< Back to H.R. 3398 (98th Congress, 1983–1984)

Text of the Omnibus Tariff and Trade Act of 1984

This bill was enacted after being signed by the President on October 30, 1984. The text of the bill below is as of Oct 30, 1984 (Passed Congress/Enrolled Bill).

98 STAT. 2948                       PUBLIC LAW 98-573—OCT. 30, 1984
                Public Law 98-573
                98th Congress
                                                        An Act
 Oct 30 1984   To amend the trade laws, authorize the negotiation of trade agreements, extend trade
       '         preferences, change the tariff treatment with respect to certain articles and for
 [H.R. 3398]     other purposes.

                   Be it enacted by the Senate and House of Representatives of the
Trade and Tariff United States of America in Congress assembled, That this Act with
Act of 1984.     the following table of contents may be cited as the "Trade and Tariff
19 use
note.    1654    Act of 1984":
                                    TITLE I—TARIFF SCHEDULES AMENDMENTS
                                        Subtitle A—Reference to Tariff Schedules
               Sec. 101. Reference.
                                   Subtitle B—Permanent Changes in Tariff Treatment
               Sec.   111.   Coated textile fabrics.
               Sec.   112.   Warp knitting machines.
               Sec.   113.   Certain gloves.
               Sec.   114.   Pet toys.
               Sec.   115.   Water chestnuts and bamboo shoots.
               Sec.   116.   Gut for use in manufacture of sterile surgical sutures.
               Sec.   117.   Orange juice products.
               Sec.   118.   Reimportation of certain articles originally imported duty free.
               Sec.   119.   Geophysical equipment.
               Sec.   120.   Scrolls or tablets used in religious observances.
               Sec.   121.   Steel pipes and tubes used in lampposts.
               Sec.   122.   Wearing apparel.
               Sec.   123.   Recently developed dairy products.
               Sec.   124.   Telecommunications product classification.
               Sec.   125.   Fresh asparagus.
               Sec.   126.   Chipper knife steel.
               Sec.   127.   Implementation of customs convention on containers, 1972.
                                 Subtitle C—Temporary Changes in Tariff Treatment
               Sec.   131. Fresh, chilled, or frozen brussels sprouts.
               Sec.   132. /3-naphthol.
               Sec.   133. 4-chloro-3-methylphenol.
               Sec.   134. Tetraamino biphenyl.
               Sec.   135. 6-amino-l-naphthol-3-sulfonic acid.
               Sec.   136. DSA.
               Sec.   137. Guanidines.
               Sec.   138. Certain antibiotics.
               Sec.   139. Acetylsulfaguanidine.
               Sec.   140. Fenridazon-potassium.
               Sec.   141. Uncompounded allyl resins.
               Sec.   142. Sulfamethazine.
               Sec.   143. Sulfaguanidine.
               Sec.   144. Terfenadine.
               Sec.   145. Sulfathizole.
               Sec.   146. Sulfaquinoxaline and sulfanilamide.
               Sec.   147. Dicyclomine hydrochloride and mepenzolate bromide.
               Sec.   148. Amiodarone.
               Sec.   149. Desipramine hydrochloride.
               Sec.   150. Clomiphene citrate.
               Sec.   151. Yttrium bearing materials and compounds.
               Sec.   152. Tartaric acid and chemicals.
               Sec.   153. Certain mixtures of magnesium chloride and magnesium nitrate.
               Sec.   154. Nicotine resin complex.

PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2949 Sec. 155. Rifampin. Sec. 156. Lactulose. Sec. 157. Iron-dextran complex. Sec. 158. Natural graphite. Sec. 159. Zinc. Sec. 160. Certain diamond tool blanks. Sec. 161. Clock radios. Sec. 162. Lace-braiding machines. Sec. 163. Certain magnetron tubes. Sec. 164. Narrow fabric looms. Sec. 165. Umbrella frames. Sec. 166. Crude feathers and down. Sec. 167. Canned corned beef. Sec. 168. Hovercraft skirts. Sec. 169. Disposable surgical drapes and sterile gowns. Sec. 170. MXDA. Sec. 171. 4,4'-Bis(a,a-dimethylbenzyl) diphenylamine. Sec. 172. Flecainide acetate. Sec. 173. Caffeine. Sec. 174. Watch crystals. Sec. 175. Unwrought lead. Sec. 176. Flat knitting machines. Sec. 177. Certain menthol feedstocks. Sec. 178. 2-methyl-4-chlorophenol. Sec. 179. Unwrought alloys of cobalt. Sec. 180. Circular knitting machines. Sec. 181. o-Benzyl-p-chlorophenol. Sec. 182. Certain benzenoid chemicals. Sec. 183. m-Toluic acid. Subtitle D—Technical Amendments Sec. 191. Technical and conforming amendments. Subtitle E—Effective Dates Sec. 195. Effective dates. TITLE II—CUSTOMS AND MISCELLANEOUS AMENDMENTS Subtitle A—Amendments to the Tariff Act of 1930 Sec. 201. Reference. Sec. 202. Drawback. Sec. 203. Public disclosure of certain manifest information. Sec. 204. Virgin Islands excursion vessels. Sec. 205. Unlawful importation or exportation of certain vehicles. Sec. 206. Increase in amount for informal entry of goods. Sec. 207. Certain country of origin marking requirements. Sec. 208. Equipments and repairs of certain vessels exempt from duties. Sec. 209. Articles returned from space. Sec. 210. Date of liquidation or reliquidation. Sec. 211. Operation of certain duty-free sales enterprises. Sec. 212. Customs brokers. Sec. 213. Seizures and forfeitures. Sec. 214. Effective dates. Subtitle B—Small Business Trade Assistance Sec. 221. E}stablishment of trade remedy assistance office in the United States International Trade Commission. Subtitle C—Miscellaneous Provisions Sec. 231. Foreign trade zone provisions. Sec. 232. Denial of deduction for certain foreign advertising expenses. Sec. 233. Certain relics and curios. Sec. 234. Modification of duties on certain articles used in civil aviation. Sec. 235. Products of Caribbean Basin countries entered in Puerto Rico. Sec. 236. User fee for customs services at certain small airports. Sec. 237. Notification of certain actions by the United States Customs Service. Sec. 238. Columbia-Snake Customs District. Sec. 239. Reliquidation of certain mass spectrometer systems. Sec. 240. Max Planck Institute for Radioastronomy. 31-194 0 86 - 19 : QL,3 Part3
98 STAT. 2950 PUBLIC LAW 98-573—OCT. 30, 1984 Sec. 241. Duty-free entry for research equipment for North Dakota State Univer- sity, Fargo, North Dakota. Sec. 242. Duty-free entry for pipe organ for the Crystal Cathedral, Garden Grove, California. Sec. 243. Duty-free entry for scientific equipment for the Ellis Fischel State Cancer Hospital, Columbia, Missouri. Sec. 244. Duty-free entry of organs imported for the use of Trinity Cathedral of Cleveland, Ohio. Sec. 245. Sense of Congress regarding possible EEC action on corn gluten. Sec. 246. Study on honey imports. Sec. 247. Copper imports. Sec. 248. Disapproval of Presidential determinations under section 203 of the Trade Act of 1974. Sec. 249. Section 201 criteria. Sec. 250. Hogs and pork products from Canada. Sec. 251. Copjnight protection of computer software. TITLE III—INTERNATIONAL TRADE AND INVESTMENT Sec. 301. Short title; amendment of Trade Act of 1974. Sec. 302. Statement of purposes. Sec. 303. Analysis of foreign trade barriers. Sec. 304. Amendments to title III of the Trade Act of 1974. Sec. 305. Negotiating objectives with respect to international trade in services and investment and high technology industries. Sec. 306. Provisions relating to international trade in services. Sec. 307. Negotiating authority with respect to foreign direct investment. Sec. 308. Negotiation of agreements concerning high technology industries. TITLE IV—TRADE WITH ISRAEL Sec. 401. Negotiation of trade agreements to reduce trade barriers. Sec. 402. Criteria for dutjr^free treatment of articles. Sec. 403. Application of certain other trade law provisions. Sec. 404. Fast track procedures for perishable articles. Sec. 405. Construction of title. TITLE V—GENERALIZED SYSTEM OF PREFERENCES RENEWAL Sec. 501. Short title; statement of purpose. Sec. 502. Consideration of a beneficiary developing country's competitiveness in extending preferences. Sec. 503. Amendments relating to the beneficiary developing country designation criteria. Sec. 504. Regulations; articles which may not be designated as eligible articles. Sec. 505. Limitations on preferential treatment. Sec. 506. Extension of the generalized system of preferences and reports. Sec. 507. Agricultural exports of beneficiary developing countries. Sec. 508. Effective date. TITLE VI—TRADE LAW REFORM Sec. 601. Reference. Sec. 602. Sales for importation. Sec. 603. Waiver of verification. Sec. 604. Termination or suspension of investigation. Sec. 605. Final determination of critical circumstances. Sec. 606. Simultaneous investigations. Sec. 607. Countervailing duties apply on country-wide basis. Sec. 608. Conditional payment of countervailing duties. Sec. 609. Initiation of antidumping duty investigations. Sec. 610. Duties of customs officers. Sec. 611. Reviews and determinations. Sec. 612. Definitions and special rules. Sec. 613. Upstream subsidies. Sec. 614. Reseller's price taken into account in determining purchase price. Sec. 615. Foreign market value. Sec. 616. Hearings. Sec. 617. Subsidies discovered during proceeding. Sec. 618. Verification of information. Sec. 619. Records of ex parte meetings; release of confidential information. Sec. 620. Sampling and averaging in determining United States price and foreign market value. Sec. 621. Interest.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2951 Sec. 622. Drawbacks. Sec. 623. Elimination of interlocutory appeals. Sec. 624. Adjustments study. Sec. 625. Industrial targeting studies. Sec. 626. Effective dates. TITLE VII—AUTHORIZATION OF APPROPRIATIONS FOR CUSTOMS AND TRADE AGENCIES Sec. 701. United States International Trade Commission. Sec. 702. United States Customs Service. Sec. 703. Office of the United States Trade Representative. TITLE VIII—ENFORCEMENT AUTHORITY FOR THE NATIONAL POLICY FOR THE STEEL INDUSTRY Sec. 801. Short title. Sec. 802. Findings and purposes. Sec. 803. Sense of Congress regarding the national policy for the steel industry. Sec. 804. Definitions. Sec. 805. Enforcement authority. Sec. 806. Effective period of title. Sec. 807. Department of Labor worker assistance plan. Sec. 808. Effective date. TITLE IX—ELIMINATION OF BARRIERS TO INTERNATIONAL TRADE IN UNITED STATES WINE Sec. 901. Short title. Sec. 902. Congressional findings and purposes. Sec. 903. Definitions. Sec. 904. Designation of major wine trading countries. Sec. 905. Actions to reduce or eliminate tariff and nontariff barriers affecting United States wine. Sec. 906. Required consultations. Sec. 907. United States wine export promotion. TITLE I—TARIFF SCHEDULES AMENDMENTS Subtitle A—Reference to Tariff Schedules SEC. 101. REFERENCE. Whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a schedule, item, headnote or other provision, the reference shall be considered to be made to a schedule, item, headnote or other provision of the Tariff Schedules of the United States (19 U.S.C. 1202). Subtitle B—Permanent Changes in Tariff Treatment SEC. 111. COATED TEXTILE FABRICS. (a) Headnote 5 of schedule 3 is amended to read as follows: "5. (a) Except as otherwise provided in subsection (b) of this headnote, for the purposes of parts 5, 6, and 7 of this schedule and parts 1 (except subpart A), 4, and 12 of schedule 7, in determining the classification of any article which is wholly or in part of a fabric coated or filled, or laminated, with nontransparent rubber or plas- tics (which fabric is provided for in part 4C of this schedule), the fabric shall be regarded not as a textile material but as being wholly of rubber or plastics to the extent that (as used in the article) the nontransparent rubber or plastics forms either the outer surface of such article or the only exposed surface of such fabric. "(b) Any fabric described in part 4C of this schedule shall be classified under part 4C whether or not also described elsewhere in the schedules.".
98 STAT. 2952 PUBLIC LAW 98-573—OCT. 30, 1984 Gb) The headnotes to subpart C of part 4 of schedule 3 are amended— (1) by striking out clause (vii) in headnote 1; and (2) by inserting "or value" after "quantities" in headnote 2(c). (c) Part 12 of schedule 7 is amended by inserting immediately after headnote 1 the following new headnote: "2. This part does not cover fabrics, coated or filled, or laminated, with rubber or plastics provided for in part 40 of schedule 3.". SEC. 112. WARP KNITTING MACHINES. (a) Subpart E of part 4 of schedule 6 is amended by striking out item 670.20 and inserting in lieu thereof the following new items with article descriptions at the same indentation level as the article description in item 670.19: 670.20 Warp knitting machines Free 40% ad val. 670.21 Other 5.6% ad val. 4.7% ad val. 40% ad val. (b) Item 912.14 of the Appendix is repealed. (cXl) The rate of duty in column numbered 1 for item 670.21 (as added by subsection (a)) shall be subject to all staged rate reductions for item 670.20 that were proclaimed by the President before the date of the enactment of this Act. (2) Whenever the rate of duty specified in column numbered 1 for such item 670.21 is reduced to the same level as the corresponding rate of duty specified in the column entitled "LDDC" for such item, or to a lower level, the rate of duty in such "LDDC" column shall be deleted. SEC. 113. CERTAIN GLOVES. Subpart C of part 1 of schedule 7 is amended— (1) by amending headnote 1— (A) by striking out "and" at the end of paragraph (a), (B) by striking out the period at the end of paragraph (b) and inserting "; and", and (C) by adding at the end thereof the following new paragraph: "(c) the term 'with fourchettes' includes only gloves which, at a minimum, have fourchettes extending from fingertip to fin- gertip between each of the four fingers."; and (2) by amending item 705.85 by striking out "textile fabric" and "or side walls". SEC. 114. PET TOYS. Subpart A of part 13 of schedule 7 is amended by inserting immediately after item 790.55 the following new item: 790.57 Toys for pets, of textile ma- terials 8.5% ad val. 80% ad val. SEC. 115. WATER CHESTNUTS AND BAMBOO SHOOTS. (a) Items 903.45, 903.50, and 903.55 are repealed. (b) Subpart A of part 8 of schedule 1 is amended as follows: (1) Item 137.84 is amended by striking out "25% ad val." in column 1 and inserting in lieu thereof "Free". (2) Item 138.40 is amended by striking out "17.5% ad val." in column 1 and inserting in lieu thereof "Free".
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2953 (c) Subpart C of part 8 of schedule 1 is amended as follows: (1) Item 141.70 is amended by striking out "7% ad val." in column 1 and inserting in lieu thereof "Free". (2) Item 141.78 is amended by striking out "8.1% ad val." in column 1, and inserting in lieu thereof "Free". SEC. 116. GUT FOR USE IN MANUFACTURE OF STERILE SURGICAL SUTURES. (a) Subpart C of part 13 of schedule 7 is amended by striking out item 792.22 and inserting in lieu thereof the following new items with the article description at the same indentation level as the article description in item 792.20: 792.24 If imported for use in the manufacture of sterile surgical sutures 5.4% ad val. 3.5% ad val. 40% ad val. 792.26 Other 11.2% ad val. 7.7% ad val. 40% ad val. G)X1) The rate of duty in column numbered 1 for item 792.24 (as added by subsection (a)) shall be subject to any staged rate reduc- tions for item 495.10 which are proclaimed by the President before the date of the enactment of this Act. (2) Whenever, after the application of paragraph (1), the rate of duty provided for item 792.24 in the column numbered 1 is not greater than the rate of duty provided for such item in the column designated "LDDC", no rate of duty shall be provided for such item in the column designated "LDDC". (c) The rate of duty in column numbered 1 for item 792.26 (as added by subsection (a)) shall be subject to the same staged rate reductions that were proclaimed by the President before the date of the enactment of this Act for item 792.22. SEC. 117. ORANGE JUICE PRODUCTS. Subpart A of part 12 of schedule 1 is amended— (1) by inserting after item 165.25 the following new items and the superior heading thereto, with such superior heading at the same indentation level as the article description "Lime" in item 165.25: Orange: 165.27 Not concentrated and not made from a juice having a degree of concentration of 1.5 or more (as deter- mined before correc- tion to the nearest 0.5 degree) 20( per gal. 70< per gal. 165.29 Other 35i per gal. 70< per gal. (2) by redesignating items 165.30 and 165.35 as items 165.32 and 165.36, respectively. SEC. 118. REIMPORTATION OF CERTAIN ARTICLES ORIGINALLY IMPORTED DUTY FREE. Item 801.00 is amended— (1) by inserting "or which were previously entered free of duty pursuant to the Caribbean Basin Economic Recovery Act or title 97 Stat. 384. V of the Trade Act of 1974" after "previous importation"; and 19 u s e 2701 note. 19 u s e 2461.
98 STAT. 2954 PUBLIC LAW 98-573—OCT. 30, 1984 (2) by striking out "lease to a foreign manufacturer" in clause (1) and inserting in lieu thereof "lease or similar use agree- ments". SEC. 119. GEOPHYSICAL EQUIPMENT. Part 1 of schedule 8 is amended by inserting in numerical se- quence the following new item with the article description at the same indentation level as "Exhibition" in item 802.10: 802.50 Rendition of geophysical or contracting services in connection with the ex- ploration for, or the ex- traction or development of, natural resources Free Free SEC. 120. SCROLLS OR TABLETS USED IN RELIGIOUS OBSERVANCES. Part 4 of schedule 8 is amended— (1) by striking out "and 854.30" in headnote 1 and inserting in lieu thereof "854.30, and 854.40"; and (2) by inserting in numerical sequence the following: 854.40 Scrolls or tablets of wood or paper, commonly known as Gohonzon, imported for use in public or pri- vate religious observ- ances, whether or not any of the foregoing is imported for the use of a religious institution Free Free SEC. 121. STEEL PIPES AND TUBES USED IN LAMPPOSTS. (a) Subpart F of part 3 of schedule 6 is amended by inserting after item 653.37 the following new item with the same indentation as "Of brass" in item 653.37: 653.38 Tapered steel pipes and tubes chiefly used as parts of illuminating arti- cles 11.9% ad val. 7.6% ad val. 45% ad val. Ot)Xl) Notwithstemding any other provision of law, any reduction authorized imder section 101 of the Trade Act of 1974 (19 U.S.C. 2111) in the rate of duty provided in any rate column for item 653.39 which takes effect after the date of enactment of this Act shall apply to the rate of duty provided in the corresponding column for item 653.38. (2) Whenever, after the application of paragraph (1), the rate of duty provided for item 653.38 in the column numbered 1 is not greater than the rate of duty provided for such item in the column designated "LDDC", no rate of duty shall be provided for such item in the column designated "LDDC". SEC. 122. WEARING APPAREL. The headnotes for part 6 of schedule 3 are amended by adding at the end thereof the following new headnote: "(3Xa) Except as provided inflt>)of this headnote, each garment is to be separately classified under the appropriate tariff item, even if
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2955 2 or more garments are imported together and designed to be sold together at retail. "(b) The provisions of paragraph (a) of this headnote shall not apply to— "(i) suits, "(ii) pajamas and other nightwear, "(iii) playsuits, washsuits, and similar apparel, "(iv) judo, karate, and other oriental martial arts uniforms, "(v) swimwear, and "(vi) infants' sets designed for children who are not over 2 years of age.". SEC. 123. RECENTLY DEVELOPED DAIRY PRODUCTS. (a) Subpart D of part 4 of schedule 1 is amended— (1) by adding at the end thereof the following new items with the same indentation as "Malted milk" in item 118.30: 118.35 Whey protein concentrate 10% ad val. 20% ad val. 118.40 Lactalbumin Free Free 118.45 Milk protein concentrate.. 0.20 per lb. 5.50 per lb. and (2) by inserting after the title of such subpart the following: "Subpart D headnote: " 1 . For purposes of item 118.45, the term 'milk protein concentrate' means any complete milk protein (casein plus albumin) concentrate that is 40 percent or more protein by weight.". (b) The superior heading for item 493.12 of the Tariff Schedules of the United States is amended by inserting "(other than a product described in item 118.45)" after "value thereof. SEC. 124. TELECOMMUNICATIONS PRODUCT CLASSIFICATION. (a) The Schedules are amended as follows: (1) Part 5 of schedule 6 is amended— (A) by inserting after headnote 5 the following new head- note: "6. For purposes of the tariff schedules, the term 'entertainment broadcast band receivers' means those radio receivers designed principally to receive signals in the AM (550-1650 kHz) and FM (88- 108 mHz) entertainment broadcast bands, whether or not capable of receiving signals on other bands (e.g., aviation, television, marine, public safety, industrial, and citizens band).", (B) by striking out items 684.62 through 684.64 and insert- ing, in numerical sequence and subordinate to the superior heading to item 684.62, the following new items: Telephonic apparatus and instruments and parts thereof: 684.57 Telephone switching ap- paratus (including pri- vate branch exchange and key system switch- ing apparatus), and parts and components thereof 8.5% ad val. 35% ad val. 684.58 Telephone sets and other terminal equipment and parts thereof 8.5% ad val. 35% ad val.
98 STAT. 2956 PUBLIC LAW 98-573—OCT. 30, 1984 684.59 Other 8.5% ad val. 35% ad val. 684.63 If Canadian article and original motor vehicle equipment (see head- note 2, part 6B, sched- ule 6) Free Other- 684.65 Switching apparatus and parts thereof 5.6% ad val. 4.7% ad val. 35% ad val. 684.66 Terminal apparatus (in- cluding teleprinting and teletypewriting machines) and parts thereof. 5.6% ad val. 4.7% ad val. 35% ad val. 684.67 Other 5.6% ad val. 4.7% ad val. 35% ad val. (C) by inserting, in numerical sequence, the following new item: 684.80 Communications satellites (however provided for in this part) and parts thereof. Free Free (D) by redesignating 685.10, 685.11, 685.13, 685.14, 685.15, 685.16, 685.17, 685.18, 685.20, 685.22, 685.33, 685.34, and 685.36 as 684.90, 684.92, 684.94, 684.96, 684.98, 685.00, 685.02, 685.04, 685.06, 685.08, 685.36, 685.37, and 685.38 respectively. (E) by striking out items 685.23 through 685.31, including the superior headings thereto, and inserting in lieu thereof the following new items: Other: 685.10 Radio receivers, other than solid-state (tube- less) 6 % ad val. 3 5 % ad val. Jolid-state (tubeless) radio receivers: 685.12 Designed for motor-ve- hicle installation 8.9% ad val. 8 % ad val. 3 5 % ad val. Other: 685.14 Entertainment broad- cast band receivers. 7.7% ad val. % ad val. 3 5 % ad val. 685.16 Other 7.7% ad val. % ad val. 3 5 % ad val. Transceivers: Citizens band: 686.18 Hand-held 6 % ad val. 3 5 % ad val. 685.20 Other 6 % ad val. 3 5 % ad val. 685.22 Low-power radiotele- phonic transceivers operating on frequen- cies from 49.82 to 49.90 mHz 3.8% ad val. 2.4% ad val. 3 5 % ad val. 685.24 Other transceivers 6 % ad val. 3 5 % ad val. Other transmission ap- paratus incorporating reception apparatus: 685.25 Cordless handset tele- phones 6 % ad val. 3 5 % ad val. 685.28 Other 6 % ad val. 3 5 % ad val. Other: 685.30 Transmitters 6 % ad val. 3 5 % ad val. 685.32 Other, including parts... 6 % ad val. 3 5 % ad val.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2957 685.34 Radiotelegraphic and radio-telepnoiiic trans- mission and reception apparatus, and radio- broadcasting transmis- sion and reception ap- paratus, if certified for use in civil aircraft (see headnote 3, part 6C, schedule 6) Free (F) by inserting, in numerical sequence and at the same hierarchical level as the article description for item 685.40, the following new item: 685.39 Telephone answering ma- chines, and parts there- of 4.5% ad val. 3.9% ad val. 35% ad val. (G) by striking out the article description for item 685.40 and inserting in lieu thereof the following: "Tape recorders and dictation recording and transcribing machines (other than telephone answering machines), and parts thereof, (H) by striking out item 685.50 and inserting in lieu thereof the following: Other 685.48 Articles designed for con- nection to telegraphic or telephonic apparatus or instruments or to tel^raphic or telephon- ic networks 5.9% ad val. 4.9% ad val. 35% ad val. 685.49 Other 5.9% ad val. 4.9% ad val. 35% ad val. (I) by striking out item 688.15 and inserting, in numerical sequence and subordinate to the superior heading to item 688.10, the following new items: Other: 688.17 With modular telephone 5.8% ad val. 5.3% ad val. 35% ad val. 688.18 Other 5.8% ad val. 5.3% ad val. 35% eid val. (J) by redesignating item 688.16 as item 688.19, with the article description therefor subordinate to the article de- scription for item 688.18 (as added by subparagraph (I)), and (K) by striking out item 688.43 and inserting, in numeri- cal sequence and subordinate to the superior heading to item 688.34, the following new items: Other: 688.41 Articles designed for con- nection to telegraphic or telephonic apparatus or instruments or to telegraphic or telephon- ic networks 4.5% ad val. 3.9% ad val. 35% ad val. 688.42 Other 4.5% ad val. 3.9% ad val. 35% ad val. (2) Subpart A of part 2 of schedule 7 is amended— (A) by inserting in numerical sequence the following new item:
98 STAT. 2958 PUBLIC LAW 98-573—OCT. 30, 1984 707.90 Optical fibers, whether or not in bundles, cables or otherwise put up, with or without connectors and whether mounted or not mounted 13.1% ad val. 8.4% ad val. 65% ad val. and (B) by redesignating items 708.09 and 708.29 as 708.10 and 708.80, respectively. (3) Subpart A of part 3 of schedule 8 is amended by striking out the superior her-ding to item 837.00 and inserting in lieu thereof the following: "Articles for the National Aeronautics and Space Administration and articles (other than communica- tions satellites and parts thereof) imported to be launched into space under launch services agreements with the National Aeronautics and Space Administration:". (4) Subpart B of part 3 of schedule 8 is amended by striking out the superior heading to item 842.10 and inserting in lieu thereof the following: "Upon the request of the Department of State, articles (other than communications satellites and parts thereof) which are the property of a foreign government or of a public international organization:". (b)(1) The rate of duty in column numbered 1 of the Schedules (as added or redesignated by subsection (a)) for each item set forth below in the column headed "A" in the table under paragraph (3) shall be subject to all staged rate reductions for the corresponding item set forth below in the column headed " B " in such table which were proclaimed by the President before the date of the enactment of this Act. (2) Whenever the rate of duty specified in column numbered 1 of the Schedules for each item set forth below in the column headed "A" in the table under paragraph (3) is reduced to the same level, or to a lower level, as the corresponding rate of duty specified in the column entitled "LDDC" of the Schedules for such item, the rate of duty in such "LDDC" column shall be deleted. (3) The table referred to in paragraphs (1) and (2) is as follows: (A) (B) 684.65 684.64 684.66 684.64 684.67 684.64 684.90 685.10 684.94 685.13 685.00 685.16 685.04 685.18 685.06 685.20 685.08 685.22 685.12 685.23 685.14 685.24 685.16 685.24 685.22 685.26 685.36 685.33 685.37 685.34 685.38 685.36 685.39 685.40 685.48 685.50 685.49 685.50 688.17 688.15 688.18 688.15 688.41 688.43 688.42 688.43 707.90 708.29 708.10 708.09 708.30 708.29
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2959 (c) Subsection (a) of section 322 of the Tariff Act of 1930 (19 U.S.C. 1322(a)) is amended by adding at the end thereof the following new sentence: "The authority delegated to the Secretary by this subsec- tion shall not extend to communications satellites and components and parts thereof.". SEC. 125. FRESH ASPARAGUS. Subpart A of part 8 of schedule 1 is amended by adding before the superior heading to items 135.10 through 135.17 (and at equivalent indentation with such heading and items) the following new items: Asparagus: 135.03 If fresh or chilled; en- tered during the period from Septem- ber 15 to November 15, inclusive, in any year; and transported to the United States by air 5% ad val. 50% ad val. 135.05 Other 25% ad val. 50% ad val. SEC. 126. CHIPPER KNIFE STEEL. Effective with respect to articles entered, or withdrawn from warehouse for consumption— (3) Paragraphs (1) and (2) of section 126 of the bill are amended to read as follows: (1) on or after April 1,1985— (A) item 606.93 is amended by striking out "8.3% ad val. + additional duties (see headnote 4)" and inserting in lieu thereof "2% ad val.", (B) such item 606.93 is further amended by striking out "6% ad val. + additional duties (see headnote 4)" in the LDDC column, and (C) item 911.29 of the Appendix is repealed; and (2) on or after April 1, 1986, item 606.93 is amended bv striking out "2% ad val." and inserting in lieu thereof "Free . SEC. 127. IMPLEMENTATION OF CUSTOMS CONVENTION ON CONTAINERS, 1972. (a) Subpart C of part 1 of schedule 8 is amended— (1) by amending headnote 1 to such subpart by inserting ", accessories and equipment" immediately before the period at the end thereof; and (2) by amending the article description for item 808,00 by striking out ", and repair components" and all that follows thereafter and inserting in lieu thereof ", repair components for containers of foreign production which are instruments of inter- national traffic, and accessories and equipment for such con- tainers, whether the accessories and equipment are imported with a container to be reexported separately or with another container, or imported separately to be reexported with a container.". (b) Subsection (a) of section 322 of the Tariff Act of 1930 (19 U.S.C. 1322(a)) is amended by striking out "granted the customary excep- Supra. tions" and inserting in lieu thereof "excepted".
98 STAT. 2960 PUBLIC LAW 98-573—OCT. 30, 1984 Subtitle C—Temporary Changes in Tariff Treatment SEC. 131. FRESH, CHILLED, OR FROZEN BRUSSELS SPROUTS. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new items: 903.29 Brussels sprouts, fresh, chilled, or frozen, but not reduced in size and not otherwise prepared or preserved (provided for in Item 137.71, part 8A, schedule 1) 12.5% ad val. No change On or before 12/31/87 903.33 Brussels sprouts, fresh, chilled, or frozen, and cut, sliced or otherwise reduced in size, but not otherwise prepared or preserved (provided for in Item 138.46, part 8A, schedule 1) 7% ad val. No change On or before 12/31/87 SEC. 132. /3-NAPHTHOL. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.31 /3-Naphthol (provided for in item 403.29, part IB, schedule 4) Free No change On or before 12/31/87 SEC. 133. 4-CHLORO-3-METHYLPHENOL. Item 907.08 of the Appendix is amended by striking out "6/30/84" and inserting in lieu thereof "12/31/87". SEC. 134. TETRAAMINO BIPHENYL. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.32 (pi vided for in item 404.90, part IC, schedule 4) Free No change On or before 12/31/88 SEC. 135. 6-AMINO-1-NAPHTHOL-3-SULFONIC ACID. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.34 6-Amino-l-naphthol-3- sulfonic acid (provided for in item 405.00, part IB, schedule 4) Free No change On or before 12/31/87 SEC. 136. DSA. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item:
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2961 907.35 2-(4-Aminophenyl)-6- methylbenzo-thiazole-7- sulfonic acid (provided for in item 406.39, part IB, schedule 4) i Free No change On or before 12/31/87 SEC. 137. GUANIDINES. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 906.50 Diphenyl guanidine and di- o-tolyl guanidine (provid- ed for in item 405.52, part IB, schedule 4) Free No change On or before 12/31/87 SEC. 138. CERTAIN ANTIBIOTICS. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 906.51 (6R,7R>-7-[(R)-2-Amino-2- phenylacetamido>3- methyl-8-oxo-54hia-l- azabicyclo(4.2.0]octr2«ne- 2-carboxybc acid disol- vate (provided for in item 406.42, part IB, schedule 4) Free No change On or before 12/31/87 SEC. 139. ACETYLSULFAGUANIDINE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.33 Acebrlsulfaguanidine (pro- vided for in item 406.56, part IB, schedule 4) Free No change On or before 12/31/87 SEC. 140. FENRIDAZON-POTASSIUM. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.41 Mixtures of potassiimi Mp- chlorophenyl)-l,4-dihydro- 6-methyl-4-oxopyridazine- 3-caifooxylate ('fenrida- zon-potassium') and for- mulation adjuvants (pro- vided for in item 408.38, part IC, schedule 4) Free No change On or before 12/31/87 SEC. 141. UNCOMPOUNDED ALLYL RESINS. Item 907.16 of the Appendix is amended by striking out "9/30/84" and inserting in lieu thereof "12/31/87".
98 STAT. 2962 PUBLIC LAW 98-573—OCT. 30, 1984 SEC. 142. SULFAMETHAZINE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.36 Sulfamethazine (provided for in item 411.24, part IC, schedule 4) Free Free O n or before 12/31/87 SEC. 143. SULFAGUANIDINE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.37 Sulfaguanidine (provided for in item 411.27, peut IC, schedule 4) Free Free On or before 12/31/87 SEC. 144. TERFENADINE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.25 Terfenadine (provided for in item 411.58, part IC, schedule 4) Free No change On or before 12/31/87 SEC. 145. SULFATHIAZOLE. (a) Item 907.19 is amended to read as follows: 907.19 Sulfathiazole (provided for in item 411.80, part IC, schedule 4) Free Free On or before 12/31/87 (h) Section 136 0)) and (c) of the Act entitled "An Act to reduce certain duties, to suspend temporarily certain duties, to extend certain existing suspensions of duties, and for other purposes" (ap- 96 Stat. 2341. proved January 12,1983; Public Law 97-446) is repealed. SEC. 146. SULFAQUINOXALINE AND SULFANILAMIDE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.38 Sulfaquinoxedine and sulfa- nilamide (provided for in item 411.87, part IC, schedule 4) Free Free On or before 12/31/87 SEC. 147. DICYCLOMINE HYDROCHLORIDE AND MEPENZOLATE BROMIDE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item:
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2963 906.53 Dicyclomine hydrochloride and mepenzolate bromide (provided for in item 412.02, part IC, schedule 4) Free No change On or before 12/31/87 SEC. 148. AMIODARONE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following: 907.18 Amiodarone (provided for in item 412.12, part IC, schedule 4) Free No change On or before 12/31/87 SEC. 149. DESIPRAMINE HYDROCHLORIDE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 906.54 Desipramine hydrochloride (provided for in item 412.35, part IC, schedule 4) Free No change On or before 12/31/87 SEC. 150. CLOMIPHENE CITRATE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.42 Clomiphene citrate (provid- ed for in item 412.50, part IC, schedule 4) Free No change On or before 12/31/87 SEC. 151. YTTRIUM BEARING MATERIALS AND COMPOUNDS. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.51 Yttrium bearing materials and compounds contain- ing by weight more than 19% but less than 85% yttrium oxide equivalent (provided for in items 423.00 or 423.96, part 2C, schedule 4, or item 603.70, part 1, schedule 6).. Free No change On or before 12/31/88 SEC. 152. TARTARIC ACID AND CHEMICALS. Items 907.65, 907.66, 907.68, and 907.69 of the Appendix are each amended by striking out "6/30/84" and inserting in lieu thereof "12/31/88". SEC. 153. CERTAIN MIXTURES OF MAGNESIUM CHLORIDE AND MAGNE- SIUM NITRATE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item:
98 STAT. 2964 PUBLIC LAW 98-573—OCT. 30, 1984 906.52 Mixtures of 5^:hloro-2- methyl-4-i8othiazolia-^ one, 2-methyl-4-isothiazo- lin-S-one, magnesium chloride, and magnesium nitrate (provided for in item 432.25, part 2E. schedule 4) Free No change On or before 12/31/87 SEC. 154. NICOTINE RESIN COMPLEX. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.63 Nicotine resin complex (provided for in item ^ . 1 3 , part 3B, schedule 4) Free No change On or before 12/31/87 SEC. 155. RIFAMPIN. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 906.99 Rifampin (provided for in item 437.32, part 3B, schedule 4) Free No change On or before 12/31/87 SEC. 156. LACTULOSE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.76 Lactulose ^mmded for in item 439.50, part 3C, schedule 4) Free No change On or before 12/31/87 SEC. 157. IRON-DEXTRAN COMPLEX. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.79 Iron-dextran complex (pro- vided for in item 44().00, part 3C, schedule 4) Free No change On or before 12/31/87 SEC. 158. NATURAL GRAPHITE. Item 909.01 of the Appendix is amended by striking out "12/31/ 84" and inserting in lieu thereof "12/31/87". SEC. 159. ZINC. Items 911.00, 911.01, 911.02, and 911.03 of the Appendix are each amended by striking out "6/30/84" and inserting in lieu thereof "12/31/89".
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2965 SEC. 160. CERTAIN DIAMOND TOOL BLANKS. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 910.00 Tool blanks and drill blanks, wholly or in chief value of industrial dia- monds (provided for in item 520.21, part IH, or item 523.91, part IK, schedule 5) Free 30% ad val. On or before 12/31/87 SEC. 161. CLOCK RADIOS. Item 911.95 of the Appendix is amended by striking out "9/30/84" and inserting in lieu thereof "12/31/86". SEC. 162. LACE-BRAIDING MACHINES. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 912.11 Decorative lace-braiding machines using the jac- quard system, and parts thereof (provided for in items 670.25 and 670.74, part 4E, schedule 6) Free No change On or before 12/31/87 SEC. 163. CERTAIN MAGNETRON TUBES. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 912.02 Magnetron tubes with an operating frequency of 2.450 GHz and a mini- mum power of at least 300 watts and a maxi- mum pxjwer not greater than 2000 watts (provided for in item 684.28, part 5, schedule 6) Free No change On or before 12/31/86 SEC. 164. NARROW FABRIC LOOMS. (a) Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 912.04 Power driven weaving ma- chines for weaving fabrics not over 12 inches in width (provided for in item 670.14, part 4E, schedule 6) Free No change On or before 12/31/87 (h) Subpart E of part 4 of schedule 6 is amended by adding the following new headnote:
98 STAT. 2966 PUBLIC LAW 98-573—OCT. 30, 1984 "Subpart E headnote: 1. ^or purposes of ap- plying item 670.74 to parts of articles provided for under item 912.04, any such inrt that is en- tered, or withdrawn from warehouse for consump- tion, during the effective period of item 912.04 shall be dutiable at the rate that would apply if that item had not Men enacted.". SEC. 165. UMBRELLA FRAMES. Subpart B of part 1 of the Appendix is amended by inserting in numerical order the following new item: 912.45 Frames for hand-held um- brellas chiefly used for protection against rain (provided for in item 751.20, part 8B, schedule 7) Free No change On or before 12/31/86 SEC. 166. CRUDE FEATHERS AND DOWN. Items 903.70 and 903.80 of the Appendix are each amended by striking out "On or before 6/30/84" and inserting in lieu thereof "On or before 12/31/87". SEC. 167. CANNED CORNED BEEF. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 903.15 Corned beef in airtight con- tainers (provided for in item 107.48, part 2B, schedule 1) 3% ad val. No change On or before 12/31/89 SEC. 168. HOVERCRAFT SKIRTS. Item 905.40 of the Appendix is amended— (1) by striking out "manmade" and inserting in lieu thereof "man-made", and (2) by striking out "6/30/83" and inserting in lieu thereof "12/31/87". SEC. 169. DISPOSABLE SURGICAL DRAPES AND STERILE GOWNS. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item:
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2967 905.50 Bonded fiber fabric dispos- able gowns, sterilized or in immediate packings ready for sterilization, for use in performing surgi- cal procedures, of man- made fibers (provided for in items 379.96 and 383.92, part 6F, schedule 3) and bonded fiber fabric disposable surgical drapes, of manmade fibers (provided for in item 389.62, part 7B, schedule 3) 5.6% ad val. 26.5% ad val. On or before 12/31/88 SEC. 170. MXDA. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new items: 907.03 m-Xylenediamine (provided for in item 404.88, part IB, schedule 4) Free No change On or before 1,3-Bis[aminomethyl] 12/31/87 907.04 cyclohexane (provided for in item 407.05, part IB, schedule 4) Free No change On or before 12/31/87 SEC. 171.4,4-BIS(a,a-DIMETHYLBENZYL) DIPHENYLAMINE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following item: 907.06 4,4'-Bis(a,a-dimethyl- benzjrl) diphenylamine (provided for in item 404.88, part IB, schedule 4) Free No change On or before 12/31/87 SEC. 172. FLECAINIDE ACETATE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.21 Flecainide acetate (provided for in item 412.12, part IC, schedule 4) Free No change On or before 12/31/87 SEC. 173. CAFFEINE. Item 907.22 of the Appendix is amended— (1) by striking out "6% ad val." and inserting in lieu thereof "4.1% ad val."; and (2) by striking out "12/31/83" and inserting in lieu thereof "12/31/87". SEC. 174. WATCH CRYSTALS. (a) Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item:
98 STAT. 2968 PUBLIC LAW 98-573—OCT. 30, 1984 Rates of Duty 1 LDDC 2 909.40 Watch glasses other than round watch glasses (provided for in item 547.13, part 3C, schedule 5) 5.9% ad 4.9% ad No On or val. val. change before 12/31/ 87 (b) Effective with respect to articles provided for in item 909,40 (as added by subsection (a)) that are entered, or withdrawn from ware- house for consumption, on or after each of the dates set forth below, column 1 for such item is amended by striking out the rate of duty in effect on the day before such date and inserting in lieu thereof the rate of duty appearing below next to each such date: Date: Rate of duty: January 1,1985 5.6% ad val. January 1,1986 5.2% ad val. SEC. 175. UNWROUGHT LEAD. (a) Item 911.50 of the Appendix is amended by striking out "6/30/83" and inserting in lieu thereof "12/31/88". 94 Stat. 3557. (b) Section 114 of Public Law 96-609 is amended by striking out "July 1,1983" in subsection 0)) and inserting in lieu thereof "Janu- ary 1,1989". SEC. 176. FLAT KNITTING MACHINES. Item 912.13 of the Appendix is amended— (1) by striking out "(provided for in item 670.19 or 670.20," and inserting in lieu thereof ", and parts thereof (provided for in items 670.19, 670.20, and 670.74,"; and (2) by striking out "6/30/83" and inserting in lieu thereof "12/31/88". SEC. 177. CERTAIN MENTHOL FEEDSTOCKS. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.13 Mixtures containing not less than 90 percent by weight of stereoisomers of 2-isopropyl-5-methyl- cyclohexanol, but contain- ing not more than 30 per- cent by weight of any one such stereoisomer (provid- ed for in item 407.16, part IB, schedule 4) Free No change On or before 12/31/87 SEC. 178.2-METHYL-4-CHLOROPHENOL. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 906.97 2-Methyl-4-chlorophenol (provided for in item 403.56, part IB, schedule 4) Free No change On or before 12/31/87
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2969 SEC. 179. UNWROUGHT ALLOYS OF COBALT. Item 911.90 of the Appendix is amended by striking out "6/30/83" and inserting in lieu thereof "12/31/87". SEC. 180. CIRCULAR KNITTING MACHINES. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item with a superior heading that has the same indentation as "Powerdriven" in item 912.13: 912.17 Cylinder, double cylinder, and dial knitting ma- chines and parts thereof, all the foregoing designed for sweater strip or gar- ment length knitting (provided for in items 670.17 and 670.74, part 4E, schedule 6) Free No change On or before 12/31/89 SEC. 181. o-BENZYL-p-CHLOROPHENOL. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.23 o-Benzyl-pKjhlorophenol (provided for in item 408.16, part IC, schedule 4) Free No change On or before 12/31/87 SEC. 182. CERTAIN BENZENOID CHEMICALS. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new items: 906.30 3,5,6-Trichlorosalicylic acid (provided for in item 404.46, part IB, schedule 4) Free Free On or before 12/31/87 906.32 m-Aminophenol (provided for in item 404.92, part IB, schedule 4) Free Free On or before p-Acetamidobenzenesulfo- 12/31/87 906.38 nyl chloride (N-Acetylsul- fanilyl chloride) (provided for in item 405.33, part IB, schedule 4) Free Free On or before 12/31/87 SEC. 183. m-TOLUIC ACID. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 906.57 m-Toluic acid (provided for in item 404.28, part IB, schedule 4) Free No change On or before 12/31/87
98 STAT. 2970 PUBLIC LAW 98-573—OCT. 30, 1984 Subtitle D—Technical Amendments SEC. 191. TECHNICAL AND CONFORMING AMENDMENTS. (a) The schedules are further amended as follows: 19 use 1202. (1) Headnote 9(a) of the general headnotes is amended by striking out "warehouse, for consmnption" and inserting in lieu thereof "warehouse for consumption,". (2) The superior heading to items 346.05 and 346.10 and the superior heading to items 346.15 through 346.24 are each amended by striking out "Fabric" and inserting in lieu thereof "Fabrics". (3) The article description for item 535.13 is amended by aligning the indentation of that description with that of the article description for item 535.12. (4) Headnote l(ii) to subpart D of part 6 of schedule 6 is amended by striking out "5(e)" and inserting in lieu thereof "5(g)". (5) Item 642.34 is amended by striking out "12% ad val." and inserting in lieu thereof "10% ad val.". (6) Headnote 6 to subpart E of part 2 of schedule 7 is amended— (A) by striking out "through (h)" in paragraph (a) and inserting in lieu thereof "through (ij)"; (B) by striking out "paragraph (c)" in paragraph (b) and inserting in lieu thereof "paragraph (d)"; (C) by striking out "paragraph (d)" in subparagraph (d)(ii)(I) and inserting in lieu thereof "paragraph (e)"; and (D) by redesignating paragraph (i) as paragraph (ij). (7) Item 737.73 is amended by inserting a conmia immediately after "ware". (8) The article description for each of items 745.41 and 745.42 is amended by aligning the indentation of that description with that of the article description for item 745.34. (9) The article description for each of items 870.50, 870.55, and 870.60 is amended by aligning the indentation of that descrip- tion with that of the article description for item 870.25. (b) The Appendix is amended as follows: (1) The article description for item 903.25 is amended to read as follows: "Culled carrots, fresh or chilled, in immediate con- tainers each holding more than 100 poimds (provided for in item 135.42, part 8A, schedule 1), if entered for consumption during the period from August 15 in any year to the 15th day of the following February, inclusive". (2) Item 906.10 is amended by striking out "386.09" and inserting in lieu thereof "386.13". (3) The article description for item 906.12 is amended— (A) by aligning the indentation of that description with that of the article description for item 906.10; and (B) by inserting ", part 6F," after "383.50". (4) The article description for item 907.00 is amended to read as follows: "p-Hydroxybenzoic acid (provided for in item 404.42, part IB, schedule 4)". (5) The article description for item 907.01 is amended to read as follows: "Triphenyl phosphate (provided for in item 409.34, part IC, schedule 4)".
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2971 (6) The article description for item 907.14 is amended to read as follows: "Mixtures of 3-ethylbiphenyl (m-ethylbiphenyl) and 4-ethylbiphenyl (p-ethylbiphenyl) (provided for in item 407.16, part IB, schedule 4)". (7) The article description for item 907.15 is amended to read as follows: "l,l-Bis(4-chlorophenyl)-2,2,2-trichloroethanol (Dico- fol) (provided for in item 408.28, part IC, schedule 4)". (8) Item 912.30 is amended by striking out "737.21,". (c) The Educational, Scientific, and Cultural Materials Importa- tion Act of 1982 (Public Law 97-446,19 U.S.C. 1202 note) is amended as follows: (1) Section 162 is amended by inserting a comma after "Archi- tectural" in the article description for item 273.52 (as set forth in paragraph (2) of such section). (2) Section 163(c) is amended— (A) by striking out "headnote 2 as headnote 1," in para- graph (1) and inserting in lieu thereof "headnotes 2 and 3 as headnotes 1 and 2, respectively,"; and (B) by striking out "models) and wall charts of an educa- tional, scientific or cultural character," and inserting in lieu thereof "models), globes, and wall charts of an educa- tional, scientific or cultural character;" in the article description for item 870.35 (as set forth in paragraph (3) of such section). (3) Section 165 is amended— (A) by redesignating items 870.50, 870.55, and 870.60 (as set forth in subsection (b)(1) of such section) as items 870.65, 870.66, and 870.67, respectively; (B) by aligning the indentation of the article description of item 870.67 (as redesignated by paragraph (1)) with the indentation of "Articles for the blind:" immediately preced- ing items 870.65 and 870.66 (as so redesignated); (C) by amending headnote 2 of part 7 of schedule 8 (as set forth in subsection (b)(2) of such section)— (i) by redesignating it as headnote 3; and (ii) by striking out "870.50, 870.55, and 870.60—" and inserting in lieu thereof "870.65, 870.66, and 870.67—". (d) Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is amended— (1) by striking out ", his consignee, or agent" in subsection (a) and inserting in lieu thereof "of record"; (2) by striking out ", his consignee, or agent" and ", consignee, or his agent" in subsection Ot)) and inserting in lieu thereof "of record"; (3) by striking out "or consignee" each place it appears in subsection (c) and inserting in lieu thereof "of record"; and (4) by striking out ", his consignee, or agent" in subsection (d) and inserting in lieu thereof "of record". (e) Headnote 3(a)(i) of the general headnotes and rules of interpre- 19 USC 1202. tation is amended by striking out "of schedule 7, part 2, subpart E, and except as provided in headnote 4 of schedule 7, part 7, subpart A" and inserting in lieu thereof "of subpart E of part 2 of schedule 7, and except as provided in headnote 3 of subpart A of part 7 of schedule 7".
98 STAT. 2972 PUBLIC LAW 98-573—OCT. 30, 1984 Subtitle E—Effective Dates SEC. 195. EFFECTIVE DATES. 19 u s e 1322 (a) Except a s provided in section 126 a n d in subsections (b) a n d (c), ^ot®- the amendments made by subtitles B, C, and D shall apply with respect to articles entered on or after the 15th day after the date of the enactment of this Act. 19 use 1322 (b)(1) The amendment made by sections 117 and 124 shall apply note. with respect to articles entered on or after January 1,1985. (2) The amendments made by section 127 shall apply with respect to articles entered on or after a date to be proclaimed by the President which shall be consonant with the entering into force for 29 UST 3707. the United States of the Customs Convention on Containers, 1972. 19 use 1514. (c)(1) Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the customs officer concerned on or before the 90th day after the date of the enactment of this Act the entry of any article described in para- graph (2) shall be treated as provided in such paragraph. (2)(A) In the case of the application of any amendment made by section 133, 141, 145, 152, 159, 161, 166, 168, 173, 175, 176, or 191 (a) or (b) to any entry— (i) which was made after the applicable date and before the 15th day after the date of the enactment of this Act; and (ii) with respect to which there would have been no duty or a lesser duty if the amendment made by such section applied to such entry; such entry shall be liquidated or reliquidated as though such entry had been made on the 15th day after the date of the enactment of this Act. (B) For purposes of subparagraph (A), the term "applicable date" means— (i) in the case of section 191 (a) or (b), January 12, 1983, (ii) in the case of sections 168, 175, and 176, June 30, 1983, (iii) in the case of section 173, December 31,1983, (iv) in the case of sections 133, 152, 159, and 166, June 30, 1984, (v) in the case of section 145, January 1,1984, and (vi) in the case of sections 141 and 161, September 30, 1984. (C) In the case of the application of any amendment made by section 140 or 153 to any entry— (1) that was made before the 15th day after the date of the enactment of this Act; (2) that was unliquidated, or the liquidation of which was not final, on such 15th day; and (3) with respect to which there would have been no duty if the amendment made by such section applied to such entry; such entry shall be liquidated as though the entry had been made on such 15th day. 19 use 1322 (d) For purposes of this section— ^°^- (1) The term "entered" means entered, or withdrawn from warehouse for consumption in the customs territory of the United States. (2) The term "entry" includes any withdrawal from ware- house.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2973 TITLE II—CUSTOMS AND MISCELLANEOUS AMENDMENTS Subtitle A—Amendments to the Tariff Act of 1930 SEC. 201. REFERENCE. Elxcept as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a title, subtitle, part, section, or other provision, the reference shall be considered to be made to a title, subtitle, part, section, or other provision of the Tariff Act of 1930 (19 U.S.C. 1202 et seq.). SEC. 202. DRAWBACK. Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended— (1) by amending subsection (j)— (A) by redesignating paragraph (2) as paragraph (4), and (B) by inserting after paragraph (1) the following new paragraphs: "(3) 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 domes- tic) that— "(A) is fungible with such imported merchandise; "(B) is, before the close of the three-year period beginning on the date of importation of the imported merchandise, either exported or destroyed under Customs supervision; "(C) before such exportation or destruction— "(i) is not used within the United States, and "(ii) is in the possession of the party claiming drawback under this paragraph; and "(D) is in the same condition at the time of exportation or destruction as was the imported merchandise at the time of its importation; 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. "(4) Packaging material that is imported for use in packaging or repackaging imported merchandise to which paragraph (1) applies shall be eligible under the same conditions provided in such para- graph for refund, as drawback, of 99 per centum of any duty, tax, or fee imposed under Federal law on the importation of such mate- rial."; and (2) by redesi^ating subsections (k) and (1) as subsections (1) and (m), respectively; and (3) by inserting after subsection (j) the following new subsec- tion: "(k) For purposes of subsections (a) and (b), the use of any domestic merchandise acquired in exchange for imported merchandise of the same kind and quality shall be treated as the use of such imported merchandise if no certificate of delivery is issued with respect to such imported merchandise.".
98 STAT. 2974 PUBLIC LAW 98-573—OCT. 30, 1984 SEC. 203. PUBLIC DISCLOSURE OF CERTAIN MANIFEST INFORMATION. Section 431 (19 U.S.C. 1431) is amended— (1) by striking out the period at the end of the paragraph designated as "Third" in subsection (a) and inserting in lieu thereof "; and the names of the shippers of such merchandise."; and (2) by adding at the end thereof the following new subsection: Public "(c)(1) Except as provided in subparagraph (2), the following infor- availability. mation, when contained in such manifest, shall be available for public disclosure: "(A) The name and address of each importer or consignee and the name and address of the shipper to such importer or consignee, unless the importer or consignee has made a biennial certification, in accordance with procedures adopted by the Secretary of the Treasury, claiming confidential treatment of such information. "(B) The general character of the cargo. "(C) The number of packages and gross weight. "(D) The name of the vessel or carrier. "(E) The port of loading. "(F) The port of discharge. "(G) The country or origin of the shipment. "(2) The information listed in paragraph (1) shall not be available for public disclosure if— "(A) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or "(B) the information is exempt under the provisions of section 552(b)(1) of title 5 of the United States Code. "(3) The Secretary of the Treasury, in order to allow for the timely dissemination and publication of the information listed in para- graph (1), shall establish procedures to provide access to manifests. Such procedures shall include provisions for adequate protection against the public disclosure of information not available for public disclosure from such manifests.". SEC. 204. VIRGIN ISLANDS EXCURSION VESSELS. Section 441(3) (19 U.S.C. 1441(3)) is amended to read as follows: "(3) Vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, and licensed yachts or undocumented American pleasure vessels not engaged in trade: Provided, That such vessels do not in any way violate the customs or navigation laws of the United States and have not visited any hovering vessel: Provided further. That the master of any such vessel which has on board any article required by law to be entered shall be required to report such article to the appropriate customs officer within twenty-four hours after arrival.". SEC. 205. UNLAWFUL IMPORTATION OR EXPORTATION OF CERTAIN VEHICLES. Part V of title IV (19 U.S.C. 1581 et seq.) is amended by adding at the end thereof the following new section: 19 u s e 1627a. "SEC. 627. UNLAWFUL IMPORTATION OR EXPORTATION OF CERTAIN VEHI- CLES; INSPECTIONS. "(a)(1) Whoever knowingly imports, exports, or attempts to import or export—
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2975 "(A) Any stolen self-propelled vehicle, vessel, aircraft, or part of a self-propelled vehicle, vessel, or aircraft; or "(B) any self-propelled vehicle or part of a self-propelled vehicle from which the identification number has been removed, obliterated, tampered with, or altered; shall be subject to a civil penalty in an amount determined by the Secretary, not to exceed $10,000 for each violation. "(2) Any violation of this subsection shall make such self-propelled vehicle, vessel, aircraft, or part thereof subject to seizure and forfeit- ure under this Act. "(h) A person attempting to export a used self-propelled vehicle shall present, pursuant to regulations prescribed by the Secretary, to the appropriate customs officer both the vehicle and a document describing such vehicle which includes the vehicle identification number, before lading if the vehicle is to be transported by vessel or aircraft, or before export if the vehicle is to be transported by rail, highway, or under its own power. Failure to comply with the regulations of the Secretary shall subject such person to a civil penalty of not more than $500 for each violation. "(c) For purposes of this section— "(1) the term 'self-propelled vehicle' includes any automobile, truck, tractor, bus, motorcycle, motor home, self-propelled agri- cultural machinery, self-propelled construction equipment, self- propelled special use equipment, and any other self-propelled vehicle used or designed for running on land but not on rail; "(2) the term 'aircraft' has the meaning given it in section 101(5) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(5)); 49 use app. "(3) the term 'used' refers to any self-propelled vehicle the l^oi. equitable or legal title to which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser; and "(4) the term 'ultimate purchaser' means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases a self-propelled vehicle for purposes other than resale. "(d) Customs officers may cooperate and exchange information concerning motor vehicles, off-highway mobile equipment, vessels, or aircraft, either before exportation or after exportation or impor- tation, with such Federal, State, local, and foreign law enforcement or governmental authorities, and with such organizations engaged in theft prevention activities, as may be designated by the Secretary.". SEC. 206. INCREASE IN AMOUNT FOR INFORMAL ENTRY OF GOODS. Paragraph (1) of section 498 (19 U.S.C. 1498(1)) is amended— (1) by striking out "$250" and inserting in lieu thereof "$1,250"; and (2) by inserting before the semicolon at the end thereof: ", except that this paragraph does not apply to articles valued in excess of $250 classified in— "(A) schedule 3 "(B) parts 1, 4A, 7B, 12A, 12D, and 13B of schedule 7, and "(C) parts 2 and 3 of the Appendix, of the Tariff Schedules of the United States, or to any other article for which formal entry is required without regard to value.".
98 STAT. 2976 PUBLIC LAW 98-573—OCT. 30, 1984 SEC. 207. CERTAIN COUNTRY OF ORIGIN MARKING REQUIREMENTS. Section 304 (19 U.S.C. 1304) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (f), (g), and (h), respectively; (2) by inserting immediately £ifter subsection (b) the following new subsections: "(c) MARKING OF CERTAIN PIPE AND FITTINGS.—No exception may be made under subsection (aX3) with respect to pipes of iron, steel, or stainless steel, to pipe fittings of steel, stainless steel, chrome-moly steel, or cast and malleable iron each of which shall be marked with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, or engraving. "(d) MARKING OF COMPRESSED GAS CYLINDERS.—NO exception may be made under subsection (aX3) with respect to compressed g£is cylinders designed to be used for the transport and storage of compressed gases whether or not certified prior to exportation to have been made in accordance vsrith the safety requirements of sections 178.36 through 178.68 of title 49, Code of Federal Regula- tions, each of which shall be marked with the English name of the country of origin by means of die stamping, molding, etching, raised lettering, or 2ui equally permanent method of marking. "(e) MARKING OF CERTAIN MANHOLE RINGS OR FRAMES, COVERS, AND ASSEMBLIES THEREOF.—No exception may be made under sub- section (aX3) with respect to manhole rings or frames, covers, and assemblies thereof each of which shall be marked on the top surface with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, or engraving."; and (3) by striking out "subsection (c)" in subsection (g) (as so redesignated) and inserting in lieu thereof "subsection (f)". SEC. 208. EQUIPMENTS AND REPAIRS OF CERTAIN VESSELS EXEMPT FROM DUTIES. Section 466(e) (19 U.S.C. 1466(e)) is amended to read as follows: "(eXD In the case of any vessel referred to in subsection (a) that arrives in a port of the United States two years or more after its last departure from a port in the United States, the duties imposed by t h ^ section shall apply only with respect to— "(A) fish nets and netting, and "(B) other equipments and parts thereof, repair parts and materials purchased, or repairs made, during the first six months after the last departure of such vessel from a port of the United States. "(2) If such vessel is designed and used primarily for transporting passengers or property, paragraph (1) shall not apply if the vessel departed from the United States for the sole purpose of obtaining such equipments, parts, materials, or repairs.". SEC. 209. ARTICLES RETURNED FROM SPACE. (a) Part m of title IV (19 U.S.C. 1481 et seq.) is amended by adding the following new section: 19 u s e 1484a. "SEC. 484a. ARTICLES RETURNED FROM SPACE NOT TO BE CONSTRUED AS IMPORTATION. "The return of articles from space shall not be considered an importation, and an entry of such articles shall not be required, if: "(1) such articles were previously launched into space from the customs territory of the United States aboard a spacecraft
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2977 operated by, or under the control of, United States persons and owned— "(A) wholly by United States persons, or "(B) in substantial part by United States persons, or "(C) by the United States; "(2) such articles were maintained or utilized while in space solely on board such spacecraft or aboard another spacecraft which meets the requirements of paragraph (1) (A) through (C) of this section; and "(3) such articles were returned to the customs territory directly from space aboard such spacecraft or aboard another spacecraft which meets the requirements of paragraph (1) (A) through (C) of this section; without regard to whether such articles have been advanced in value or improved in condition by any process of manufacture or other means while in space.". (b) Headnote 5 of the general headnotes of the Tariff Schedules of 19 use 1202. the United States (19 U.S.C. 1202) is amended— (A) by striking out "media; and" in subdivision (e) and insert- ing in lieu thereof "media,"; (B) by adding after subdivision (e) the following new sub- division: "(f) articles returned from space within the purview of section 484a of the Tariff Act of 1930; and"; and Ante, p. 2976. (C) by redesignating subdivision (f) £is subdivision (g). SEC. 210. DATE OF LIQUIDATION OR RELIQUIDATION. (a) Section 505 of the Tariff Act of 1930 (19 U.S.C. 1505) is amended by adding at the end thereof the following new subsection: "(c) Duties determined to be due upon liquidation or reliquidation shall be due 15 days after the date of that liquidation or reliquida- tion, and unless payment of the duties is received by the appropriate customs officer within 30 days after that date, shall be considered delinquent and bear interest from the 15th day after the date of liquidation or reliquidation at a rate determined by the Secretary of the Treasury.". (b) Section 520 of the Tariff Act of 1930 (19 U.S.C. 1520) is amended by adding at the end thereof the following new subsection: "(d) If a determination is made to reliquidate an entry as a result of a protest filed under section 514 of this Act or an application for relief made under subsection (c)(1) of this section, or if reliquidation is ordered by an appropriate court, interest shall be allowed on any amount paid as increased or additional duties under section 505(c) of this Act at the annual rate established pursuant to that section and determined as of the 15th day after the date of liquidation or reliquidation. The interest shall be calculated from the date of payment to the date of (1) the refund, or (2) the filing of a summons under section 2632 of title 28, United States Code, whichever occurs first.". SEC. 211. OPERATION OF CERTAIN DUTY-FREE SALES ENTERPRISES. Section 555 of the Tariff Act of 1930 (19 U.S.C. 1555) is amended— (1) by striking out "Buildings" in the first sentence thereof and inserting in lieu thereof "(a) Subject to subsection Ot>), buildings"; and (2) by inserting at the end thereof the following:
98 STAT. 2978 PUBLIC LAW 98-573—OCT. 30, 1984 "(b) If a State or local governmental authority, incident to its jurisdiction over any airport, seaport, or other exit point facility, requires that a concession or other form of approval be obtained from that authority with respect to the operation of a duty-free sales enterprise under which merchandise is delivered to such facility for exportation, merchandise incident to such operation may not be withdrawn from a bonded warehouse and transferred to such facility unless the operator of the duty-free sales enterprise demon- strates to the Secretary of the Treasury that the concession or approval required for the enterprise has been obtained. For pur- poses of this subsection, the term 'duty-free sales enterprise' means an entity that sells, in less than wholesale quantities, duty-free or tax-free merchandise that is delivered from a bonded warehouse to an airport, seaport, or point of exit from the United States for exportation by, or on behalf of, individuals departing from the United States.". SEC. 212. CUSTOMS BROKERS. (a) Section 641 (19 U.S.C. 1641) is amended to read as follows: "SEC. 641. CUSTOMS BROKERS. "(a) DEFINITIONS.—As used in this section: "(1) The term 'customs broker' means any person granted a customs broker's license by the Secretary under subsection (b). "(2) The term 'customs business' means those activities in- volving transactions with the Customs Service concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges as- sessed or collected by the Customs Service upon merchandise by reason of its importation, or the refund, rebate, or drawback thereof. "(8) The term 'Secretary' means the Secretary of the Treasury. "(b) CUSTOM BROKER'S LICENSES.— "(1) IN GENERAL.—No person may conduct customs business (other than solely on behalf of that person) unless that person holds a valid customs broker's license issued by the Secretary under paragraph (2) or (3). "(2) LICENSES FOR INDIVIDUALS.—The Secretary may grant an individual a customs broker's license only if that individual is a citizen of the United States. Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral char- acter and qualified to render valuable service to others in the conduct of customs business. In assessing the qualifications of an applicant, the Secretary may conduct an examination to determine the applicant's knowledge of customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters. "(3) LICENSES FOR CORPORATIONS, ETC.—The Secretary may grant a customs broker's license to any corporation, association, or partnership that is organized or existing under the laws of any of the several States of the United States if at least one officer of the corporation or association, or one member of the partnership, holds a valid customs broker's license granted under paragraph (2).
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2979 "(4) DUTIES.—A customs broker shall exercise responsible supervision and control over the customs business that it conducts. "(5) LAPSE OF LiCENSE.^The failure of a customs broker that is licensed as a corporation, association, or partnership under paragraph (3) to have, for any continuous period of 120 days, at least one officer of the corporation or association, or at least one member of the partnership, validly licensed under paragraph (2) shedl, in addition to causing the broker to be subject to any other sanction under this section (including paragraph (6)), result in the revocation by operation of law of its license. "(6) PROHIBITED ACTS.—Any person who intentionally trans- acts customs business, other than solely on the behalf of that person, without holding a valid customs broker's license granted to that person under this subsection shall be liable to the United States for a monetary penalty not to exceed $10,000 for each such transaction as well as for each violation of any other provision of this section. This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in subsection (d)(2XA). '(c) CUSTOMS BROKER'S PERMITS.— "(1) IN GENERAL.—Each person granted a customs broker's license under subsection (b) shall— "(A) be issued a permit, in accordance with regulations prescribed under this section, for each customs district in which that person conducts customs business; and "(B) except as provided in paragraph (2), regularly employ in each customs district for which a permit is so issued at least one individual who is licensed under subsec- tion (bX2) to exercise responsible supervision and control over the customs business conducted by that person in that district. "(2) EXCEPTION.—If a person granted a customs broker's license under subsection (b) can demonstrate to the satisfaction of the Secretary that— "(A) he regularly employs in the region in which that district is located at least one individual who is licensed under subsection (bX2), and "(B) that sufficient procedures exist within the company for the person employed in that region to exercise responsi- ble supervision and control over the customs business con- ducted by that person in that district, the Secretary may waive the requirement in paragraph (IXB). "(3) LAPSE OF PERMIT.—The failure of a customs broker granted a permit under paragraph (1) to employ, for any contin- uous period of 180 days, at least one individual who is licensed under subsection (bX2) within the district or region (if para- graph (2) applies) for which a permit was issued shall, in addition to causing the broker to be subject to any other sanc- tion under this section (including any in subsection (d)), result in the revocation by operation of law of the permit. *(d) DisciPUNARY PROCEEDINGS.— "(1) GENERAL RULE.—The Secretary may impose a monetary penalty in all cases with the exception of the infractions described in clause (iii) of subparagraph (B) of this subsection, or revoke or suspend a license or permit of any customs broker, if it is shown that the broker—
98 STAT. 2980 PUBLIC LAW 98-573—OCT. 30, 1984 "(A) has made or caused to be made in any application for any license or permit under this section, or report filed with the Customs Service, any statement which was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to state in any such application or report any material fact which was required to be stated therein; "(B) has been convicted at any time after the filing of an application for license under subsection (b) of any felony or misdemeanor which the Secretary finds— "(i) involved the importation or exportation of merchandise; "(ii) arose out of the conduct of its customs business; or "(iii) involved larceny, theft, robbery, extortion, for- gery, counterfeiting, fraudulent concealment, embezzle- ment, fraudulent conversion, or misappropriation of funds; "(C) has violated any provision of any law enforced by the Customs Service or the rules or regulations issued under any such provision; "(D) has counseled, commanded, induced, procured, or knowingly aided or abetted the violations by any other person of any provision of any law enforced by the Customs Service, or the rules or regulations issued under any such provision; "(E) has knowingly employed, or continues to employ, any person who has been convicted of a felony, without written approval of such employment from the Secretary; or "(F) has, in the course of its customs business, with intent to defraud, in any manner willfully and knowingly deceived, misled or threatened any client or prospective client. "(2) PROCEDURES.— "(A) MONETARY PENALTY.—Unless action has been teiken under subparagraph (B), the appropriate customs officer shall serve notice in writing upon any customs broker to show cause why the broker should not be subject to a monetary penalty not to exceed $30,000 in total for a violation or violations of this section. The notice shall advise the customs broker of the allegations or complaints against him and shall explain that the broker has a right to respond to the allegations or complaints in writing within 30 days of the date of the notice. Before imposing a mone- tary penalty, the customs officer shall consider the allega- tions or complaints and any timely response made by the customs broker and issue a written decision. A customs broker against whom a monetary penalty has been issued under this section shall have a reasonable opportunity 19 use 1618. under section 618 to make representations seeking remis- sion or mitigation of the monetary penalty. Following the conclusion of any proceeding under section 618, the appro- priate customs officer shall provide to the customs broker a written statement which sets forth the final determination and the findings of fact and conclusions of law on which such determination is based.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2981 "(B) REVOCATION OR SUSPENSION.—The appropriate cus- toms officer 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 appropriate customs officer determines that the revocation or suspension is still warranted, he shall notify the customs broker in writing of a hearing to be held within 15 days, or at a later date if the broker requests an extension and shows good cause there- for, 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 appropriate customs officer and the customs broker; they shall thereafter be provided reasonable opportunity to file a post-hearing brief. Follow- ing the conclusion of the hearing, the hearing officer shall transmit promptly the record of the hearing along with his 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 findings of fact and the reasons for his 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, than was contained in the notice to show cause. "(3) SETTLEMENT AND COMPROMISE.—The Secretary may settle and compromise any disciplinary proceeding which has been instituted under this subsection according to the terms and conditions agreed to by the parties, including but not limited to the reduction of any proposed suspension or revocation to a monetary penalty. "(4) LIMITATION OF ACTIONS.—Notwithstanding section 621, no 19 use 1621. proceeding under this subsection or subsection (bX6) shall be commenced unless such proceeding is instituted by the appro- priate service of written notice within 5 years from the date the alleged violation was committed; except that if the alleged violation consists of fraud, the 5-year period of limitation shall commence running from the time such alleged violation was discovered. *(e) JUDICIAL APPEAL.— "(1) I N GENERAL.—A customs broker, applicant, or other person directly affected may appeal any decision of the Secre- tary denying or revoking a license or permit under subsection (b) or (c), or revoking or suspending a license or permit or imposing a monetary penalty in lieu thereof under subsection 31-194 0 - 86 - 20 : QL.3 P a r t 3
98 STAT. 2982 PUBLIC LAW 98-573—OCT. 30, 1984 (dK2XB), by filing in the Court of International Trade, within 60 days after the issuance of the decision or order, a written petition requesting that the decision or order be modified or set aside in whole or in part. A copy of the petition shall be transmitted promptly by the clerk of the court to the Secretary or his designee. In cases involving revocation or suspension of a license or permit or imposition of a monetary penalty in lieu thereof under subsection (dX2XB), after receipt of the petition, the Secretary shall file in court the record upon which the decision or order complained of was entered, as provided in section 2635(d) of title 28, United States Code. "(2) CONSIDERATION OF OBJECTIONS.—The court shall not con- sider any objection to the decision or order of the Secretary, or to the introduction of evidence or testimony, unless that objec- tion was raised before the hearing officer in suspension or revocation proceedings unless there were reasonable grounds for failure to do so. "(3) CONCLUSIVENESS OF FINDINGS.—The findings of the Secre- tary as to the facts, if supported by substantial evidence, shall be conclusive. "(4) ADDITIONAL EVIDENCE.—If any party applies to the court for leave to present additional evidence and the court is satis- fied that the additional evidence is material and that reasonable grounds existed for the failure to present the evidence in the proceedings before the hearing officer, the court may order the additional evidence to be taken before the hearing officer and to be presented in a manner and upon the terms and conditions prescribed by the court. The Secretary may modify the findings of facts on the basis of the additional evidence presented. The Secretary shall then file with the court any new or modified findings of fact which shall be conclusive if supported by sub- stantial evidence, together with a recommendation, if any, for the modification or setting aside of the original decision or order. "(5) EFFECT OF PROCEEDINGS.—The commencement of proceed- ings under this subsection shall, unless specifically ordered by the court, operate as a stay of the decision of the Secretary except in the case of a denial of a license or permit. "(6) FAILURE TO APPEAL.—If an appeal is not filed within the time limits specified in this section, the decision by the Secre- tary shall be final and conclusive. In the case of a monetary penalty imposed under subsection (dX2XB) of this section, if the amount is not tendered within 60 days after the decision be- comes final, the license shall automatically be suspended until payment is made to the Customs Service. "(f) REGULATIONS BY THE SECRETARY.—The Secretary may pre- scribe such rules and regulations relating to the customs business of customs brokers as the Secretary considers necessary to protect importers and the revenue of the United States, and to carry out the provisions of this section, including rules and regulations governing the licensing of or issuance of permits to customs brokers, the keeping of books, accounts, and records by customs brokers, and documents and correspondence, and the furnishing by customs bro- kers of any other information relating to their customs business to any duly accredited officer or employee of the United States Cus- toms Service. "(g) TRIENNIAL REPORTS BY CUSTOMS BROKERS.—
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2983 "(1) IN GENERAL.—On February 1, 1985, and on February 1 of each third year thereafter, each person who is licensed under subsection (b) shall file with the Secretary of the Treasury a report as to— "(A) whether such person is actively engaged in business as a customs broker; and "(B) the name under, and the address at, which such business is being transacted. "(2) SUSPENSION AND REVOCATION.—If a person licensed under subsection G)) fails to file the required report by March 1 of the reporting year, the license is suspended, and may be thereafter revoked subject to the following procedures: "(A) The Secretary shall transmit written notice of sus- pension to the licensee no later than March 31 of the reporting year. "(B) If the licensee files the required report within 60 days of receipt of the Secretary's notice, the license shall be reinstated. "(C) In the event the required report is not filed within the 60-day period, the license shall be revoked without prejudice to the filing of an application for a new license. "(h) FEES AND CHARGES.—The Secretary may prescribe reasonable fees and charges to defray the costs of the Customs Service in carrying out the provisions of this section, including, but not limited to, a fee for licenses issued under subsection (b) and fees for any test administered by him or under his direction; except that no separate fees shall be imposed to defray the costs of an individual audit or of individual disciplinary proceedings of any nature.". (b) Title 28, United States Code, is amended as follows: (1) Section 1581(g) is amended to read as follows: "(g) The Court of International Trade shall have exclusive juris- diction of any civil action commenced to review— "(1) any decision of the Secretary of the Treasury to deny a customs broker's license under section 641(b) (2) or (3) or (c) of the Tariff Act of 1930, or to deny a customs broker's permit under section 641(c)(1) of such Act, or to revoke a license or Ante, p. 2978. permit under section 641(b)(5) or (c)(2) of such Act; and "(2) any decision of the Secretary of the Treasury to revoke or suspend a customs broker's license or permit, or impose a monetary penalty in lieu thereof, under section 641(d)(2)(B) of the Tariff Act of 1930.". (2) Section 1582(1) is amended to read as follows: "(1) to recover a civil penalty under section 592, 641(a)(1)(C), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;". 19 USC 1592, (3) Section 2631(g) is amended to read as follows: 1641^ 1671, 1673c. "(g)(1) A civil action to review any decision of the Secretary of the Treasury to deny a customs broker's license under section 641(b) (2) or (3) of the Tariff Act of 1930, or to deny a customs broker's permit under section 641(c)(1) of such Act, or to revoke such license or permit under section 641(b)(5) or (c)(2) of such Act, may be com- menced in the Court of International Trade by the person whose license or permit was denied or revoked. "(2) A civil action to review any decision of the Secretary of the Treasury to revoke or suspend a customs broker's license or permit or impose a monetary penalty in lieu thereof under section 641(d)(2)(B) of the Tariff Act of 1930 may be commenced in the Court
98 STAT. 2984 PUBLIC LAW 98-573—OCT. 30, 1984 of International Trade by the person against whom the decision was issued.". 28 use 2636. (4) Section 2636(h) is amended to read as follows: "(h) A civil action contesting the denial or revocation by the Secretary of the Treasury of a customs broker's license or permit Ante, p. 2978. Under subsection (b) or (c) of section 641 of the Tariff Act of 1930, or the revocation or suspension of such license or permit or the imposi- tion of a monetary penalty in lieu thereof by such Secretary under section 641(d) of such Act, is barred unless commenced in accordance with the rules of the Court of International Trade within sixty days after the date of the entry of the decision or order of such Secretary.". (5) Section 2640(aX5) is amended to read as follows: "(5) Civil actions commenced to review any decision of the Secre- tary of the Treasury under section 641 of the Tariff Act of 1930, with the exception of decisions under section 641(d)(2)(B), which shall be governed by subdivision (d) of this section.". (6) Section 2643 is amended by adding the following new subsection: "(e) In any proceeding involving assessment or collection of a monetary penalty under section 641(b)(6) or 641(dX2)(A) of the Tariff Act of 1930, the court may not render judgment in an amount greater than that sought in the initial pleading of the United States, and may render judgment in such lesser amount as shall seem proper and just to the court.". (7) The Tariff Act of 1930 is further amended— 19 use 1564. (A) by adding the following sentence at the end of section 564: "The provisions of this section shall apply to licensed customs brokers who otherwise possess a lien for the pur- poses stated above upon the merchandise under the statutes or common law, or by order of any court of competent jurisdiction, of any State."; and (B) by adding the following at the end of section 520(a): 19 u s e 1520. "(4) PRIOR TO UQUIDATION.—Prior to the liquidation of an entry, whenever it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid by reason of clerical error.". SEC. 213. SEIZURES AND FORFEITURES. (a) The Tariff Act of 1930 is amended as follows: (1) Section 602 (19 U.S.C. 1602) is amended by inserting "aircraft," after "vehicle,". (2) The sentence beginning "All vessels," in section 605 (19 U.S.C. 1605) is amended by inserting "aircraft," after "vehi- cles," the first place is appears. (3) Section 606 (19 U.S.C. 1606) is amended by inserting "aircraft" after "vehicle ". (4) Section 607 (19 U.S.C. 1607) is amended to read as follows: "SEC. 607. SEIZURE; VALUE $100,000 OR LESS, PROHIBITED MERCHANDISE, TRANSPORTING CONVEYANCES. "(a)If- "(1) the value of such seized vessel, vehicle, aircraft, merchan- dise, or baggage does not exceed $100,000; "(2) such seized merchandise is merchandise the importation of which is prohibited; or
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2985 "(3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any controlled substance; the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with infor- mation on the applicable procedures shall be sent to each party who appears to have an interest in the seized article. (b) As used in this section, the term 'controlled substance' has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).". (5) Section 608 (19 U.S.C. 1608) is amended— (A) in the sentence beginning "Any person", by inserting "aircraft," after "vehicle,"; and (B) in the sentence beginning "Upon the filing", by insert- ing after "penal sum o f the following: "$2,500 or 10 per- cent of the value of the claimed property, whichever is lower, but not less than". (6) Section 609 (19 U.S.C. 1609) is amended— (A) by striking out "If no" and inserting in lieu thereof "(a) If no"; (B) by inserting "aircraft," after "vehicle,"; (C) by inserting after "according to law, and" the follow- ing: "(except as provided in subsection (b) of this section)"; and (D) by adding at the end the following new subsection: "(b) During the period beginning on the date of the enactment of this subsection and ending on September 30, 1987, the appropriate customs officer shall deposit the proceeds of sale (after deducting such expenses) in the Customs Forfeiture Fund.". (7) Section 610 (19 U.S.C. 1610) is amended— (A) by striking out "VALUE MORE THAN $10,000" in the section heading and inserting in lieu thereof "JUDI- CIAL FORFEITURE PROCEEDINGS"; and (B) by striking out "If the value of any vessel, vehicle, merchandise, or baggage so seized is greater than $10,000," and inserting in lieu thereof "If any vessel, vehicle, aircraft, merchguidise, or baggage is not subject to section 607 of this Act". (8) Section 611 (19 U.S.C. 1611) is amended by inserting "aircraft," after "vehicle," each place it appears. (9) Section 612 (19 U.S.C. 1612) is amended— (A) by inserting "aircraft," after "vehicle," each place it appears; (B) in the sentence beginning "Whenever it appears"— (i) by striking out "Whenever" and inserting in lieu thereof "(a) Whenever"; (ii) by striking out "the value of; and (iii) by striking out "as determined under section 606 of this Act, does not exceed $10,000" and inserting in lieu thereof "is subject to section 607 of this Act"; (C) in the sentence beginning "If such value"— (i) by striking out "such value of; and (ii) by striking out "exceeds $10,000" and inserting in lieu thereof "is not subject to section 607 of this Act,"; and
98 STAT. 2986 PUBLIC LAW 98-573—OCT. 30, 1984 (D) by adding at the end the following new subsection: "(b) If the expense of keeping the vessel, vehicle, aircraft, mer- chandise, or baggage is disproportionate to the value thereof, and such value is less than $1,000, such officer may proceed forthwith to order destruction or other appropriate disposition of such propertv, under regulations prescribed by the Secretary of the Treasury. . (10) Section 613 (19 U.S.C. 1613) is amended— (A) by inserting "aircraft," after "vehicle," in the sen- tence beginning "Except as" in subsection (a); (B) by striking out "with the Treasurer of the United States as a customs or navigation fine" and inserting in lieu thereof "in the general fund of the Treasury of the United States" in paragraph (3) of the sentence beginning "If no" in subsection (a); and (C) by amending subsection (b) by inserting after "and (2) of this section" the following: "or subsection (a)(1), (a)(3), or Infra. (a)(4) of section 613A of this Act". (11) Part V of title IV (19 U.S.C. 1581 et seq.) is amended by adding after section 613 the following new section: 19 u s e 1613b. "SEC. 613A. CUSTOMS FORFEITURE FUND. "(a) There is established in the Treasury of the United States a fund to be known as the Customs Forfeiture Fund (hereinafter in this section referred to as the 'fund'), which shall be available to the United States Customs Service, subject to appropriation, during the period beginning on the date of the enactment of this section and ending on September 30, 1987. The fund shall be available with respect to seizures and forfeitures by the United States Customs Service under any law enforced or administered by it for payment (to the extent that such payment is not reimbursed under section 19 use 1524. 524 of this Act)— "(1) of all proper expenses of the seizure or the proceedings of forfeiture and sale (not otherwise recovered under section 19 use 1613. 613(a)), including, but not limited to, expenses of inventory, security, maintaining the custody of the property, advertising and sale, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court; "(2) of awards of compensation to informers under section 619 19 use 1619. of this Act; "(3) for satisfaction of— "(A) liens for freight, charges, and contributions in gen- eral average, notice of which has been filed with the appro- priate customs officer according to law; and "(B) other liens against forfeited property; "(4) of amounts authorized by law with respect to remission and mitigation; "(5) for equipping for law enforcement functions of forfeited vessels, vehicles, and aircraft retained as provided by law for official use by the United States Customs Service; and "(6) of claims of parties in interest to property disposed of Ante, p. 2985. under section 612(b) of this Act, in the amounts applicable to such claims at the time of seizure. In addition to the purposes described in paragraphs (1) through (6), the fund shall be available for purchases by the United States Customs Service of evidence of (A) smuggling of controlled sub- stances, and (B) violations of the currency and foreign transaction 31 use 5301 reporting requirements of chapter 53 of title 31, United States Code, et seq.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2987 if there is a substantial probability that the violations of these requirements are related to the smuggling of controlled substances. "(bXD Payment under paragraphs (3) and (4) of subsection (a) of this section shall not exceed the value of the property at the time of the seizure. "(2) Amounts under subsection (a) of this section shall be avail- able, at the discretion of the Commissioner of Customs, to reimburse the applicable appropriation for expenses incurred by the Coast Guard for a purpose specified in such subsection. "(c) There shall be deposited in the fund during the period begin- ning on the date of the enactment of this section, and ending on September 30, 1987, all proceeds from forfeiture under any law enforced or administered by the United States Customs Service (after reimbursement of expenses under section 524 of this Act) and 19 USC 1524. all earnings on amounts invested under subsection (d) of this section. "(d) Amounts in the fund which are not currently needed for the Securities. purposes of this section shall be invested in obligations of, or guar- anteed by, the United States. "(e) Not later than four months after the end of each fiscal year, Report. the (llommissioner of Customs shall transmit to the (ingress a report on receipts and disbursements with respect to the fund for such year. "(fKl) There are authorized to be appropriated from the fund for Appropriation each of the four fiscal years beginning with fiscal year 1984, not authorization. more than $10,000,000. "(2) At the end of each of the first three of such four fiscal years, any amount in the fund in excess of $10,000,000 shall be deposited in the general fund of the Treasury. At the end of the last of such four fiscal years, any amount in the fund shall be deposited in the generad fund of the Treasury, and the fund shall cease to exist.". (12) Section 614 (19 U.S.C. 1614) is amended by inserting "aircraft," after "vehicle," each place it appears. (13) Section 615 (19 U.S.C. 1615) is amended— (A) in the matter before the proviso, by inserting "air- craft," after "vehicle," each place it appears; and (B) in paragraph (1) of the proviso, by striking out "vessel or vehicle" and inserting in lieu thereof "vessel, vehicle, or (14) Part V of title IV (19 U.S.C. 1581 et seq.), as amended by paragraph (11), is further amended by adding after section 615 the following new section: "SEC. 616. TRANSFER OF FORFEITED PROPERTY. 19 USC 1616a. "(a) The Secretary of the Treasury may discontinue forfeiture proceedings under this Act in favor of forfeiture under State law. If a complaint for forfeiture is filed under this Act, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law. "(b) If forfeiture proceedings are discontinued or dismissed under this section— "(1) the United States may transfer the seized property to the appropriate State or local official; and "(2) notice of the discontinuance or dismissal shall be pro- vided to all known interested parties. "(c) The Secretary of the Treasury may transfer any property forfeited under this Act to any State or local law enforcement
98 STAT. 2988 PUBLIC LAW 98-573—OCT. 30, 1984 agency which participated directly in the seizure or forfeiture of the property. "(d) The United States shall not be liable in any action relating to property transferred under this section if such action is beised on an act or omission occurring after the transfer.". (15) Section 619 (19 U.S.C. 1619) is amended— (A) by inserting "aircraft," after "vehicle," each place it appears, and (B) by striking out "$50,000" each place it appears and inserting in lieu thereof "$250,000". (16) The sentence beginning "Whenever any" in section 618 (19 U.S.C. 1618) is amended by inserting "aircraft," after "vehi- cle," each place it appears. (17) Part V of title IV (19 U.S.C. 1581 et seq.), as amended by paragraphs (11) and (13), is further amended by adding after section 588 the following new section: 19 u s e 1589a. "SEC. 589. ENFORCEMENT AUTHORITY OF CUSTOMS OFFICERS. "Subject to the direction of the Secretary of the Tresisury, an officer of the customs may— "(1) carry a firearm; "(2) execute and serve any order, warrant, subpena, summons, or other process issued under the authority of the United States; "(3) make an arrest without a warrant for any offense against the United States committed in the officer's presence or for a felony, cognizable under the laws of the United States commit- ted outside the officer's presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; and "(4) perform any other law enforcement duty that the Secre- tary of the Treasury may designate.". 26 use 7607. (b)(1) Section 7607 of the Internal Revenue Code of 1954 is repealed. (2) The table of sections for subchapter A of chapter 78 of the Internal Revenue Code of 1954 is amended by striking out the item relating to section 7607. 19 u s e 1304 SEC. 214. EFFECTIVE DATES. (a) For purposes of this section, the term "15th day" means the 15th day after the date of the enactment of this Act. (b) Except as provided in subsections (c), (d), and (e), the amend- ments made by this title shall take effect on the 15th day. (c)(1) The amendment made by section 204 shall apply with re- spect to vessels returning from the British Virgin Islands on or after the 15th day. (2) The amendments made by section 207 shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day; except for such of those articles that, on or before the 15th day, had been taken on board for transit to the customs territory of the United States. (3)(A) The amendment made by section 208 shall apply with respect to entries made in connection with arrivals of vessels on or after the 15th day. (B) Upon request therefor filed with the customs officer concerned on or before the 90th day after the date of the enactment of this Act, any entry in connection with the arrival of a vessel used primarily for transporting passengers or property—
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2989 (i) made before the 15th day but not liquidated as of Jan- uary 1, 1983, or (ii) made before the 15th day but which is the subject of an action in a court of competent jurisdiction on September 19, 1983, and (iii) with respect to which there would have been no duty if the amendment made by section 208 applied to such entry, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, be liquidated or reliquidated as though such entry had been made on the 15th day. (4) The amendments made by section 209 shall apply with respect to articles launched into space from the customs territory of the United States on or after January 1,1985. (5XA) The amendment made by section 210(a) shall take effect on the 30th day after the date of the enactment of this Act. (B) The amendment made by section 210(b) shall apply with respect to determinations made or ordered on or after the date of the enactment of this Act. (dXD The amendments made by section 212 shall take effect upon the close of the 180th day following the date of the enactment of this Act with the following exceptions: (A) Section 641(cXlXB) and section 641(cX2) of the Tariff Act of 1930, as added by such section, shall take effect three years after the date of the enactment of this Act. (B) The amendments made to the Tariff Act of 1930 by subsection (c) of section 212 shall take effect on such date of enactment. (2) A license in effect on the date of enactment of this Act under section 641 of the Tariff Act of 1930 (as in effect before such date of enactment) shall continue in force as a license to transact customs business as a customs broker, subject to all the provisions of section 212 and such licenses shall be accepted as permits for the district or districts covered by that license. (3) Any proceeding for revocation or suspension of a license insti- tuted under section 641 of the Tariff Act of 1930 before the date of the enactment of this Act shall continue and be governed by the law in effect at the time the proceeding was instituted. (4) If any provision of section 212 or its application to any person or circumstances is held invalid, it shall not affect the validity of the remaining provisions or their application to any other person or circumstances. (e) The amendments made by section 213 shall take effect October 15, 1984. Subtitle B—Small Business Trade Assistance SEC. 221. ESTABLISHMENT OF TRADE REMEDY ASSISTANCE OFFICE IN THE UNITED STATES INTERNATIONAL TRADE COMMISSION. Part 2 of title II of the Tariff Act of 1930 (19 U.S.C. 1330-1341) is amended by inserting after section 338 the following new section: "SEC. 339. TRADE REMEDY ASSISTANCE OFFICE. 19 USC 1339. "(a) There is established in the Commission a Trade Remedy Assistance Office which shall provide full information to the public, upon request, concerning— "(1) remedies and benefits available under the trade laws, and
98 STAT. 2990 PUBLIC LAW 98-573—OCT. 30, 1984 "(2) the petition and application procedures, and the appropri- ate fiUng dates, with respect to such remedies and benefits. "(b) Each agency responsible for administering a trade law shall provide technical assistance to eligible small businesses to enable them to prepare and file petitions and applications (other than those which, in the opinion of the agency, are frivolous) to obtain the remedies and benefits that may be available under that law. "(c) For purposes of this section— "(1) The term 'eligible small business' means any business concern which, in the agency's judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing peti- tions and applications for remedies and benefits under trade laws. In determining whether a business concern is an 'eligible small business', the agency may consult with the Small Busi- ness Administration, and shall consult with any other agency that has provided assistance under subsection (b) to that busi- ness concern. An agency decision regarding whether a business concern is an eligible small business for purposes of this section is not reviewable by any other agency or by any court. "(2) The term 'trade laws' means— "(A) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq., relating to relief caused by import competition); 19 u s e 2271 et "(B) chapters 2 and 3 of such title II (relating to adjust- seq., 2341 et seq. ment assistance for workers and firms); "(C) chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq., relating to relief from foreign import restrictions and export subsidies); "(D) title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq., relating to the imposition of countervailing duties and antidumping duties); "(E) section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862, relating to the safeguarding of national secu- rity); and "(F) section 337 of the Tariff Act of 1930 (19 U.S.C. 1337, relating to unfair practices in import trade)." Effective date. (b) Section 339 of the Tariff Act of 1930 (as added by subsection (a)) 19 u s e 1339 shall take effect on the 90th day after the date of the enactment of note. this Act. Subtitle C—Miscellaneous Provisions SEC. 231. FOREIGN TRADE ZONE PROVISIONS. Bicycle (aXD The Congress finds that a delicate balance of the interests of components. the bicycle industry and the bicycle component parts industry has been reached through repeated revision of the Tariff Schedules of the United States so as to allow duty free import of those categories of bicycle component parts which are not manufactured domesti- cally. The Congress further finds that this balance would be de- stroyed by exempting otherwise dutiable bicycle component parts from the customs laws of the United States through granting foreign trade zone status to bicycle manufacturing and assembly plants in the United States and that the preservation of such balance is in the public interest and in the interest of the domestic bicycle industry. (2) Section 3 of the Act of June 18, 1934 (commonly known as the Foreign Trade Zones Act (19 U.S.C. 81c)), is amended—
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2991 (A) by inserting "(a)" immediately before the first word thereof; (B) by redesignating paragraphs (a) and (b) as paragraphs (1) and (2), respectively; and (C) by adding at the end thereof the following new subsection: "(b) The exemption from the customs laws of the United States provided under subsection (a) shall not be available before June 30, 1986, to bicycle component parts unless such parts are reexported from the United States, whether in the original package, as compo- nents of a completely assembled bicycle, or otherwise.". (3) The amendments made by paragraph (2) shall take effect on Effective date. the fifteenth day after the date of the enactment of this Act. 19 u s e 81c note. mi) Section 15 of such Act of June 18, 1934 (19 U.S.C. 81o) is amended by adding at the end thereof the following new subsection: "(e) Tangible personal property imported from outside the United States and held in a zone for the purpose of storage, sale, exhibition, repackaging, assembly, distribution, sorting, grading, cleaning, mixing, display, manufacturing, or processing, and tangible personal property produced in the United States and held in a zone for exportation, either in its original form or as altered by any of the above processes, shall be exempt from State and local ad valorem taxation.". (2) The amendment made by paragraph (1) shall take effect on Effective date. January 1,1983. 19 u s e 81o note. SEC. 232. DENIAL OF DEDUCTION FOR CERTAIN FOREIGN ADVERTISING EXPENSES. (a) Section 162 of the Internal Revenue Code of 1954 (relating to 26 u s e 162. trade or business expenses) is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: "0") CERTAIN FOREIGN ADVERTISING EXPENSES.— "(1) I N GENERAL.—No deduction shall be allowed under sub- section (a) for any expenses of an advertisement carried by a foreign broadcast undertaking and directed primarily to a market in the United States. This paragraph shall apply only to foreign broadcast undertakings located in a country which denies a similar deduction for the cost of advertising directed primarily to a market in the foreign country when placed with a United States broadcast undertaking. "(2) BROADCAST UNDERTAKING.—For purposes of paragraph (1), the term 'broadcast undertaking' includes (but is not limited to) radio and television stations.". (b) The amendment made by subsection (a) shall apply to taxable Effective date. years beginning after the date of the enactment of this Act. 26 u s e 162 note. SEC. 233. CERTAIN RELICS AND CURIOS. Section 925 of title 18, United States Code, is amended by insert- ing at the end thereof the following: "(e) Notwithstanding any other provision of this title, the Secre- Firearms. tary shall authorize the importation of, by any licensed importer, the following: "(1) All rifles and shotguns listed as curios or relics by the Secretary pursuant to section 921(aX13), and 18 u s e 921. "(2) All handguns, listed as curios or relics by the Secretary pursuant to section 921(a)(13), provided that such handguns are
98 STAT. 2992 PUBLIC LAW 98-573—OCT. 30, 1984 generally recognized as particularly suitable for or readily adaptable to sporting purposes.". SEC. 234. MODIFICATION OF DUTIES ON CERTAIN ARTICLES USED IN CIVIL AVIATION. (a) The President may proclaim modifications in the rate of duty column numbered 1 and in the article descriptions, including the superior headings thereto, for the articles provided for in the follow- ing items in the Tariff Schedules of the United States (19 U.S.C. 1202) in order to provide duty-free coverage comparable to the expanded coverage provided by all other signatories to the Agree- ment on Trade in Civil Aircraft pursuant to the extension of the Annex to the Agreement on Trade in Civil Aircraft on October 6, 1983, and recorded in the decision of the Committee on March 22, 1984, if such articles are certified for use in civil aircraft in accord- ance with headnote 3 to schedule 6, part 6, subpart C of such Schedules: 646.95 680.95 708.05 660.85 681.01 708.07 660.97 681.15 708.09 661.06 681.18 708.21 661.10 681.21 708.23 661.15 681.24 708.25 661.20 682.05 708.27 661.35 683.05 708.29 680.59 683.07 711.77 680.61 683.15 711.78 680.62 708.01 711.98 680.92 708.03 711.49. 19 use 2135. (h) For purposes of section 125 of the Trade Act of 1974, the duty-free treatment, if any, proclaimed under subsection (a) shall be considered to be trade agreement obligations entered into 19 use 2101. under the Trade Act of 1974 of benefit to foreign countries or instrumentalities. SEC. 235. PRODUCTS OF CARIBBEAN BASIN COUNTRIES ENTERED IN PUERTO RICO. Subsection (a) of section 213 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703) is amended by adding at the end thereof the following new paragraph: 19 use 1311. "(3) Notwithstanding section 311 of the Tariff Act of 1930, the products of a beneficiary country which are imported directly from such country into Puerto Rico may be entered under bond for processing or use in manufacturing in Puerto Rico. No duty shall be imposed on the withdrawal from warehouse of the product of such processing or manufacturing if, at the time of such withdrawal, such product meets the requirements of para- graph (1)(B).". SEC. 236. USER FEE FOR CUSTOMS SERVICES AT CERTAIN SMALL AIR- PORTS. 19 use 58b. (a) The Secretary of the Treasury shall make customs services available and charge a fee for the use of such customs services at— (1) the airport located at Lebanon, New Hampshire, and (2) any other airport designated by the Secretary of the Treasury under subsection (c).
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2993 (b) The fee which is charged under subsection (a) shall be paid by each person using the customs services at the airport and shall be in an amount equal to the expenses incurred by the Secretary of the Treasury in providing the customs services which are rendered to such person at such airport (including the salary and expenses of individuals employed by the Secretary of the Treasury to provide such customs services). (c) The Secretary of the Treasury may designate 4 airports under this subsection. An airport may be designated under this subsection only if— (1) the Secretary of the Treasury has made a determination that the volume or value of business cleared through such airport is insufficient to justify the availability of customs services at such airport, and (2) the governor of the State in which such airport is located approves such designation. (d) Any person who, after notice and demand for payment of any fee charged under subsection (a), fails to pay such fee shall be guilty of a misdemeanor and if convicted thereof shall pay a fine that does not exceed an amount equal to 200 percent of such fee. (e) Fees collected by the Secretary of the Treasury under subsec- tion (a) with respect to the provision of services at an airport shall be deposited in an account within the Treasury of the United States that IS specially designated for such airport. The funds in such account shall only be available, as provided by appropriation Acts, for expenditures relating to the provision of customs services at such airport (including expenditures for the salaries and expenses of individuals employed to provide such services). SEC. 237. NOTIFICATION OF CERTAIN ACTIONS BY THE UNITED STATES CUSTOMS SERVICE. (a) The Commissioner of Customs shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives at least 90 days prior to initiating any major field reorganization or consolidation or taking any other action which would— (1) result in a significant reduction in force of employees other than by means of attrition; (2) eliminate or relocate any district, regional, or border office of the United States Customs Service; or (3) significantly reduce the number of employees assigned to any district, regional, or border office of the United States Customs Service. (b) The provisions of this section shall not apply after Septem- Effective dates. ber 30,1985. (c) The amendment made by subsection (a) shall take effect after the effective date of any provision of law enacted by the 98th Congress that would, but for this section, limit the authority of the Commissioner of Customs to reorganize or consolidate any district, regional, or border office of the Service. SEC. 238. COLUMBIA-SNAKE CUSTOMS DISTRICT. The Commissioner of the United States Customs Service shall 19 use 2 note. establish a customs district that shall— (1) be known as the Columbia-Snake Customs District; (2) have headquarters at Portland, Oregon; and (3) consist of the following areas:
98 STAT. 2994 PUBLIC LAW 98-573—OCT. 30, 1984 (A) The State of Oregon. (B) That part of the State of Idaho below 47 latitude. (C) The following counties in the State of Washington: Adams, Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Skamania, Wahkiakum, Walla Walla, and Whitman. (D) That area of Pacific County, State of Washington, south of a line that would be in effect if the northern boundary of Wahkiakum County were extended westward to the Pacific Ocean. The ports of entry for Columbia-Snake Customs District are those ports of entry that were within the areas described in paragraph (3) on the date of the enactment of this Act; except that Boise, Idaho, is an additional port of entry for that District. SEC. 239. RELIQUIDATION OF CERTAIN MASS SPECTROMETER SYSTEMS. 19 use 1514, Notwithstanding sections 514 and 520 of the Tariff Act of 1930 and 1520. any other provision of law, the Secretary of the Treasury is author- ized to reliquidate within six months of the date of enactment of this Act the entry of 2 mass spectrometer systems— (1) which were imported into the United States for the use of Montana State University, Bozeman, Montana, and (2) with respect to which applications were filed with the International Trade Administration of the Department of Com- merce for duty-free entry of scientific instruments that were assigned the docket numbers 82-00323 and 83-108 (described in 47 Federal Register 41409 and 48 Federal Register 13214, respectively), if the Secretary of Commerce finds that these systems are eligible to enter free of duty pursuant to headnote 6 of part 4 of schedule 8 of the Tariff Schedules of the United States. SEC. 240. MAX PLANCK INSTITUTE FOR RADIOASTRONOMY. (aXD The Secretary of the Treasury is authorized and directed to admit free of duty any article provided by the Max Planck Institute for Radioastronomy of the Federal Republic of Germany to the joint astronomical project being undertaken by the Steward Observatory of the University of Arizona and the Max Planck Institute for the construction, installation, and operation of a sub-mm telescope in the State of Arizona if— (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)), and (B) no instruments or apparatus of equivalent scientific value for the purposes for which such article is intended to be used is being manufactured in the United States.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2995 (2) For purposes of paragraph 1(B), scientific testing equipment provided by the Max Planck Institute and necessary for aligning, calibrating, or otherwise testing an instrument or apparatus shall be considered to be part of such instrument or apparatus. (b) The University of Arizona or the Max Planck Institute shall submit to the United States Customs Service and to the Interna- tional Trade Administration descriptions of the articles sought to be admitted free of duty containing sufficient detail to allow the United States Customs Service to determine whether subsection (a)(1)(A) is satisfied and the International Trade Administration to determine whether subsection (a)(lXB) is satisfied. The descriptions may be submitted in a single or in several submissions to each agency, as the University of Arizona or the Max Planck Institute deem appro- priate during the course of the project. The United States Customs Service and the International Trade Administration are directed to make their respective determinations under this section within ninety days of the date the agency receives a sufficient submission of information with respect to any article. (c) The Secretary of the Treasury is authorized and directed to readmit free of duty any article admitted free of duty under subsec- tion (a) and subsequently returned to the Federal Republic of Ger- many for repair, replacement, or modification. (d) The Secretary of the Treasury is authorized and directed to admit free of duty any repair components for articles admitted free of duty under subsection (a). (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 head- note 1 of part 4 of schedule 8 (19 U.S.C. 1202). (f) The provisions of subsection (a) shall apply with respect to Effective date, articles entered for consumption after the day which is 15 days after the date of enactment of this Act and before November 1, 1993. SEC. 241 DUTY-FREE ENTRY FOR RESEARCH EQUIPMENT FOR NORTH DAKOTA STATE UNIVERSITY, FARGO, NORTH DAKOTA. The research equipment that was imported for the use of North Dakota State University, Fargo, North Dakota, and entered on September 15, 1983, under entry number 83-116431-9, at Seattle, Washington, shall be considered to have been admitted free of duty as of the date of such entry. If the liquidation of such entry has become final, the Secretary of the Treasury shall reliquidate such entry and make the appropriate refund of any duty paid on such equipment. SEC. 242. DUTY-FREE ENTRY FOR PIPE ORGAN FOR THE CRYSTAL CATHE- DRAL GARDEN GROVE, CALIFORNIA. The pipe organ which was imported for the use of the Crystal Cathedral of Garden Grove, California, and entered in six shipments between April 30,1981, and April 8,1982, at Los Angeles, California, shall be considered to have been admitted free of duty as of the date of each such entry. If the liquidation of any such entry has become final, the Secretary of the Treasury shall reliquidate each such entry and make the appropriate refund of any duty paid on such organ.
98 STAT. 2996 PUBLIC LAW 98-573—OCT. 30, 1984 SEC. 243. DUTY-FREE ENTRY FOR SCIENTIFIC EQUIPMENT FOR THE ELLIS FISCHEL STATE CANCER HOSPITAL, COLUMBIA, MISSOURI. 19 use 1654. Notwithstanding any provision of the Tariff Act of 1930 or any other provisions of the law to the contrary, the Secretary of the Treasury shall reliquidate, as duty free, the entries numbered 220286 (dated November 7, 1975) and 235380 (dated January 23, 1976) made at Chicago, Illinois, and covering scientific equipment for the use of the Ellis Fischel Cancer Hospital, Columbia, Missouri, in accordance with the decision of the Department of Commerce in docket numbered 76-00199-33-00530. SEC. 244. DUTY-FREE ENTRY OF ORGANS IMPORTED FOR THE USE OF TRINITY CATHEDRAL OF CLEVELAND, OHIO. The organs made by Flentrop Orgel Bouw, the Netherlands, that were imported for the use of Trinity Cathedral of Cleveland, Ohio, and entered during 1973-1978 shall be considered to have been admitted free of duty on the dates of entry. If the liquidation of any such entry has become final, the Secretary of the Treasury, if request therefor is filed with the appropriate customs officer within 180 days after the date of the enactment of this Act, shall reliqui- date the entry and make the appropriate refund of any duty paid. SEC. 245. SENSE OF CONGRESS REGARDING POSSIBLE EEC ACTION ON CORN GLUTEN. Whereas— (1) the European Council of Ministers has directed the Com- mission of the European Community (EC) to initiate consulta- tions with the United States and other interested parties under article XXVIII of the General Agreement on Tariffs and Trade (GATT) for the purpose of imposing tariff or tariff quota restric- tions on imports of nongrain feed ingredients, including corn gluten feed; (2) the EC has considered proposals to impose a domestic consumption tax on vegetable fats and oils, which would under- mine the intention of the duty-free binding on certain corn and soybean products imported from the United States; (3) the EC has bound in the GATT that it will impose no import duties on soybeans, soybean meal, com gluten feed, and other com by-products, and such zero-tariff bindings were agreed to in return for United States trade concessions to the EC during previous rounds of trade negotiations; (4) the EC h£is not demonstrated sound economic justification for restrictions on the import of nongrain feed ingredients and such restrictions would only shift the financial burden of EC Common Agricultural Policy (CAP) reform from the EC to other countries, with negligible improvement in the current EC budget situation; (5) action by the EX^ to breach a negotiated concession would severely erode the basic GATT principle of comparative advan- tage and set a dangerous precedent which could threaten other previously negotiated concessions and serve as a precursor to restrictions on the import of soybeans £uid soybean products; and (6) the official position of the United States, as stated by the Secretary of Agriculture, is that there is strong support for the EC efforts to balance the Agricultural budget, but that the
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2997 United States will oppose any efforts to limit its exports of corn gluten feed to the EC; it is the sense of Congress that— (A) the President should continue to firmly oppose the imposi- tion of any restriction on European Community imports of nongrain feed ingredients, including corn gluten, and should support the current duty-free binding on such products; (B) the President should continue to rigorously oppose any European Community proposals which would violate the intent of the existing duty-free binding in the General Agreement on Tariffs and Trade on soybeans and soybean products and reaf- firm the United States conviction that the imposition of a consumption tax on vegetable fats and oils by the European Community would represent a restraint of trade; and (C) if unilateral action is taken by the European Community to restrict or inhibit the importation of either nongrain feed ingredients, including corn gluten feed, or vegetable fats and oils, including soybean products, the United States should act immediately to restrict European Community imports of at least the aggregate value of the reduced and potentially reduced United States export products. SEC. 246. STUDY ON HONEY IMPORTS. (a) The Senate finds that— (1) in 1976 the International Trade Commission found that honey imports threatened serious injury to the domestic honey industry and recommended action to control honey imports, (2) the domestic honey industry is essential for production of many agricultural crops, (3) a significant part of our total diet is dependent directly or indirectly on insect pollination, and (4) it is imperative that the domestic honey bee industry be maintained at a level sufficient to provide crop pollination. (b) It is the sense of the Senate that the Secretary of Agriculture should promptly request the President to call for an International Trade Commission investigation of honey imports, under section 22 of the Agriculture Adjustment Act. 7 use 624. SEC. 247. COPPER IMPORTS. (a) The Congress finds that— (1) the United States International Trade Commission unani- mously found that the United States copper producing industry is being seriously injured by copper imports; (2) worldwide copper prices are at record low levels; (3) foreign copper producers have increased their copper pro- duction in spite of depressed world prices in an effort to meet their external debt obligations; (4) United States copper production has been reduced by over forty percent and over half of the work force has been laid off; (5) continuation of the current depressed world price for copper threatens severe economic distress for less developed countries which are dependent on copper exports as their major source of foreign exchange; (6) the competitivness of United States copper producers could be enhanced through the investment which could be generated if worldwide copper prices returned to more historically repre- sentative levels; and
98 STAT. 2998 PUBLIC LAW 98-573—OCT. 30, 1984 (7) a balanced reduction in foreign copper production which raises marginally the world price for copper would not disad- vantage domestic fabricators by creating a two-tier pricing system. (b) It is the sense of Congress that the President should negotiate with the principal foreign copper-producing countries to conclude voluntary restraint agreements with those governments for the purpose of effecting a balanced reduction of total annual foreign copper production for a period of between three and five years in order to— (1) allow the price of copper on international markets to rise modestly to levels which will permit the remaining copper operations located in the United States to attract needed cap- ital, and (2) achieve a secure domestic supply of copper. Report. (c) It is the further sense of the Congress that the President should submit a report to Congress, within twelve months of the date of enactment of this Act, explaining— (1) the results of his negotiations; or (2) why he felt it was inappropriate or unnecessary to under- take such negotiations. SEC. 248. DISAPPROVAL OF PRESIDENTIAL DETERMINATIONS UNDER SECTION 203 OF THE TRADE ACT OF 1974. (a)(1) Section 203(c)(1) of the Trade Act of 1974 (19 U.S.C. 2253(c)(1)) is amended to read as follows: "(1) If the President reports under subsection (b) that he is taking action which differs from the action recommended by the Commis- 19 use 2251. sion under section 201(d)(1)(A), or that he will not provide import rel;ief, the action recommended by the Commission shall take effect (as provided in paragraph (2)) upon enactment of a joint resolution 19 use 2252. described in section 152(a)(1)(A) within the 90-day period beginning on the date on which the document referred to in subsection (b) is transmitted to the Congress.". (2) Section 203(c)(2) of the Trade Act of 1974 (19 U.S.C. 2253(c)(2)) is amended— (A) by striking out "adoption of such resolution" and inserting in lieu thereof "enactment of the joint resolution referred to in paragraph (1)", and (B) by striking out "section 201(b)" and inserting in lieu thereof "section 201(d)". Ob) Section 152(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2192(a)(1)(A)) is amended by striking out "concurrent resolution" and inserting in lieu thereof "joint resolution". (c) Section 330(d)(4) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(4)) is amended by striking out "the concurrent resolution described in such section 152" and inserting in lieu thereof "the joint resolution described in such section 152(a)(1)(A)". SEC. 249. SECTION 201 CRITERIA. Section 201(b) of the Trade Act of 1974 (19 U.S.C. 2251(b)) is amended— (1) by amending paragraph (2)— (A) by inserting "(whether maintained by domestic pro- ducers, importers, wholesalers, or retailers)" after "inven- tory" in subparagraph (B), (B) by striking out "and" at the end of subparagraph (B),
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 2999 (C) by striking out the period at the end of subparagraph (C) and inserting in Heu thereof "; and", and (D) by adding at the end thereof the following: "(D) the presence or absence of any factor which the Commis- sion is required to evaluate in subparagraphs (A) and (B) shall not necessarily be dispositive of whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury or threat of serious injury to the domestic industry."; and (2) by adding at the end thereof the following new paragraph: "(7) For purposes of this section, the term 'significant idling of productive facilities' includes the closing of plants or the underutili- zation of production capacity.". SEC. 250. HOGS AND PORK PRODUCTS FROM CANADA. The pork industry contributes $9,000,000,000 annually to the United States economy; Over four hundred and fifty thousand United States farmers produce pork for domestic and foreign markets; United States imports of live hogs from Canada averaged one hundred thousand animals each year between 1970 and 1974, yet since 1981, such imports have increased yearly from one hundred and forty-six thousand head to an estimated more than one million head in 1984; The adverse economic effect of the recent surge in imports of Canadian hogs and pork products on United States pork producers has been estimated to be in excess of $500,000,000 in 1982 and 1983, and approximately $300,000,000 during the first five months of 1984; The Canadian Government provides price support for hogs at a level equal to 90 per centum of the previous five-year average market price, indexed for changes in cash costs of production of hogs, which represented a payment of $6.54 per head to Canadian pork producers last year, and all but one provincial government of Canada also provide direct production assistance to support Canadian pork producers; and It is essential that the administration act immediately to address the threat to the United States pork production industry caused by the dramatic increase in imports of hogs and pork products from Canada. It is the sense of the Senate that the President should direct appropriate members of the administration, including the United States Trade Representative, the Secretary of Agriculture, and the Secretary of Commerce, to aggressively pursue discussions with the Canadian Government directed toward resolving this situation and use all available authorities in an effort to protect the economic viability of the United States pork industry and to promote free and fair trade. SEC. 251. COPYRIGHT PROTECTION OF COMPUTER SOFTWARE. Since the development of computer software and other informa- tion technologies is increasingly important to economic growth and productivity in the United States and other nations; Since the United States is the world leader in the technological development of computer software and in the production and sale of computer software; Since the United States has since 1964 considered computer software a work of authorship protected by copyright and this form
98 STAT. 3000 PUBLIC LAW 98-573—OCT. 30, 1984 of intellectual property right protection has served to encourage continuing research, development, and innovation of computer software; Since copyright protection is afforded computer software by most industrialized nations including Japan, the Netherlands, France, the Federal Republic of Germany, the United Kingdom, South Africa, Hungary, Taiwan, and Australia; Since Japan is reviewing a proposal to abandon copyright protec- tion of software and to adopt a system that rejects the principle that software is a work of authorship; Since Japan is reviewing a proposal that also provides broadly for the compulsory licensing of software; and Since the enactment by Japan of such a proposal could prompt the adoption of similar proposals by other nations currently consid- ering this question, with serious adverse effects on the existing international order for the protection of intellectual property rights: Now, therefore, be it Declared that it is the sense of the Congress that— (1) copyright protection is an essential form of intellectual property right protection for computer software; (2) any proposal to abandon copyright protection of software or to provide a new system of legal protection that incorporates compulsory licensing of software would (A) disserve the goal of promoting continuing development and innovation in computer software; (B) undermine the international consensus that com- puter software is a work of authorship protected by copyright; (C) result in economic harm to the computer software industry of the United States, and also of Japan and of other nations; and (D) contribute to increasing trade tensions among the nations of the world; and (3) if a nation withdraws copyright protection of software or provides for broad compulsory licensing of software, it would be in the interests of the United States and other nations to seek appropriate relief, including that provided under the Universal Copyright Convention, to ensure the just protection of intellec- tual property rights and the promotion of free and fair trade. International TITLE III—INTERNATIONAL TRADE AND Investment Act. INVESTMENT SEC. 301. SHORT TITLE; AMENDMENT OF TRADE ACT OF 1974. 19 use 2101 (a) This title may be cited as the "International Trade and Invest- note. ment Act". (b) Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Trade 19 use 2101. Act of 1974. 19 use 2102 SEC. 302. STATEMENT OF PURPOSES. The purposes of this title are— (1) to foster the economic growth of, and full employment in, the United States by expanding competitive United States ex- ports through the achievement of commercial opportunities in foreign markets substantially equivalent to those accorded by the United States;
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3001 (2) to improve the ability of the President— (A) to identify and to analyze barriers to (and restrictions on) United States trade and investment, and (B) to achieve the elimination of such barriers and restrictions; (3) to encourage the expansion of— (A) international trade in services through the negotia- tion of agreements (both bilateral and multilateral) which reduce or eliminate barriers to international trade in serv- ices, and (B) United States service industries in foreign commerce; and (4) to enhance the free flow of foreign direct investment through the negotiation of agreements (both bilateral and mul- tilateral) which reduce or eliminate the trade distortive effects of certain investment-related measures. SEC. 303. ANALYSIS OF FOREIGN TRADE BARRIERS. (a) Title I (19 U.S.C. 2111 et seq.) is amended by adding at the end thereof the following new chapter: "CHAPTER 8—BARRIERS TO MARKET ACCESS "SEC. 181. ACTIONS CONCERNING BARRIERS TO MARKET ACCESS. 19 USC 2241. "(a) NATIONAL TRADE ESTIMATES.— "(1) IN GENERAL.—Not later than the date on which the initial report is required under subsection (b)(1), the United States Trade Representative, through the interagency trade organiza- tion established pursuant to section 242(a) of the Trade Expan- sion Act of 1962 shall— 19 use 1872. "(A) identify and analyze acts, policies, or practices which constitute significant barriers to, or distortions of— "(i) United States exports of goods or services (includ- ing agricultural commodities; and property protected by trademarks, patents, and copjn-ights exported or licensed by United States persons), and "(ii) foreign direct investment by United States per- sons, especially if such investment has implications for trade in goods or services; and "(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A). "(2) CERTAIN FACTORS TAKEN INTO ACCOUNT IN MAKING ANALY- SIS AND ESTIMATE.—In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account— "(A) the relative impact of the act, policy, or practice on United States commerce; "(B) the availability of information to document prices, market shares, and other matters necessary to demonstrate the effects of the act, policy, or practice; "(C) th3 extent to which such act, policy, or practice is subject to international agreements to which the United States is a party; and "(D) any advice given through appropriate committees established pursuant to section 135. 19 use 2155.
98 STAT. 3002 PUBLIC LAW 98-573—OCT. 30, 1984 "(3) ANNUAL REVISIONS AND UPDATES.—The Trade Representa- tive sheill annually revise and update the analysis and estimate under paragraph (1). "(b) REPORT TO CONGRESS.— "(1) I N GENERAL.—On or before the date which is one year after the date of the enactment of the International Trade and Ante, p. 3000. Investment Act, and each year thereafter, the Trade Represent- ative shall submit the analysis and estimate under subsection (a) to the Committee on Finance of the Senate and to the Committee on Ways and Means of the House of Representa- tives. "(2) REPORTS TO INCLUDE INFORMATION WITH RESPECT TO ACTION BEING TAKEN.—The Trade Representative shall include in each report submitted under paragraph (1) information with respect to any action taken (or the reasons for no action taken) to eliminate any act, policy, or practice identified under subsec- tion (a), including, but not limited to— "(A) any action under section 301, or "(B) negotiations or consultations with foreign governments. "(3) CONSULTATION WITH CONGRESS ON TRADE POLICY PRIOR- ITIES.—The Trade Representative shall keep the committees described in paragraph (1) currently informed with respect to trade policy priorities for the purposes of expanding market opportunities. "(c) ASSISTANCE OF OTHER AGENCIES.— "(1) FURNISHING OF INFORMATION.—The head of each depart- ment or Eigency of the executive branch of the Government, including any independent agency, is authorized and directed to furnish to the Trade Representative or to the appropriate agency, upon request, such data, reports, and other information as is necessary for the Trade Representative to carry out his functions under this section. "(2) RESTRICTIONS ON RELEASE OR USE OF INFORMATION.—Noth- ing in this subsection shall authorize the release of information to, or the use of information by, the Trade Representative in a manner inconsistent with law or any procedure established pursuant thereto. "(3) PERSONNEL AND SERVICES.—The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reim- bursement, as the Trade Representative may request to assist in carrying out his functions.", (b) The table of contents for title I is amended by adding at the end thereof the following: "CHAPTER 8—BARRIERS TO MARKET ACCESS "Sec. 181. Actions concerning barriers to market access.". SEC. 304. AMENDMENTS TO TITLE i l l OF THE TRADE ACT OF 1974. (a) Section 301(a) (19 U.S.C. 2411(a)) is amended to read as follows: "(a) DETERMINATIONS REQUIRING ACTION.— President of U.S. "(1) IN GENERAL.—If the President determines that action by the United States is appropriate— "(A) to enforce the rights of the United States under any trade agreement; or
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3003 "(B) to respond to any act, policy, or practice of a foreign country or instrumentality that— (i) is inconsistent with the provisions of, or other- wise denies benefits to the United States under, any trade agreement, or "(ii) is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce; the President shall take all appropriate and feasible action within his power to enforce such rights or to obtain the elimina- tion of such act, policy, or practice. "(2) SCOPE OF ACTION.—The President may exercise his authority under this section with respect to any goods or sector— "(A) on a nondiscriminatory basis or solely against the foreign country or instrumentality involved, and "(B) without regard to whether or not such goods or sector were involved in the act, policy, or practice identified under paragraph (1).". (b) Section 301(b) (19 U.S.C. 2411(b)) is amended— (1) by striking out "and" at the end of paragraph (1); (2) by inserting ", notwithstanding any other provision of law," before "fees in paragraph (2); and (3) by striking out products" in paragraph (2) and inserting in lieu thereof "goods". (c) Section 301 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsec- tion (b) the following new subsection: "(c) ADDITIONAL ACTIONS ON SERVICES.— "(1) I N GENERAL.—Notwithstanding any other provision of law governing any service sector access authorization, and in addi- tion to the authority conferred in subsection (b), the President may— "(A) restrict, in the manner and to the extent the Presi- dent deems appropriate, the terms and conditions of any such authorization, or "(B) deny the issuance of any such authorization. "(2) AFFECTED AUTHORIZATIONS.—Actions under paragraph (1) shall apply only with respect to service sector access authoriza- tions granted, or applications therefor pending, on or after the date on which— "(A) a petition is filed under section 302(a), or infra. "(B) a determination to initiate an investigation is made by the United States Trade Representative (hereinafter in this chapter referred to as the 'Trade Representative') under section 302(c). "(3) CONSULTATION.—Before the President takes action under subsection (b) or (c) involving the imposition of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to regulation by any agency of the Federal Government or of any State, consult, as appropriate, with the head of the agency concerned.". (dXD Section 302 (19 U.S.C. 2412) is amended to read as follows: "SEC. 302. INITIATION OF INVESTIGATIONS BY UNITED STATES TRADE REPRESENTATIVE. "(a) FiUNG OF PETITION.—
98 STAT. 3004 PUBLIC LAW 98-573—OCT. 30, 1984 "(1) I N GENERAL.—Any interested person may file a petition with the United States Trade Representative (hereinafter in this chapter referred to as the 'Trade Representative') request- Arete, p. 3002. ing the President to take action under section 301 and setting forth the allegations in support of the request. "(2) REVIEW OF ALLEGATIONS.—The Trade Representative shall review the allegations in the petition and, not later than forty-five days after the date on which he received the petition, shall determine whether to initiate an investigation. Federal "(b) DETERMINATIONS REGARDING PETITIONS.— ^g?^J, "(1) NEGATIVE DETERMINATION.—If the Trade Representative pu ica ion. determines not to initiate an investigation with respect to a petition, he shall inform the petitioner of the reasons therefor and shall publish notice of the determination, together with a summary of such reasons, in the Federal Register. "(2) AFFIRMATIVE DETERMINATION.—If the Trade Representa- tive determines to initiate an investigation with respect to a petition, he shall initiate an investigation regarding the issues raised. The Trade Representative shall publish a summary of the petition in the Federal Register and shall, as soon as possible, provide opportunity for the presentation of views con- cerning the issues, including a public hearing— "(A) within the thirty-day period after the date of the determination (or on a date after such period if agreed to by the petitioner) if a public hearing within such period is requested in the petition; or "(B) at such other time if a timely request therefor is made by the petitioner or by any interested person. "(c) DETERMINATION T O INITIATE BY MOTION OF TRADE REPRESENT- ATIVE.— "(1) DETERMINATION TO INITIATE.—If the Trade Representative determines with respect to any matter that an investigation should be initiated in order to advise the President concerning the exercise of the President's authority under section 301, the Trade Representative shall publish such determination in the Federal Register and such determination shall be treated as an affirmative determination under subsection (bX2). "(2) CONSULTATION BEFORE INITIATION.—The Trade Represent- ative shall, before making any determination under paragraph (1), consult with appropriate committees established pursuant to 19 use 2155. section 135.". 19 use 2171. (2XA) Section 141(d) is amended— (i) by striking out "and" at the end of paragraph (6), (ii) by striking out the period at the end of paragraph (7) and inserting in lieu thereof a semicolon and "and", and (iii) by adding at the end thereof the following new paragraph: "(8) provide, where authorized by law, copies of documents to persons at cost, except that any funds so received shall be credited to, and be available for use from, the account from which expenditures relating thereto were made.". (B) Section 303 (19 U.S.C. 2413) is amended— (i) by striking out "with respect to a petition"; (ii) by inserting "or the determination of the 'Trade Represent- Ante, p. 3003. ative Under section 302(cXl)" after "in the petition"; and (iii) by inserting "(if any)" after "petitioner".
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3005 (C) Section 304 (19 U.S.C. 2414) is amended by striking out "issues raised in the petition" and inserting in lieu thereof "matters under investigation" in paragraph (1) of subsection (a). (D) The item relating to section 302 in the table of contents is amended to read as follows: "Sec. 302. Initiation of Investigations by United States Trade Representative.". (e) Section 303 (19 U.S.C. 2413) is amended— (1) by inserting "(a) I N GENERAL.—" before "On"; and (2) by adding at the end thereof the following new subsection: "db) DELAY OF REQUEST FOR CONSULTATIONS FOR U P TO 90 DAYS.— "(1) I N GENERAL.—Notwithstanding the provisions of subsec- tion (a)— "(A) the United States Trade Representative may delay for up to 90 days any request for consultations under subsection (a) for the purpose of verifying or improving the petition to ensure an adequate basis for consultation, and "(B) if such consultations are delayed by reason of sub- paragraph (A), each time limitation under section 304 shall 19 use 2414. be extended for the period of such delay. "(2) NOTICE AND REPORT.—The Trade Representative shall— "(A) publish notice of any delay under paragraph (1) in Federal the Federal Register, and ^^fi^^t' "(B) report to Congress on the reasons for such delay in ^^ ^'^^ ^°^' the report required by section 306.". 19 use 2416. (f)(1) Paragraph (1) of section 301(e) (19 U.S.C. 2411(e)), as redesig- nated by subsection (c) of this section, is amended to read as follows: "(1) COMMERCE.—The term 'commerce' includes, but is not limited to— "(A) services (including transfers of information) asso- ciated with international trade, whether or not such serv- ices are related to specific goods, and "(B) foreign direct investment by United States persons with implications for trade in goods or services.". (2) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended by adding at the end thereof the following new paragraphs: "(3) UNREASONABLE.—The term 'unreasonable' means any act, policy, or practice which, while not necessarily in violation of or inconsistent with the international legal rights of the United States, is otherwise deemed to be unfair and inequitable. The term includes, but is not limited to, any act, policy, or practice which denies fair and equitable— "(A) market opportunities; "(B) opportunities for the establishment of an enterprise; or "(C) provision of adequate and effective protection of intellectual property rights. "(4) UNJUSTIFIABLE.— "(A) I N GENERAL.—The term 'unjustifiable' means any act, policy, or practice which is in violation of, or inconsist- ent with, the international legal rights of the United States. "(B) CERTAIN ACTIONS INCLUDED.—The term 'unjustifi- able' includes, but is not limited to, any act, policy, or practice described in subparagraph (A) which denies
98 STAT. 3006 PUBLIC LAW 98-573—OCT. 30, 1984 national or most-favored-nation treatment, the right of estabhshment, or protection of intellectual property rights. "(5) DEFINITION OF DISCRIMINATORY.—The term 'discrimina- tory' includes, where appropriate, any act, policy, or practice which denies national or most-favored-nation treatment to United States goods, services, or investment. "(6) SERVICE SECTOR ACCESS AUTHORIZATION.—The term 'serv- ice sector access authorization' means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned.". (3) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection (c) of this section, is amended by striking out the heading and inserting in lieu thereof: "(e) DEFINITIONS; SPECIAL RULE FOR VESSEL CONSTRUCTION SUBSI- DIES.—For purposes of this section—". (g) Section 305 of the Trade Act of 1974 (19 U.S.C. 2415) is amended by adding at the end thereof the following new subsection: Confidentiality. "(c) CERTAIN BUSINESS INFORMATION NOT M A D E AVAILABLE.— "(1) I N GENERAL.—Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 552 of title 5, United States Code), no information requested and received by the Trade Representative in aid of any investigation under this chapter shall be made available to any person if— "(A) the person providing such information certifies that— "(i) such information is business confidential, "(ii) the disclosure of such information would endan- ger trade secrets or profitability, and "(iii) such information is not generally available; "(B) the Trade Representative determines that such certi- fication is well-founded; and "(C) to the extent required in regulations prescribed by the Trade Representative, the person providing such infor- mation provides an adequate nonconfidential summary of such information. "(2) USE OF INFORMATION.—The Trade Representative may— "(A) use such information, or make such information available (in his own discretion) to any employee of the Federal Government for use, in any investigation under this chapter, or "(B) may make such information available to any other person in a form which cannot be associated with, or other- wise identify, the person providing the information.". SEC. 305. NEGOTIATING OBJECTIVES WITH RESPECT TO INTERNATIONAL TRADE IN SERVICES AND INVESTMENT AND HIGH TECHNOL- OGY INDUSTRIES. (aXD Chapter 1 of title I is amended by inserting immediately after section 104 the following new section: 19 u s e 2114a. "SEC. 104A. NEGOTIATING OBJECTIVES WITH RESPECT TO TRADE IN SERVICES, FOREIGN DIRECT INVESTMENT, AND HIGH TECHNOLOGY PRODUCTS. "(a) TRADE IN SERVICES.— "(1) IN GENERAL.—Principal United States negotiating objec- 19 use 2112. tives under section 102 shall be—
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3007 "(A) to reduce or to eliminate barriers to, or other distor- tions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and "(B) to develop internationally agreed rules, including dispute settlement procedures, which— "(i) are consistent with the commercial policies of the United States, and "(ii) will reduce or eliminate such barriers or distor- tions and help ensure open international trade in services. "(2) DOMESTIC OBJECTIVES.—In pursuing the objectives de- scribed in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives in- cluding, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employ- ment opportunity interests and the laws and regulations related thereto. "(b) FOREIGN DIRECT INVESTMENT.— "(1) I N GENERAL.—Principal United States negotiating objec- tives under section 102 shall be— 19 USC 2112. "(A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the princi- ple of national treatment, and to reduce unreasonable bar- riers to establishment; and "(B) to develop internationally agreed rules, including dispute settlement procedures, which— "(i) will help ensure a free flow of foreign direct investment, and "(ii) will reduce or eliminate the trade distortive effects of certain investment related measures. "(2) DOMESTIC OBJECTIVES.—In pursuing the objectives de- scribed in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives in- cluding, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employ- ment opportunity interests and the laws and regulations related thereto. "(c) HIGH TECHNOLOGY PRODUCTS.—Principal United States nego- tiating objectives shall be— "(1) to obtain and preserve the maximum openness with respect to international trade and investment in high technol- ogy products and related services; "(2) to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in section 181, with particu- Ante, p. 3001. lar consideration given to the nature and extent of foreign government intervention affecting United States exports of high technology products or investments in high technology industries, including— "(A) foreign industrial policies which distort interna- tional trade or investment; "(B) measures which deny national treatment or other- wise discriminate in favor of domestic high technology industries;
98 STAT. 3008 PUBLIC LAW 98-573—OCT. 30, 1984 "(C) measures which fail to provide adequate and effec- tive means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights); "(D) measures which impair access to domestic markets for key commodity products; and "(E) measures which facilitate or encourage anticompeti- tive market practices or structures; "(3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services; "(4) to obtain the reduction or elimination of all tariffs on, and other barriers to. United States exports of high technology products and related services; "(5) to obtain commitments to foster national treatment; "(6) to obtain commitments to— "(A) foster the pursuit of joint scientific cooperation be- tween companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and per- sonnel exchanges, and "(B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and "(7) to provide effective minimum safeguards for the acquisi- tion and enforcement of intellectual property rights and the property value of proprietary data. "(d) DEFINITION OF BARRIERS AND OTHER DISTORTIONS.—For pur- poses of subsection (a), the term 'barriers to, or other distortions of, international trade in services' includes, but is not limited to— "(1) barriers to establishment in foreign markets, and "(2) restrictions on the operation of enterprises in foreign markets, including— "(A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and "(B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.". (2) The table of contents for chapter 1 of title I is amended by inserting after the item relating to section 104 the following new item: "Sec. 104A. N^otiating objectives with respect to trade in services, foreign direct investment, and high technology products.". 19 u s e 2114b. SEC. 306. PROVISIONS RELATING TO INTERNATIONAL TRADE IN SERVICES. (aXD The Secretary of Commerce shall establish a service indus- tries development program designed to— (A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce; (B) develop a data base for assessing the adequacy of Govern- ment policies and actions pertaining to services, including, but
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3009 not limited to, data on trade, both aggregate and pertaining to individual service industries; (C) collect and analyze, in consultation with appropriate agen- cies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to— (i) policies of foreign governments toward foreign and United States service industries; (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade; (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector; (iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports; (v) treatment of services under international agreements of the United States; (vi) antitrust policies as such policies affect the competi- tiveness of United States firms; and (vii) treatment of services in international agreements of the United States; (D) conduct a program of research and an£ilysis of service- related issues and problems, including forecasts and industrial strategies; and (E) conduct sectoral studies of domestic service industries. (2) For purposes of the collection and analysis required by para- graph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services. (3) On not less than a biennial basis beginning in 1986, the Report. Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report. (4) The Secretary of Commerce shall carry out the provisions of this subsection from funds otherwise made available to him which may be used for such purposes. (5) For purposes of this section, the term "services" means eco- nomic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transporta- tion, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertain- ment, education, health care, and tourism. GJXD The International Investment Survey Act of 1976 (Public International Law 94-472; 22 U.S.C. 3101, et seq.) is hereby redesignated the Investment and "International Investment and Trade in Services Survey Act". Trade in Services Survey (2XA) Subsection (a) of section 2 of the International Investment Act. and Trade in Services Survey Act (22 U.S.C. 3301) is amended— 22 u s e 3101 (i) by striking out "and" at the end of paragraph (6); note. (ii) by inserting "and trade in services" after "international investment" in paragraph (7); (iii) by redesignating paragraph (7) as paragraph (9); and
98 STAT. 3010 PUBLIC LAW 98-573—OCT. 30, 1984 (iv) by inserting after paragraph (6) the following new paragraphs: "(7) United States service industries engaged in interstate and foreign commerce account for a substantial part of the labor force and gross national product of the United States economy, and such commerce is rapidly increasing; "(8) international trade and services is an important issue for international negotiations and deserves priority in the attention of governments, international agencies, negotiators, and the private sector; and". 22 use 3101. (B) Subsection (b) of section 2 of such Act is amended— (i) by inserting "and United States foreign trade in services, whether directly or by affiliates, including related information necessary for assessing the impact of such investment and trade," after "international investment" the first place it ap- pears; and (ii) by inserting "and trade in services" after "international investment" the second place it appears. (C) Subsection (c) of section 2 of such Act is amended by striking out "or United States investment abroad" and inserting in lieu thereof ", United States investment abroad, or trade in services". (3) Paragraph (3) of section 4(a) of such Act (22 U.S.C. 3103(aX3)) is amended— (A) by inserting "Finance" after "to the Committees on", and (B) by striking out "the Committee on Foreign Affairs" and inserting in lieu thereof "the Committees on Ways and Means, Energy and Commerce, and Foreign Affairs". (4XA) Subsection (a) of section 4 of such Act (22 U.S.C. 3103(a)) is amended— (i) by striking out "presentation relating to international investment" in paragraph (3) and inserting in lieu thereof "presentation"; (ii) by inserting "and trade in services" after "international investment" each place it appears in pareigraphs (1), (2), and (3); (iii) by striking out "and" at the end of paragraph (3); (iv) by redesignating paragraph (4) as paragraph (5); and (v) by inserting after paragraph (3) the following new paragraph: "(4) conduct (not more frequently than once every five years and in addition to any other surveys conducted pursuant to paragraphs (1) and (2)) benchmark surveys with respect to trade in services between unaffiliated United States persons and foreign persons; and". (B) Subparagraph (C) of section 4(bX2) of such Act is amended by inserting "(including trade in both goods and services)" after "re- garding trade". (C) Subsection (f) of section 4 of such Act is gmiended by inserting "and trade in services" after "international investment". (5) Subsection (b) of section 5 of such Act (22 U.S.C. 3104) is amended by striking out "international investment" each place it appears. 19 use 2114c. (cXlXA) The United States Trade Representative, through the interagency trade organization established pursuant to section 19 use 1872. 242(a) of the Trade Expansion Act of 1962 or any subcommittee thereof, shall, in conformance with this Act and other provisions of law, develop (and coordinate the implementation of) United States policies concerning trade in services.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3011 (B) In order to encourage effective development, coordination, and implementation of United States policies on trade in services— (i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the de- partment's or agency's attention with respect to— (I) the treatment afforded United States service sector interest in foreign markets; or (II) allegations of unfair practices by foreign governments or companies in a service sector; and (ii) the Department of Commerce, together with other appro- priate agencies as requested by the United States Trade Repre- sentative, shall provide staff support and other assistance for negotiations on service-related issues by the United States Trade Representatives and the domestic implementation of service-related agreements. (C) Nothing in this paragraph shall be construed to alter any existing authority or responsibility with respect to any specific service sector. (2)(A) The President shall, as he deems appropriate— President of U.S. (i) consult with State governments on issues of trade policy, including negotiating objectives and implementation of trade agreements, affecting the regulatory authority of non-Federal governments, or their procurement of goods and services; (ii) establish one or more intergovernmental policy advisory committees on trade which shall serve as a principal forum in which State and local governments may consult with the Federal Government with respect to the matters described in clause (i); and (iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analy- ses, and information concerning United States policies on inter- national trade in services. (B) Section 135 (19 U.S.C. 2155) is amended— (i) by inserting "and the non-Federal governmental sector" after ' private sector" in subsection (a), (ii) by adding at the end of subsection (c) the following new paragraph: "(3) The President— "(A) may establish policy advisory committees represent- ing non-Federal governmental interests to provide, where the President finds it necessary, policy advice— "(i) on matters referred to in subsection (a), and "(ii) with respect to implementation of trade agree- ments, and "(B) shall include as members of committees established under subparagraph (A) representatives of non-Federal gov- ernmental interests if he finds such inclusion appropriate after consultation by the United States Trade Representa- tive with such representatives."; (iii) by inserting "or non-Federal government" after "private" each place it appears in subsections (g) and (j); (iv) by inserting "government," before "labor" in subsection (j); and (v) by adding at the end thereof the following new subsection:
98 STAT. 3012 PUBLIC LAW 98-573—OCT. 30, 1984 "(n) NON-FEDERAL GOVERNMENT DEFINED.—The term 'non-Federal government' means— "(1) any State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof, or "(2) any agency or instrumentality of any entity described in paragraph (1)."; and (vi) by inserting "or Public" after "Private" in the heading (CXi) Section 104(c) (19 U.S.C. 2114(c)) is amended by inserting "or non-Federal governmental" after "private". (ii) Section 303 (19 U.S.C. 2413) and section 304(b)(2) (19 U.S.C. 2414(bX2)) are each amended by striking out "private sector". (iii) The table of sections for chapter 3 of title I is amended by inserting "and public" after "private" in the item relating to section 135. SEC. 307. NEGOTIATING AUTHORITY WITH RESPECT TO FOREIGN DIRECT INVESTMENT. (a) Paragraph (3) of section 102(g) (19 U.S.C. 2112(gX3)) is amended to read as follows: "(3) the term 'international trade' includes— "(A) trade in both goods and services, and "(B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.". 19 use 2ii4d. (bXl) If the United States Trade Representative, with the advice of the committee established by section 242 of the Trade Expansion of 1962 (19 U.S.C. 1872), determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimi- nation of such export performance requirements through consulta- tions and negotiations with the foreign country or instrumentality concerned. (2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropri- ate, including the exclusion from entry into the United States of products subject to such requirements. (3) Nothing in paragraph (2) or paragraph (3) shall apply to any products or services with respect to which— (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before the date of enactment of this Act, or (B) any written commitment relating to a foreign direct investment that is binding on the date of enactment of this Act has been made directly or indirectly by any United States person. (4) Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation neces- sary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and condi- tions contained in section 123 of the Trade Act of 1974 (19 U.S.C.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3013 2133) for providing compensation for actions taken under section 203 of that Act. Ante, p. 3003. SEC. 308. NEGOTIATION OF AGREEMENTS CONCERNING HIGH TECHNOL- OGY INDUSTRIES. (a) The President may enter into such bilateral or multilateral i9USC2ii4e. agreements as may be necessary or appropriate to achieve the objectives of this section and the negotiating objectives under sec- tion 104A(c) of the Trade Act of 1974. Ante, p. 3006. 0)X1) Chapter 2 of title I is amended by inserting at the end thereof the following new section: "SEC. 128. MODIFICATION AND CONTINUANCE OF TREATMENT WITH 19 USC 2138. RESPECT TO DUTIES ON HIGH TECHNOLOGY PRODUCTS. "(a) In order to cany out any agreement concluded as a result of the negotiating objectives under section 104A(c), the President may 19 USC 2151 proclaim, subject to the provisions of chapter 3— «^ seq. "(1) such modification, elimination, or continuance of any existing duty, duty-free, or excise treatment, or "(2) such additional duties, as he deems appropriate. "0)) The President shall exercise his authority under subsection (a) only with respect to the following items listed in the Tariff Schedules of the United States (19 U.S.C. 1202): "(1) Transistors (provided for in item 587.70, part 5, schedule 6). "(2) Diodes and rectifiers (provided for in item 687.72, part 5, schedule 6). "(3) Monolithic integrated circuits (provided for in item 687.74, part 5, schedule 6). "(4) Other integrated circuits (provided for in item 687.77, part 5, schedule 6). "(5) Other components (provided for in item 687.81, part 5, schedule 6). "(6) Parts of semiconductors (provided for in item 687.85, part 5, schedule 6). "(7) Parts of automatic data-processing machines and units thereof (provided for in item 676.52, part 4G, schedule 6) other than parts incorporating a cathode ray tube. "(c) TERMINATION.—The President may exercise his authority under this section only during the 5-year period beginning on the date of the enactment of the International Trade and Investment Act.". (2) The table of contents of chapter 1 of title I is amended by adding at the end thereof the following new item: "Sec. 128. Modification and continuance of treatment with respect to duties on high technology products.". TITLE IV—TRADE WITH ISRAEL SEC. 401. NEGOTIATION OF TRADE AGREEMENTS TO REDUCE TRADE BARRIERS. (a) Subsection (b) of section 102 of the Trade Act of 1974 (19 U.S.C. 21120))) is amended— (1) by striking out "Whenever" and inserting in lieu thereof "(1) Whenever", and 31-194 0 - 8 6 - 2 1 : QL.3 PartS
98 STAT. 3014 PUBLIC LAW 98-573—OCT. 30, 1984 (2) by adding at the end thereof the following new paragraphs: "(2XA) Trade agreements that provide for the elimination or reduction of any duty imposed by the United States may be entered into under paragraph (1) only with Israel. "(B) The negotiation of any trade agreement entered into under paragraph (1) with Israel that provides for the elimination or reduc- tion of any duty imposed by the United States shall take fully into account any product that benefits from a discriminatory preferen- tial tariff arrangement between Israel and a third country if the tariff preference on such product has been the subject of a challenge by the United States Government under the authority of section 301 19 use 2411. of the Trade Act of 1974 and the General Agreement on Tariffs and TIAS1700. Trade. "(C) Notwithstanding any other provision of this section, the requirements of subsections (c) and (e)(1) shall not apply to any trade agreement entered into under paragraph (1) with Israel that pro- vides for the elimination or reduction of any duty imposed by the United States. "(3) Notwithstanding any other provision of law, no trade benefit shall be extended to any country by reason of the extension of any trade benefit to another country under a trade agreement entered into under pars^aph (1) with such other country. "(4XA) Notwithstanding paragraph (2), a trade ^ e e m e n t that provides for the elimination or reduction of any duty imposed by the United States may be entered into under paragraph (1) with any country other than Israel if— (i) such country requested the negotiation of such an agree- ment, and "(ii) the President, at least 60 days prior to the date notice is provided under subsection (eXl)— "(I) provides written notice of such negotiations to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, and "(II) consults with such committees regarding the negoti- ation of such agreement. 19 use 2191. "(B) The provisions of section 151 shall not apply to an implement- ing bill (within the meaning of section 151(b)) if— "(i) such implementing bill contains a provision approving of any trade agreement which— "(I) is entered into under this section with any country other than Israel, and "(II) provides for the elimination or reduction of any duty imposed by the United States, and "(ii) either— "(I) the requirements of subparagraph (A) were not met with respect to the negotiation of such agreement, or "(II) the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representa- tives disapproved of the negotiation of such agreement before the close of the 60-day period which begins on the date notice is provided under subsection (AXiiXD with respect to the negotiation of such agreement. "(C) The 60-day period described in subparagraphs (AXii) and (BXii)(II) shall be computed without regard to— "(i) the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die, and
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3015 "(ii) any Saturday and Sunday, not excluded under clause (i), when either House of Congress is not in session.", (b) Paragraph (1) of section 102(g) of the Trade Act of 1974 (19 U.S.C. 2112(g)) is amended to read as follows: "(1) the term 'barrier' includes— "(A) the American selling price basis of customs evalua- tion as defined in section 402 or 402a of the Tariff Act of 1930, as appropriate, and "(B) any duty or other import restriction;". (cXD Section 102 of the Trade Act of 1974 (19 U.S.C. 2112) is amended by striking out "Nontariff' in the heading. (2) The table of contents of the Trade Act of 1974 is amended by striking out "Nontariff in the item relating to section 102. SEC. 402. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES. 19 USC 2112 (a)(1) Any trade agreement entered into with Israel under section 102(bXl) of the Trade Act of 1974 may provide for the reduction or Ante, p. 3013. elimination of any duty imposed by the United States with respect to any article only if— (A) that article is the growth, product, or manufacture of Israel or is a new or different article of commerce that has been grown, produced, or manufactured in Israel; (B) that article is imported directly from Israel into the customs territory of the United States; and (C) the sum of— (i) the cost of value of the materials produced in Israel, plus (ii) the direct costs of processing operations performed in Israel, is not less than 35 percent of the appraised value of such article at the time it is entered. If the cost or value of materials produced in the customs territory of the United States is included with respect to an article to which this subsection applies, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied toward determining the percentage referred to in subparagraph (C). (2) No article may be considered to be an eligible Israeli article by virtue of having merely undergone— (A) simple combining or packaging operations; or (B) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. (b) As used in this section, the phrase "direct costs of processing operations" includes, but is not limited to— (1) all actual labor costs involved in the growth, production, manufacture, or assembly of the specific merchandise, including fringe benefits, on-the-job training and the cost of engineering, supervisory, quality control, and similar personnel; and (2) dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the specific merchandise. Such phrase does not include costs which are not directly attributa- ble to the merchandise concerned, or are not costs of manufacturing the product, such as (A) profit, and (B) general expenses of doing business which are either not allocable to the specific merchandise or are not related to the growth, production, manufacture, or assem- bly of the merchandise, such as administrative salaries, casualty
98 STAT. 3016 PUBLIC LAW 98-573—OCT. 30, 1984 and liability insurance, advertising, and salesmen's salaries, com- missions or expenses. (c) REGULATIONS.—The Secretary of the Treasury, after consulta- tion with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section. 19 u s e 2112 SEC. 403. APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS. "°^ (a) SUSPENSION OF DUTY-FREE TREATMENT.—The President may by proclamation suspend the reduction or elimination of any duty provided under any trade agreement provision entered into with Israel under the authority of section 1020t)Xl) of the Trade Act of Ante, p. 3013. 1974 with respect to any article and may proclaim a duty rate for such Eirticle if such action is proclaimed under section 203 of the 19 use 2253, Trade Act of 1974 or section 232 of the Trade Expansion Act of 1962. 1862. (b) ITC REPORTS.—In any report by the United States Interna- tional Trade Commission (hereinafter referred to in this title as the "Commission") to the President under section 201(dXl) of the Trade 19 use 2251. Act of 1974 regarding any article for which a reduction or elimina- tion of any duty is provided under a trade agreement entered into with Israel under section 102(bXl) of the Trade Act of 1974, the Commission shall state whether and to what extent its findings and recommendations apply to such an article when imported from Israel. (c) For purposes of subsections (a) and (c) of section 203 of the Trade Act of 1974, the suspension of the reduction or elimination of a duty under subsection (a) shall be treated as an increase in duty. (d) No proclamation which provides solely for a suspension referred to in subsection (a) with respect to any article shall be made under subsections (a) and (c) of section 203 of the Trade Act of 1974 unless the Commission, in addition to making an affirmative deter- mination with respect to such article under section 201(b) of the Trade Act of 1974, determines in the course of its investigation under that section that the serious injury (or threat thereof sub- stantially caused by imports to the domestic industry producing a like or directly competitive article results from the reduction or elimination of any duty provided under any trade agreement provi- sion entered into with Israel under section 102(bXl) of the Trade Act of 1974. (eXD Any proclamation issued under section 203 of the Trade Act of 1974 that is in effect when an agreement with Israel is entered into under section 1020t)Xl) of the Trade Act of 1974 shall remain in effect until modified or terminated. (2) If any article is subject to import relief at the time an agree- ment is entered into with Israel under section 102(bXl) of the Trade Act of 1974, the President may reduce or terminate the application of such import relief to the importation of such article before the otherwise scheduled date on which such reduction or termination would occur pursuant to the criteria and procedures of subsections (h) and (i) of section 203 of the Trade Act of 1974. 19 u s e 2112 SEC. 404. FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES. "°*®' (a) If a petition is filed with the Commission under the provisions of section 201 of the Trade Act of 1974 regarding a perishable product which is subject to any reduction or elimination of a duty imposed by the United States under a trade agreement entered into with Israel under section 1020t)Xl) of the Trade Act of 1974 and alleges injury from imports of that product, then the petition may
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3017 also be filed with the Secretary of Agriculture with a request that emergency relief be granted under subsection (c) with respect to such article. (b) Within 14 days after the filing of a petition under subsection (a)- (1) if the Secretary of Agriculture has reason to believe that a perishable product from Israel is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported product and that emergency action is warranted, he shall advise the President and recommend that the President take emergency action; or (2) the Secretary of Agriculture shall publish a notice of his determination not to recommend the imposition of emergency action and so advise the petitioner. (c) Within 7 days after the President receives a recommendation President of U.S. from the Secretary of Agriculture to take emergency action under subsection (b), he shall issue a proclamation withdrawing the reduc- tion or elimination of duty provided to the perishable product under any trade agreement provision entered into under section 102(b)(1) of the Trade Act of 1974 or publish a notice of his determination not Ante, p. 3013. to take emergency action. (d) The emergency action provided under subsection (c) shall cease to apply— (1) upon the proclamation of import relief under section 202(aXl) of the Trade Act of 1974; 19 use 2252. (2) on the day the President makes a determination under section 203(b)(2) of such Act not to impose import relief; 19 use 2253. (3) in the event of a report of the Commission containing a negative finding, on the day the Commission's report is submit- ted to the President; or (4) whenever the President determines that because of changed circumstances such relief is no longer warranted. (e) For purposes of this section, the term "perishable product" means any— (1) live plant provided for in subpart A of part 6 of schedule 1 of the Tariff Schedules of the United States (19 U.S.C. 1202, hereinafter referred to as the "TSUS"); (2) vegetable provided for in schedule 1, part 8, of the TSUS; (3) fresh mushroom provided for in item 144.10 of the TSUS; (4) edible nut or fruit provided for in schedule 1, part 9, of the TSUS; (5) fresh cut flower provided for in items 192.17, 192.18, and 192.21 of the TSUS; and (6) concentrated citrus fruit provided for in items 165.25 and 165.35 of the TSUS. (f) No trade agreement entered into with Israel under section 102(b)(1) of the Trade Act of 1974 shall affect fees imposed under section 22 of the Agricultural Adjustment Act (7 U.S.C. 624). SEC. 406. CONSTRUCTION OF TITLE. 19 USC 2112 Neither the taking effect of any trade agreement provision entered into with Israel under section 102(b)(1), nor any proclama- tion issued to implement any such provision, may affect in any manner, or to any extent, the application to any Israeli articles of section 232 of the Trade Expansion Act of 1962, section 337 of title 19 USC 1862.
98 STAT. 3018 PUBLIC LAW 98-573—OCT. 30, 1984 19 use 1337, v n of the Tariff Act of 1930, chapter 1 of title II and chapter 1 of 19 use 2251 et *^*^? ^^^ °^ *^® Trade Act of 1974, or any other provision of law under seq., 2411 et seq. which relief from injury caused by import competition or by unfair import trade practices may be sought. Generalized TITLE V—GENERALIZED SYSTEM OF SSnces PREFERENCES RENEWAL Renewal Act of 1984. SECTION 501. SHORT TITLE; STATEMENT OF PURPOSE. 19 use 2101 (a) This title may be cited as the "Generalized System of Prefer- note. ences Renewal Act of 1984". 19 use 2461 (b) The purpose of this title is to— not®- (1) promote t h e development of developing countries, which often need temporary preferential advantages to compete effec- tively with industrialized countries; (2) promote the notion that trade, rather than aid, is a more effective and cost-efficient way of promoting broad-based sus- tained economic development; (3) take advantage of the fact that developing countries pro- vide the fastest growing markets for United States exports and that foreign exchange earnings from trade with such countries through the Generalized System of Preferences can further stimulate United States exports; (4) allow for the consideration of the fact that there are significant differences among developing countries with respect to their general development and international competitiveness; (5) encourage the providing of increased trade liberalization measures, thereby setting an example to be emulated by other industrialized countries; (6) recognize that a large number of developing countries must generate sufficient foreign exchange earnings to meet international debt obligations; (7) promote the creation of additional opportunities for trade among the developing countries; (8) integrate developing countries into the international trad- ing system with its attendant responsibilities in a manner commensurate with their development; (9) encourage developing countries— (A) to eliminate or reduce significant barriers to trade in goods and services and to investment, (B) to provide effective means under which foreign na- tionals may secure, exercise, and enforce exclusive intellec- tual property rights, and (C) to afford workers internationally recognized worker rights; and (10) address the concerns listed in the preceding paragraphs in a manner that— (A) does not adversely affect United States producers and workers, and (B) conforms to the international obligations of the United States under the General Agreement on Tariffs and TIAS1700. Trade. SEC. 502. CONSIDERATION OF A BENEFICIARY DEVELOPING COUNTRY'S COMPETITIVENESS IN EXTENDING PREFERENCES. Section 501 of the Trade Act of 1974 (19 U.S.C. 2461) is amended—
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3019 (1) by inserting "through the expansion of their exports" before the semicolon at the end of paragraph (1); (2) by striking out "and" at the end of paragraph (2); (3) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; and"; and (4) by adding at the end thereof the following new paragraph: "(4) the extent of the beneficiary developing country's competi- tiveness with respect to eligible articles.". SEC. 503. AMENDMENTS RELATING TO THE BENEFICIARY DEVELOPING COUNTRY DESIGNATION CRITERIA. (a) Section 502(a) of the Trade Act of 1974 (19 U.S.C. 2462(a)) is amended by adding at the end thereof the following new paragraph: "(4) For purposes of this title, the term 'internationally recognized worker rights' includes— "(A) the right of association; "(B) the right to organize and bargain collectively; "(C) a prohibition on the use of any form of forced or compulsory labor; "(D) a minimum age for the employment of children; and "(E) acceptable conditions of work with respect to minimum weiges, hours of work, and occupational safety and health.". (b) Section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is amended— (1) by striking out "Hungary" in the list of countries preced- ing paragraph (1); (2) by inserting ", including patents, trademarks, or copy- rights" after "control of such property" in paragraph (4) (A) and (B); (3) by inserting ", including patents, trademarks, or copy- rights" after "control of such property" in paragraph (4)(C); (4) by striking out "and" at the end of paragraph (6); (5) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and"; (6) by inserting after paragraph (7) the following new paragraph: "(8) if such country has not taken or is not taking steps to afford internationally recognized worker rights to workers in the country (including any designated zone in that country)."; and (7) by striking out "and (7)" in the unnumbered paragraph at the end of the subsection and inserting in lieu thereof "(7), and (8)". (c) Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462) is amended— (1) by striking out "and" at the end of paragraph (3); (2) by striking out the period at the end of paragraph (4) and of inserting in lieu thereof the following: "and the extent to which such country has assured the United States that it will refrain from engaging in unreasonable export practices;", and (3) by adding at the end thereof the following new paragraphs: "(5) the extent to which such country is providing adequate and effective means under its laws for foreign nationals to secure, to exercise, and to enforce exclusive rights in intellec- tual property, including patents, trademarks, and copyrights; "(6) the extent to which such country has taken action to—
98 STAT. 3020 PUBLIC LAW 98-573—OCT. 30, 1984 "(A) reduce trade distorting investment practices and policies (including export performance requirements); and "(B) reduce or eliminate barriers to trade in services; and "(7) whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights.". SEC. 504. REGULATIONS; ARTICLES WHICH MAY NOT BE DESIGNATED AS ELIGIBLE ARTICLES. (a) Section 503(b) of the Tariff Act of 1930 (19 U.S.C. 2463(b)) is amended by inserting ", after consulting with the United States Trade Representative," immediately after "The Secretary of the Treasury in the last sentence thereof. (b) Section 503(c)(1)(E) of the Trade Act of 1974 (19 U.S.C. 2463(c)(1)(E)) is amended to read as follows: "(E) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible arti- cles for purposes of this title on April 1,1984,". SEC. 505. LIMITATIONS ON PREFERENTIAL TREATMENT. (a) Section 504(a) of the Trade Act of 1974 (19 U.S.C. 2464) is amended— (1) by striking out "The President" and inserting in lieu thereof "(1) The President"; and (2) by adding at the end thereof the following new paragraph: President of U.S. "(2) The President shall, as necessary, advise the Congress and, by Report. no later than January 4, 1988, submit to the Congress a report on the application of sections 501 and 502(c), and the actions the President has taken to withdraw, to suspend, or to limit the applica- tion of duty-free treatment with respect to any country which has Ante, p. 3019. failed to adequately take the actions described in section 502(c).". (b) Section 504 (c) and (d) of the Trade Act of 1974 (19 U.S.C. 2464 (c) and (d)) a e amended to read as follows: "(cXl) Subject to paragraphs (2) through (7) and subsection (d), whenever the President determines that any country— "(A) has exported (directly or indirectly) to the United States during a calendar year a quantity of an eligible article having an appraised value in excess of an amount which bears the same ratio to $25,000,000 as the gross national product of the United States for the preceding calendar year (as determined by the Department of Commerce) bears to the gross national prod- uct of the United States for calendar year 1974; or "(B) has exported (either directly or indirectly) to the United States a quantity of any eligible article equal to or exceeding 50 percent of the appraised value of the total imports of such article into the United States during any calendar year; then, not later than July 1 of the next calendar year, such country shall not be treated as a beneficiary developing country with respect to such article. "(2)(A) Not later than January 4,1987, and periodically therafter, the President shall conduct a general review of eligible articles based on the considerations described in section 501 or 502(c). "(B) If, after any review under subparagraph (A), the President determines that this subparagraph should apply because a benefici- ary developing country has demonstrated a sufficient degree of competitiveness (relative to other beneficiary developing countries)
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3021 with respect to any eligible article, then paragraph (1) shall be applied to such country with respect to such article by substituting— "(i) '1984' for '1974' in subparagraph (A), and "(ii) '25 percent' for '50 percent' in subparagraph (B). "(3)(A) Not earlier than January 4,1987, the President may waive the application of this subsection with respect to any eligible article of any beneficiary developing country if, before July 1 of the calen- dar year beginning after the calendar year for which a determina- tion described in paragraph (1) was made with respect to such eligible article, the President— "(i) receives the advice of the International Trade Commission on whether any industry in the United States is likely to be adversely affected by such waiver, "(ii) determines, based on the considerations described in sections 501 and 502(c) and the advice described in clause (i), Ante, pp. 3018, that such waiver is in the national economic interest of the 3019. United States, and "(iii) publishes the determination described in clause (ii) in Federal the Federal Register. Register, "(B) In making any determination under subparagraph (A), the publication. President shall give great weight to— "(i) the extent to which the beneficiary developing country has assured the United States that such country will provide equitable and reasonable access to the markets and basic com- modity resources of such country, and "(ii) the extent to which such country provides adequate and effective means under its law for foreign nationals to secure, to exercise, and to enforce exclusive rights in intellectual property, including patent, trademark, and copyright rights. "(C) Any waiver granted pursuant to this paragraph shall remain in effect until the President determines that such waiver is no longer warranted due to changed circumstances. "(D)(i) The President may not exercise the waiver authority pro- vided under subparagraph (A) with respect to a quantity of eligible articles entered in any calendar year which exceeds an aggregate value equal to 30 percent of the total value of all articles which entered duty-free under this title during the preceding calendar year. "(ii) The President may not exercise the waiver authority provided under subparagraph (A) with respect to a quantity of eligible arti- cles entered from any beneficiary developing country during any calendar year beginning after 1984 which exceeds 15 percent of the total value of all articles that have entered duty-free under this title during the preceding calendar year if for the preceding calendar year such beneficiary developing country— "(I) had a per capita gross national product (calculated on the basis of the best available information, including that of the World Bank) of $5,000 or more; or "(II) had exported (either directly or indirectly) to the United States a quantity of articles that was duty-free under this title that had an appraised value of more than 10 percent of the total imports of all articles that entered duty-free under this title during that year. "(iii) There shall be counted against the limitations imposed under clauses (i) and (ii) for any calendar year only that quantity of any eligible article of any country that—
98 STAT. 3022 PUBLIC LAW 98-573—OCT. 30, 1984 "(I) entered duty-free under this title during such calendar year; and "(II) is in excess of the quantity of that article that would have been so entered during such calendar year if the 1974 limitation applied under paragraph (IXA) and the 50 percent limitation applied under paragraph (IXB). Federal "(4) Except in any case to which paragraph (2XB) applies, the Register, President may waive the application of this subsection if, before publication. j ^ j y j ^f ^j^g calendar year beginning after the calendar year for which a determination described in paragraph (1) was made, the President determines and publishes in the Federal Register that, with respect to such country— "(A) there has been an historical preferential trade relation- ship between the United States and such country, ' (B) there is a treaty or trade agreement in force covering economic relations between such country and the United States, and "(C) such country does not discriminate against, or impose unjustifiable or unreasonable barriers to, United States commerce. "(5) A country which is no longer treated as a beneficiary develop- ing country with respect to an eligible article by reason of this subsection may be redesignated a beneficiary developing country with respnect to such article, subject to the provisions of sections 501 Ante, pp. 3018, and 502, if imports of such article from such country did not exceed ^^19- the limitations in paragraph (1) (after application of paragraph (2)) during the preceding calendar year. "(6XA) This subsection shall not apply to any beneficiary develop- ing country which the President determines, based on the consider- ations described in sections 501 and 502(c), to be a least-developed beneficiary developing country. "(B) The President shall— "(i) make a determination under subparagraph (A) with respect to each beneficiary developing country before July 4, 1985, and periodically thereafter, and "(ii) notify the Congress at least 60 days before any such determination becomes final. "(7) For purposes of this subsection, the term 'country' does not include an association of countries which is treated as one country under section 502(aX3), but does include a country which is a member of any such association. "(dXD Subsection (cXlXB) (after application of subsection (cX2)) shall not apply with respect to any eligible article if a like or directly competitive article is not produced in the United States on January 3,1985. "(2) The President may disregard subsection (cXl)(B) with respect to any eligible article if the appraised value of the total imports of such article into the United States during the preceding calendar year is not in excess of an amount which bears the same ratio to $5,000,000 as the gross national product of the United States for that calendar year (as determined by the Department of C!ommerce) bears to the gross national product of the United States for calendar year 1979.". (c) Section 504 (19 U.S.C. 2464) is amended by adding at the end thereof the following new subsection: "(fXD If the President determines that the per capita gross national product (calculated on the basis of the best available mfor-
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3023 mation, including that of the World Bank) of any beneficiary devel- oping country for any calendar year (hereafter in this subsection referred to as the 'determination year') after 1984, exceeds the applicable limit for the determination year— "(A) subsection (cXlXB) shall be applied for the 2-year period beginning on July 1 of the calendar year succeeding the deter- mination year by substituting '25 percent' for '50 percent', and "(B) such country shall not be treated as a beneficiary devel- oping country under this title after the close of such 2-year period. "(2XA) For purposes of this subsection, the term 'applicable limit' means the sum of— "(i) $8,500, plus "(ii) 50 percent of the amount determined under subpara- graph (B) for the determination year. "(B) The amount determined under this subparagraph for the determination year is an amount equal to— "(i) $8,500, multiplied by "(ii) the percentage determined by dividing— "(I) the excess, if any, of the gross national product of the United States (as determined by the Secretary of Com- merce) for the determination year over the gross national product of the United States for 1984, by "(II) the gross national product for 1984.". SEC. 506. EXTENSION OF THE GENERALIZED SYSTEM OF PREFERENCES AND REPORTS. (a) Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended to read as follows: "SEC. 505. TERMINATION OF DUTY-FREE TREATMENT AND REPORTS. "(a) No duty-free treatment provided under this title shall remain in effect after July 4,1993. "(b) On or before January 4, 1990, the President shall submit to Reports. the Congress a full and complete report regarding the operation of this title. "(c) The President shall submit an annual report to the C!!ongress on the status of internationally recognized worker rights within each beneficiary developing country." (b) CONFORMING AMENDMENT.—'The table of contents of the Trade Act of 1974 is amended by striking out the item relating to section 505 and inserting in lieu thereof the following: "Sec. 505. Termination of duty-free treatment and reports.". SEC. 507. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING COUN- TRIES. (a) Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) is further amended by adding at the end thereof the following new section: "SEC. 506. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING 19 USC 2466. COUNTRIES. "The appropriate agencies of the United States shall assist benefi- ciary developing countries to develop and implement measures designed to assure that the agricultural sectors of their economies are not directed to export markets to the detriment of the produc- tion of foodstuffs for their citizenry."
98 STAT. 3024 PUBLIC LAW 98-573—OCT. 30, 1984 (b) The table of contents of such Act of 1974 is amended by adding after the item relating to item 505 the following: "Sec. 506. Agricultural exports of beneficiary developing countries.". 19 u s e 2461 SEC. 508. EFFECTIVE DATE. The amendments made by this title shall take effect on January 4, 1985. TITLE VI—TRADE LAW REFORM SEC. 601. REFERENCE. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a title, subtitle, part, section, or other provision, the reference shall be considered to be made to a title, subtitle, part, section, or other provision of the Tariff Act of 1930 (19 U.S.C 1202 et seq.). SEC. 602. SALES FOR IMPORTATION. (a)(1) Section 701(a) (19 U.S.C. 1671(a)) is amended— (A) by inserting ", or sold (or likely to be sold) for importa- tion," after "imported" in paragraph (1); (B) by inserting "or by reason of sales (or the likelihood of sales) of that merchandise for importation" immediately after "by reason of imports of that merchandise" in paragraph (2); and (C) by adding at the end thereof the following new sentence: "For purposes of this subsection and section 7050t>)(l), a refer- ence to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equiva- lent to the sale of the merchandise.". 19 use I67id. (2) Section 705(b)(1) (19 U.S.C. 1671(b)(1)) is amended by inserting ", or sales (or the likelihood of sales) for importation," immediately after "by reason of imports". (b) Section 731 (19 U.S.C. 1673) is amended— (1) by inserting "or by reason of sales (or the likelihood of sales) of that merchandise for importation" immediately after "by reason of imports of that merchandise" in paragraph (2), and (2) by adding at the end thereof the following new sentence: Infra. "For purposes of this section and section 735(b)(1), a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.". (c) Section 735(b)(1) (19 U.S.C. 1673d(b)(l)) is amended by adding ", or sales (or the likelihood of sales) for importation," after "by reason of imports". SEC. 603. WAIVER OF VERIFICATION. Section 703(b) (19 U.S.C. 1671b(b)) is amended by adding at the end thereof the following new paragraph: "(3) PRELIMINARY DETERMINATION UNDER WAIVER OF VERIFICA- TION.—Within 55 days after the initiation of an investigation the administering authority shall cause an official designated for such purpose to review the information concerning the case received during the first 50 days of the investigation, and, if
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3025 there appears to be sufficient information available upon which the determination can reasonably be based, to disclose to the petitioner and any interested party, then a party to the proceed- ings that requests such disclosure, all available nonconfidential information and all other information which is disclosed pursu- ant to section 777. Within 3 days (not counting Saturdays, Post, p. 3038. Sundays, or legal public holidays) after such disclosure, the petitioner and each party which is an interested party described in subparagraph (C), (D), (E), or (F) of section 771(9) to whom Post, p. 3033. such disclosure was made may furnish to the administering authority an irrevocable written waiver of verification of the information received by the authority, and an £igreement that it is willing to have a determination made on the basis of the record then available to the authority. If a timely waiver and agreement have been received from the petitioner and each party which is an interested party described in subparagraph (C), (D), (E), or (F) of section 771(9) to whom the disclosure was made, and the authority finds that sufficient information is then available upon which the preliminary determination can reasonably be based, a preliminary determination shall be made on an expedited basis on the basis of the record established during the first 50 days after the investigation was initiated.". SEC. 604. TERMINATION OR SUSPENSION OF INVESTIGATION. (a) Section 704 (19 U.S.C. 1671c) is amended— (1) by amending subsection (a) to read as follows: "(a) TERMINATION OF INVESTIGATION UPON WITHDRAWAL OF PETITION.— "(1) I N GENERAL.—Except as provided in paragraphs (2) and (3), an investigation under this subtitle may be terminated by either the administering authority or the Commission, after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner or by the administering authority if the investigation was initiated under section 702(a). 19 USC I67ia. "(2) SPECIAL RULES FOR QUANTITATIVE RESTRICTION AGREEMENTS.— "(A) IN GENERAL.—Subject to subparagraphs (B) and (C), the administering authority may not terminate an investi- gation under paragraph (1) by accepting, with the govern- ment of the country in which the subsidy practice is alleged to occur, an understanding or other kind of agreement to limit the volume of imports into the United States of the merchandise that is subject to the investigation unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest. "(B) PuBUC INTEREST FACTORS.—In making a decision under subparagraph (A) regarding the public interest, the administering authority shall take into account— "(i) whether, b£ised upon the relative impact on con- sumer prices and the availability of supplies of the merchandise, the agreement would have a greater ad- verse impact on United States consumers than the imposition of countervailing duties; "(ii) the relative impact on the international eco- nomic interests of the United States; and "(iii) the relative impact on the competitiveness of the domestic industry producing the like merchandise.
98 STAT. 3026 PUBLIC LAW 98-573—OCT. 30, 1984 including any such impact on emplojmient and invest- ment in that industry. "(C) PRIOR CONSULTATIONS.—Before making a decision under subparagraph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with— "(i) potentially affected consuming industries; and "(ii) potentially affected producers and workers in the domestic industry producing the like merchandise, including producers and workers not psirty to the investigation. "(3) LIMITATION ON TERMINATION BY COMMISSION.—The Com- mission may not terminate an investigation under paragraph (1) before a preliminary determination is made by the administer- Ante, p. 3024. ing authority under section 703(b)."; (2) by amending subsection (d)— (A) by ad(ting a t the end of paragraph (1) the following: "In appljdng subparagraph (A) with respect to any quantitative restriction agreement under subsection (c), the administering authority shall take into account, in addition to such other factors as are considered necessary or appropriate, the factors set forth in subsection (aX2XB) (i), (ii), and (iii) as they apply to the proposed suspension and agreement, after consulting with the appropriate consuming industries, producers, and workers referred to in subsection (aX2XC) (i) and (ii).". (B) by striking out paragraph (2), and (C) by redesignating paragraph (3) as paragraph (2); (3) by amending subsection (eX3), by striking out "all parties to the investigation" and inserting in lieu thereof "all inter- pose, p. 3033. ested parties described in section 771(9)"; (4) by amending subsection (iXl)— (A) by striking out "and" at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), and (C) by inserting immediately after subparagraph (C) the following new subparagraph: "(D) if it considers the violation to be international, notify the Commissioner of Customs who shall take appropriate action under paragraph (2), and"; and (5) by adding at the end thereof the following new subsection: "(k) TERMINATION OF INVESTIGATIONS INITIATED BY ADMINISTERING AuTHORTTY.—The administering authority may terminate any inves- tigation initiated by the administering authority under section 19 use 1671a. 702(a) after providing notice of such termination to all parties to the investigation.", (b) Section 734 (19 U.S.C. 1673c) is amended— (1) by amending subsection (a) to read as follows: "(a) TERMINATION OF INVESTIGATION UPON WITHDRAWAL OF PETITION.— "(1) I N GENERAL.—Except as provided in parsigraphs (2) and (3), an investigation under this subtitle may be terminated by either the administering authority or the Commission, after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner or by the administering authority if Post, p. 3030. the investigation was initiated under section 732(a). "(2) SPECIAL RULES FOR QUANTITATIVE RESTRICTION AGREEMENTS.—
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3027 "(A) IN GENERAL.—Subject to subparagraphs (B) and (C), the administering authority may not terminate an investi- gation under paragraph (1) by accepting an understanding or other kind of agreement to limit the volume of imports into the United States of the merchandise that is subject to the investigation unless the administering authority is sat- isfied that termination on the basis of that agreement is in the public interest. "(B) PuBuc INTEREST FACTORS.—In making a decision under subparagraph (A) regarding the public interest the administering authority shall take into account— "(i) whether, based upon the relative impact on con- sumer prices and the availability of supplies of the merchandise, the agreement would have a greater ad- verse impact on United States consumers than the imposition of antidumping duties; "(ii) the relative impact on the international eco- nomic interests of the United States; and "(iii) the relative impact on the competitiveness of the domestic industry producing the like merchandise, including any such impact on employment and invest- ment in that industry. "(C) PRIOR CONSULTATIONS.—Before making a decision under subparagraph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with— "(i) potentially affected consuming industries; and "(ii) potentially affected producers and workers in the domestic industry producing the like merchandise, including producers and workers not party to the investigation. "(3) LIMITATION ON TERMINATION BY COMMISSION.—The Com- mission may not terminate an investigation under paragraph (1) before a preliminary determination is made by the administer- ing authority under section 733(b)."; 19 use 1673b. (2) by amending subsection (d) to read as follows: "(d) ADDITIONAL RULES AND CONDITIONS.—The administering au- thority may not accept an agreement under subsection (b) or (c) unless— "(1) it is satisfied that suspension of the investigation is in the public interest, and "(2) effective monitoring of the agreement by the United States is practicable."; (3) by amending subsection (e)(3) by striking out "all parties to the investigation" and inserting in lieii thereof "all interested parties described in section 771(9)"; Post, p. 3033. (4) by amending subsection (iXl)— (A) by striking out "and" at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), and (C) by inserting immediately after subparagraph (C) the following new subparagraph: "(D) if it considers the violation to be intentional, notify the Commissioner of Customs who shall take appropriate action under paragraph (2), and"; and (5) by adding at the end thereof the following new subsection:
98 STAT. 3028 PUBLIC LAW 98-573—OCT. 30, 1984 "(k) TERMINATION OF INVESTIGATION INITIATED BY ADMINISTERING AUTHORITY.—The administering authority may terminate any inves- tigation initiated by the administering authority under section Post, p. 3030. 732(a) after providing notice of such termination to all parties to the investigation.". SEC. 605. FINAL DETERMINATION OF CRITICAL CIRCUMSTANCES. (a)(1) Section 705(a)(2) (19 U.S.C. 1671d(aX2)) is amended by adding at the end thereof the following new sentence: "Such findings may be affirmative even though the preliminary determination under 19 use 1671b. section 703(e)(1) was negative.". (2) Section 705(c) is amended by adding at the end thereof the following new paragraph: "(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSEC- TION (a)(2).—If the determination of the administering author- ity under subsection (aX2) is affirmative, then the administering authority shall— "(A) in cases where the preliminary determinations by Ante, p. 3024. the administering authority under sections 7030)) and 703(e)(1) were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit, bond, or other security previously ordered under section 703(e)(2); "(B) in cases where the preliminary determination by the administering authority under section 703(b) was affirma- tive, but the preliminary determination under section 703(e)(1) was negative, shall modify any suspension of liqui- dation and security requirement previously ordered under section 703(d) to apply to unliquidated entries of merchan- dise entered, or withdrawn from warehouse, for consump- tion on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or "(C) in cases where the preliminary determination by the administering authority under section 703(b) was negative, shall apply any suspension of liquidation and security re- quirement ordered under subsection 705(c)(lXB) to unliqui- dated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.". (3) Section 705(cX3)(A) is amended by inserting "paragraph (4) or" after "under". (bXD Section 735(aX3) (19 U.S.C. 1673d(a)(3)) is amended by adding at the end thereof the following new sentence: "Such findings may be affirmative even though the preliminary determination under 19 use 1673b. section 733(eXl) was negative.". (2) Section 735(c) is amended by adding at the end thereof the following new paragraph: "(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSEC- TION (aXs).—If the determination of the administering author- ity under subsection (aX3) is affirmative, then the administering authority shall— "(A) in cases where the preliminary determinations by the administering authority under sections 733(b) and 733(eXl) were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3029 bond, or other security previously ordered under section 733(eX2); 19 use I673b. "(B) in cases where the preliminary determination by the administering authority under section 733(b) was affirma- tive, but the preliminary determination under section 733(eXl) was negative, shall modify any suspension of liqui- dation and security requirement previously ordered under section 733(d) to apply to unliquidated entries of merchan- dise entered, or withdrawn from warehouse, for consump- tion on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or "(C) in cases where the preliminary determination by the administering authority under section 733(b) was negative, shall apply any suspension of liquidation and security re- quirement ordered under subsection 735(c)(1)(B) to unliqui- dated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.". (3) Section 735(c)(3)(A) is amended by inserting "paragraph (4) or" 19 use I673d. after "under". SEC. 606. SIMULTANEOUS INVESTIGATIONS. Section 705(a)(1) (19 U.S.C. 1671d(aXl)) is amended to read as follows: "(1) IN GENERAL.—Within 75 days after the date of the prelim- inary determination under section 703(b), the administering Ante, p. 3024. authority shall make a final determination of whether or not a subsidy is being provided with respect to the merchandise; except that when an investigation under this subtitle is ini- tiated simultaneously with an investigation under subtitle B, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investiga- tion initiated under subtitle B.". 19 use 1673. SEC. 607. COUNTERVAILING DUTIES APPLY ON COUNTRY-WIDE BASIS. Section 706(a) (19 U.S.C. 1671e(a)) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by adding after paragraph (1) the following new para- graph: "(2) shall presumptively apply to all merchandise of such class or kind exported from the country investigated, except that if— "(A) the administering authority determines there is a significant differential between companies receiving sub- sidy benefits, or "(B) a State-owned enterprise is involved, the order may provide for differing countervailing duties,". SEC. 608. CONDITIONAL PAYMENT OF COUNTERVAILING DUTIES. Subtitle A of title VII is amended by adding at the end thereof the following new section:
98 STAT. 3030 PUBLIC LAW 98-573—OCT. 30, 1984 19 u s e 1671h. "SEC. 709. CONDITIONAL PAYMENT OF COUNTERVAILING DUTY. "(a) IN GENERAL.—For all entries, or withdrawals from ware- house, for consumption of merchandise subject to a countervailing duty order on or after the date of publication of such order, no customs officer may deliver merchandise of that class or kind to the person by whom or for whose account it was imported unless that person complies with the requirement of subsection (b) and deposits with the appropriate customs officer an estimated countervailing duty in an amount determined by the administering authority. "(b) IMPORTER REQUIREMENTS.—In order to meet the requirements of this subsection, a person shall— "(1) furnish, or arrange to have furnished, to the appropriate customs officer such information as the administering authority deems necessary for ascertaining any countervailing duty to be imposed under this subtitle, "(2) maintain and furnish to the customs officer such records concerning such merchandise as the administering authority, by regulation, requires, and "(3) pay, or agree to pay on demand, to the customs officer the amount of countervailing duty imposed under this subtitle on that merchandise.". SEC. 609. INITIATION OF ANTIDUMPING DUTY INVESTIGATIONS. Section 732(a) (19 U.S.C. 1673a(a)) is amended to read as follows: "(a) INITIATION BY ADMINISTERING AUTHORITY.— "(1) I N GENERAL.—An antidumping duty investigation shall be commenced whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary 19 use 1673. for the imposition of a duty under section 731 exist. "(2) CASES INVOLVING PERSISTENT DUMPING.— "(A) MONITORING.—The administering authority may es- tablish a monitoring program with respect to imports of a class or kind of merchandise from any additional supplier country for a period not to exceed one year if— "(i) more than one antidumping order is in effect with respect to that class or kind of merchandise; "(ii) in the judgment of the administering authority there is reason to believe or suspect an extraordinary pattern of persistent injurious dumping from one or more additional supplier countries; and "(iii) in the judgment of the administering authority this extraordinary pattern is causing a serious commer- cial problem for the domestic industry. "(B) If during the period of monitoring referred to in subparagraph (A), the administering authority determines that there is sufficient information to commence a formal investigation under this subsection regarding an additional supplier country, the administering authority shall immedi- ately commence such an investigation. "(C) DEFINITION.—For purposes of this paragraph, the term 'additional supplier country' means a country regard- ing which no antidumping investigation is currently pend- ing, and no antidumping duty order is currently in effect, with respect to imports of the class or kind of merchandise covered by subparagraph (A).
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3031 "(D) EXPEDITIOUS ACTION.—The administering authority and the Commission, to the extent practicable, shall expe- dite proceedings under this subtitle undertaken as a result of a formal investigation commenced under subparagraph (B)." SEC. 610. DUTIES OF CUSTOMS OFFICERS. (a) Subtitle B of title VII is amended by striking out section 789. (b) The table of contents for such subtitle is amended by striking out "Sec. 739. Duties of customs officers.". SEC. 611. REVIEWS AND DETERMINATIONS. (a) Subtitle C (19 U.S.C. 1675) is amended— Repeal. (1) by amending the subtitle heading to read as follows: 19 use I673h. "Subtitle C—Reviews; Other Actions Regarding Agreements "CHAPTER 1—REVIEW OF AMOUNT OF DUTY AND AGREE- MENTS OTHER THAN QUANTITATIVE RESTRICTION AGREEMENTS"; (2) by amending section 751— 19 usc 1675. (A) by inserting "if a request for such a review has been received and" immediately before "after publication of notice" in that part of paragraph (1) of subsection (a) that precedes subparagraph (A); and (B) by amending subsection (b)(1)— (i) by striking out "704 or 734" and inserting in lieu thereof "704 (other than a quantitative restriction agreement described in subsection (a)(2) or (c)(3)) or 734 (other than a quantitative restriction agreement de- scribed in subsection (a)(2))", (ii) by striking out ", or 735(b)," and inserting in lieu thereof", 735(b), 762(a)(1), or 762(a)(2),", and (iii) by adding at the end of subsection (b)(1) the following: "During an investigation by the Commission, the party seeking revocation of an antidumping order shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant revocation of the antidumping order."; and (3) by adding "The administering authority shall not revoke, in whole or in part, a countervailing duty order or terminate a suspended investigation on the basis of any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy re- ceived." after the first sentence of subsection (c); (4) by adding at the end thereof the following new chapter: "CHAPTER 2—CONSULTATIONS AND DETERMINATIONS REGARDING QUANTITATIVE RESTRICTION AGREEMENTS "SEC. 761. REQUIRED CONSULTATIONS. 19 USC 1676. "(a) AGREEMENTS IN RESPONSE TO SuBsroiES.—Within 90 days after President of U.S. the administering authority accepts a quantitative restriction agree-
98 STAT. 3032 PUBLIC LAW 98-573—OCT. 30, 1984 Ante, p. 3025. ment under section 704 (aX2) or (cX3), the President shall enter into consultations with the government that is party to the agreement for purposes of— "(1) eliminating the subsidy completely, or "(2) reducing the net subsidy to a level that eliminates com- pletely the injurious effect of exports to the United States of the merchandise. "(b) MODIFICATION OF AGREEMENTS ON BASIS OF CONSULTATIONS.— At the direction of the President, the administering authority shall modify a quantitative restriction agreement as a result of consulta- tions entered into under subsection (a). "(c) SPECIAL RULE REGARDING AGREEMENTS UNDER SECTION 704(cX3).—This chapter shall cease to apply to a quantitative restric- tion agreement described in section 704(cX3) at such time as that agreement ceases to have force and effect under section 704(f) or violation is found under section 704(i). 19 u s e 1676a. "SEC. 762. REQUIRED DETERMINATIONS. "(a) IN GENERAL.—Before the expiration date, if any, of a quanti- tative restriction agreement accepted under section 704(a)(2) or 704(cX3) (if suspension of the related investigation is still in effect)— "(1) the administering authority shall, at the direction of the President, initiate a proceeding to determine whether any sub- sidy is being provided with respect to the merchandise subject to the agreement and, if being so provided, the net subsidy; and "(2) if the administering authority initiates a proceeding under paragraph (1), the Commission shall determine whether imports of the merchandise of the kind subject to the agreement will, upon termination of the agreement, materially injure, or threaten with material injury, an industry in the United States or materially retard the establishment of such an industry. "(b) DETERMINATIONS.—The determinations required to be made by the administering authority and the Commission under subsec- tion (a) shall be made under such procedures as the administering authority and the Commission, respectively, shall by regulation prescribe, and shall be treated as final determinations made under Ante, pp. 3024, section 705 for purposes of judicial review under section 516A. If the 3028, 3029. determinations by each are affirmative, the administering authority Post, p. 3040. shall— Ante, p. 3029. "(1) issue a countervailing duty order under section 706 effec- tive with respect to merchandise entered on and after the date on which the agreement terminates; and "(2) order the suspension of liquidation of all entries of mer- chandise subject to the order which are entered, or withdrawn from warehouse for consumption, on or after the date of publi- cation of the order in the Federal Register. "(c) HEARINGS.—The determination proceedings required to be prescribed under subsection Ob) shall provide that the administering authority and the Commission must, upon the request of any inter- pose, p. 3037. ested party, hold a hearing in accordance with section 774 on the issues involved.". (b) The table of contents for subtitle C of title VII is amended to read as follows:
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3033 "Subtitle C—Reviews; Other Actions Regarding Agreements "Chapter 1—REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN QUANTITATIVE RESTRICTION AGREEMENTS "Sec. 751. Administrative review of determinations. "Chapter 2—CONSULTATIONS AND DETERMINATIONS REGARDING QUANTITATIVE RESTRICTION AGREEMENTS "Sec. 761. Required consultations "Sec. 762. Required determinations.". (c) 104(bX2) of the Trade Agreements Act of 1979 (19 U.S.C. 1671, note) is amended by adding at the end thereof the following new sentence: "A negative determination by the Commission under this paragraph shall not be based, in whole or in part, on any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received.". SEC. 612. DEFINITIONS AND SPECIAL RULES. (a) Section 771 (19 U.S.C. 1677) is amended as follows: (1) Paragraph (4)(A) is amended bv inserting before the period at the end thereof the following: ; except that in the case of wine and grape products subject to investigation under this title, the term also means the domestic producers of the princi- pal raw agricultural product (determined on either a volume or value basis) which is included in the like domestic product, if those producers allege material injury, or threat of material injury, as a result of imports of such wine and grape products". (2) Paragraph (7) is amended— (A) by inserting the following new clause at the end of subparagraph (C): "(iv) CUMULATION.—For purposes of clauses (i) and (ii), the Commission shall cumulatively assess the volume and effect of imports from two or more coun- tries of like products subject to investigation if such imports compete with each other and with like prod- ucts of the domestic industry in the United States market."; and (B) by inserting after subparagraph (E) the following new subparagraph: "(F) THREAT OF MATERIAL INJURY.— "(i) IN GENERAL.—In determining whether an indus- try in the United States is threatened with material injury by reason of imports (or sales for importation) of any merchandise, the Commission shall consider, among other relevant economic factors— "(I) If a subsidy is involved, such information as may be presented to it by the administering authority as to the nature of the subsidy (particu- larly as to whether the subsidy is an export subsidy inconsistent with the Agreement), "(II) any increase in production capacity or exist- ing unused capacity in the exporting country likely to result in a significant increase in imports of the merchandise to the United States, "(III) any rapid increase in United States market penetration and the likelihood that the penetra- tion will increase to an injurious level,
98 STAT. 3034 PUBLIC LAW 98-573—OCT. 30, 1984 "(IV) the probability that imports of the mer- chandise will enter the United States at prices that will have a depressing or suppressing effect on domestic prices of the merchandise, "(V) any substantial increase in inventories of the merchandise in the United States, "(VI) the presence of underutilized capacity for producing the merchandise in the exporting coun- try, "(VII) any other demonstrable adverse trends that indicate the probability that the importation (or sale for importation) of the merchandise (whether or not it is actually being imported at the time) will be the cause of actual injury, and "(VIII) the potential for product-shifting if pro- duction facilities owned or controlled by the for- eign manufacturers, which can be used to produce products subject to investigation(s) under section 19 use 1671, 701 or 731 or to find orders under section 706 or l^"^^- 736, are also used to produce the merchandise 167^^ ^^^^^' under investigation. ®' "(ii) BASIS FOR DETERMINATION.—Any determination by the Commission under this title that an industry in the United States is threatened with material injury shall be made on the basis of evidence that the threat of material injury is real and that actual injury is imminent. Such a determination may not be made on the basis of mere conjecture or supposition." (3) Paragraph (9) is amended— (A) by striking out "and" at the end of subparagraph (D); (B) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof ", and"; and (C) by adding at the end thereof the following new sub- paragraph: "(F) an association, a majority of whose members is com- posed of interested parties described in subparagraph (C), (D), or (E) with respect to a like product.". (4) Paragraph (14) is amended by striking out "at wholesale" and inserting in lieu thereof "in commercial quantities". (5) Paragraph (17) is amended by striking out "wholesale quantities each place it appears in the heading and the text and inserting in lieu thereof commercial quantities". (b)(1) Section 514(a) (19 U.S.C. 1514(a)) is amended by striking out "771(9) (C), (D), and (E) of this Act." and inserting in lieu thereof "771(9) (C), (D), (E), and (F) of this Act.". (2) Sections 704 (g)(2) and (hXD and 734 (g)(2) and (h)(1) (19 U.S.C. 1671c (g)(2) and (h)(1) and 1673c (g)(2) and (h)(1)) are each amended by striking out "(C), (D), or (E)" and inserting in lieu thereof "(C), (D), (E), and (F)". (3) Section 2631(kX2) of title 28, United States Code, is amended— (A) by striking out "and" at the end of subparagraph (C), (B) by striking out the period at the end of subparagraph (D), and inserting in lieu thereof ", and", and (C) by adding at the end thereof the following new subparagraph: "(E) an association composed of members who represent par- ties-at-interest described in subparagraph (B), (C), or (D).".
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3035 SEC. 613. UPSTREAM SUBSIDIES. (a) Subtitle D of title VII is amended by adding after section 771 the following new section: "SEC. 771A. UPSTREAM SUBSIDIES. 19 USC 1677-1. "(a) DEFINITION.—The term 'upstream subsidy' means any subsidy described in section 771(5)(B) (i), (ii), or (iii) by the government of a 19 use 1677. country that— (1) is paid or bestowed by that government with respect to a product (hereafter referred to £is an 'input product') that is used in the manufacture or production in that country of merchan- dise which is the subject of a countervailing duty proceeding; "(2) in the judgment of the administering authority bestows a competitive benefit on the merchandise; and "(3) has a significant effect on the cost of manufacturing or producing the merchandise. In applying this subsection, an association of two or more foreign countries, political subdivisions, dependent territories, or posses- sions of foreign countries organized into a customs union outside the United States shall be treated as being one country if the subsidy is provided by the customs union. "(b) DETERMINATION OF COMPETITIVE BENEFIT.— "(1) IN GENERAL.—Except as provided in paragraph (2), the administering authority shall decide that a competitive benefit has been bestowed when the price for the input product referred to in subsection (a)(1) for such use is lower than the price that the manufacturer or producer of merchandise which is the subject of a countervailing duty proceeding would otherwise pay for the product in obtaining it from another seller in an arms- length transaction. "(2) ADJUSTMENTS.—If the administering authority has deter- mined in a previous proceeding that a subsidy is paid or be- stowed on the input product that is used for comparison under paragraph (1), the administering authority may (A) where ap- propriate, adjust the price that the manufacturer or producer of merchandise which is the subject of such proceeding would otherwise pay for the product to reflect the effects of the subsidy, or (B) select in lieu of that price a price from another source. "(c) INCLUSION OF AMOUNT OF SUBSIDY.—If the administering authority decides, during the course of a countervailing duty pro- ceeding that an upstream subsidy is being or has been paid or bestowed regarding the merchandise under investigation, the ad- ministering authority shall include in the amount of any counter- vailing duty imposed on the merchandise an amount equal to the amount of the competitive benefit referred to in subparagraph (1)(B), except that in no event shall the amount be greater than the amount of subsidization determined with respect to the upstream product.". (b) Section 701 of the Tariff Act of 1930 (19 U.S.C. 1671) is further amended by adding at the end thereof the following new subsection: "(g) Whenever the administering authority has reasonable grounds to believe or suspect that an upstream subsidy, as defined in section 771A(a)(l), is being paid or bestowed, the administering Supra. authority shall investigate whether an upstream subsidy has in fact been paid or bestowed, and if so, shall include the amount of the upstream subsidy as provided in section 771A(a)(3).",
98 STAT. 3036 PUBLIC LAW 98-573—OCT. 30, 1984 (c) Section 703 of the Tariff Act of 1930 (19 U.S.C. 1617b) is further amended by adding at the end thereof the following new subsection: "(h) TIME PERIOD WHERE UPSTREAM SUBSIDIZATION INVOLVED.— "(1) IN GENERAL.—Whenever the administering authority con- cludes prior to a preliminary determination under section Ante, p. 3024. 703(b), that there is a reasonable basis to believe or suspect that an upstream subsidy is being bestowed, the time period within which a preliminary determination must be made shall be extended to 250 days after the filing of a petition under section 19 u s e 1671a. 702(b) or commencement of an investigation under section 702(a) (310 days in cases declared extraordinarily complicated under section 703(c)), if the administering authority concludes that such additional time is necessary to make the required determination concerning upstream subsidization. "(2) EXCEPTIONS.—Whenever the administering authority con- cludes, after a preliminary determination under section 703(b), that there is a reasonable basis to believe or suspect that an upstream subsidy is being bestowed— "(A) in cases in which the preliminary determination was negative, the time period within which a final determina- tion must be made shall be extended to 165 days under Ante, pp. 3029, section 705(aXl) or 225 days under section 705(a)(2), as 3028. appropriate; or "(B) in cases in which the preliminary determination is affirmative, the determination concerning upstream subsidization— "(i) need not be made until the conclusion of the first Ante, p. 3031. annual review under section 751 of any eventual Coun- tervailing Duty Order, or, at the option of the peti- tioner, or "(ii) will be made in the investigation and the time period within which a final determination must be made shall be extended to 165 days under section 705(aX2), as appropriate, except that the suspension of liquidation ordered in the preliminary determination shall terminate at the end of 120 days from the date of publication of that determination and not be resumed unless and until the publication of a Countervailing Ante, p. 3029. Duty Order under section 706(a). There may be an extension of time for the making of a final determination under this subsection only if the administering au- thority determines that such additional time is necessary to make the required determination concerning upstream subsidization.", (b) The table of contents for title VII is amended by inserting after the entry for section 771 the following: "Sec. 771A. Upstream subsidies.". SEC. 614. RESELLER'S PRICE TAKEN INTO ACCOUNT IN DETERMINING PURCHASE PRICE. Section 772(b) (19 U.S.C. 1677a(b)) is amended by inserting "a reseller or" after "date of importation, from". SEC. 615. FOREIGN MARKET VALUE. Section 773 (19 U.S.C. 1677b) is amended— (1) by striking out "time of exportation of such merchandise to the United States" and inserting in lieu thereof "time such
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3037 merchandise is first sold within the United States by the person for whom (or for whose account) the merchandise is imported to any other person who is not described in subsection (e)(3) with respect to such person" in subsection (a)(1); (2) by striking out "wholesale quantities" each place it ap- pears in the heading and the text and inserting in lieu thereof "commercial quantities"; and (3) by adding at the end thereof the following new subsection: "(g) EXPORTATION FROM AN INTERMEDIATE COUNTRY.—If— "(1) a reseller purchases the merchandise from the manufac- turer or producer of the merchandise, "(2) the manufacturer or producer of the merchandise does not know (at the time of the sale to such reseller) the country to which such reseller intends to export the merchandise, "(3) the merchandise is exported by, or on behalf of, such reseller to a country other than the United States, "(4) the merchandise enters the commerce of such country but is not substantially transformed in such country, and "(5) the merchandise is subsequently exported to the United States, such country shall be treated, for purposes of this section, as the country from which the merchandise was exported.". SEC. 616. HEARINGS. Section 774(a) (19 U.S.C. 1677c(a)) is amended to read as follows: "(a) INVESTIGATION HEARINGS.— "(1) IN GENERAL.—Except as provided in paragraph (2), the administering authority and the Commission shall each hold a hearing in the course of an investigation upon the request of any party to the investigation before making a final determina- tion under section 705 or 735. Ante, pp. 3024, "(2) EXCEPTION.—If investigations are initiated under subtitle 3028,3029. A and subtitle B regarding the same merchandise from the 19 USC 1671, same country within 6 months of each other (but before a final 1673. determination is made in either investigation), the holding of a hearing by the Commission in the course of one of the investiga- tions shall be treated as compliance with paragraph (1) for both investigations, unless the Commission considers that special circumstances require that a hearing be held in the course of each of the investigations. During any investigation regarding which the holding of a hearing is waived under this paragraph, the Commission shall allow any party to submit such additional written comment as it considers relevant.". SEC. 617. SUBSIDIES DISCOVERED DURING PROCEEDING. Section 775 (19 U.S.C. 1677d) is amended by striking out "investi- gation" each place it appears in the text and in the heading and inserting in lieu thereof "proceeding". SEC. 618. VERIFICATION OF INFORMATION. Section 776(a) (19 U.S.C. 1677e(a)) is amended to read as follows: "(a) GENERAL RULE.—The administering authority shall verify all information relied upon in making— "(1) a final determination in an investigation, "(2) a revocation under section 751(c), and Ante, p. 3031. "(3) a review and determination under section 751(a), if—
98 STAT. 3038 PUBLIC LAW 98-573—OCT. 30, 1984 "(A) verification is timely requested by an interested Ante, p. 3033. party as defined in section 771(9) (C), (D), (E), or (F), and "(B) no verification was made under this paragraph during the 2 immediately preceding reviews and determina- tions under that section of the same order, finding, or notice, except that this clause shall not apply if good cause for verification is shown. In publishing notice of any action referred to in paragraph (1), (2), or (3), the administering authority shall report the methods and proce- dures used to verify such information. If the administering author- ity is unable to verify the accuracy of the information submitted, it shall use the best information available to it as the basis for its action, which may include, in actions referred to in paragraph (1), the information submitted in support of the petition.". SEC. 619. RECORDS OF EX PARTE MEETINGS; RELEASE OF CONFIDENTIAL INFORMATION. Section 777 (19 U.S.C. 1677f) is amended— (1) by amending paragraph (3) of subsection (a) to read as follows: "(3) Ex PARTE MEETINGS.—The administering authority and the Commission shall maintain a record of any ex parte meeting between— "(A) interested parties or other persons providing factual information in connection with a proceeding, and "(B) the person charged with making the determination, or any person charged with making a final recommendation to that person, in connection with that proceeding, if information relating to that proceeding was presented or discussed at such meeting. The record of such an ex parte meeting shall include the identity of the persons present at the meeting, the date, time, and place of the meeting, and a sum- mary of the matters discussed or submitted. The record of the ex parte meeting shall be included in the record of the proceeding."; (2) by strilang out "submitted)" in the first sentence of subsec- tion (b) and inserting in lieu thereof "submitted, or an officer or employee of the United States Customs Service who is directly involved in conducting an investigation regarding fraud under this title)"; (3) by striking out the second sentence of subsection (b) and inserting in lieu thereof the following new sentence: "The ad- ministering authority and the Commission shall require that information for which confidential treatment is requested be accompanied by— "(A) either— "(i) a nonconfidential summary in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence, or "(ii) a statement that the information is not suscepti- ble to summary accompanied by a statement of the reasons in support of the contention, and "(B) either— "(i) a statement which permits the administering authority to release under administrative protective order, in accordance with subsection (c), the informa- tion submitted in confidence, or
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3039 "(ii) a statement that the information should not be released under administrative protective order."; and (4) by inserting "(before or after receipt of the information requested)" after "application," in subsection (cXlXA). SEC. 620. SAMPLING AND AVERAGING IN DETERMINING UNITED STATES PRICE AND FOREIGN MARKET VALUE. (a) Subtitle D of title VII (19 U.S.C. 1677a et seq.) is amended by adding immediately after section 777 the following new section: "SEC. 777A. SAMPLING AND AVERAGING. 19 u s e 1677f-l. "(a) IN GENERAL.—For the purpose of determining United States price or foreign market value under sections 772 and 773, and for 19 u s e 1677a; purposes of carrying out annual reviews under section 751, the ante, p. 3036. administering authority may— Ante, p. 3031. "(1) use averaging or generally recognized sampling tech- niques whenever a significant volume of sales is involved or a significant number of adjustments to prices is required, and "(2) decline to take into account adjustments which are insig- nificant in relation to the price or value of the merchandise. "(b) SELECTION OF SAMPLES AND AVERAGES.—The authority to select appropriate samples and averages shall rest exclusively with the administering authority; but such samples and averages shall be representative of the transactions under investigation.". (b) Subsection (f) of section 773 (19 U.S.C. 1677b(f)) is repealed. (c) The table of contents for title VII is amended by inserting after the entry for section 777 the following: "Sec. 777A. Sampling and averaging.". SEC. 62L INTEREST. Section 778 (19 U.S.C. 1677g) is amended to read as follows: "SEC. 778. INTEREST ON CERTAIN OVERPAYMENTS AND UNDERPAY- MENTS. "(a) GENERAL RULE.—Interest shall be payable on overpayments and underpayments of amounts deposited on merchandise entered, or withdrawn from warehouse, for consumption on and after— "(1) the date of publication of a countervailing or antidump- ing duty order under this title or section 303, or 19 u s e 1671; "(2) the date of a finding under the Antidumping Act, 1921. ante, p. 1303. "(b) RATE.—The rate of interest payable under subsection (a) for 19 u s e 160 note. any period of time is the rate of interest established under section 6621 of the Internal Revenue CJode of 1954 for such period.". 26 u s e 6621. SEC. 622. DRAWBACKS. (a) Title VII is amended— (1) by striking out section 740, and 19 u s e 16731. (2) by adding at the end of subtitle D the following new section: "SEC. 779. DRAWBACKS. 19 u s e 1677h. "For purposes of any law relating to the drawback of customs duties, countervailing duties and antidumping duties imposed by this title shall be treated as any other customs duties.". (b) The table of contents for such title is amended— (1) by striking out "Sec. 740. Antidumping duty treated as a r^ular duty for drawback purposes.";
98 STAT. 3040 PUBLIC LAW 98-573—OCT. 30, 1984 and (2) by adding at the end thereof "Sec. 779. Drawbacks.". SEC. 623. ELIMINATION OF INTERLOCUTORY APPEALS. (a) Section 516A(a) (19 U.S.C. 1516a(a)) is amended as follows: (1) Paragraph (1) is amended to read as follows: "(1) REVIEW OF CERTAIN DETERMINATIONS.—Within 30 days after the date of publication in the Federal Register of^ "(A) a determination by the administering authority, 19 use 1671a, under 702(c) or 732(c) of this Act, not to initiate an 1673a. investigation, "(B) a determination by the Commission, under section Ante, p. 3031. 751(b) of this Act, not to review a determination based upon changed circumstances, or "(C) a negative determination by the Commission, under 19 use 1671b, section 703(a) or 733(a) of this Act, as to whether there is 1673b. reasonable indication of material injury, threat of material injury, or material retardation, an interested party who is a party to the proceeding in connec- tion with which the matter arises may commence an action in the United States Court of International Trade by filing concur- rently a summons and complaint, each with the content and in the form, manner, and style prescribed by the rules of that court, contesting any factual findings or legal conclusions upon which the determination is based.". (2) Paragraph (2)(A) is amended— (A) by striking out "the date of publication in the Federal Register o f in the matter preceding clause (i); and (B) by amending clauses (i) and (ii) to read as follows: "(i) the date of publication in the Federal Register of- "(I) notice of any determination described in clause (ii), (iii), (iv), or (v) of subparagraph (B), or "(II) an antidumping or countervailing duty order based upon any determination described in clause (i) of subparagraph (B), or "(ii) the date of mailing of a determination described in clause (vi) of subparagraph (B),". (3) Amend paragraph (2)(B) to read as follows: "(B) REVIEWABLE DETERMINATIONS.—The determinations which may be contested under subparagraph (A) are as follows: "(i) Final affirmative determinations by the adminis- tering authority and by the Commission under section Ante, pp. 3024, 705 or 735 of this Act, including any negative part of 3028, 3029. such a determination (other than a part referred to in clause (ii)). "(ii) A final negative determination by the adminis- tering authority or the Commission under section 705 or 735 of this Act, including, at the option of the appellant, any part of a final affirmative determination which specifically excludes any company or product. "(iii) A final determination, other than a determina- tion reviewable under paragraph (1), by the administer-
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3041 ing authority or the Commission under section 751 of t h i s Act. Ante, p. 3031. "(iv) A determination by the administering author- ity, under section 704 or 734 of this Act, to suspend an Ante, pp. 3025, antidumping duty or a countervailing duty investiga- ^^^6. tion, including any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the rea- soning underlying such calculations, at the time the suspension agreement was concluded. "(v) An injurious effect determination by the Com- mission under section 704(h) or 734(h) of this Act. "(vi) A determination by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or counter- vailing duty order.". (4) Redesignate paragraph (3) as paragraph (4) and after paragraph (2) insert the following: "(3) EXCEPTION.—Notwithstanding the limitation imposed by paragraph (2)(A)(ii) of this subsection, a final affirmative deter- mination by the administering authority under section 705 or 735 of this Act may be contested by commencing an action, in Ante, pp. 3024, accordance with the provisions of paragraph (2)(A), within 3028,3029. thirty days after tjae date of publication in the Federal Register of a final negative determination by the Commission under section 705 or 735 of this Act.". (b) Title 28, United States Code, is amended as follows: (1) Section 2636 is amended— (A) by amending subsection (c) to read as follows: "(c) A civil action contesting a reviewable determination listed in section 516A of the Tariff Act of 1930 is barred unless commenced in Ante, p. 3040. accordance with the rules of the Court of International Trade within the time specified in such section."; and (B) by striking out subsection (d) and redesignating sub- sections (e) through (b as (d) through (h), respectively. (2) Section 2647 is amended to read as follows: "§ 2647. Precedence of cases "The following civil actions in the Court of International Trade shall be given precedence, in the following order, over other civil actions pending before the Court, and shall be assigned for hearing at the earliest practicable date and expedited in every way: "(1) First, a civil action involving the exclusion of perishable merchandise or the redelivery of such merchandise. "(2) Second, a civil action commenced under section 515 of the Tariff Act of 1930 involving the exclusion or redelivery of 19USC1515. merchandise. "(3) Third, a civil action commenced under section 516 or 516A of the Tariff Act of 1930.". 19 USC 1516; ante, p. 3040. SEC. 624. ADJUSTMENTS STUDY. The Secretary of Commerce shall undertake a study of the current practices that are applied in the making of adjustments to purchase prices and exporter's sales prices under section 772 (d) and (e) (19 U.S.C. 1677a (d) and (e)) and foreign market value and constructed
98 STAT. 3042 PUBLIC LAW 98-573—OCT. 30, 1984 Ante, p. 3036. value under section 773 (19 U.S.C. 1677b) in determining antidump- ing duties. The study shall include, but not be limited to— (1) a review of the types of adjustments currently being made; (2) a review of private sector comments and recommendations regarding the subject that were made at congressional hearings during the first session of the Ninety-eighth Congress; and (3) the manner and extent to which such adjustments lead to inequitable results. Report. Within one year after the date of the enactment of this Act, the Secretary of Commerce shall complete the study required under this section and shall submit to Congress a written report regarding the study and containing such recommendations as the Secretary deems appropriate regarding the need, and the means, for simplifying and modifying current practices in the making of such adjustments. SEC. 625. INDUSTRIAL TARGETING STUDIES. The Secretary of Commerce, the Secretary of Labor, the United States Trade Representative, and the Comptroller General of the United States shall each undertake, and submit to the Congress not later than June 1, 1985, a comprehensive study of the problem of foreign industrial targeting, whereby foreign governments adopt plans or schemes of coordinated activities to foster and benefit specific industries, and of the desirability or need to amend the United States trade laws in order to provide effective remedies for domestic industries against the adverse effects of such targeting. To the extent consistent with agency jurisidiction, such studies shall include, but are not limited to— (1) an analysis of^ (A) whether foreign industrial targeting should be consid- ered as an unfair trade practice under United States law; (B) whether current law, including the remedies under 19 u s e 1671. title VII of the Tariff Act of 1930, adequately address the subsidy element of foreign industrial policy measures; and (C) the extent to which foreign industrial targeting prac- tices are significantly affecting United States commerce; and (2) any recommended legislation considered necessary based on the study results. 19 u s e 1671 SEC. 626. EFFECTIVE DATES. note. (a) Except as provided in subsections (b) and (c), this Act, and the amendments made by it, shall take effect on the date of the enact- ment of this Act. (b)(1) The amendments made by sections 602, 609, 611, 612, and 620 shall apply with respect to investigations initiated by petition or by the administering authority under subtitles A and B of title VII 19 u s e 1671, of the Tariff Act of 1930 on or after such effective date. 1673. (2) The amendments made by section 623 shall apply with respect to civil actions pending on, or filed on or after, the date of the enactment of this Act. 19 u s e 1671. (c)(1) No provision of title VII of the Tariff Act of 1930 shall be interpreted to prevent the refiling of a petition under section 702 or 19 u s e 1671a, 732 of that title that was filed before the date of the enactment of 1673a. this title, if the purpose of such refiling is to avail the petitioner of the amendment made by section 612(a)(1).
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3043 (2) The amendment made by section 612(aXl) shall not apply with respect to petitions filed (or refiled under paragraph (1)) under section 702 or 732 of the Tariff Act of 1930 after September 30,1986. 19 u s e 1671a, 1673a. TITLE VII—AUTHORIZATION OF APPROPRIA- TIONS FOR CUSTOMS AND TRADE AGENCIES SEC. 701. UNITED STATES INTERNATIONAL TRADE COMMISSION. 19 u s e 1330. The first sentence of paragraph (2) of section 330(e) of the Tariff Act of 1930 (19 U.S.C. 133(eX2)) is amended to read as follows: "There 19 u s e 1330. are authorized to be appropriated to the C!k)mmission for necessary expenses (including the rental of conference rooms in the District of Columbia and elsewhere) for fiscal year 1985 not to exceed $28,410,000; of which not to exceed $2,500 may be used, subject to approval by the Chairman of the Commission, for reception and entertainment expenses.". SEC. 702. UNITED STATES CUSTOMS SERVICE. Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended as follows: (1) Subsection (b) is amended to read as follows: "(b) There are authorized to be appropriated to the Department of the Treasury not to exceed $686,399,000 for the salaries and ex- penses of the United States Customs Service for fiscal year 1985; of which (A) $28,070,000 is for the operation and maintenance of the air interdiction program of the Service, and (B) not to exceed $15,000,000 is for the implementation of the 'Operation EXODUS' program and any related program designed to enforce or monitor export controls under the Export Administration Act of 1979.". 50 u s e 2401 (2) Subsection (d) is redesignated as subsection (e). note. (3) The following new subsection is inserted immediately after subsection (c): "(d) No part of any sum that is appropriated under subsection (b) for fiscal years after September 30, 1984, may be used for adminis- trative expenses to pay any employee of the United States Customs Service overtime pay in an amount exceeding $25,000; except that the Commissioner of Customs or his designee may waive this limita- tion in individual cases in order to prevent excessive costs or to meet emergency requirements of the Service.". SEC. 703. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE. Section 141(fXl) of the Trade Act of 1974 (19 U.S.C. 2171(fXl)) is (1) by striking out "$11,100,000 for fiscal year 1983" and inserting in lieu thereof "$14,179,000 for fiscal year 1985"; and (2) by striking out "$65,000" and inserting in lieu thereof "$80,000". TITLE VIII—ENFORCEMENT AUTHORITY FOR Steel Import Stabilizatfon THE NATIONAL POLICY FOR THE STEEL IN- Act. DUSTRY SEC. 801. SHORT TITLE. 19 u s e 2258 note. This title may be cited as the "Steel Import Stabilization Act".
98 STAT. 3044 PUBLIC LAW 98-573—OCT. 30, 1984 19 u s e 2253 SEC. 802. FINDINGS AND PURPOSES. (a) The Congress finds that— (1) the United States steel industry has a serious need to modernize its plant and equipment in order to enhance its international competitiveness, and needs increased capital in- vestments to effect that modernization; (2) the ability of the domestic steel industry to be internation- ally competitive is, and has been, impeded by the effects of the enormous Federal budget deficit, an overvalued dollar, and increasing trade deficits, as well as serious injury due to imports of, and subsidies, dumping, and the use of other unfair and restrictive foreign trade practices regarding steel products; (3) the extensiveness of the unfair trade practices engaged in the international market regarding such products imposes un- usually harsh burdens on the United States steel industry in combating those practices through the trade remedy laws; (4) expeditious and effective action under the President's national policy for the steel industry, including more vigorous efforts by the Executive Branch to self-initiate and pursue remedies against those practices, is needed to eliminate the adverse effects of those unfair trade practices; (5) import relief will be ineffective and will not serve the national economic interest unless the industry during the period of relief engages in serious efforts substantially to mod- ernize and to improve its international competitiveness; and (6) full and effective implementation of the national policy for the steel industry will substantially improve the economy and employment in both the steel and iron ore-producing sectors. (b) The purposes of this title are— (1) to supplement the authority of the President to achieve the goals of the national policy for the steel industry by granting enforcement powers regarding those bilateral arrangements that are entered into or undertaken for purposes of implement- ing that national policy; and (2) to make the continuation of those powers subject to the condition that the steel industry undertake a comprehensive modernization of its plant and equipment. 19 u s e 2253 SEC. 803. SENSE OF CONGRESS REGARDING THE NATIONAL POLICY FOR note. THE STEEL INDUSTRY. It is the sense of the Congress that— (1) the President should, in conjunction with the authority granted under this title, implement the national policy for the steel industry in a manner to ensure that the foreign share of the United States market for steel products is commensurate with a level which would obtain under conditions of fair, unsub- sidized competition; and it is further the sense of Congress that when this policy is fully implemented, it will result in a foreign share of the domestic market of 17.0 to 20,2 percent, subject to such modifications that changes in market conditions and the composition of the steel industry may require; (2) the national policy for the steel industry should not be implemented in a manner contrary to the antitrust laws; and (3) if the national policy for the steel industry does not produce satisfactory results within a reasonable period of time, the Congress will consider taking such legislative actions con- cerning steel and iron ore products as may be necessary or
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3045 appropriate to stabilize conditions in the domestic market for such products. SEC. 804. DEFINITIONS. 19 USC 2253 As used in this title— (1) The term "bilateral arrangement" means any arrange- ment, agreement, or understanding (including, but not limited to, any surge control understanding or suspension agreement) entered into or undertaken, or previously entered into or under- taken, by the United States and any foreign country or customs union containing such quantitative limitations, restrictions, or other terms relating to the importation into, or exportation to, the United States of categories of steel products as may be necessary to implement the national policy for the steel industry. (2) The term "national policy for the steel industry" means those actions and elements described in Executive Communica- tion 4046, dated September 18, 1984 (printed as House Document 98-263). (3) The term "steel industry" means producers in the United States of steel products. SEC. 805. ENFORCEMENT AUTHORITY. 19 USC 2253 (a) Subject to section 806, the President is authorized to carry out such actions as may be necessary or appropriate to enforce the quantitative limitations, restrictions, and other terms agreed to between the United States and steel-exporting nations as contained in bilateral arrangements. Such actions may include, but are not limited to, requirements that valid export licenses or other docu- mentation issued by a foreign government be presented as a condition for the entry into the United States of steel products. 0)X1) In connection with the provisions of the Arrangement on European Communities' Export of Pipes and Tubes to the United States of America, contained in an exchange of letters dated October 21, 1982, between representatives of the United States and the Commission of the European Communities, including any modifica- tion, clarification, extension, or successor agreement thereto (collectively referred to hereinafter as "the Arrangement"), the Secretary of Commerce is authorized to request the Secretary of the Treasury to take action pursuant to paragraph (2) of this subsection whenever he determines that— (A) the level of exports of pipes and tubes to the United States from the European Communities is exceeding the average share of annual United States apparent consumption specified in the Arrangement, or (B) distortion is occurring in the pattern of United States- European Communities trade within the pipe and tube sector taking into account the average share of annual United States apparent consumption accounted for by European Communities articles within product categories developed by the Secretary of Commerce. Any re<iuest to the Secretary of the Treasury pursuant to this subsection by the Secretary of Commerce shall identify one or more categories of pipe and tube products with respect to which action under paragraph (2) is requested. (2) At the request of the Secretary of Commerce pursuant to paragraph (1), the Secretary of the Treasury shall take such action 31-194 0 - 86 - 22 : QL.3 Part3
98 STAT. 3046 PUBLIC LAW 98-573—OCT. 30, 1984 as may be necessary to ensure that the aggregate quantity of European Communities articles in each product category identified by the Secretary of Commerce in such request that are entered into the United States are in accordance with the terms of the Arrangement. (3) Nothing in this subsection may be construed as prohibiting the Secretary of Commerce from permitting the importation of addi- tional quantities of specific products in cases where the Secretary determines that conditions of short supply or emergency economic situations related to market demand exist; except that a short supply or emergency economic situation shall not be considered to exist solely because domestic producers are unwilling to supply products at prices below their costs of production (as determined by the Secretary of Commerce). (c) For purposes of carrying out this title, the Secretary of the Treasury may provide by regulation for the terms and conditions under which steel products may be denied entry into the United States. 19 u s e 2253 SEC. 806. EFFECTIVE PERIOD OF TITLE. ^°^' (a) IN GENERAL.—Section 805 shall terminate— (1) at the close of the fifth anniversary of the effective date of this title; or (2) at the close of the first, second, third, or fourth anniver- sary of the effective date of this title, unless the President, before each such anniversary, submits to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (in writing and together with the reasons therefor) an affirmative annual determination described in subsection (b). (bXD An affirmative annual determination is a determination by the President that— (A) the major companies of the steel industry, taken as a whole, have, during the 12-month period ending at the close of an anniversary referred to in subsection (aX2)— (i) committed substantially all of their net cash flow from steel product operations for purposes of reinvestment in, and modernization of, that industry through investment in modern plant and equipment, research and development, and other appropriate projects, such as working capital for steel operations and programs for the retraining of workers; and (ii) taken sufficient action to maintain their international competitiveness, including action to produce price-competi- tive and quality-competitive products, to control costs of production, including employment costs, and to improve productivity; and (B) each of the major companies committed for the applicable 12-month period not less than 1 percent of net cash flow to the retraining of workers; except that this requirement may be waived by the President with respect to a major company in noncompliance, if he finds unusual economic circumstances exist with respect to that company; and (C) the enforcement authority provided under section 805 remains necessary to maintain the effectiveness of bilateral arrangements undertaken to eliminate unfair trade practices in the steel sector.
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3047 (2) For purposes of this subsection— (A) the term "major company" means an enterprise whose raw steel production in the United States during 1983 exceeded 1,500,000 net tons. (B) The term "net cash flow" means annual net (after-tax) income plus depreciation, depletion allowances, amortization, and changes in reserves minus dividends and payments on short-term and long-term debts and liabilities. (3) For purposes of carrying out this subsection, the President shall take into account such information as may be available from the United States International Trade Commission and other appro- priate sources relating to the modernization efforts of the steel industry. SEC. 807. DEPARTMENT OF LABOR WORKER ASSISTANCE PLAN. 19 USC 2253 Within 6 months after the effective date of this title, the Secretary of Labor shall prepare (in consultation with the Steel Advisory Committee established on November 3, 1983, by the Secretary of Commerce and the Secretary of Labor (48 F.R. 51165)) and submit to the Congress a proposed plan of action for assisting workers in communities that are adversely affected by imports of steel prod- ucts; which assistance shall include retraining and relocation for former workers in the steel industry who will likely be unable to return to employment in that industry. The plan required under this section shall be based upon existing authorities for providing such assistance, but shall be accompanied by such recommendations for additional statutory authority as the Secretary of Labor consid- ers necessary to carry out the purposes of the plan. SEC. 808. EFFECTIVE DATE. 19 USC 2253 This title shall take effect on October 1,1984. TITLE IX—WINE TRADE wine Equity and Export Expan- sion Act of 1984. SEC. 901. SHORT TITLE. 19 UgQ ggQl This title may be cited as the "Wine Equity and Export Expansion ^°^- Act of 1984". SEC. 902. CONGRESSIONAL FINDINGS AND PURPOSES. 19 USC 2801. (a) Congress finds that— (1) there is a substantial imbalance in international wine trade resulting, in part, from the relative accessibility enjoyed by foreign wines to the United States market while the United States wine industry faces restrictive tariff and nontariff bar- riers in virtually every existing or potential foreign market; (2) the restricted access to foreign markets and the continued low prices for United States wine and grape products adversely affect the economic position of our Nation's winemakers and grape growers, as well as all other domestic sectors that depend upon wine production; (3) the competitive position of United States wine in interna- tional trade has been weakened by foreign trade practices, high domestic interest rates, and unfavorable foreign exchange rates; (4) wine consumption per capita is very low in many major non-wine producing markets and the demand potential for United States wine is significant; and
98 STAT. 3048 PUBLIC LAW 98-573—OCT. 30, 1984 (5) the United States winemaking industry has the capacity and the ability to export substantial volumes of wine and an increase in United States wine exports will create new jobs, improve this Nation's balance of trade, and otherwise strengthen the national economy, (b) The purposes of this title are— (1) to provide wine consumers with the greatest possible choice of wines from wine-producing countries; (2) to encourage the initiation of an export promotion pro- gram to develop, maintain, and expand foreign markets for United States wine; and (3) to achieve greater access to foreign markets for United States wine and grape products through the reduction or elimi- nation of tariff barriers and nontariff barriers to (or other distortions of) trade in wine. 19 u s e 2802. SEC. 903. DEFINITIONS. For purposes of this title— (1) The term "Committees" means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (2) The term "grape product" means grapes and any product (other than wine) made from grapes, including, but not limited to, raisins and grape juice, whether or not concentrated. (3) The term "major wine trading country" means any foreign country, or group of foreign countries, designated as such under section 904. (4) The phrase "nontariff barrier to (or other distortion of)", in the context of trade in United States wine, includes any measure implemented by the government of a major wine trading country that either gives a competitive advantage to the wine industry of that country or restricts the importation of United States wine into that country. (5) The term "Trade Representative" means the United States Trade Representative. (6) The term "United States wine" means wine produced within the customs territory of the United States. (7) The term "wine" means any fermented alcoholic beverage that— (A) is made from grapes or other fruit; (B) contains not less than 0.5 percent alcohol by volume and not more than 24 percent alcohol by volume, including all dilutions and mixtures thereof by whatever process produced; and (C) is for nonindustrial use. 19 u s e 2803. SEC. 904. DESIGNATION OF MAJOR WINE TRADING COUNTRIES. (a) The Trade Representative shall designate as a major wine trading country each foreign country, or group of foreign countries represented as an economic union, that, in the judgment of the Trade Representative— (1) is a potential significant market for United States wine; and (2) maintains tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine. (b) In deciding, for purposes of subsection (a)(2), whether a foreign country or group of countries maintains nontariff barriers to (or
PUBLIC LAW 98-573—OCT. 30, 1984 98 STAT. 3049 other distortions of) trade in United States wine, the Trade Repre- sentative shall take into account— (1) the review and report required under section 854(a) of the Trade Agreements Act of 1979 (19 U.S.C. 2135 note); (2) such relevant actions that may have been taken by that country or group since that review was conducted; and (3) such information as may be submitted under section 906 by representatives of the wine and grape products industries in the United States, as well as other sources. SEC. 905. ACTIONS TO REDUCE OR ELIMINATE TARIFF AND NONTARIFF 19 USC 2804. BARRIERS AFFECTING UNITED STATES WINE. (a) The President shall direct the Trade Representative to enter President of U.S. into consultations with each major wine trading country to seek a reduction or elimination of that country's tariff barriers and nontar- iff barriers to (or other distortions of) trade in United States wine. (b)(1) the President shall notify each of the Committees regarding Report, the extent and effect of the efforts undertaken since the submission of the report required under section 854(a) of the Trade Agreements Act of 1979, and during the 12-month period beginning on the date of the enactment of this Act, to expand opportunities in each major wine trading country for exports of United States wine. Such notifi- cation, which shall be in the form of a separate written report (that must be submitted within 30 days after the close of that 12-month period) for each major wine trading country, shall include— (A) a description of each act, policy, and practice (and of its legal basis and, operation) in that country that constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine (and that description shall be based upon an updating of the report that was submitted to the Congress under section 854(a) of the Trade Agreements Act of 1979); 19USC2135 (B) an assessment of the extent to which each such act, policy, note, or practice is subject to international agreements to which the United States is a party; (C) information with respect to any action taken, or proposed to be taken, under existing authority to eliminate or reduce each such act, policy, or practice, including, but not limited to— (i) any action under the Trade Act of 1974, and 19 USC 2101. (ii) any negotiation or consultation with any foreign gov- ernment; (D) if action referred to in subparagraph (C) was not taken, an explanation of the reasons therefore; and (E) recommendations to the Congress of any additional legis- lative authority or other action which the President believes is necessary and appropriate to obtain the elimination or reduc- tion of foreign tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine. (2) The reports required under paragraph (1) shall be developed and coordinated by the Trade Representative through the inter- agency trade organization established by section 242(a) of the Trade Expansion Act of 1962. 19 usc 1872. (c) If the President, after taking into account information and advice received under subsections (a) and (b), section 906 or from other sources, determines that action is appropriate to respond to any act, policy, or practice of a major wine trading country consti- tutes a tariff barrier or nontariff barrier to (or other distortion of) trade in United States wine and—
98 STAT. 3050 PUBLIC LAW 98-573—OCT. 30, 1984 (1) is inconsistent w i ^ the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or (2) is unjustifiable, unreasonable, or discriminatory and bur- dens or restricts United States commerce; the President, shall take all appropriate and feasible action under 19 use 2101. the Trade Act of 1974 to enforce the rights of the United States under any such trade agreement or to obtain the elimination of such act, policy, or practice. 19 u s e 2805. SEC. 906. REQUIRED CONSULTATIONS. The Trade Representative shall consult with the Committees and with representatives of the wine and grape products industries in the United States— (1) before identifying tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine and desig- nating major wine trading countries under section 904; (2) in developing the reports required under section 905(b); and (3) for purposes of determining whether action by the Presi- dent is appropriate under any provision of the Trade Act of 1974 with respect to any act, policy, or practice referred to in section 905(b)(1). 19 u s e 2806. SEC. 907. UNITED STATES WINE EXPORT PROMOTION. In order to develop, maintain, and expand foreign markets for United States wine, the President is encouraged to— (1) utilize, for the fiscal year ending September 30, 1985, the authority provided under section 135 of the Omnibus Budget 7 use 612c. Reconciliation Act of 1982 to make available sufficient funds to initiate, in cooperation with nongovernmental trade associa- tions representative of United States wineries, an export promo- tion program for United States; and (2) request, for each subsequent fiscal year, an appropriation for such a wine export promotion program that will not be at the expense of any appropriations requested for export promo- tion programs involving other agriculture commodities. Approved October 30, 1984. LEGISLATIVE HISTORY—H.R. 3398: HOUSE REPORTS: No. 98-267 (eomm. on Ways and Means) and No. 98-1156 (eomm. of Conference). SENATE REPORT No. 98-308 (Comm. on Finance). CONGRESSIONAL RECORD: Vol. 129 (1983): June 28, considered and passed House. Vol. 130 (1984): Mar. 2, Sept. 17-20, considered and passed Senate, amended. Oct. 3, House concurred in a Senate amendment and in others with amendments. Oct. 9, House and Senate agreed to conference report.