PUBLIC LAW 109–169—JAN. 11, 2006 119 STAT. 3581

Public Law 109–169

109th Congress

An Act

To implement the United States-Bahrain Free Trade Agreement.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘United StatesBahrain 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. Implementing actions in anticipation of entry into force and initial regulations.

Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed

actions.

Sec. 105. Administration of dispute settlement proceedings.

Sec. 106. 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. Enforcement relating to trade in textile and apparel goods.

Sec. 205. 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.

Sec. 327. Compensation authority.

Sec. 328. Confidential business information.

19 USC 3805

note.

United StatesBahrain Free

Trade Agreement

Implementation

Act.

Jan. 11, 2006

[H.R. 4340]

119 STAT. 3582 PUBLIC LAW 109–169—JAN. 11, 2006

TITLE IV—PROCUREMENT

Sec. 401. Eligible products.

SEC. 2. PURPOSES.

The purposes of this Act are—

(1) to approve and implement the Free Trade Agreement

between the United States and Bahrain entered into under

the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b));

(2) to strengthen and develop economic relations between

the United States and Bahrain 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

(4) to lay the foundation for further cooperation to expand

and enhance the benefits of such Agreement.

SEC. 3. DEFINITIONS.

In this Act:

(1) AGREEMENT.—The term ‘‘Agreement’’ means the United

States-Bahrain Free Trade Agreement approved by Congress

under section 101(a)(1).

(2) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff

Schedule of the United States.

(3) TEXTILE OR APPAREL GOOD.—The term ‘‘textile or

apparel good’’ means a good 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)).

TITLE I—APPROVAL OF, AND GENERAL

PROVISIONS RELATING TO, THE

AGREEMENT

SEC. 101. 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-Bahrain Free Trade Agreement

entered into on September 14, 2004, with Bahrain and submitted to Congress on November 16, 2005; and

(2) the statement of administrative action proposed to

implement the Agreement that was submitted to Congress on

November 16, 2005.

(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.—

At such time as the President determines that Bahrain has taken

measures necessary to bring it into compliance with those provisions

of the Agreement that are to take effect on the date on which

the Agreement enters into force, the President is authorized to

exchange notes with the Government of Bahrain providing for the

entry into force, on or after January 1, 2006, of the Agreement

with respect to the United States.

SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES

AND STATE LAW.

(a) RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.—

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Effective date.

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(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. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO

FORCE AND INITIAL REGULATIONS.

(a) IMPLEMENTING ACTIONS.—

(1) PROCLAMATION AUTHORITY.—After the date of the 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 on which 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 on which

the Agreement enters into force.

(2) EFFECTIVE 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 section 104 may not take effect before the

15th day after the date on which the text of the proclamation

is published in the Federal Register.

(3) WAIVER OF 15-DAY RESTRICTION.—The 15-day restriction

in paragraph (2) 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 on which the

Federal Register,

publication.

Effective date.

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note.

119 STAT. 3584 PUBLIC LAW 109–169—JAN. 11, 2006

Agreement enters into force of any action proclaimed under

this section.

(b) INITIAL 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 on which the Agreement enters into force.

In the case of any implementing action that takes effect on a

date after the date on which the Agreement enters into force,

initial regulations to carry out that action shall, to the maximum

extent feasible, be issued within 1 year after such effective date.

SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

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 (19 U.S.C.

2155); and

(B) the United States International Trade Commission;

(2) the President has submitted to the Committee on

Finance of the Senate and the Committee on Ways and Means

of the House of Representatives a report 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 set forth in paragraphs (1)

and (2) have been met has expired; and

(4) the President has consulted with the Committees

referred to in paragraph (2) regarding the proposed action

during the period referred to in paragraph (3).

SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.

(a) ESTABLISHMENT 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 19 of the

Agreement. The 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 2005 to

the Department of Commerce such sums as may be necessary

for the establishment and operations of the office established or

designated under subsection (a) and for the payment of the United

States share of the expenses of panels established under chapter

19 of the Agreement.

SEC. 106. 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 on which the Agreement enters into force.

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Deadline.

Reports.

President.

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(b) EXCEPTIONS.—Sections 1 through 3 and this title take effect

on the date of the enactment of this Act.

(c) TERMINATION OF THE AGREEMENT.—On the date on which

the Agreement terminates, 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. TARIFF MODIFICATIONS.

(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT.—

(1) PROCLAMATION AUTHORITY.—The President may

proclaim—

(A) such modifications or continuation of any duty,

(B) such continuation of duty-free or excise treatment,

or

(C) such additional duties,

as the President determines to be necessary or appropriate

to carry out or apply articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9,

and Annex 2–B of the Agreement.

(2) EFFECT ON BAHRAINI GSP STATUS.—Notwithstanding section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)),

the President shall, on the date on which the Agreement enters

into force, terminate the designation of Bahrain as a beneficiary

developing country for purposes of title V of the Trade Act

of 1974 (19 U.S.C. 2461 et seq.).

(b) OTHER TARIFF MODIFICATIONS.—Subject to the consultation

and layover provisions of section 104, the President may proclaim—

(1) such modifications or continuation of any duty,

(2) such modifications as the United States may agree

to with Bahrain regarding the staging of any duty treatment

set forth in Annex 2–B 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 Bahrain 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 Tariff Schedule of the United States to Annex 2–

B 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. RULES OF ORIGIN.

(a) APPLICATION AND INTERPRETATION.—In this section:

(1) TARIFF CLASSIFICATION.—The basis for any tariff classification is the HTS.

(2) REFERENCE TO HTS.—Whenever in this section there

is a reference to a heading or subheading, such reference shall

be a reference to a heading or subheading of the HTS.

(b) ORIGINATING GOODS.—

(1) IN GENERAL.—For purposes of this Act and for purposes

of implementing the preferential tariff treatment provided for

under the Agreement, a good is an originating good if—

(A) the good is imported directly—

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(i) from the territory of Bahrain into the territory

of the United States; or

(ii) from the territory of the United States into

the territory of Bahrain; and

(B)(i) the good is a good wholly the growth, product,

or manufacture of Bahrain or the United States, or both;

(ii) the good (other than a good to which clause (iii)

applies) is a new or different article of commerce that

has been grown, produced, or manufactured in Bahrain

or the United States, or both, and meets the requirements

of paragraph (2); or

(iii)(I) the good is a good covered by Annex 3–A or

4–A of the Agreement;

(II)(aa) each of the nonoriginating materials used in

the production of the good undergoes an applicable change

in tariff classification specified in such Annex as a result

of production occurring entirely in the territory of Bahrain

or the United States, or both; or

(bb) the good otherwise satisfies the requirements

specified in such Annex; and

(III) the good satisfies all other applicable requirements

of this section.

(2) REQUIREMENTS.—A good described in paragraph

(1)(B)(ii) is an originating good only if the sum of—

(A) the value of each material produced in the territory

of Bahrain or the United States, or both, and

(B) the direct costs of processing operations performed

in the territory of Bahrain or the United States, or both,

is not less than 35 percent of the appraised value of the good

at the time the good is entered into the territory of the United

States.

(c) CUMULATION.—

(1) ORIGINATING GOOD OR MATERIAL INCORPORATED INTO

GOODS OF OTHER COUNTRY.—An originating good, or a material

produced in the territory of Bahrain or the United States,

or both, that is incorporated into a good in the territory of

the other country shall be considered to originate in the territory of the other country.

(2) MULTIPLE PRODUCERS.—A good that is grown, produced,

or manufactured in the territory of Bahrain or the United

States, or both, by 1 or more producers, is an originating

good if the good satisfies the requirements of subsection (b)

and all other applicable requirements of this section.

(d) VALUE OF MATERIALS.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

value of a material produced in the territory of Bahrain or

the United States, or both, includes the following:

(A) The price actually paid or payable for the material

by the producer of the good.

(B) The freight, insurance, packing, and all other costs

incurred in transporting the material to the producer’s

plant, if such costs are not included in the price referred

to in subparagraph (A).

(C) The cost of waste or spoilage resulting from the

use of the material in the growth, production, or manufacture of the good, less the value of recoverable scrap.

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(D) Taxes or customs duties imposed on the material

by Bahrain or the United States, or both, if the taxes

or customs duties are not remitted upon exportation from

the territory of Bahrain or the United States, as the case

may be.

(2) EXCEPTION.—If the relationship between the producer

of a good and the seller of a material influenced the price

actually paid or payable for the material, or if there is no

price actually paid or payable by the producer for the material,

the value of the material produced in the territory of Bahrain

or the United States, or both, includes the following:

(A) All expenses incurred in the growth, production,

or manufacture of the material, including general expenses.

(B) A reasonable amount for profit.

(C) Freight, insurance, packing, and all other costs

incurred in transporting the material to the producer’s

plant.

(e) PACKAGING AND PACKING MATERIALS AND CONTAINERS FOR

RETAIL SALE AND FOR SHIPMENT.—Packaging and packing materials

and containers for retail sale and shipment shall be disregarded

in determining whether a good qualifies as an originating good,

except to the extent that the value of such packaging and packing

materials and containers has been included in meeting the requirements set forth in subsection (b)(2).

(f) INDIRECT MATERIALS.—Indirect materials shall be disregarded in determining whether a good qualifies as an originating

good, except that the cost of such indirect materials may be included

in meeting the requirements set forth in subsection (b)(2).

(g) TRANSIT AND TRANSSHIPMENT.—A good shall not be considered to meet the requirement of subsection (b)(1)(A) if, after exportation from the territory of Bahrain or the United States, the

good undergoes production, manufacturing, or any other operation

outside the territory of Bahrain or the United States, other than

unloading, reloading, or any other operation necessary to preserve

the good in good condition or to transport the good to the territory

of Bahrain or the United States.

(h) TEXTILE AND APPAREL GOODS.—

(1) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), a textile or apparel good 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 3–A 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.—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

Bahrain or the United States.

(C) YARN, FABRIC, OR GROUP OF FIBERS.—For purposes

of this paragraph, in the case of a textile or apparel good

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that is a yarn, fabric, or group of fibers, the term ‘‘component of the good that determines the tariff classification

of the good’’ means all of the fibers in the yarn, fabric,

or group of fibers.

(2) GOODS PUT UP IN SETS FOR RETAIL SALE.—Notwithstanding the rules set forth in Annex 3–A of the Agreement,

textile or apparel goods classifiable as goods put up in sets

for retail sale as provided for in General Rule of Interpretation

3 of the HTS shall not be considered to be originating goods

unless each of the goods in the set is an originating good

or the total value of the nonoriginating goods in the set does

not exceed 10 percent of the value of the set determined for

purposes of assessing customs duties.

(i) DEFINITIONS.—In this section:

(1) DIRECT COSTS OF PROCESSING OPERATIONS.—

(A) IN GENERAL.—The term ‘‘direct costs of processing

operations’’, with respect to a good, includes, to the extent

they are includable in the appraised value of the good

when imported into Bahrain or the United States, as the

case may be, the following:

(i) All actual labor costs involved in the growth,

production, or manufacture of the good, including

fringe benefits, on-the-job training, and the cost of

engineering, supervisory, quality control, and similar

personnel.

(ii) Tools, dies, molds, and other indirect materials,

and depreciation on machinery and equipment that

are allocable to the good.

(iii) Research, development, design, engineering,

and blueprint costs, to the extent that they are allocable to the good.

(iv) Costs of inspecting and testing the good.

(v) Costs of packaging the good for export to the

territory of the other country.

(B) EXCEPTIONS.—The term ‘‘direct costs of processing

operations’’ does not include costs that are not directly

attributable to a good or are not costs of growth, production,

or manufacture of the good, such as—

(i) profit; and

(ii) general expenses of doing business that are

either not allocable to the good or are not related

to the growth, production, or manufacture of the good,

such as administrative salaries, casualty and liability

insurance, advertising, and sales staff salaries,

commissions, or expenses.

(2) GOOD.—The term ‘‘good’’ means any merchandise,

product, article, or material.

(3) GOOD WHOLLY THE GROWTH, PRODUCT, OR MANUFACTURE

OF BAHRAIN OR THE UNITED STATES, OR BOTH.—The term ‘‘good

wholly the growth, product, or manufacture of Bahrain or the

United States, or both’’ means—

(A) a mineral good extracted in the territory of Bahrain

or the United States, or both;

(B) a vegetable good, as such a good is provided for

in the HTS, harvested in the territory of Bahrain or the

United States, or both;

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(C) a live animal born and raised in the territory

of Bahrain or the United States, or both;

(D) a good obtained from live animals raised in the

territory of Bahrain or the United States, or both;

(E) a good obtained from hunting, trapping, or fishing

in the territory of Bahrain or the United States, or both;

(F) a good (fish, shellfish, and other marine life) taken

from the sea by vessels registered or recorded with Bahrain

or the United States and flying the flag of that country;

(G) a good produced from goods referred to in subparagraph (F) on board factory ships registered or recorded

with Bahrain or the United States and flying the flag

of that country;

(H) a good taken by Bahrain or the United States

or a person of Bahrain or the United States from the

seabed or beneath the seabed outside territorial waters,

if Bahrain or the United States, as the case may be, has

rights to exploit such seabed;

(I) a good taken from outer space, if such good is

obtained by Bahrain or the United States or a person

of Bahrain or the United States and not processed in the

territory of a country other than Bahrain or the United

States;

(J) waste and scrap derived from—

(i) production or manufacture in the territory of

Bahrain or the United States, or both; or

(ii) used goods collected in the territory of Bahrain

or the United States, or both, if such goods are fit

only for the recovery of raw materials;

(K) a recovered good derived in the territory of Bahrain

or the United States from used goods and utilized in the

territory of that country in the production of remanufactured goods; and

(L) a good produced in the territory of Bahrain or

the United States, or both, exclusively—

(i) from goods referred to in subparagraphs (A)

through (J), or

(ii) from the derivatives of goods referred to in

clause (i),

at any stage of production.

(4) INDIRECT MATERIAL.—The term ‘‘indirect material’’

means a good used in the growth, production, manufacture,

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 growth,

production, or manufacture of a good, including—

(A) fuel and energy;

(B) tools, dies, and molds;

(C) spare parts and materials used in the maintenance

of equipment and buildings;

(D) lubricants, greases, compounding materials, and

other materials used in the growth, production, or manufacture of a good or used to operate equipment and buildings;

(E) gloves, glasses, footwear, clothing, safety equipment, and supplies;

(F) equipment, devices, and supplies used for testing

or inspecting the good;

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(G) catalysts and solvents; and

(H) any other goods that are not incorporated into

the good but the use of which in the growth, production,

or manufacture of the good can reasonably be demonstrated

to be a part of that growth, production, or manufacture.

(5) MATERIAL.—The term ‘‘material’’ means a good,

including a part or ingredient, that is used in the growth,

production, or manufacture of another good that is a new or

different article of commerce that has been grown, produced,

or manufactured in Bahrain or the United States, or both.

(6) MATERIAL PRODUCED IN THE TERRITORY OF BAHRAIN

OR THE UNITED STATES, OR BOTH.—The term ‘‘material produced

in the territory of Bahrain or the United States, or both’’

means a good that is either wholly the growth, product, or

manufacture of Bahrain or the United States, or both, or a

new or different article of commerce that has been grown,

produced, or manufactured in the territory of Bahrain or the

United States, or both.

(7) NEW OR DIFFERENT ARTICLE OF COMMERCE.—

(A) IN GENERAL.—The term ‘‘new or different article

of commerce’’ means, except as provided in subparagraph

(B), a good that—

(i) has been substantially transformed from a good

or material that is not wholly the growth, product,

or manufacture of Bahrain or the United States, or

both; and

(ii) has a new name, character, or use distinct

from the good or material from which it was transformed.

(B) EXCEPTION.—A good shall not be considered a new

or different article of commerce by virtue of having undergone simple combining or packaging operations, or mere

dilution with water or another substance that does not

materially alter the characteristics of the good.

(8) RECOVERED GOODS.—The term ‘‘recovered goods’’ means

materials in the form of individual parts that result from—

(A) the complete disassembly of used goods into individual parts; and

(B) the cleaning, inspecting, testing, or other processing

of those parts that is necessary for improvement to sound

working condition.

(9) REMANUFACTURED GOOD.—The term ‘‘remanufactured

good’’ means an industrial good that is assembled in the territory of Bahrain or the United States and that—

(A) is entirely or partially comprised of recovered goods;

(B) has a similar life expectancy to, and meets similar

performance standards as, a like good that is new; and

(C) enjoys a factory warranty similar to that of a

like good that is new.

(10) SIMPLE COMBINING OR PACKAGING OPERATIONS.—The

term ‘‘simple combining or packaging operations’’ means operations such as adding batteries to devices, fitting together a

small number of components by bolting, gluing, or soldering,

and repacking or packaging components together.

(11) SUBSTANTIALLY TRANSFORMED.—The term ‘‘substantially transformed’’ means, with respect to a good or material,

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changed as the result of a manufacturing or processing operation so that—

(A)(i) the good or material is converted from a good

that has multiple uses into a good or material that has

limited uses;

(ii) the physical properties of the good or material

are changed to a significant extent; or

(iii) the operation undergone by the good or material

is complex by reason of the number of different processes

and materials involved and the time and level of skill

required to perform those processes; and

(B) the good or material loses its separate identity

in the manufacturing or processing operation.

(j) PRESIDENTIAL PROCLAMATION AUTHORITY.—

(1) IN GENERAL.—The President is authorized to proclaim,

as part of the HTS—

(A) the provisions set forth in Annex 3–A and Annex

4–A of the Agreement; and

(B) any additional subordinate category that is necessary to carry out this title, consistent with the Agreement.

(2) MODIFICATIONS.—

(A) IN GENERAL.—Subject to the consultation and layover provisions of section 104, the President may proclaim

modifications to the provisions proclaimed under the

authority of paragraph (1)(A), other than provisions of chapters 50 through 63 of the HTS (as included in Annex

3–A of the Agreement).

(B) ADDITIONAL PROCLAMATIONS.—Notwithstanding

subparagraph (A), and subject to the consultation and layover provisions of section 104, the President may

proclaim—

(i) modifications to the provisions proclaimed under

the authority of paragraph (1)(A) as are necessary

to implement an agreement with Bahrain pursuant

to article 3.2.5 of the Agreement; and

(ii) before the end of the 1-year period beginning

on the date of the 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 3–A of the Agreement).

SEC. 203. CUSTOMS USER FEES.

Section 13031(b) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is amended—

(1) in each of paragraphs (13) and (15), by moving the

text 2 ems to the left; and

(2) by adding after paragraph (15) the following:

‘‘(16) 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-Bahrain 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.’’.

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SEC. 204. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND

APPAREL GOODS.

(a) ACTION DURING VERIFICATION.— (1) IN GENERAL.—If the Secretary of the Treasury requests

the Government of Bahrain to conduct a verification pursuant

to article 3.3 of the Agreement for purposes of making a determination under paragraph (2), the President may direct the

Secretary to take appropriate action described in subsection

(b) while the verification is being conducted.

(2) DETERMINATION.—A determination under this paragraph is a determination—

(A) that an exporter or producer in Bahrain is complying with applicable customs laws, regulations, procedures, requirements, or practices affecting trade in textile

or apparel goods; or

(B) that a claim that a textile or apparel good exported

or produced by such exporter or producer—

(i) qualifies as an originating good under section

202; or

(ii) is a good of Bahrain, is accurate.

(b) APPROPRIATE ACTION DESCRIBED.—Appropriate action under

subsection (a)(1) includes—

(1) suspension of liquidation of the entry of any textile

or apparel good exported or produced by the person that is

the subject of a verification referred to in subsection (a)(1)

regarding compliance described in subsection (a)(2)(A), in a

case in which the request for verification was based on a

reasonable suspicion of unlawful activity related to such good;

and

(2) suspension of liquidation of the entry of a textile or

apparel good for which a claim has been made that is the

subject of a verification referred to in subsection (a)(1) regarding

a claim described in subsection (a)(2)(B).

(c) ACTION WHEN INFORMATION IS INSUFFICIENT.—If the Secretary of the Treasury determines that the information obtained

within 12 months after making a request for a verification under

subsection (a)(1) is insufficient to make a determination under

subsection (a)(2), the President may direct the Secretary to take

appropriate action described in subsection (d) until such time as

the Secretary receives information sufficient to make a determination under subsection (a)(2) or until such earlier date as the President may direct.

(d) APPROPRIATE ACTION DESCRIBED.—Appropriate action

referred to in subsection (c) includes—

(1) publication of the name and address of the person

that is the subject of the verification;

(2) denial of preferential tariff treatment under the Agreement to—

(A) any textile or apparel good exported or produced

by the person that is the subject of a verification referred

to in subsection (a)(1) regarding compliance described in

subsection (a)(2)(A); or

(B) a textile or apparel good for which a claim has

been made that is the subject of a verification referred

to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B); and

(3) denial of entry into the United States of—

Publication.

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(A) any textile or apparel good exported or produced

by the person that is the subject of a verification referred

to in subsection (a)(1) regarding compliance described in

subsection (a)(2)(A); or

(B) a textile or apparel good for which a claim has

been made that is the subject of a verification referred

to in subsection (a)(1) regarding a claim described in subsection (a)(2)(B).

SEC. 205. REGULATIONS.

The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out—

(1) subsections (a) through (i) of section 202;

(2) the amendment made by section 203(2); and

(3) proclamations issued under section 202(j).

TITLE III—RELIEF FROM IMPORTS

SEC. 301. DEFINITIONS.

In this title:

(1) BAHRAINI ARTICLE.—The term ‘‘Bahraini article’’ means

an article that—

(A) qualifies as an originating good under section

202(b); or

(B) receives preferential tariff treatment under paragraphs 8 through 11 of article 3.2 of the Agreement.

(2) BAHRAINI TEXTILE OR APPAREL ARTICLE.—The term

‘‘Bahraini textile or apparel article’’ means an article that—

(A) 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) is a Bahraini article.

(3) COMMISSION.—The term ‘‘Commission’’ means the

United States International Trade Commission.

Subtitle A—Relief From Imports Benefiting

From the Agreement

SEC. 311. COMMENCING OF ACTION FOR RELIEF.

(a) FILING OF PETITION.—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. The Commission shall transmit a copy of any

petition filed under this subsection to the United States Trade

Representative.

(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 Bahraini article is being

imported into the United States in such increased quantities, in

absolute terms or relative to domestic production, and under such

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conditions that imports of the Bahraini 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 (i).

(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation

may be initiated under this section with respect to any Bahraini

article if, after the date on which the Agreement enters into force

with respect to the United States, import relief has been provided

with respect to that Bahraini article under this subtitle.

SEC. 312. COMMISSION ACTION ON PETITION.

(a) DETERMINATION.—Not later than 120 days 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.—

(1) IN GENERAL.—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)(1)), the Commission

shall find, and recommend to the President in the report

required under subsection (d), the 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.

(2) LIMITATION ON RELIEF.—The import relief recommended

by the Commission under this subsection shall be limited to

that described in section 313(c).

(3) VOTING; SEPARATE VIEWS.—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) 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—

Deadline.

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(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) 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. PROVISION OF RELIEF.

(a) 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 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 2–B 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—

(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.

(2) PROGRESSIVE 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 of such relief at regular intervals during the period in

which the relief is in effect.

(d) PERIOD OF RELIEF.—

(1) IN GENERAL.—Subject to paragraph (2), any import relief

that the President provides under this section may not, in

the aggregate, be in effect for more than 3 years.

(2) EXTENSION.—

President.

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119 STAT. 3596 PUBLIC LAW 109–169—JAN. 11, 2006

(A) IN GENERAL.—If the initial period for any import

relief provided under this section is less than 3 years,

the President, after receiving a determination from the

Commission under subparagraph (B) that is affirmative,

or which 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)), may extend the effective period of

any import relief provided under this section, subject to

the limitation under paragraph (1), if the President determines that—

(i) the import relief continues to be necessary to

remedy or prevent serious injury and to facilitate

adjustment by the domestic industry to import competition; and

(ii) there is evidence that the industry is making

a positive adjustment to import competition.

(B) ACTION BY COMMISSION.—

(i) INVESTIGATION.—Upon a petition on behalf of

the industry concerned that is 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 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 to facilitate adjustment by the domestic

industry to import competition and whether there is

evidence that the industry is making a positive adjustment to import competition.

(ii) NOTICE AND HEARING.—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) REPORT.—The Commission shall transmit to

the President a report on its investigation and determination under this subparagraph not later than 60

days before the action under subsection (a) is to terminate, unless the President specifies a different date.

(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

on which 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 under this subtitle after the date on which the

Agreement enters into force.

SEC. 314. TERMINATION OF RELIEF AUTHORITY.

(a) GENERAL RULE.—Subject to subsection (b), 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.

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(b) PRESIDENTIAL DETERMINATION.—Import relief may be provided under this subtitle in the case of a Bahraini article after

the date on which such relief would, but for this subsection, terminate under subsection (a), if the President determines that Bahrain

has consented to such relief.

SEC. 315. 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 (19 U.S.C. 2251 et seq.).

SEC. 316. 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-Bahrain Free Trade Agreement

Implementation Act’’.

Subtitle B—Textile and Apparel Safeguard

Measures

SEC. 321. 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.

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) 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 a summary of the

request and the dates by which comments and rebuttals must

be received.

SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

(a) DETERMINATION.—

(1) IN GENERAL.—If a positive determination is made under

section 321(b), the President shall determine whether, as a

result of the reduction or elimination of a duty under the

Agreement, a Bahraini 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 as to cause 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

President.

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119 STAT. 3598 PUBLIC LAW 109–169—JAN. 11, 2006

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.

(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 to import

competition.

(2) NATURE OF RELIEF.—The relief that the President is

authorized to provide under this subsection with respect to

imports of an article is an increase in the rate of duty imposed

on the article to a level that does not exceed the lesser of—

(A) the column 1 general rate of duty imposed under

the HTS on like articles at the time the import relief

is provided; or

(B) 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. PERIOD OF RELIEF.

(a) IN GENERAL.—Subject to subsection (b), any import relief

that the President provides under subsection (b) of section 322

may not, in the aggregate, be in effect for more than 3 years.

(b) EXTENSION.—If the initial period for any import relief provided under section 322 is less than 3 years, the President may

extend the effective period of any import relief provided under

that section, subject to the limitation set forth in subsection (a),

if the President determines that—

(1) the import relief continues to be necessary to remedy

or prevent serious damage and to facilitate adjustment by the

domestic industry to import competition; and

(2) there is evidence that the industry is making a positive

adjustment to import competition.

SEC. 324. ARTICLES EXEMPT FROM RELIEF.

The President may not provide import relief under this subtitle

with respect to any article if—

(1) the article has been subject to import relief under

this subtitle after the date on which the Agreement enters

into force; or

(2) the article is subject to import relief under chapter

1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et

seq.).

SEC. 325. 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 on which the relief terminates.

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SEC. 326. TERMINATION OF RELIEF AUTHORITY.

No import relief may be provided under this subtitle with

respect to any article after the date that is 10 years after the

date on which duties on the article are eliminated pursuant to

the Agreement.

SEC. 327. 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. CONFIDENTIAL BUSINESS INFORMATION.

The President may not release information that is submitted

in a proceeding under this subtitle and that 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, or such party

subsequently consents to the release of the information. To the

extent a party submits confidential business information to the

President in a proceeding under this subtitle, the party shall also

submit a nonconfidential version of the information, in which the

confidential business information is summarized or, if necessary,

deleted.

TITLE IV—PROCUREMENT

SEC. 401. ELIGIBLE PRODUCTS.

Section 308(4)(A) of the Trade Agreements Act of 1979 (19

U.S.C. 2518(4)(A)) is amended—

(1) by striking ‘‘or’’ at the end of clause (iii);

(2) by striking the period at the end of clause (iv) and

inserting ‘‘; or’’; and

(3) by adding at the end the following new clause:

‘‘(v) a party to a free trade agreement that entered

into force with respect to the United States after

December 31, 2005, and before July 2, 2006, a product

or service of that country or instrumentality which

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119 STAT. 3600 PUBLIC LAW 109–169—JAN. 11, 2006

LEGISLATIVE HISTORY—H.R. 4340 (S. 2027):

HOUSE REPORTS: No. 109–318 (Comm. on Ways and Means).

SENATE REPORTS: No. 109–199 accompanying S. 2027 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 151 (2005):

Dec. 7, considered and passed House.

Dec. 13, considered and passed Senate.

Æ

is covered under the free trade agreement for procurement by the United States.’’.

Approved January 11, 2006.