRADERS AND
    INVESTORS.

    Upon a basis of reciprocity secured by the Agreement, an alien who
    is a national of Singapore (and any spouse or child (as defined in
    section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
    1101(b)(1))) of such alien, if accompanying or following to join the
    alien) may, if otherwise eligible for a visa and if otherwise admissible
    into the United States under the Immigration and Nationality Act (8
    U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant
    under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if
    entering solely for a purpose specified in clause (i) or (ii) of such
    section 101(a)(15)(E). For purposes of this section, the term
    ``national'' has the meaning given such term in Annex 1A of the
    Agreement.

    SEC. 402. [NOTE: 19 USC 3805 note.] NONIMMIGRANT PROFESSIONALS.

    Section 214(g)(8) of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(8)) is amended--
    (1) by amending subparagraph (A) to read as follows:

    ``(8)(A) The agreements referred to in section 101(a)(15)(H)(i)(b1)
    are--
    ``(i) the United States-Chile Free Trade Agreement; and
    ``(ii) the United States-Singapore Free Trade Agreement.'';
    and
    (2) by amending subparagraph (B)(ii) to read as follows:

    ``(ii) The annual numerical limitations described in clause (i)
    shall not exceed--
    ``(I) 1,400 for nationals of Chile (as defined in article
    14.9 of the United States-Chile Free Trade Agreement) for any
    fiscal year; and

    [[Page 971]]

    117 STAT. 971

    ``(II) 5,400 for nationals of Singapore (as defined in Annex
    1A of the United States-Singapore Free Trade Agreement) for any
    fiscal year.''.

    Approved September 3, 2003.

    LEGISLATIVE HISTORY--H.R. 2739 (S. 1417):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 108-225, Pt. 1 (Comm. on Ways and Means) and Pt. 2
    (Comm. on the Judiciary).
    SENATE REPORTS: No. 108-117 accompanying S. 1417 (jointly from Comm. on
    Finance and Comm. on the Judiciary).
    CONGRESSIONAL RECORD, Vol. 149 (2003):
    July 24, considered and passed House.
    July 31, considered and passed Senate.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Sept. 3, Presidential remarks.