[108th Congress Public Law 78]
[From the U.S. Government Printing Office]
[DOCID: f:publ078.108]
[[Page 947]]
UNITED STATES-SINGAPORE FREE TRADE AGREEMENT IMPLEMENTATION ACT
[[Page 117 STAT. 948]]
Public Law 108-78
108th Congress
An Act
To implement the United States-Singapore Free Trade
Agreement. <<NOTE: Sept. 3, 2003 - [H.R. 2739]>>
Be it enacted by the Senate and House of Representatives of the
United States of <<NOTE: United States-Singapore Free Trade Agreement
Implementation Act.>> America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. <<NOTE: 19 USC 3805 note.>>
(a) Short Title.--This Act may be cited as the ``United States-
Singapore Free Trade Agreement Implementation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the agreement to United States and State law.
Sec. 103. Consultation and layover provisions for, and effective date
of, proclaimed actions.
Sec. 104. Implementing actions in anticipation of entry into force and
initial regulations.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Arbitration of certain claims.
Sec. 107. Effective dates; effect of termination.
TITLE II--CUSTOMS PROVISIONS
Sec. 201. Tariff modifications.
Sec. 202. Rules of origin.
Sec. 203. Customs user fees.
Sec. 204. Disclosure of incorrect information.
Sec. 205. Enforcement relating to trade in textile and apparel goods.
Sec. 206. Regulations.
TITLE III--RELIEF FROM IMPORTS
Sec. 301. Definitions.
Subtitle A--Relief From Imports Benefiting From the Agreement
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.
Sec. 313. Provision of relief.
Sec. 314. Termination of relief authority.
Sec. 315. Compensation authority.
Sec. 316. Confidential business information.
Subtitle B--Textile and Apparel Safeguard Measures
Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.
Sec. 323. Period of relief.
Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.
Sec. 326. Termination of relief authority.
[[Page 117 STAT. 949]]
Sec. 327. Compensation authority.
Sec. 328. Business confidential information.
Subtitle C--Cases Under Title II of the Trade Act of 1974
Sec. 331. Findings and action on goods from Singapore.
TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS
Sec. 401. Nonimmigrant traders and investors.
Sec. 402. Nonimmigrant professionals.
SEC. 2. PURPOSES. <<NOTE: 19 USC 3805 note.>>
The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement
between the United States and the Republic of Singapore entered
into under the authority of section 2103(b) of the Bipartisan
Trade Promotion Authority Act of 2002;
(2) to strengthen and develop economic relations between the
United States and Singapore for their mutual benefit;
(3) to establish free trade between the 2 nations through
the reduction and elimination of barriers to trade in goods and
services and to investment; and
(4) to lay the foundation for further cooperation to expand
and enhance the benefits of such Agreement.
SEC. 3. DEFINITIONS. <<NOTE: 19 USC 3805 note.>>
In this Act:
(1) Agreement.--The term ``Agreement'' means the United
States-Singapore Free Trade Agreement approved by Congress under
section 101(a).
(2) HTS.--The term ``HTS'' means the Harmonized Tariff
Schedule of the United States.
TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT
SEC. 101. <<NOTE: 19 USC 3805 note.>> APPROVAL AND ENTRY INTO FORCE OF
THE AGREEMENT.
(a) Approval of Agreement and Statement of Administrative Action.--
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority Act
of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974 (19
U.S.C. 2191), Congress approves--
(1) the United States-Singapore Free Trade Agreement entered
into on May 6, 2003, with the Government of Singapore and
submitted to Congress on July 15, 2003; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to Congress on July
15, 2003.
(b) Conditions for Entry Into Force of the Agreement.--At such time
as the President determines that Singapore has taken measures necessary
to bring it into compliance with those provisions of the Agreement that
take effect on the date on which the Agreement enters into force, the
President is authorized to exchange notes with the Government of
Singapore providing for the entry into force, on or after January 1,
2004, of the Agreement for the United States.
[[Page 117 STAT. 950]]
SEC. 102. <<NOTE: 19 USC 3805 note.>> RELATIONSHIP OF THE AGREEMENT TO
UNITED STATES AND STATE LAW.
(a) Relationship of Agreement to United States Law.--
(1) United states law to prevail in conflict.--No provision
of the Agreement, nor the application of any such provision to
any person or circumstance, which is inconsistent with any law
of the United States shall have effect.
(2) Construction.--Nothing in this Act shall be construed--
(A) to amend or modify any law of the United States,
or
(B) to limit any authority conferred under any law
of the United States,
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) Legal challenge.--No State law, or the application
thereof, may be declared invalid as to any person or
circumstance on the ground that the provision or application is
inconsistent with the Agreement, except in an action brought by
the United States for the purpose of declaring such law or
application invalid.
(2) Definition of state law.--For purposes of this
subsection, the term ``State law'' includes--
(A) any law of a political subdivision of a State;
and
(B) any State law regulating or taxing the business
of insurance.
(c) Effect of Agreement With Respect to Private Remedies.--No person
other than the United States--
(1) shall have any cause of action or defense under the
Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision
of law, any action or inaction by any department, agency, or
other instrumentality of the United States, any State, or any
political subdivision of a State on the ground that such action
or inaction is inconsistent with the Agreement.
SEC. 103. <<NOTE: President. 19 USC 3805 note.>> CONSULTATION AND
LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED
ACTIONS.
(a) Consultation and Layover Requirements.--If a provision of this
Act provides that the implementation of an action by the President by
proclamation is subject to the consultation and layover requirements of
this section, such action may be proclaimed only if--
(1) the President has obtained advice regarding the proposed
action from--
(A) the appropriate advisory committees established
under section 135 of the Trade Act of 1974; and
(B) the United States International Trade
Commission;
(2) <<NOTE: Reports.>> the President has submitted a report
to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives that sets forth--
(A) the action proposed to be proclaimed and the
reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days beginning on the first day
on which the requirements of paragraphs (1) and (2) have been
met has expired; and
[[Page 117 STAT. 951]]
(4) the President has consulted with such Committees
regarding the proposed action during the period referred to in
paragraph (3).
(b) Effective <<NOTE: Federal Register, publication.>> Date of
Certain Proclaimed Actions.--Any action proclaimed by the President
under the authority of this Act that is not subject to the consultation
and layover provisions under subsection (a) may not take effect before
the 15th day after the date on which the text of the proclamation is
published in the Federal Register.
SEC. 104. <<NOTE: 19 USC 3805 note.>> IMPLEMENTING ACTIONS IN
ANTICIPATION OF ENTRY INTO FORCE AND INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of enactment of
this Act--
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States
Government may issue such regulations--
as may be necessary to ensure that any provision of this Act, or
amendment made by this Act, that takes effect on the date the
Agreement enters into force is appropriately implemented on such
date, but no such proclamation or regulation may have an
effective date earlier than the date of entry into force.
(2) Waiver of 15-day restriction.--The 15-day restriction in
section 103(b) on the taking effect of proclaimed actions is
waived to the extent that the application of such restriction
would prevent the taking effect on the date the Agreement enters
into force of any action proclaimed under this section.
(b) Initial <<NOTE: Deadlines.>> Regulations.--Initial regulations
necessary or appropriate to carry out the actions required by or
authorized under this Act or proposed in the statement of administrative
action submitted under section 101(a)(2) to implement the Agreement
shall, to the maximum extent feasible, be issued within 1 year after the
date of entry into force of the Agreement. In the case of any
implementing action that takes effect on a date after the date of entry
into force of the Agreement, initial regulations to carry out that
action shall, to the maximum extent feasible, be issued within 1 year
after such effective date.
SEC. 105. <<NOTE: 19 USC 3805 note.>> ADMINISTRATION OF DISPUTE
SETTLEMENT PROCEEDINGS.
(a) Establishment <<NOTE: President.>> or Designation of Office.--
The President is authorized to establish or designate within the
Department of Commerce an office that shall be responsible for providing
administrative assistance to panels established under chapter 20 of the
Agreement. Such office may not be considered to be an agency for
purposes of section 552 of title 5, United States Code.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year after fiscal year 2003 to the
Department of Commerce such sums as may be necessary for the
establishment and operations of the office under subsection (a) and for
the payment of the United States share of the expenses of panels
established under chapter 20 of the Agreement.
SEC. 106. <<NOTE: 19 USC 3805 note.>> ARBITRATION OF CERTAIN CLAIMS.
(a) Submission of Certain Claims.--The United States is authorized
to resolve any claim against the United States covered by article
15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement,
[[Page 117 STAT. 952]]
pursuant to the Investor-State Dispute Settlement procedures set forth
in section C of chapter 15 of the Agreement.
(b) Contract Clauses.--All contracts executed by any agency of the
United States on or after the date of entry into force of the Agreement
shall contain a clause specifying the law that will apply to resolve any
breach of contract claim.
SEC. 107. <<NOTE: 19 USC 3805 note.>> EFFECTIVE DATES; EFFECT OF
TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b), the
provisions of this Act and the amendments made by this Act take effect
on the date the Agreement enters into force.
(b) Exceptions.--
(1) Sections 1 through 3 and this title take effect on the
date of enactment of this Act.
(2) Section 205 takes effect on the date on which the
textile and apparel provisions of the Agreement take effect
pursuant to article 5.10 of the Agreement.
(c) Termination of the Agreement.--On the date on which the
Agreement ceases to be in force, the provisions of this Act (other than
this subsection) and the amendments made by this Act shall cease to be
effective.
TITLE II--CUSTOMS PROVISIONS
SEC. 201. <<NOTE: 19 USC 3805 note.>> TARIFF MODIFICATIONS.
(a) Tariff Modifications Provided for in the Agreement.--The
President may proclaim--
(1) such modifications or continuation of any duty,
(2) such continuation of duty-free or excise treatment, or
(3) such additional duties--
as the President determines to be necessary or appropriate to carry out
or apply articles 2.2, 2.5, 2.6, and 2.12 and Annex 2B of the Agreement.
(b) Other Tariff Modifications.--Subject to the consultation and
layover provisions of section 103(a), the President may proclaim--
(1) such modifications or continuation of any duty,
(2) such modifications as the United States may agree to
with Singapore regarding the staging of any duty treatment set
forth in Annex 2B of the Agreement,
(3) such continuation of duty-free or excise treatment, or
(4) such additional duties--
as the President determines to be necessary or appropriate to maintain
the general level of reciprocal and mutually advantageous concessions
with respect to Singapore provided for by the Agreement.
(c) Conversion to Ad Valorem Rates.--For purposes of subsections (a)
and (b), with respect to any good for which the base rate in the
Schedule of the United States set forth in Annex 2B of the Agreement is
a specific or compound rate of duty, the President may substitute for
the base rate an ad valorem rate that the President determines to be
equivalent to the base rate.
SEC. 202. <<NOTE: 19 USC 3805 note.>> RULES OF ORIGIN.
(a) Originating Goods.--For purposes of this Act and for purposes of
implementing the tariff treatment provided for under
[[Page 117 STAT. 953]]
the Agreement, except as otherwise provided in this section, a good is
an originating good if--
(1) the good is wholly obtained or produced entirely in the
territory of Singapore, the United States, or both;
(2) each nonoriginating material used in the production of
the good--
(A) undergoes an applicable change in tariff
classification set out in Annex 3A of the Agreement as a
result of production occurring entirely in the territory
of Singapore, the United States, or both; or
(B) if no change in tariff classification is
required, the good otherwise satisfies the applicable
requirements of such Annex; or
(3) the good itself, as imported, is listed in Annex 3B of
the Agreement and is imported into the territory of the United
States from the territory of Singapore.
(b) De Minimis Amounts of Nonoriginating Materials.--
(1) In general.--Except as provided for in paragraphs (2)
and (3), a good shall be considered to be an originating good
if--
(A) the value of all nonoriginating materials used
in the production of the good that do not undergo the
required change in tariff classification under Annex 3A
of the Agreement does not exceed 10 percent of the
adjusted value of the good;
(B) if the good is subject to a regional value-
content requirement, the value of such nonoriginating
materials is taken into account in calculating the
regional value-content of the good; and
(C) the good satisfies all other applicable
requirements of this section.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) A nonoriginating material provided for in
chapter 4 of the HTS or in subheading 1901.90 of the HTS
that is used in the production of a good provided for in
chapter 4 of the HTS.
(B) A nonoriginating material provided for in
chapter 4 of the HTS or in subheading 1901.90 of the HTS
that is used in the production of a good provided for in
heading 2105 or in any of subheadings 1901.10, 1901.20,
1901.90, 2106.90, 2202.90, and 2309.90 of the HTS.
(C) A nonoriginating material provided for in
heading 0805, or any of subheadings 2009.11.00 through
2009.39, of the HTS, that is used in the production of a
good provided for in any of subheadings 2009.11.00
through 2009.39 or in subheading 2106.90 or 2202.90 of
the HTS.
(D) A nonoriginating material provided for in
chapter 15 of the HTS that is used in the production of
a good provided for in any of headings 1501.00.00
through 1508, 1512, 1514, and 1515 of the HTS.
(E) A nonoriginating material provided for in
heading 1701 of the HTS that is used in the production
of a good provided for in any of headings 1701 through
1703 of the HTS.
(F) A nonoriginating material provided for in
chapter 17 of the HTS or heading 1805.00.00 of the HTS
that
[[Page 117 STAT. 954]]
is used in the production of a good provided for in
subheading 1806.10 of the HTS.
(G) A nonoriginating material provided for in any of
headings 2203 through 2208 of the HTS that is used in
the production of a good provided for in heading 2207 or
2208 of the HTS.
(H) A nonoriginating material used in the production
of a good provided for in any of chapters 1 through 21
of the HTS, unless the nonoriginating material is
provided for in a different subheading than the good for
which origin is being determined under this section.
(3) Goods provided for in chapters 50 through 63 of the
hts.--
(A) In general.--Except as provided in subparagraph
(B), a good provided for in any of chapters 50 through
63 of the HTS that is not an originating good because
certain fibers or yarns used in the production of the
component of the good that determines the tariff
classification of the good do not undergo an applicable
change in tariff classification set out in Annex 3A of
the Agreement shall be considered to be an originating
good if the total weight of all such fibers or yarns in
that component is not more than 7 percent of the total
weight of that component.
(B) Certain textile or apparel goods.--
(i) Treatment as originating good.--A textile
or apparel good containing elastomeric yarns in
the component of the good that determines the
tariff classification of the good shall be
considered to be an originating good only if such
yarns are wholly formed in the territory of
Singapore or the United States.
(ii) Definition of textile or apparel good.--
For purposes of this subparagraph, the term
``textile or apparel good'' means a product listed
in the Annex to the Agreement on Textiles and
Clothing referred to in section 101(d)(4) of the
Uruguay Round Agreements Act (19 U.S.C.
3511(d)(4)).
(c) Accumulation.--
(1) Originating goods incorporated in goods of other
country.--Originating materials from the territory of either
Singapore or the United States that are used in the production
of a good in the territory of the other country shall be
considered to originate in the territory of the other country.
(2) Multiple procedures.--A good that is produced in the
territory of Singapore, the United States, or both, by 1 or more
producers is an originating good if the good satisfies the
requirements of subsection (a) and all other applicable
requirements of this section.
(d) Regional Value-Content.--
(1) In general.--For purposes of subsection (a)(2), the
regional value-content of a good referred to in Annex 3A of the
Agreement shall be calculated, at the choice of the person
claiming preferential tariff treatment for the good, on the
basis of the build-down method described in paragraph (2) or the
build-up method described in paragraph (3), unless otherwise
provided in Annex 3A of the Agreement.
(2) Build-down method.--
[[Page 117 STAT. 955]]
(A) In general.--The regional value-content of a
good may be calculated on the basis of the following
build-down method:
av-vnm
rvc = -------- <dbl-dagger> 100
av
(B) Definitions.--For purposes of subparagraph (A):
(i) The term ``RVC'' means the regional value-
content, expressed as a percentage.
(ii) The term ``AV'' means the adjusted value.
(iii) The term ``VNM'' means the value of
nonoriginating materials that are acquired and
used by the producer in the production of the
good.
(3) Build-up method.--
(A) In general.--The regional value-content of a
good may be calculated on the basis of the following
build-up method:
vom
rvc = -------- <dbl-dagger> 100
av
(B) Definitions.--For purposes of subparagraph (A):
(i) The term ``RVC'' means the regional value-
content, expressed as a percentage.
(ii) The term ``AV'' means the adjusted value.
(iii) The term ``VOM'' means the value of
originating materials that are acquired or self-
produced and are used by the producer in the
production of the good.
(e) Value of Materials.--
(1) In general.--For purposes of calculating the regional
value-content of a good under subsection (d), and for purposes
of applying the de minimis rules under subsection (b), the value
of a material is--
(A) in the case of a material imported by the
producer of the good, the adjusted value of the
material;
(B) in the case of a material acquired in the
territory in which the good is produced, except for a
material to which subparagraph (C) applies, the adjusted
value of the material; or
(C) in the case of a material that is self-produced,
or in a case in which the relationship between the
producer of the good and the seller of the material
influenced the price actually paid or payable for the
material, including a material obtained without charge,
the sum of--
(i) all expenses incurred in the production of
the material, including general expenses; and
(ii) an amount for profit.
(2) Further adjustments to the value of materials.--
(A) Originating materials.--The following expenses,
if not included in the value of an originating material
calculated under paragraph (1), may be added to the
value of the originating material:
[[Page 117 STAT. 956]]
(i) The costs of freight, insurance, packing,
and all other costs incurred in transporting the
material to the location of the producer.
(ii) Duties, taxes, and customs brokerage fees
on the material paid in the territory of
Singapore, the United States, or both, other than
duties and taxes that are waived, refunded,
refundable, or otherwise recoverable, including
credit against duty or tax paid or payable.
(iii) The cost of waste and spoilage resulting
from the use of the material in the production of
the good, less the value of renewable scrap or by-
product.
(B) Nonoriginating materials.--The following
expenses, if included in the value of a nonoriginating
material calculated under paragraph (1), may be deducted
from the value of the nonoriginating material:
(i) The costs of freight, insurance, packing,
and all other costs incurred in transporting the
material to the location of the producer.
(ii) Duties, taxes, and customs brokerage fees
on the material paid in the territory of
Singapore, the United States, or both, other than
duties and taxes that are waived, refunded,
refundable, or otherwise recoverable, including
credit against duty or tax paid or payable.
(iii) The cost of waste and spoilage resulting
from the use of the material in the production of
the good, less the value of renewable scrap or by-
product.
(iv) The cost of processing incurred in the
territory of Singapore or the United States in the
production of the nonoriginating material.
(v) The cost of originating materials used in
the production of the nonoriginating material in
the territory of Singapore or the United States.
(f) Accessories, Spare Parts, or Tools.--
(1) In general.--Subject to paragraph (2), accessories,
spare parts, or tools delivered with the good that form part of
the good's standard accessories, spare parts, or tools shall--
(A) be treated as originating goods if the good is
an originating good; and
(B) be disregarded in determining whether all the
nonoriginating materials used in the production of the
good undergo an applicable change in tariff
classification set out in Annex 3A of the Agreement.
(2) <<NOTE: Applicability.>> Conditions.--Paragraph (1)
shall apply only if--
(A) the accessories, spare parts, or tools are not
invoiced separately from the good;
(B) the quantities and value of the accessories,
spare parts, or tools are customary for the good; and
(C) if the good is subject to a regional value-
content requirement, the value of the accessories, spare
parts, or tools is taken into account as originating or
nonoriginating materials, as the case may be, in
calculating the regional value-content of the good.
(g) Fungible Goods and Materials.--
(1) In general.--
[[Page 117 STAT. 957]]
(A) Claim for preferential treatment.--A person
claiming preferential tariff treatment for a good may
claim that a fungible good or material is originating
either based on the physical segregation of each
fungible good or material or by using an inventory
management method.
(B) Inventory management method.--In this
subsection, the term ``inventory management method''
means--
(i) averaging;
(ii) ``last-in, first-out'';
(iii) ``first-in, first-out''; or
(iv) any other method--
(I) recognized in the generally
accepted accounting principles of the
country in which the production is
performed (whether Singapore or the
United States); or
(II) otherwise accepted by that
country.
(2) Election of inventory method.--A person selecting an
inventory management method under paragraph (1) for particular
fungible goods or materials shall continue to use that method
for those fungible goods or materials throughout the fiscal year
of that person.
(h) Packaging Materials and Containers for Retail Sale.--Packaging
materials and containers in which a good is packaged for retail sale, if
classified with the good, shall be disregarded in determining whether
all the nonoriginating materials used in the production of the good
undergo the applicable change in tariff classification set out in Annex
3A of the Agreement and, if the good is subject to a regional value-
content requirement, the value of such packaging materials and
containers shall be taken into account as originating or nonoriginating
materials, as the case may be, in calculating the regional value-content
of the good.
(i) Packing Materials and Containers for Shipment.--Packing
materials and containers in which a good is packed for shipment shall be
disregarded in determining whether--
(1) the nonoriginating materials used in the production of a
good undergo an applicable change in tariff classification set
out in Annex 3A of the Agreement; and
(2) the good satisfies a regional value-content requirement.
(j) Indirect Materials.--An indirect material shall be considered to
be an originating material without regard to where it is produced, and
its value shall be the cost registered in the accounting records of the
producer of the good.
(k) Third Country Operations.--A good shall not be considered to be
an originating good by reason of having undergone production that
satisfies the requirements of subsection (a) if, subsequent to that
production, the good undergoes further production or any other operation
outside the territories of Singapore and the United States, other than
unloading, reloading, or any other operation necessary to preserve it in
good condition or to transport the good to the territory of Singapore or
the United States.
(l) Special Rule for Apparel Goods Listed in Chapter 61 or 62 of the
HTS.--
(1) In general.--An apparel good listed in chapter 61 or 62
of the HTS shall be considered to be an originating good if it
is both cut (or knit to shape) and sewn or otherwise assembled
in the territory of Singapore, the United States, or both, from
fabric or yarn, regardless of origin, designated
[[Page 117 STAT. 958]]
in the manner described in paragraph (2) as fabric or yarn not
available in commercial quantities in a timely manner in the
United States.
(2) Designation of certain fabric and yarn.--The designation
referred to in paragraph (1) means a designation made in a
notice published in the Federal Register on or before November
15, 2002, identifying apparel goods made from fabric or yarn
eligible for entry into the United States under subheading
9819.11.24 or 9820.11.27 of the HTS. For purposes of this
subsection, a reference in the notice to fabric or yarn formed
in the United States is deemed to include fabric or yarn formed
in Singapore.
(m) Application and Interpretation.--In this section:
(1) The basis for any tariff classification is the HTS.
(2) <<NOTE: Records.>> Any cost or value referred to in this
section shall be recorded and maintained in accordance with the
generally accepted accounting principles applicable in the
territory of the country in which the good is produced (whether
Singapore or the United States).
(n) Definitions.--In this section:
(1) Adjusted value.--The term ``adjusted value'' means the
value of a good determined under articles 1 through 8, article
15, and the corresponding interpretative notes of the Agreement
on Implementation of Article VII of the General Agreement on
Tariffs and Trade 1994 referred to in section 101(d)(8) of the
Uruguay Round Agreements Act, except that such value may be
adjusted to exclude any costs, charges, or expenses incurred for
transportation, insurance, and related services incident to the
international shipment of the good from the country of
exportation to the place of importation.
(2) Fungible goods and fungible materials.--The terms
``fungible goods'' and ``fungible materials'' mean goods or
materials, as the case may be, that are interchangeable for
commercial purposes and the properties of which are essentially
identical.
(3) Generally accepted accounting principles.--The term
``generally accepted accounting principles'' means the
recognized consensus or substantial authoritative support in the
territory of Singapore or the United States, as the case may be,
with respect to the recording of revenues, expenses, costs, and
assets and liabilities, the disclosure of information, and the
preparation of financial statements. The standards may encompass
broad guidelines of general application as well as detailed
standards, practices, and procedures.
(4) Goods wholly obtained or produced entirely in the
territory of singapore, the united states, or both.--The term
``goods wholly obtained or produced entirely in the territory of
Singapore, the United States, or both'' means--
(A) mineral goods extracted in the territory of
Singapore, the United States, or both;
(B) vegetable goods, as such goods are defined in
the Harmonized System, harvested in the territory of
Singapore, the United States, or both;
(C) live animals born and raised in the territory of
Singapore, the United States, or both;
[[Page 117 STAT. 959]]
(D) goods obtained from hunting, trapping, fishing,
or aquaculture conducted in the territory of Singapore,
the United States, or both;
(E) goods (fish, shellfish, and other marine life)
taken from the sea by vessels registered or recorded
with Singapore or the United States and flying the flag
of that country;
(F) goods produced exclusively from products
referred to in subparagraph (E) on board factory ships
registered or recorded with Singapore or the United
States and flying the flag of that country;
(G) goods taken by Singapore or the United States,
or a person of Singapore or the United States, from the
seabed or beneath the seabed outside territorial waters,
if Singapore or the United States has rights to exploit
such seabed;
(H) goods taken from outer space, if the goods are
obtained by Singapore or the United States or a person
of Singapore or the United States and not processed in
the territory of a country other than Singapore or the
United States;
(I) waste and scrap derived from--
(i) production in the territory of Singapore,
the United States, or both; or
(ii) used goods collected in the territory of
Singapore, the United States, or both, if such
goods are fit only for the recovery of raw
materials;
(J) recovered goods derived in the territory of
Singapore, the United States, or both, from used goods;
or
(K) goods produced in the territory of Singapore,
the United States, or both, exclusively--
(i) from goods referred to in any of
subparagraphs (A) through (I); or
(ii) from the derivatives of goods referred to
in clause (i).
(5) Harmonized system.--The term ``Harmonized System'' means
the Harmonized Commodity Description and Coding System.
(6) Indirect material.--The term ``indirect material'' means
a good used in the production, testing, or inspection of a good
but not physically incorporated into the good, or a good used in
the maintenance of buildings or the operation of equipment
associated with the production of a good, including--
(A) fuel and energy;
(B) tools, dies, and molds;
(C) spare parts and materials used in the
maintenance of equipment or buildings;
(D) lubricants, greases, compounding materials, and
other materials used in production or used to operate
equipment or buildings;
(E) gloves, glasses, footwear, clothing, safety
equipment, and supplies;
(F) equipment, devices, and supplies used for
testing or inspecting the good;
(G) catalysts and solvents; and
[[Page 117 STAT. 960]]
(H) any other goods that are not incorporated into
the good but the use of which in the production of the
good can reasonably be demonstrated to be a part of that
production.
(7) Material.--The term ``material'' means a good that is
used in the production of another good.
(8) Material that is self-produced.--The term ``material
that is self-produced'' means a material, such as a part or
ingredient, produced by a producer of a good and used by the
producer in the production of another good.
(9) Nonoriginating material.--The term ``nonoriginating
material'' means a material that does not qualify as an
originating good under the rules set out in this section.
(10) Preferential tariff treatment.--The term ``preferential
tariff treatment'' means the customs duty rate that is
applicable to an originating good pursuant to chapter 2 of the
Agreement.
(11) Producer.--The term ``producer'' means a person who
grows, raises, mines, harvests, fishes, traps, hunts,
manufactures, processes, assembles, or disassembles a good.
(12) Production.--The term ``production'' means growing,
mining, harvesting, fishing, raising, trapping, hunting,
manufacturing, processing, assembling, or disassembling a good.
(13) Recovered goods.--
(A) In general.--The term ``recovered goods'' means
materials in the form of individual parts that are the
result of--
(i) the complete disassembly of used goods
into individual parts; and
(ii) the cleaning, inspecting, testing, or
other processing of those parts as necessary for
improvement to sound working condition by one or
more of the processes described in subparagraph
(B), in order for such parts to be assembled with
other parts, including other parts that have
undergone the processes described in this
paragraph, in the production of a remanufactured
good described in Annex 3C of the Agreement.
(B) Processes.--The processes referred to in
subparagraph (A)(ii) are welding, flame spraying,
surface machining, knurling, plating, sleeving, and
rewinding.
(14) Remanufactured good.--The term ``remanufactured good''
means an industrial good assembled in the territory of Singapore
or the United States, that is listed in Annex 3C of the
Agreement, and--
(A) is entirely or partially comprised of recovered
goods;
(B) has the same life expectancy and meets the same
performance standards as a new good; and
(C) enjoys the same factory warranty as such a new
good.
(15) Territory.--The term ``territory'' has the meaning
given that term in Annex 1A of the Agreement.
(16) Used.--The term ``used'' means used or consumed in the
production of goods.
(o) Presidential Proclamation Authority.--
(1) In general.--The President is authorized to proclaim, as
part of the HTS--
[[Page 117 STAT. 961]]
(A) the provisions set out in Annexes 3A, 3B, and 3C
of the Agreement; and
(B) any additional subordinate category necessary to
carry out this title consistent with the Agreement.
(2) Modifications.--
(A) In general.--Subject to the consultation and
layover provisions of section 103(a), the President may
proclaim modifications to the provisions proclaimed
under the authority of paragraph (1)(A), other than--
(i) the provisions of Annex 3B of the
Agreement; and
(ii) provisions of chapters 50 through 63 of
the HTS, as included in Annex 3A of the Agreement.
(B) Additional proclamations.--Notwithstanding
subparagraph (A), and subject to the consultation and
layover provisions of section 103(a), the President may
proclaim--
(i) modifications to the provisions proclaimed
under the authority of paragraph (1)(A) that are
necessary to implement an agreement with Singapore
pursuant to article 3.18.4(c) of the Agreement;
and
(ii) before the 1st anniversary of the date of
enactment of this Act, modifications to correct
any typographical, clerical, or other
nonsubstantive technical error regarding the
provisions of chapters 50 through 63 of the HTS,
as included in Annex 3A of the Agreement.
SEC. 203. <<NOTE: 19 USC 3805 note.>> CUSTOMS USER FEES.
Section 13031(b) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(b)) is amended by inserting after paragraph
(12) the following:
``(13) No fee may be charged under subsection (a) (9) or
(10) with respect to goods that qualify as originating goods
under section 202 of the United States-Singapore Free Trade
Agreement Implementation Act. Any service for which an exemption
from such fee is provided by reason of this paragraph may not be
funded with money contained in the Customs User Fee Account.''.
SEC. 204. <<NOTE: 19 USC 3805 note.>> DISCLOSURE OF INCORRECT
INFORMATION.
Section 592(c) of the Tariff Act of 1930 (19 U.S.C. 1592(c)) is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Prior disclosure regarding claims under the united
states-singapore free trade agreement.--
``(A) <<NOTE: Regulations.>> An importer shall not
be subject to penalties under subsection (a) for making
an incorrect claim that a good qualifies as an
originating good under section 202 of the United States-
Singapore Free Trade Agreement Implementation Act if the
importer, in accordance with regulations issued by the
Secretary of the Treasury, voluntarily and promptly
makes a corrected declaration and pays any duties owing.
``(B) In the regulations referred to in subparagraph
(A), the Secretary of the Treasury is authorized to
prescribe
[[Page 117 STAT. 962]]
time periods for making a corrected declaration and
paying duties owing under subparagraph (A), if such
periods are not shorter than 1 year following the date
on which the importer makes the incorrect claim that a
good qualifies as an originating good.''.
SEC. 205. <<NOTE: 19 USC 3805 note.>> ENFORCEMENT RELATING TO TRADE IN
TEXTILE AND APPAREL GOODS.
(a) Denial of Permission To Conduct Site Visits.--
(1) In general.--Subject to paragraph (2), if the Secretary
of the Treasury proposes to conduct a site visit at an
enterprise registered under article 5.3 of the Agreement, and
responsible officials of the enterprise do not consent to the
proposed visit, the President may exclude from the customs
territory of the United States textile and apparel goods
produced or exported by that enterprise.
(2) Termination of exclusion.--An exclusion of textile and
apparel goods produced or exported by an enterprise under
paragraph (1) shall terminate when the President determines that
the enterprise's production of, and capability to produce, the
goods are consistent with statements by the enterprise that
textile or apparel goods the enterprise produces or has produced
are originating goods or products of Singapore, as the case may
be.
(b) Knowing or Willful Circumvention.--
(1) In general.--If the President finds that an enterprise
of Singapore has knowingly or willfully engaged in
circumvention, the President may exclude from the customs
territory of the United States textile and apparel goods
produced or exported by the enterprise. An exclusion under this
paragraph may be imposed on the date beginning on the date a
finding of knowing or willful circumvention is made and shall be
in effect for a period not longer than the applicable period
described in paragraph (2).
(2) Time periods.--
(A) First finding.--With respect to a first finding
under paragraph (1), the applicable period is 6 months.
(B) Second finding.--With respect to a second
finding under paragraph (1), the applicable period is 2
years.
(C) Third and subsequent finding.--With respect to a
third or subsequent finding under paragraph (1), the
applicable period is 2 years. If, at the time of a third
or subsequent finding, an exclusion is in effect as a
result of a previous finding, the 2-year period
applicable to the third or subsequent finding shall
begin on the day after the day on which the previous
exclusion terminates.
(c) Certain Other Instances of Circumvention.--If the President
consults with Singapore pursuant to article 5.8 of the Agreement, the
consultations fail to result in a mutually satisfactory solution to the
matters at issue, and the President presents to Singapore clear evidence
of circumvention under the Agreement, the President may--
(1) deny preferential tariff treatment to the goods involved
in the circumvention; and
(2) deny preferential tariff treatment, for a period not to
exceed 4 years from the date on which consultations pursuant to
article 5.8 of the Agreement conclude, to--
[[Page 117 STAT. 963]]
(A) textile and apparel goods produced by the
enterprise found to have engaged in the circumvention,
including any successor of such enterprise; and
(B) textile and apparel goods produced by any other
entity owned or operated by a principal of the
enterprise, if the principal also is a principal of the
other entity.
(d) Definitions.--In this section:
(1) General definitions.--The terms ``circumvention'',
``preferential tariff treatment'', ``principal'', and ``textile
and apparel goods'' have the meanings given such terms in
chapter 5 of the Agreement.
(2) Enterprise.--The term ``enterprise'' has the meaning
given that term in article 1.2.3 of the Agreement.
SEC. 206. <<NOTE: 19 USC 3805 note.>> REGULATIONS.
The Secretary of the Treasury shall prescribe such regulations as
may be necessary to carry out--
(1) subsections (a) through (n) of section 202, and section
203;
(2) amendments made by the sections referred to in paragraph
(1); and
(3) proclamations issued under section 202(o).
TITLE III--RELIEF FROM IMPORTS
SEC. 301. <<NOTE: 19 USC 3805 note.>> DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(2) Singaporean article.--The term ``Singaporean article''
means an article that qualifies as an originating good under
section 202(a) of this Act.
(3) Singaporean textile or apparel article.--The term
``Singaporean textile or apparel article'' means an article--
(A) that is listed in the Annex to the Agreement on
Textiles and Clothing referred to in section 101(d)(4)
of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(4)); and
(B) that is a Singaporean article.
Subtitle A--Relief From Imports Benefiting From the Agreement
SEC. 311. <<NOTE: 19 USC 3805 note.>> COMMENCING OF ACTION FOR RELIEF.
(a) Filing of Petition.--
(1) In general.--A petition requesting action under this
subtitle for the purpose of adjusting to the obligations of the
United States under the Agreement may be filed with the
Commission by an entity, including a trade association, firm,
certified or recognized union, or group of workers, that is
representative of an industry. <<NOTE: Records.>> The Commission
shall transmit a copy of any petition filed under this
subsection to the United States Trade Representative.
(2) Provisional relief.--An entity filing a petition under
this subsection may request that provisional relief be provided
[[Page 117 STAT. 964]]
as if the petition had been filed under section 202(a) of the
Trade Act of 1974 (19 U.S.C. 2252(a)).
(3) Critical circumstances.--Any allegation that critical
circumstances exist shall be included in the petition.
(b) Investigation and Determination.--Upon the filing of a petition
under subsection (a), the Commission, unless subsection (d) applies,
shall promptly initiate an investigation to determine whether, as a
result of the reduction or elimination of a duty provided for under the
Agreement, a Singaporean article is being imported into the United
States in such increased quantities, in absolute terms or relative to
domestic production, and under such conditions that imports of the
Singaporean article constitute a substantial cause of serious injury or
threat thereof to the domestic industry producing an article that is
like, or directly competitive with, the imported article.
(c) Applicable Provisions.--The following provisions of section 202
of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any
investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).
(2) Subsection (c).
(3) Subsection (d).
(4) Subsection (i).
(d) Articles Exempt From Investigation.--No investigation may be
initiated under this section with respect to any Singaporean article if,
after the date that the Agreement enters into force, import relief has
been provided with respect to that Singaporean article under--
(1) this subtitle;
(2) subtitle B;
(3) chapter 1 of title II of the Trade Act of 1974;
(4) article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round Agreements
Act (19 U.S.C. 3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture referred to in
section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).
SEC. 312. <<NOTE: 19 USC 3805 note.>> COMMISSION ACTION ON PETITION.
(a) <<NOTE: Deadline.>> Determination.--Not later than 120 days (180
days if critical circumstances have been alleged) after the date on
which an investigation is initiated under section 311(b) with respect to
a petition, the Commission shall make the determination required under
that section.
(b) Applicable Provisions.--For purposes of this subtitle, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of the
Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be
applied with respect to determinations and findings made under this
section as if such determinations and findings were made under section
202 of the Trade Act of 1974 (19 U.S.C. 2252).
(c) Additional Finding and Recommendation if Determination
Affirmative.--If the determination made by the Commission under
subsection (a) with respect to imports of an article is affirmative, or
if the President may consider a determination of the Commission to be an
affirmative determination as provided for under paragraph (1) of section
330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)), the Commission
shall find, and recommend to the President in the report required under
subsection (d), the
[[Page 117 STAT. 965]]
amount of import relief that is necessary to remedy or prevent the
injury found by the Commission in the determination and to facilitate
the efforts of the domestic industry to make a positive adjustment to
import competition. The import relief recommended by the Commission
under this subsection shall be limited to the relief described in
section 313(c). Only those members of the Commission who voted in the
affirmative under subsection (a) are eligible to vote on the proposed
action to remedy or prevent the injury found by the Commission. Members
of the Commission who did not vote in the affirmative may submit, in the
report required under subsection (d), separate views regarding what
action, if any, should be taken to remedy or prevent the injury.
(d) <<NOTE: Deadline.>> Report to President.--Not later than the
date that is 30 days after the date on which a determination is made
under subsection (a) with respect to an investigation, the Commission
shall submit to the President a report that includes--
(1) the determination made under subsection (a) and an
explanation of the basis for the determination;
(2) if the determination under subsection (a) is
affirmative, any findings and recommendations for import relief
made under subsection (c) and an explanation of the basis for
each recommendation; and
(3) any dissenting or separate views by members of the
Commission regarding the determination and recommendation
referred to in paragraphs (1) and (2).
(e) <<NOTE: Federal Register, publication.>> Public Notice.--Upon
submitting a report to the President under subsection (d), the
Commission shall promptly make public such report (with the exception of
information which the Commission determines to be confidential) and
shall cause a summary thereof to be published in the Federal Register.
SEC. 313. <<NOTE: 19 USC 3805 note.>> PROVISION OF RELIEF.
(a) <<NOTE: Deadline. President.>> In General.--Not later than the
date that is 30 days after the date on which the President receives the
report of the Commission in which the Commission's determination under
section 312(a) is affirmative, or which contains a determination under
section 312(a) that the President considers to be affirmative under
paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C.
1330(d)(1)), the President, subject to subsection (b), shall provide
relief from imports of the article that is the subject of such
determination to the extent that the President determines necessary to
remedy or prevent the injury found by the Commission and to facilitate
the efforts of the domestic industry to make a positive adjustment to
import competition.
(b) Exception.--The President is not required to provide import
relief under this section if the President determines that the provision
of the import relief will not provide greater economic and social
benefits than costs.
(c) Nature of Relief.--
(1) In general.--The import relief (including provisional
relief) that the President is authorized to provide under this
section with respect to imports of an article is as follows:
(A) The suspension of any further reduction provided
for under Annex 2B of the Agreement in the duty imposed
on such article.
(B) An increase in the rate of duty imposed on such
article to a level that does not exceed the lesser of--
[[Page 117 STAT. 966]]
(i) the column 1 general rate of duty imposed
under the HTS on like articles at the time the
import relief is provided; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before
the date on which the Agreement enters into force.
(C) In the case of a duty applied on a seasonal
basis to such article, an increase in the rate of duty
imposed on the article to a level that does not exceed
the lesser of--
(i) the column 1 general rate of duty imposed
under the HTS on like articles for the immediately
preceding corresponding season; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before
the date on which the Agreement enters into force.
(2) Progressive <<NOTE: President.>> liberalization.--If the
period for which import relief is provided under this section is
greater than 1 year, the President shall provide for the
progressive liberalization (described in article 7.28 of the
Agreement) of such relief at regular intervals during the period
of its application.
(d) Period of Relief.--
(1) In general.--Subject to paragraph (2), the import relief
that the President is authorized to provide under this section
may not exceed 2 years.
(2) Extension.--
(A) In general.--Subject to subparagraph (C), the
President, after receiving an affirmative determination
from the Commission under subparagraph (B), may extend
the effective period of any import relief provided under
this section if the President determines that--
(i) the import relief continues to be
necessary to prevent or remedy serious injury and
to facilitate adjustment; and
(ii) there is evidence that the industry is
making a positive adjustment to import
competition.
(B) Action by commission.--
(i) Upon a petition on behalf of the industry
concerned, filed with the Commission not earlier
than the date which is 9 months, and not later
than the date which is 6 months, before the date
on which any action taken under subsection (a) is
to terminate, the Commission shall conduct an
investigation to determine whether action under
this section continues to be necessary to remedy
or prevent serious injury and whether there is
evidence that the industry is making a positive
adjustment to import competition.
(ii) <<NOTE: Notice. Federal Register,
publication.>> The Commission shall publish notice
of the commencement of any proceeding under this
subparagraph in the Federal Register and shall,
within a reasonable time thereafter, hold a public
hearing at which the Commission shall afford
interested parties and consumers an opportunity to
be present, to present evidence, and to respond to
the presentations of other parties and consumers,
and otherwise to be heard.
(iii) <<NOTE: Reports. Deadline.>> The
Commission shall transmit to the President a
report on its investigation and determination
[[Page 117 STAT. 967]]
under this subparagraph not later than 60 days
before the action under subsection (a) is to
terminate, unless the President specifies a
different date.
(C) Period of import relief.--The effective period
of any import relief imposed under this section,
including any extensions thereof, may not, in the
aggregate, exceed 4 years.
(e) Rate After Termination of Import Relief.--When import relief
under this section is terminated with respect to an article, the rate of
duty on that article shall be the rate that would have been in effect,
but for the provision of such relief, on the date the relief terminates.
(f) Articles Exempt From Relief.--No import relief may be provided
under this section on any article that has been subject to import
relief, after the entry into force of the Agreement, under--
(1) this subtitle;
(2) subtitle B;
(3) chapter 1 of title II of the Trade Act of 1974;
(4) article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round Agreements
Act (19 U.S.C. 3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture referred to in
section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).
SEC. 314. <<NOTE: 19 USC 3805 note.>> TERMINATION OF RELIEF AUTHORITY.
(a) General Rule.--No import relief may be provided under this
subtitle after the date that is 10 years after the date on which the
Agreement enters into force.
(b) Exception.--Import relief may be provided under this subtitle in
the case of a Singaporean article after the date on which such relief
would, but for this subsection, terminate under subsection (a), if the
President determines that Singapore has consented to such relief.
SEC. 315. <<NOTE: 19 USC 3805 note.>> COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
2133), any import relief provided by the President under section 313
shall be treated as action taken under chapter 1 of title II of such
Act.
SEC. 316. <<NOTE: 19 USC 3805 note.>> CONFIDENTIAL BUSINESS INFORMATION.
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) is
amended in the first sentence--
(1) by striking ``and''; and
(2) by inserting before the period at the end ``, and title
III of the United States-Singapore Free Trade Agreement
Implementation Act''.
Subtitle B--Textile and Apparel Safeguard Measures
SEC. 321. <<NOTE: President. 19 USC 3805 note.>> COMMENCEMENT OF ACTION
FOR RELIEF.
(a) In General.--A request under this subtitle for the purpose of
adjusting to the obligations of the United States under the Agreement
may be filed with the President by an interested party.
[[Page 117 STAT. 968]]
Upon the filing of a request, the President shall review the request to
determine, from information presented in the request, whether to
commence consideration of the request.
(b) <<NOTE: Federal Register, publication. Notice.>> Publication of
Request.--If the President determines that the request under subsection
(a) provides the information necessary for the request to be considered,
the President shall cause to be published in the Federal Register a
notice of commencement of consideration of the request, and notice
seeking public comments regarding the request. The notice shall include
the request and the dates by which comments and rebuttals must be
received.
SEC. 322. <<NOTE: President. 19 USC 3805 note.>> DETERMINATION AND
PROVISION OF RELIEF.
(a) Determination.--
(1) In general.--Pursuant to a request made by an interested
party, the President shall determine whether, as a result of the
reduction or elimination of a duty under the Agreement, a
Singaporean textile or apparel article is being imported into
the United States in such increased quantities, in absolute
terms or relative to the domestic market for that article, and
under such conditions that imports of the article constitute a
substantial cause of serious damage, or actual threat thereof,
to a domestic industry producing an article that is like, or
directly competitive with, the imported article.
(2) Serious damage.--In making a determination under
paragraph (1), the President--
(A) shall examine the effect of increased imports on
the domestic industry, as reflected in changes in such
relevant economic factors as output, productivity,
utilization of capacity, inventories, market share,
exports, wages, employment, domestic prices, profits,
and investment, none of which is necessarily decisive;
and
(B) shall not consider changes in technology or
consumer preference as factors supporting a
determination of serious damage or actual threat
thereof.
(3) Substantial cause.--For purposes of this subsection, the
term ``substantial cause'' means a cause that is important and
not less than any other cause.
(b) Provision of Relief.--
(1) In general.--If a determination under subsection (a) is
affirmative, the President may provide relief from imports of
the article that is the subject of such determination, as
described in paragraph (2), to the extent that the President
determines necessary to remedy or prevent the serious damage and
to facilitate adjustment by the domestic industry.
(2) Nature of relief.--The relief that the President is
authorized to provide under this subsection with respect to
imports of an article is--
(A) the suspension of any further reduction provided
for under Annex 2B of the Agreement in the duty imposed
on the article; or
(B) an increase in the rate of duty imposed on the
article to a level that does not exceed the lesser of--
(i) the column 1 general rate of duty imposed
under the HTS on like articles at the time the
import relief is provided; or
[[Page 117 STAT. 969]]
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before
the date on which the Agreement enters into force.
SEC. 323. <<NOTE: 19 USC 3805 note.>> PERIOD OF RELIEF.
(a) In General.--Subject to subsection (b), the import relief that
the President is authorized to provide under section 322 may not exceed
2 years.
(b) Extension.--
(1) In general.--Subject to paragraph (2), the President may
extend the effective period of any import relief provided under
this subtitle if the President determines that--
(A) the import relief continues to be necessary to
remedy or prevent serious damage and to facilitate
adjustment; and
(B) there is evidence that the industry is making a
positive adjustment to import competition.
(2) Limitation.--The effective period of any action under
this subtitle, including any extensions thereof, may not, in the
aggregate, exceed 4 years.
SEC. 324. <<NOTE: 19 USC 3805 note.>> ARTICLES EXEMPT FROM RELIEF.
The President may not provide import relief under this subtitle with
respect to any article if import relief previously has been provided
under this subtitle with respect to that article.
SEC. 325. <<NOTE: 19 USC 3805 note.>> RATE AFTER TERMINATION OF IMPORT
RELIEF.
When import relief under this subtitle is terminated with respect to
an article, the rate of duty on that article shall be the rate that
would have been in effect, but for the provision of such relief, on the
date the relief terminates.
SEC. 326. <<NOTE: 19 USC 3805 note.>> TERMINATION OF RELIEF AUTHORITY.
No import relief may be provided under this subtitle with respect to
an article after the date that is 10 years after the date on which the
provisions of the Agreement relating to trade in textile and apparel
goods take effect pursuant to article 5.10 of the Agreement.
SEC. 327. <<NOTE: 19 USC 3805 note.>> COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
2133), any import relief provided by the President under this subtitle
shall be treated as action taken under chapter 1 of title II of such
Act.
SEC. 328. <<NOTE: 19 USC 3805 note.>> BUSINESS CONFIDENTIAL INFORMATION.
The President may not release information which the President
considers to be confidential business information unless the party
submitting the confidential business information had notice, at the time
of submission, that such information would be released by the President,
or such party subsequently consents to the release of the information.
To the extent business confidential information is provided, a
nonconfidential version of the information shall also be provided, in
which the business confidential information is sum-
marized or, if necessary, deleted.
[[Page 117 STAT. 970]]
Subtitle C--Cases Under Title II of the Trade Act of 1974
SEC. 331. <<NOTE: 19 USC 3805 note.>> FINDINGS AND ACTION ON GOODS FROM
SINGAPORE.
(a) Effect of Imports.--If, in any investigation initiated under
chapter 1 of title II of the Trade Act of 1974, the Commission makes an
affirmative determination (or a determination which the President may
treat as an affirmative determination under such chapter by reason of
section 330(d) of the Tariff Act of 1930), the Commission shall also
find (and report to the President at the time such injury determination
is submitted to the President) whether imports of the article from
Singapore are a substantial cause of serious injury or threat thereof.
(b) Presidential Determination Regarding Singaporean Imports.--In
determining the nature and extent of action to be taken under chapter 1
of title II of the Trade Act of 1974, the President shall determine
whether imports from Singapore are a substantial cause of the serious
injury or threat thereof found by the Commission and, if such
determination is in the negative, may exclude from such action imports
from Singapore.
TITLE IV--TEMPORARY ENTRY OF BUSINESS PERSONS
SEC. 401. <<NOTE: 19 USC 3805 note.>> NONIMMIGRANT TRADERS AND
INVESTORS.
Upon a basis of reciprocity secured by the Agreement, an alien who
is a national of Singapore (and any spouse or child (as defined in
section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1))) of such alien, if accompanying or following to join the
alien) may, if otherwise eligible for a visa and if otherwise admissible
into the United States under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant
under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if
entering solely for a purpose specified in clause (i) or (ii) of such
section 101(a)(15)(E). For purposes of this section, the term
``national'' has the meaning given such term in Annex 1A of the
Agreement.
SEC. 402. <<NOTE: 19 USC 3805 note.>> NONIMMIGRANT PROFESSIONALS.
Section 214(g)(8) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(8)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(8)(A) The agreements referred to in section 101(a)(15)(H)(i)(b1)
are--
``(i) the United States-Chile Free Trade Agreement; and
``(ii) the United States-Singapore Free Trade Agreement.'';
and
(2) by amending subparagraph (B)(ii) to read as follows:
``(ii) The annual numerical limitations described in clause (i)
shall not exceed--
``(I) 1,400 for nationals of Chile (as defined in article
14.9 of the United States-Chile Free Trade Agreement) for any
fiscal year; and
[[Page 117 STAT. 971]]
``(II) 5,400 for nationals of Singapore (as defined in Annex
1A of the United States-Singapore Free Trade Agreement) for any
fiscal year.''.
Approved September 3, 2003.
LEGISLATIVE HISTORY--H.R. 2739 (S. 1417):
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HOUSE REPORTS: No. 108-225, Pt. 1 (Comm. on Ways and Means) and Pt. 2
(Comm. on the Judiciary).
SENATE REPORTS: No. 108-117 accompanying S. 1417 (jointly from Comm. on
Finance and Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 24, considered and passed House.
July 31, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 3, Presidential remarks.
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