108TH CONGRESS

1ST SESSION H. R. 2739

AN ACT

To implement the United States-Singapore Free Trade

Agreement.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘United States-Singapore Free Trade Agreement Imple4 mentation Act’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 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.
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Sec. 325. Rate after termination of import relief.

Sec. 326. Termination of relief authority.

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.

1 SEC. 2. PURPOSES.

2 The purposes of this Act are—

3 (1) to approve and implement the Free Trade

4 Agreement between the United States and the Re5 public of Singapore entered into under the authority

6 of section 2103(b) of the Bipartisan Trade Pro7 motion Authority Act of 2002;

8 (2) to strengthen and develop economic rela9 tions between the United States and Singapore for

10 their mutual benefit;

11 (3) to establish free trade between the 2 nations

12 through the reduction and elimination of barriers to

13 trade in goods and services and to investment; and

14 (4) to lay the foundation for further coopera15 tion to expand and enhance the benefits of such

16 Agreement.

17 SEC. 3. DEFINITIONS.

18 In this Act:

19 (1) AGREEMENT.—The term ‘‘Agreement’’

20 means the United States-Singapore Free Trade
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1 Agreement approved by Congress under section

2 101(a).

3 (2) HTS.—The term ‘‘HTS’’ means the Har4 monized Tariff Schedule of the United States.

5 TITLE I—APPROVAL OF, AND

6 GENERAL PROVISIONS RE7 LATING TO, THE AGREEMENT

8 SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE

9 AGREEMENT.

10 (a) APPROVAL OF AGREEMENT AND STATEMENT OF

11 ADMINISTRATIVE ACTION.—Pursuant to section 2105 of

12 the Bipartisan Trade Promotion Authority Act of 2002

13 (19 U.S.C. 3805) and section 151 of the Trade Act of

14 1974 (19 U.S.C. 2191), Congress approves—

15 (1) the United States-Singapore Free Trade

16 Agreement entered into on May 6, 2003, with the

17 Government of Singapore and submitted to Congress

18 on July 15, 2003; and

19 (2) the statement of administrative action pro20 posed to implement the Agreement that was sub21 mitted to Congress on July 15, 2003.

22 (b) CONDITIONS FOR ENTRY INTO FORCE OF THE

23 AGREEMENT.—At such time as the President determines

24 that Singapore has taken measures necessary to bring it

25 into compliance with those provisions of the Agreement
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1 that take effect on the date on which the Agreement enters

2 into force, the President is authorized to exchange notes

3 with the Government of Singapore providing for the entry

4 into force, on or after January 1, 2004, of the Agreement

5 for the United States.

6 SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED

7 STATES AND STATE LAW.

8 (a) RELATIONSHIP OF AGREEMENT TO UNITED

9 STATES LAW.—

10 (1) UNITED STATES LAW TO PREVAIL IN CON11 FLICT.—No provision of the Agreement, nor the ap12 plication of any such provision to any person or cir13 cumstance, which is inconsistent with any law of the

14 United States shall have effect.

15 (2) CONSTRUCTION.—Nothing in this Act shall

16 be construed—

17 (A) to amend or modify any law of the

18 United States, or

19 (B) to limit any authority conferred under

20 any law of the United States,

21 unless specifically provided for in this Act.

22 (b) RELATIONSHIP OF AGREEMENT TO STATE

23 LAW.—

24 (1) LEGAL CHALLENGE.—No State law, or the

25 application thereof, may be declared invalid as to
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1 any person or circumstance on the ground that the

2 provision or application is inconsistent with the

3 Agreement, except in an action brought by the

4 United States for the purpose of declaring such law

5 or application invalid.

6 (2) DEFINITION OF STATE LAW.—For purposes

7 of this subsection, the term ‘‘State law’’ includes—

8 (A) any law of a political subdivision of a

9 State; and

10 (B) any State law regulating or taxing the

11 business of insurance.

12 (c) EFFECT OF AGREEMENT WITH RESPECT TO PRI13 VATE REMEDIES.—No person other than the United

14 States—

15 (1) shall have any cause of action or defense

16 under the Agreement or by virtue of congressional

17 approval thereof; or

18 (2) may challenge, in any action brought under

19 any provision of law, any action or inaction by any

20 department, agency, or other instrumentality of the

21 United States, any State, or any political subdivision

22 of a State on the ground that such action or inaction

23 is inconsistent with the Agreement.
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1 SEC. 103. CONSULTATION AND LAYOVER PROVISIONS FOR,

2 AND EFFECTIVE DATE OF, PROCLAIMED AC3 TIONS.

4 (a) CONSULTATION AND LAYOVER REQUIRE5 MENTS.—If a provision of this Act provides that the imple6 mentation of an action by the President by proclamation

7 is subject to the consultation and layover requirements of

8 this section, such action may be proclaimed only if—

9 (1) the President has obtained advice regarding

10 the proposed action from—

11 (A) the appropriate advisory committees

12 established under section 135 of the Trade Act

13 of 1974; and

14 (B) the United States International Trade

15 Commission;

16 (2) the President has submitted a report to the

17 Committee on Finance of the Senate and the Com18 mittee on Ways and Means of the House of Rep19 resentatives that sets forth—

20 (A) the action proposed to be proclaimed

21 and the reasons therefor; and

22 (B) the advice obtained under paragraph

23 (1);

24 (3) a period of 60 calendar days beginning on

25 the first day on which the requirements of para26 graphs (1) and (2) have been met has expired; and
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1 (4) the President has consulted with such Com2 mittees regarding the proposed action during the pe3 riod referred to in paragraph (3).

4 (b) EFFECTIVE DATE OF CERTAIN PROCLAIMED AC5 TIONS.—Any action proclaimed by the President under the

6 authority of this Act that is not subject to the consultation

7 and layover provisions under subsection (a) may not take

8 effect before the 15th day after the date on which the text

9 of the proclamation is published in the Federal Register.

10 SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF

11 ENTRY INTO FORCE AND INITIAL REGULA12 TIONS.

13 (a) IMPLEMENTING ACTIONS.—

14 (1) PROCLAMATION AUTHORITY.—After the

15 date of enactment of this Act—

16 (A) the President may proclaim such ac17 tions, and

18 (B) other appropriate officers of the

19 United States Government may issue such

20 regulations—

21 as may be necessary to ensure that any provision of

22 this Act, or amendment made by this Act, that takes

23 effect on the date the Agreement enters into force

24 is appropriately implemented on such date, but no
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1 such proclamation or regulation may have an effec2 tive date earlier than the date of entry into force.

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

4 day restriction in section 103(b) on the taking effect

5 of proclaimed actions is waived to the extent that

6 the application of such restriction would prevent the

7 taking effect on the date the Agreement enters into

8 force of any action proclaimed under this section.

9 (b) INITIAL REGULATIONS.—Initial regulations nec10 essary or appropriate to carry out the actions required by

11 or authorized under this Act or proposed in the statement

12 of administrative action submitted under section

13 101(a)(2) to implement the Agreement shall, to the max14 imum extent feasible, be issued within 1 year after the

15 date of entry into force of the Agreement. In the case of

16 any implementing action that takes effect on a date after

17 the date of entry into force of the Agreement, initial regu18 lations to carry out that action shall, to the maximum ex19 tent feasible, be issued within 1 year after such effective

20 date.

21 SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PRO22 CEEDINGS.

23 (a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—

24 The President is authorized to establish or designate with25 in the Department of Commerce an office that shall be
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1 responsible for providing administrative assistance to pan2 els established under chapter 20 of the Agreement. Such

3 office may not be considered to be an agency for purposes

4 of section 552 of title 5, United States Code.

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated for each fiscal year after

7 fiscal year 2003 to the Department of Commerce such

8 sums as may be necessary for the establishment and oper9 ations of the office under subsection (a) and for the pay10 ment of the United States share of the expenses of panels

11 established under chapter 20 of the Agreement.

12 SEC. 106. ARBITRATION OF CERTAIN CLAIMS.

13 (a) SUBMISSION OF CERTAIN CLAIMS.—The United

14 States is authorized to resolve any claim against the

15 United States covered by article 15.15.1(a)(i)(C) or article

16 15.15.1(b)(i)(C) of the Agreement, pursuant to the Inves17 tor-State Dispute Settlement procedures set forth in sec18 tion C of chapter 15 of the Agreement.

19 (b) CONTRACT CLAUSES.—All contracts executed by

20 any agency of the United States on or after the date of

21 entry into force of the Agreement shall contain a clause

22 specifying the law that will apply to resolve any breach

23 of contract claim.
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1 SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.

2 (a) EFFECTIVE DATES.—Except as provided in sub3 section (b), the provisions of this Act and the amendments

4 made by this Act take effect on the date the Agreement

5 enters into force.

6 (b) EXCEPTIONS.—

7 (1) Sections 1 through 3 and this title take ef8 fect on the date of enactment of this Act.

9 (2) Section 205 takes effect on the date on

10 which the textile and apparel provisions of the

11 Agreement take effect pursuant to article 5.10 of

12 the Agreement.

13 (c) TERMINATION OF THE AGREEMENT.—On the

14 date on which the Agreement ceases to be in force, the

15 provisions of this Act (other than this subsection) and the

16 amendments made by this Act shall cease to be effective.

17 TITLE II—CUSTOMS PROVISIONS

18 SEC. 201. TARIFF MODIFICATIONS.

19 (a) TARIFF MODIFICATIONS PROVIDED FOR IN THE

20 AGREEMENT.—The President may proclaim—

21 (1) such modifications or continuation of any

22 duty,

23 (2) such continuation of duty-free or excise

24 treatment, or

25 (3) such additional duties—
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1 as the President determines to be necessary or appropriate

2 to carry out or apply articles 2.2, 2.5, 2.6, and 2.12 and

3 Annex 2B of the Agreement.

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

5 consultation and layover provisions of section 103(a), the

6 President may proclaim—

7 (1) such modifications or continuation of any

8 duty,

9 (2) such modifications as the United States

10 may agree to with Singapore regarding the staging

11 of any duty treatment set forth in Annex 2B of the

12 Agreement,

13 (3) such continuation of duty-free or excise

14 treatment, or

15 (4) such additional duties—

16 as the President determines to be necessary or appropriate

17 to maintain the general level of reciprocal and mutually

18 advantageous concessions with respect to Singapore pro19 vided for by the Agreement.

20 (c) CONVERSION TO AD VALOREM RATES.—For pur21 poses of subsections (a) and (b), with respect to any good

22 for which the base rate in the Schedule of the United

23 States set forth in Annex 2B of the Agreement is a spe24 cific or compound rate of duty, the President may sub-
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1 stitute for the base rate an ad valorem rate that the Presi2 dent determines to be equivalent to the base rate.

3 SEC. 202. RULES OF ORIGIN.

4 (a) ORIGINATING GOODS.—For purposes of this Act

5 and for purposes of implementing the tariff treatment pro6 vided for under the Agreement, except as otherwise pro7 vided in this section, a good is an originating good if—

8 (1) the good is wholly obtained or produced en9 tirely in the territory of Singapore, the United

10 States, or both;

11 (2) each nonoriginating material used in the

12 production of the good—

13 (A) undergoes an applicable change in tar14 iff classification set out in Annex 3A of the

15 Agreement as a result of production occurring

16 entirely in the territory of Singapore, the

17 United States, or both; or

18 (B) if no change in tariff classification is

19 required, the good otherwise satisfies the appli20 cable requirements of such Annex; or

21 (3) the good itself, as imported, is listed in

22 Annex 3B of the Agreement and is imported into the

23 territory of the United States from the territory of

24 Singapore.
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1 (b) DE MINIMIS AMOUNTS OF NONORIGINATING MA2 TERIALS.—

3 (1) IN GENERAL.—Except as provided for in

4 paragraphs (2) and (3), a good shall be considered

5 to be an originating good if—

6 (A) the value of all nonoriginating mate7 rials used in the production of the good that do

8 not undergo the required change in tariff classi9 fication under Annex 3A of the Agreement does

10 not exceed 10 percent of the adjusted value of

11 the good;

12 (B) if the good is subject to a regional

13 value-content requirement, the value of such

14 nonoriginating materials is taken into account

15 in calculating the regional value-content of the

16 good; and

17 (C) the good satisfies all other applicable

18 requirements of this section.

19 (2) EXCEPTIONS.—Paragraph (1) does not

20 apply to the following:

21 (A) A nonoriginating material provided for

22 in chapter 4 of the HTS or in subheading

23 1901.90 of the HTS that is used in the produc24 tion of a good provided for in chapter 4 of the

25 HTS.
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1 (B) A nonoriginating material provided for

2 in chapter 4 of the HTS or in subheading

3 1901.90 of the HTS that is used in the produc4 tion of a good provided for in heading 2105 or

5 in any of subheadings 1901.10, 1901.20,

6 1901.90, 2106.90, 2202.90, and 2309.90 of the

7 HTS.

8 (C) A nonoriginating material provided for

9 in heading 0805, or any of subheadings

10 2009.11.00 through 2009.39, of the HTS, that

11 is used in the production of a good provided for

12 in any of subheadings 2009.11.00 through

13 2009.39 or in subheading 2106.90 or 2202.90

14 of the HTS.

15 (D) A nonoriginating material provided for

16 in chapter 15 of the HTS that is used in the

17 production of a good provided for in any of

18 headings 1501.00.00 through 1508, 1512,

19 1514, and 1515 of the HTS.

20 (E) A nonoriginating material provided for

21 in heading 1701 of the HTS that is used in the

22 production of a good provided for in any of

23 headings 1701 through 1703 of the HTS.

24 (F) A nonoriginating material provided for

25 in chapter 17 of the HTS or heading
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1 1805.00.00 of the HTS that is used in the pro2 duction of a good provided for in subheading

3 1806.10 of the HTS.

4 (G) A nonoriginating material provided for

5 in any of headings 2203 through 2208 of the

6 HTS that is used in the production of a good

7 provided for in heading 2207 or 2208 of the

8 HTS.

9 (H) A nonoriginating material used in the

10 production of a good provided for in any of

11 chapters 1 through 21 of the HTS, unless the

12 nonoriginating material is provided for in a dif13 ferent subheading than the good for which ori14 gin is being determined under this section.

15 (3) GOODS PROVIDED FOR IN CHAPTERS 50

16 THROUGH 63 OF THE HTS.—

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

18 subparagraph (B), a good provided for in any

19 of chapters 50 through 63 of the HTS that is

20 not an originating good because certain fibers

21 or yarns used in the production of the compo22 nent of the good that determines the tariff clas23 sification of the good do not undergo an appli24 cable change in tariff classification set out in

25 Annex 3A of the Agreement shall be considered
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1 to be an originating good if the total weight of

2 all such fibers or yarns in that component is

3 not more than 7 percent of the total weight of

4 that component.

5 (B) CERTAIN TEXTILE OR APPAREL

6 GOODS.—

7 (i) TREATMENT AS ORIGINATING

8 GOOD.—A textile or apparel good con9 taining elastomeric yarns in the component

10 of the good that determines the tariff clas11 sification of the good shall be considered to

12 be an originating good only if such yarns

13 are wholly formed in the territory of Singa14 pore or the United States.

15 (ii) DEFINITION OF TEXTILE OR AP16 PAREL GOOD.—For purposes of this sub17 paragraph, the term ‘‘textile or apparel

18 good’’ means a product listed in the Annex

19 to the Agreement on Textiles and Clothing

20 referred to in section 101(d)(4) of the

21 Uruguay Round Agreements Act (19

22 U.S.C. 3511(d)(4)).

23 (c) ACCUMULATION.—

24 (1) ORIGINATING GOODS INCORPORATED IN

25 GOODS OF OTHER COUNTRY.—Originating materials
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1 from the territory of either Singapore or the United

2 States that are used in the production of a good in

3 the territory of the other country shall be considered

4 to originate in the territory of the other country.

5 (2) MULTIPLE PROCEDURES.—A good that is

6 produced in the territory of Singapore, the United

7 States, or both, by 1 or more producers is an origi8 nating good if the good satisfies the requirements of

9 subsection (a) and all other applicable requirements

10 of this section.

11 (d) REGIONAL VALUE-CONTENT.—

12 (1) IN GENERAL.—For purposes of subsection

13 (a)(2), the regional value-content of a good referred

14 to in Annex 3A of the Agreement shall be calculated,

15 at the choice of the person claiming preferential tar16 iff treatment for the good, on the basis of the build17 down method described in paragraph (2) or the

18 build-up method described in paragraph (3), unless

19 otherwise provided in Annex 3A of the Agreement.

20 (2) BUILD-DOWN METHOD.—

21 (A) IN GENERAL.—The regional value-con22 tent of a good may be calculated on the basis

23 of the following build-down method:

AV–VNM

RVC = ———— × 100

AV
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1 (B) DEFINITIONS.—For purposes of sub2 paragraph (A):

3 (i) The term ‘‘RVC’’ means the re4 gional value-content, expressed as a per5 centage.

6 (ii) The term ‘‘AV’’ means the ad7 justed value.

8 (iii) The term ‘‘VNM’’ means the

9 value of nonoriginating materials that are

10 acquired and used by the producer in the

11 production of the good.

12 (3) BUILD-UP METHOD.—

13 (A) IN GENERAL.—The regional value-con14 tent of a good may be calculated on the basis

15 of the following build-up method:

VOM

RVC = ———— × 100

AV

16 (B) DEFINITIONS.—For purposes of sub17 paragraph (A):

18 (i) The term ‘‘RVC’’ means the re19 gional value-content, expressed as a per20 centage.

21 (ii) The term ‘‘AV’’ means the ad22 justed value.
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1 (iii) The term ‘‘VOM’’ means the

2 value of originating materials that are ac3 quired or self-produced and are used by

4 the producer in the production of the good.

5 (e) VALUE OF MATERIALS.—

6 (1) IN GENERAL.—For purposes of calculating

7 the regional value-content of a good under sub8 section (d), and for purposes of applying the de

9 minimis rules under subsection (b), the value of a

10 material is—

11 (A) in the case of a material imported by

12 the producer of the good, the adjusted value of

13 the material;

14 (B) in the case of a material acquired in

15 the territory in which the good is produced, ex16 cept for a material to which subparagraph (C)

17 applies, the adjusted value of the material; or

18 (C) in the case of a material that is self19 produced, or in a case in which the relationship

20 between the producer of the good and the seller

21 of the material influenced the price actually

22 paid or payable for the material, including a

23 material obtained without charge, the sum of—
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1 (i) all expenses incurred in the pro2 duction of the material, including general

3 expenses; and

4 (ii) an amount for profit.

5 (2) FURTHER ADJUSTMENTS TO THE VALUE OF

6 MATERIALS.—

7 (A) ORIGINATING MATERIALS.—The fol8 lowing expenses, if not included in the value of

9 an originating material calculated under para10 graph (1), may be added to the value of the

11 originating material:

12 (i) The costs of freight, insurance,

13 packing, and all other costs incurred in

14 transporting the material to the location of

15 the producer.

16 (ii) Duties, taxes, and customs broker17 age fees on the material paid in the terri18 tory of Singapore, the United States, or

19 both, other than duties and taxes that are

20 waived, refunded, refundable, or otherwise

21 recoverable, including credit against duty

22 or tax paid or payable.

23 (iii) The cost of waste and spoilage re24 sulting from the use of the material in the
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1 production of the good, less the value of

2 renewable scrap or by-product.

3 (B) NONORIGINATING MATERIALS.—The

4 following expenses, if included in the value of a

5 nonoriginating material calculated under para6 graph (1), may be deducted from the value of

7 the nonoriginating material:

8 (i) The costs of freight, insurance,

9 packing, and all other costs incurred in

10 transporting the material to the location of

11 the producer.

12 (ii) Duties, taxes, and customs broker13 age fees on the material paid in the terri14 tory of Singapore, the United States, or

15 both, other than duties and taxes that are

16 waived, refunded, refundable, or otherwise

17 recoverable, including credit against duty

18 or tax paid or payable.

19 (iii) The cost of waste and spoilage re20 sulting from the use of the material in the

21 production of the good, less the value of

22 renewable scrap or by-product.

23 (iv) The cost of processing incurred in

24 the territory of Singapore or the United
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1 States in the production of the nonorigi2 nating material.

3 (v) The cost of originating materials

4 used in the production of the nonorigi5 nating material in the territory of Singa6 pore or the United States.

7 (f) ACCESSORIES, SPARE PARTS, OR TOOLS.—

8 (1) IN GENERAL.—Subject to paragraph (2),

9 accessories, spare parts, or tools delivered with the

10 good that form part of the good’s standard acces11 sories, spare parts, or tools shall—

12 (A) be treated as originating goods if the

13 good is an originating good; and

14 (B) be disregarded in determining whether

15 all the nonoriginating materials used in the pro16 duction of the good undergo an applicable

17 change in tariff classification set out in Annex

18 3A of the Agreement.

19 (2) CONDITIONS.—Paragraph (1) shall apply

20 only if—

21 (A) the accessories, spare parts, or tools

22 are not invoiced separately from the good;

23 (B) the quantities and value of the acces24 sories, spare parts, or tools are customary for

25 the good; and
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1 (C) if the good is subject to a regional

2 value-content requirement, the value of the ac3 cessories, spare parts, or tools is taken into ac4 count as originating or nonoriginating mate5 rials, as the case may be, in calculating the re6 gional value-content of the good.

7 (g) FUNGIBLE GOODS AND MATERIALS.—

8 (1) IN GENERAL.—

9 (A) CLAIM FOR PREFERENTIAL TREAT10 MENT.—A person claiming preferential tariff

11 treatment for a good may claim that a fungible

12 good or material is originating either based on

13 the physical segregation of each fungible good

14 or material or by using an inventory manage15 ment method.

16 (B) INVENTORY MANAGEMENT METHOD.—

17 In this subsection, the term ‘‘inventory manage18 ment method’’ means—

19 (i) averaging;

20 (ii) ‘‘last-in, first-out’’;

21 (iii) ‘‘first-in, first-out’’; or

22 (iv) any other method—

23 (I) recognized in the generally

24 accepted accounting principles of the

25 country in which the production is
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1 performed (whether Singapore or the

2 United States); or

3 (II) otherwise accepted by that

4 country.

5 (2) ELECTION OF INVENTORY METHOD.—A

6 person selecting an inventory management method

7 under paragraph (1) for particular fungible goods or

8 materials shall continue to use that method for those

9 fungible goods or materials throughout the fiscal

10 year of that person.

11 (h) PACKAGING MATERIALS AND CONTAINERS FOR

12 RETAIL SALE.—Packaging materials and containers in

13 which a good is packaged for retail sale, if classified with

14 the good, shall be disregarded in determining whether all

15 the nonoriginating materials used in the production of the

16 good undergo the applicable change in tariff classification

17 set out in Annex 3A of the Agreement and, if the good

18 is subject to a regional value-content requirement, the

19 value of such packaging materials and containers shall be

20 taken into account as originating or nonoriginating mate21 rials, as the case may be, in calculating the regional value22 content of the good.

23 (i) PACKING MATERIALS AND CONTAINERS FOR

24 SHIPMENT.—Packing materials and containers in which
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1 a good is packed for shipment shall be disregarded in de2 termining whether—

3 (1) the nonoriginating materials used in the

4 production of a good undergo an applicable change

5 in tariff classification set out in Annex 3A of the

6 Agreement; and

7 (2) the good satisfies a regional value-content

8 requirement.

9 (j) INDIRECT MATERIALS.—An indirect material

10 shall be considered to be an originating material without

11 regard to where it is produced, and its value shall be the

12 cost registered in the accounting records of the producer

13 of the good.

14 (k) THIRD COUNTRY OPERATIONS.—A good shall not

15 be considered to be an originating good by reason of hav16 ing undergone production that satisfies the requirements

17 of subsection (a) if, subsequent to that production, the

18 good undergoes further production or any other operation

19 outside the territories of Singapore and the United States,

20 other than unloading, reloading, or any other operation

21 necessary to preserve it in good condition or to transport

22 the good to the territory of Singapore or the United

23 States.

24 (l) SPECIAL RULE FOR APPAREL GOODS LISTED IN

25 CHAPTER 61 OR 62 OF THE HTS.—
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1 (1) IN GENERAL.—An apparel good listed in

2 chapter 61 or 62 of the HTS shall be considered to

3 be an originating good if it is both cut (or knit to

4 shape) and sewn or otherwise assembled in the terri5 tory of Singapore, the United States, or both, from

6 fabric or yarn, regardless of origin, designated in the

7 manner described in paragraph (2) as fabric or yarn

8 not available in commercial quantities in a timely

9 manner in the United States.

10 (2) DESIGNATION OF CERTAIN FABRIC AND

11 YARN.—The designation referred to in paragraph

12 (1) means a designation made in a notice published

13 in the Federal Register on or before November 15,

14 2002, identifying apparel goods made from fabric or

15 yarn eligible for entry into the United States under

16 subheading 9819.11.24 or 9820.11.27 of the HTS.

17 For purposes of this subsection, a reference in the

18 notice to fabric or yarn formed in the United States

19 is deemed to include fabric or yarn formed in Singa20 pore.

21 (m) APPLICATION AND INTERPRETATION.—In this

22 section:

23 (1) The basis for any tariff classification is the

24 HTS.
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1 (2) Any cost or value referred to in this section

2 shall be recorded and maintained in accordance with

3 the generally accepted accounting principles applica4 ble in the territory of the country in which the good

5 is produced (whether Singapore or the United

6 States).

7 (n) DEFINITIONS.—In this section:

8 (1) ADJUSTED VALUE.—The term ‘‘adjusted

9 value’’ means the value of a good determined under

10 articles 1 through 8, article 15, and the cor11 responding interpretative notes of the Agreement on

12 Implementation of Article VII of the General Agree13 ment on Tariffs and Trade 1994 referred to in sec14 tion 101(d)(8) of the Uruguay Round Agreements

15 Act, except that such value may be adjusted to ex16 clude any costs, charges, or expenses incurred for

17 transportation, insurance, and related services inci18 dent to the international shipment of the good from

19 the country of exportation to the place of importa20 tion.

21 (2) FUNGIBLE GOODS AND FUNGIBLE MATE22 RIALS.—The terms ‘‘fungible goods’’ and ‘‘fungible

23 materials’’ mean goods or materials, as the case may

24 be, that are interchangeable for commercial purposes

25 and the properties of which are essentially identical.
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1 (3) GENERALLY ACCEPTED ACCOUNTING PRIN2 CIPLES.—The term ‘‘generally accepted accounting

3 principles’’ means the recognized consensus or sub4 stantial authoritative support in the territory of

5 Singapore or the United States, as the case may be,

6 with respect to the recording of revenues, expenses,

7 costs, and assets and liabilities, the disclosure of in8 formation, and the preparation of financial state9 ments. The standards may encompass broad guide10 lines of general application as well as detailed stand11 ards, practices, and procedures.

12 (4) GOODS WHOLLY OBTAINED OR PRODUCED

13 ENTIRELY IN THE TERRITORY OF SINGAPORE, THE

14 UNITED STATES, OR BOTH.—The term ‘‘goods whol15 ly obtained or produced entirely in the territory of

16 Singapore, the United States, or both’’ means—

17 (A) mineral goods extracted in the terri18 tory of Singapore, the United States, or both;

19 (B) vegetable goods, as such goods are de20 fined in the Harmonized System, harvested in

21 the territory of Singapore, the United States, or

22 both;

23 (C) live animals born and raised in the ter24 ritory of Singapore, the United States, or both;
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1 (D) goods obtained from hunting, trap2 ping, fishing, or aquaculture conducted in the

3 territory of Singapore, the United States, or

4 both;

5 (E) goods (fish, shellfish, and other marine

6 life) taken from the sea by vessels registered or

7 recorded with Singapore or the United States

8 and flying the flag of that country;

9 (F) goods produced exclusively from prod10 ucts referred to in subparagraph (E) on board

11 factory ships registered or recorded with Singa12 pore or the United States and flying the flag of

13 that country;

14 (G) goods taken by Singapore or the

15 United States, or a person of Singapore or the

16 United States, from the seabed or beneath the

17 seabed outside territorial waters, if Singapore

18 or the United States has rights to exploit such

19 seabed;

20 (H) goods taken from outer space, if the

21 goods are obtained by Singapore or the United

22 States or a person of Singapore or the United

23 States and not processed in the territory of a

24 country other than Singapore or the United

25 States;
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1 (I) waste and scrap derived from—

2 (i) production in the territory of

3 Singapore, the United States, or both; or

4 (ii) used goods collected in the terri5 tory of Singapore, the United States, or

6 both, if such goods are fit only for the re7 covery of raw materials;

8 (J) recovered goods derived in the territory

9 of Singapore, the United States, or both, from

10 used goods; or

11 (K) goods produced in the territory of

12 Singapore, the United States, or both,

13 exclusively—

14 (i) from goods referred to in any of

15 subparagraphs (A) through (I); or

16 (ii) from the derivatives of goods re17 ferred to in clause (i).

18 (5) HARMONIZED SYSTEM.—The term ‘‘Har19 monized System’’ means the Harmonized Com20 modity Description and Coding System.

21 (6) INDIRECT MATERIAL.—The term ‘‘indirect

22 material’’ means a good used in the production, test23 ing, or inspection of a good but not physically incor24 porated into the good, or a good used in the mainte-
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1 nance of buildings or the operation of equipment as2 sociated with the production of a good, including—

3 (A) fuel and energy;

4 (B) tools, dies, and molds;

5 (C) spare parts and materials used in the

6 maintenance of equipment or buildings;

7 (D) lubricants, greases, compounding ma8 terials, and other materials used in production

9 or used to operate equipment or buildings;

10 (E) gloves, glasses, footwear, clothing,

11 safety equipment, and supplies;

12 (F) equipment, devices, and supplies used

13 for testing or inspecting the good;

14 (G) catalysts and solvents; and

15 (H) any other goods that are not incor16 porated into the good but the use of which in

17 the production of the good can reasonably be

18 demonstrated to be a part of that production.

19 (7) MATERIAL.—The term ‘‘material’’ means a

20 good that is used in the production of another good.

21 (8) MATERIAL THAT IS SELF-PRODUCED.—The

22 term ‘‘material that is self-produced’’ means a mate23 rial, such as a part or ingredient, produced by a pro24 ducer of a good and used by the producer in the pro25 duction of another good.
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1 (9) NONORIGINATING MATERIAL.—The term

2 ‘‘nonoriginating material’’ means a material that

3 does not qualify as an originating good under the

4 rules set out in this section.

5 (10) PREFERENTIAL TARIFF TREATMENT.—

6 The term ‘‘preferential tariff treatment’’ means the

7 customs duty rate that is applicable to an origi8 nating good pursuant to chapter 2 of the Agree9 ment.

10 (11) PRODUCER.—The term ‘‘producer’’ means

11 a person who grows, raises, mines, harvests, fishes,

12 traps, hunts, manufactures, processes, assembles, or

13 disassembles a good.

14 (12) PRODUCTION.—The term ‘‘production’’

15 means growing, mining, harvesting, fishing, raising,

16 trapping, hunting, manufacturing, processing, as17 sembling, or disassembling a good.

18 (13) RECOVERED GOODS.—

19 (A) IN GENERAL.—The term ‘‘recovered

20 goods’’ means materials in the form of indi21 vidual parts that are the result of—

22 (i) the complete disassembly of used

23 goods into individual parts; and

24 (ii) the cleaning, inspecting, testing,

25 or other processing of those parts as nec-
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1 essary for improvement to sound working

2 condition by one or more of the processes

3 described in subparagraph (B), in order

4 for such parts to be assembled with other

5 parts, including other parts that have un6 dergone the processes described in this

7 paragraph, in the production of a remanu8 factured good described in Annex 3C of

9 the Agreement.

10 (B) PROCESSES.—The processes referred

11 to in subparagraph (A)(ii) are welding, flame

12 spraying, surface machining, knurling, plating,

13 sleeving, and rewinding.

14 (14) REMANUFACTURED GOOD.—The term ‘‘re15 manufactured good’’ means an industrial good as16 sembled in the territory of Singapore or the United

17 States, that is listed in Annex 3C of the Agreement,

18 and—

19 (A) is entirely or partially comprised of re20 covered goods;

21 (B) has the same life expectancy and

22 meets the same performance standards as a

23 new good; and

24 (C) enjoys the same factory warranty as

25 such a new good.
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1 (15) TERRITORY.—The term ‘‘territory’’ has

2 the meaning given that term in Annex 1A of the

3 Agreement.

4 (16) USED.—The term ‘‘used’’ means used or

5 consumed in the production of goods.

6 (o) PRESIDENTIAL PROCLAMATION AUTHORITY.—

7 (1) IN GENERAL.—The President is authorized

8 to proclaim, as part of the HTS—

9 (A) the provisions set out in Annexes 3A,

10 3B, and 3C of the Agreement; and

11 (B) any additional subordinate category

12 necessary to carry out this title consistent with

13 the Agreement.

14 (2) MODIFICATIONS.—

15 (A) IN GENERAL.—Subject to the consulta16 tion and layover provisions of section 103(a),

17 the President may proclaim modifications to the

18 provisions proclaimed under the authority of

19 paragraph (1)(A), other than—

20 (i) the provisions of Annex 3B of the

21 Agreement; and

22 (ii) provisions of chapters 50 through

23 63 of the HTS, as included in Annex 3A

24 of the Agreement.
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1 (B) ADDITIONAL PROCLAMATIONS.—Not2 withstanding subparagraph (A), and subject to

3 the consultation and layover provisions of sec4 tion 103(a), the President may proclaim—

5 (i) modifications to the provisions pro6 claimed under the authority of paragraph

7 (1)(A) that are necessary to implement an

8 agreement with Singapore pursuant to ar9 ticle 3.18.4(c) of the Agreement; and

10 (ii) before the 1st anniversary of the

11 date of enactment of this Act, modifica12 tions to correct any typographical, clerical,

13 or other nonsubstantive technical error re14 garding the provisions of chapters 50

15 through 63 of the HTS, as included in

16 Annex 3A of the Agreement.

17 SEC. 203. CUSTOMS USER FEES.

18 Section 13031(b) of the Consolidated Omnibus Budg19 et Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is

20 amended by inserting after paragraph (12) the following:

21 ‘‘(13) No fee may be charged under subsection

22 (a) (9) or (10) with respect to goods that qualify as

23 originating goods under section 202 of the United

24 States-Singapore Free Trade Agreement Implemen25 tation Act. Any service for which an exemption from
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1 such fee is provided by reason of this paragraph may

2 not be funded with money contained in the Customs

3 User Fee Account.’’.

4 SEC. 204. DISCLOSURE OF INCORRECT INFORMATION.

5 Section 592(c) of the Tariff Act of 1930 (19 U.S.C.

6 1592(c)) is amended—

7 (1) by redesignating paragraph (7) as para8 graph (8); and

9 (2) by inserting after paragraph (6) the fol10 lowing new paragraph:

11 ‘‘(7) PRIOR DISCLOSURE REGARDING CLAIMS

12 UNDER THE UNITED STATES-SINGAPORE FREE

13 TRADE AGREEMENT.—

14 ‘‘(A) An importer shall not be subject to

15 penalties under subsection (a) for making an

16 incorrect claim that a good qualifies as an origi17 nating good under section 202 of the United

18 States-Singapore Free Trade Agreement Imple19 mentation Act if the importer, in accordance

20 with regulations issued by the Secretary of the

21 Treasury, voluntarily and promptly makes a

22 corrected declaration and pays any duties

23 owing.

24 ‘‘(B) In the regulations referred to in sub25 paragraph (A), the Secretary of the Treasury is
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1 authorized to prescribe time periods for making

2 a corrected declaration and paying duties owing

3 under subparagraph (A), if such periods are not

4 shorter than 1 year following the date on which

5 the importer makes the incorrect claim that a

6 good qualifies as an originating good.’’.

7 SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE

8 AND APPAREL GOODS.

9 (a) DENIAL OF PERMISSION TO CONDUCT SITE VIS10 ITS.—

11 (1) IN GENERAL.—Subject to paragraph (2), if

12 the Secretary of the Treasury proposes to conduct a

13 site visit at an enterprise registered under article 5.3

14 of the Agreement, and responsible officials of the en15 terprise do not consent to the proposed visit, the

16 President may exclude from the customs territory of

17 the United States textile and apparel goods pro18 duced or exported by that enterprise.

19 (2) TERMINATION OF EXCLUSION.—An exclu20 sion of textile and apparel goods produced or ex21 ported by an enterprise under paragraph (1) shall

22 terminate when the President determines that the

23 enterprise’s production of, and capability to produce,

24 the goods are consistent with statements by the en25 terprise that textile or apparel goods the enterprise
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1 produces or has produced are originating goods or

2 products of Singapore, as the case may be.

3 (b) KNOWING OR WILLFUL CIRCUMVENTION.—

4 (1) IN GENERAL.—If the President finds that

5 an enterprise of Singapore has knowingly or willfully

6 engaged in circumvention, the President may exclude

7 from the customs territory of the United States tex8 tile and apparel goods produced or exported by the

9 enterprise. An exclusion under this paragraph may

10 be imposed on the date beginning on the date a find11 ing of knowing or willful circumvention is made and

12 shall be in effect for a period not longer than the ap13 plicable period described in paragraph (2).

14 (2) TIME PERIODS.—

15 (A) FIRST FINDING.—With respect to a

16 first finding under paragraph (1), the applica17 ble period is 6 months.

18 (B) SECOND FINDING.—With respect to a

19 second finding under paragraph (1), the appli20 cable period is 2 years.

21 (C) THIRD AND SUBSEQUENT FINDING.—

22 With respect to a third or subsequent finding

23 under paragraph (1), the applicable period is 2

24 years. If, at the time of a third or subsequent

25 finding, an exclusion is in effect as a result of
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1 a previous finding, the 2-year period applicable

2 to the third or subsequent finding shall begin

3 on the day after the day on which the previous

4 exclusion terminates.

5 (c) CERTAIN OTHER INSTANCES OF CIRCUMVEN6 TION.—If the President consults with Singapore pursuant

7 to article 5.8 of the Agreement, the consultations fail to

8 result in a mutually satisfactory solution to the matters

9 at issue, and the President presents to Singapore clear

10 evidence of circumvention under the Agreement, the Presi11 dent may—

12 (1) deny preferential tariff treatment to the

13 goods involved in the circumvention; and

14 (2) deny preferential tariff treatment, for a pe15 riod not to exceed 4 years from the date on which

16 consultations pursuant to article 5.8 of the Agree17 ment conclude, to—

18 (A) textile and apparel goods produced by

19 the enterprise found to have engaged in the cir20 cumvention, including any successor of such en21 terprise; and

22 (B) textile and apparel goods produced by

23 any other entity owned or operated by a prin24 cipal of the enterprise, if the principal also is a

25 principal of the other entity.
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1 (d) DEFINITIONS.—In this section:

2 (1) GENERAL DEFINITIONS.—The terms ‘‘cir3 cumvention’’, ‘‘preferential tariff treatment’’, ‘‘prin4 cipal’’, and ‘‘textile and apparel goods’’ have the

5 meanings given such terms in chapter 5 of the

6 Agreement.

7 (2) ENTERPRISE.—The term ‘‘enterprise’’ has

8 the meaning given that term in article 1.2.3 of the

9 Agreement.

10 SEC. 206. REGULATIONS.

11 The Secretary of the Treasury shall prescribe such

12 regulations as may be necessary to carry out—

13 (1) subsections (a) through (n) of section 202,

14 and section 203;

15 (2) amendments made by the sections referred

16 to in paragraph (1); and

17 (3) proclamations issued under section 202(o).

18 TITLE III—RELIEF FROM

19 IMPORTS

20 SEC. 301. DEFINITIONS.

21 In this title:

22 (1) COMMISSION.—The term ‘‘Commission’’

23 means the United States International Trade Com24 mission.
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1 (2) SINGAPOREAN ARTICLE.—The term ‘‘Singa2 porean article’’ means an article that qualifies as an

3 originating good under section 202(a) of this Act.

4 (3) SINGAPOREAN TEXTILE OR APPAREL ARTI5 CLE.—The term ‘‘Singaporean textile or apparel ar6 ticle’’ means an article—

7 (A) that is listed in the Annex to the

8 Agreement on Textiles and Clothing referred to

9 in section 101(d)(4) of the Uruguay Round

10 Agreements Act (19 U.S.C. 3511(d)(4)); and

11 (B) that is a Singaporean article.

12 Subtitle A—Relief From Imports

13 Benefiting From the Agreement

14 SEC. 311. COMMENCING OF ACTION FOR RELIEF.

15 (a) FILING OF PETITION.—

16 (1) IN GENERAL.—A petition requesting action

17 under this subtitle for the purpose of adjusting to

18 the obligations of the United States under the

19 Agreement may be filed with the Commission by an

20 entity, including a trade association, firm, certified

21 or recognized union, or group of workers, that is

22 representative of an industry. The Commission shall

23 transmit a copy of any petition filed under this sub24 section to the United States Trade Representative.
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1 (2) PROVISIONAL RELIEF.—An entity filing a

2 petition under this subsection may request that pro3 visional relief be provided as if the petition had been

4 filed under section 202(a) of the Trade Act of 1974

5 (19 U.S.C. 2252(a)).

6 (3) CRITICAL CIRCUMSTANCES.—Any allegation

7 that critical circumstances exist shall be included in

8 the petition.

9 (b) INVESTIGATION AND DETERMINATION.—Upon

10 the filing of a petition under subsection (a), the Commis11 sion, unless subsection (d) applies, shall promptly initiate

12 an investigation to determine whether, as a result of the

13 reduction or elimination of a duty provided for under the

14 Agreement, a Singaporean article is being imported into

15 the United States in such increased quantities, in absolute

16 terms or relative to domestic production, and under such

17 conditions that imports of the Singaporean article con18 stitute a substantial cause of serious injury or threat

19 thereof to the domestic industry producing an article that

20 is like, or directly competitive with, the imported article.

21 (c) APPLICABLE PROVISIONS.—The following provi22 sions of section 202 of the Trade Act of 1974 (19 U.S.C.

23 2252) apply with respect to any investigation initiated

24 under subsection (b):
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1 (1) Paragraphs (1)(B) and (3) of subsection

2 (b).

3 (2) Subsection (c).

4 (3) Subsection (d).

5 (4) Subsection (i).

6 (d) ARTICLES EXEMPT FROM INVESTIGATION.—No

7 investigation may be initiated under this section with re8 spect to any Singaporean article if, after the date that the

9 Agreement enters into force, import relief has been pro10 vided with respect to that Singaporean article under—

11 (1) this subtitle;

12 (2) subtitle B;

13 (3) chapter 1 of title II of the Trade Act of

14 1974;

15 (4) article 6 of the Agreement on Textiles and

16 Clothing referred to in section 101(d)(4) of the Uru17 guay Round Agreements Act (19 U.S.C.

18 3511(d)(4)); or

19 (5) article 5 of the Agreement on Agriculture

20 referred to in section 101(d)(2) of the Uruguay

21 Round Agreements Act (19 U.S.C. 3511(d)(2)).

22 SEC. 312. COMMISSION ACTION ON PETITION.

23 (a) DETERMINATION.—Not later than 120 days (180

24 days if critical circumstances have been alleged) after the

25 date on which an investigation is initiated under section
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1 311(b) with respect to a petition, the Commission shall

2 make the determination required under that section.

3 (b) APPLICABLE PROVISIONS.—For purposes of this

4 subtitle, the provisions of paragraphs (1), (2), and (3) of

5 section 330(d) of the Tariff Act of 1930 (19 U.S.C.

6 1330(d) (1), (2), and (3)) shall be applied with respect

7 to determinations and findings made under this section

8 as if such determinations and findings were made under

9 section 202 of the Trade Act of 1974 (19 U.S.C. 2252).

10 (c) ADDITIONAL FINDING AND RECOMMENDATION IF

11 DETERMINATION AFFIRMATIVE.—If the determination

12 made by the Commission under subsection (a) with respect

13 to imports of an article is affirmative, or if the President

14 may consider a determination of the Commission to be an

15 affirmative determination as provided for under paragraph

16 (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C.

17 1330(d)), the Commission shall find, and recommend to

18 the President in the report required under subsection (d),

19 the amount of import relief that is necessary to remedy

20 or prevent the injury found by the Commission in the de21 termination and to facilitate the efforts of the domestic

22 industry to make a positive adjustment to import competi23 tion. The import relief recommended by the Commission

24 under this subsection shall be limited to the relief de25 scribed in section 313(c). Only those members of the Com-
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1 mission who voted in the affirmative under subsection (a)

2 are eligible to vote on the proposed action to remedy or

3 prevent the injury found by the Commission. Members of

4 the Commission who did not vote in the affirmative may

5 submit, in the report required under subsection (d), sepa6 rate views regarding what action, if any, should be taken

7 to remedy or prevent the injury.

8 (d) REPORT TO PRESIDENT.—Not later than the

9 date that is 30 days after the date on which a determina10 tion is made under subsection (a) with respect to an inves11 tigation, the Commission shall submit to the President a

12 report that includes—

13 (1) the determination made under subsection

14 (a) and an explanation of the basis for the deter15 mination;

16 (2) if the determination under subsection (a) is

17 affirmative, any findings and recommendations for

18 import relief made under subsection (c) and an ex19 planation of the basis for each recommendation; and

20 (3) any dissenting or separate views by mem21 bers of the Commission regarding the determination

22 and recommendation referred to in paragraphs (1)

23 and (2).

24 (e) PUBLIC NOTICE.—Upon submitting a report to

25 the President under subsection (d), the Commission shall
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1 promptly make public such report (with the exception of

2 information which the Commission determines to be con3 fidential) and shall cause a summary thereof to be pub4 lished in the Federal Register.

5 SEC. 313. PROVISION OF RELIEF.

6 (a) IN GENERAL.—Not later than the date that is

7 30 days after the date on which the President receives the

8 report of the Commission in which the Commission’s de9 termination under section 312(a) is affirmative, or which

10 contains a determination under section 312(a) that the

11 President considers to be affirmative under paragraph (1)

12 of section 330(d) of the Tariff Act of 1930 (19 U.S.C.

13 1330(d)(1)), the President, subject to subsection (b), shall

14 provide relief from imports of the article that is the subject

15 of such determination to the extent that the President de16 termines necessary to remedy or prevent the injury found

17 by the Commission and to facilitate the efforts of the do18 mestic industry to make a positive adjustment to import

19 competition.

20 (b) EXCEPTION.—The President is not required to

21 provide import relief under this section if the President

22 determines that the provision of the import relief will not

23 provide greater economic and social benefits than costs.

24 (c) NATURE OF RELIEF.—
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1 (1) IN GENERAL.—The import relief (including

2 provisional relief) that the President is authorized to

3 provide under this section with respect to imports of

4 an article is as follows:

5 (A) The suspension of any further reduc6 tion provided for under Annex 2B of the Agree7 ment in the duty imposed on such article.

8 (B) An increase in the rate of duty im9 posed on such article to a level that does not

10 exceed the lesser of—

11 (i) the column 1 general rate of duty

12 imposed under the HTS on like articles at

13 the time the import relief is provided; or

14 (ii) the column 1 general rate of duty

15 imposed under the HTS on like articles on

16 the day before the date on which the

17 Agreement enters into force.

18 (C) In the case of a duty applied on a sea19 sonal basis to such article, an increase in the

20 rate of duty imposed on the article to a level

21 that does not exceed the lesser of—

22 (i) the column 1 general rate of duty

23 imposed under the HTS on like articles for

24 the immediately preceding corresponding

25 season; or
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1 (ii) the column 1 general rate of duty

2 imposed under the HTS on like articles on

3 the day before the date on which the

4 Agreement enters into force.

5 (2) PROGRESSIVE LIBERALIZATION.—If the pe6 riod for which import relief is provided under this

7 section is greater than 1 year, the President shall

8 provide for the progressive liberalization (described

9 in article 7.28 of the Agreement) of such relief at

10 regular intervals during the period of its application.

11 (d) PERIOD OF RELIEF.—

12 (1) IN GENERAL.—Subject to paragraph (2),

13 the import relief that the President is authorized to

14 provide under this section may not exceed 2 years.

15 (2) EXTENSION.—

16 (A) IN GENERAL.—Subject to subpara17 graph (C), the President, after receiving an af18 firmative determination from the Commission

19 under subparagraph (B), may extend the effec20 tive period of any import relief provided under

21 this section if the President determines that—

22 (i) the import relief continues to be

23 necessary to prevent or remedy serious in24 jury and to facilitate adjustment; and
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1 (ii) there is evidence that the industry

2 is making a positive adjustment to import

3 competition.

4 (B) ACTION BY COMMISSION.—

5 (i) Upon a petition on behalf of the

6 industry concerned, filed with the Commis7 sion not earlier than the date which is 9

8 months, and not later than the date which

9 is 6 months, before the date on which any

10 action taken under subsection (a) is to ter11 minate, the Commission shall conduct an

12 investigation to determine whether action

13 under this section continues to be nec14 essary to remedy or prevent serious injury

15 and whether there is evidence that the in16 dustry is making a positive adjustment to

17 import competition.

18 (ii) The Commission shall publish no19 tice of the commencement of any pro20 ceeding under this subparagraph in the

21 Federal Register and shall, within a rea22 sonable time thereafter, hold a public hear23 ing at which the Commission shall afford

24 interested parties and consumers an oppor25 tunity to be present, to present evidence,
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1 and to respond to the presentations of

2 other parties and consumers, and other3 wise to be heard.

4 (iii) The Commission shall transmit to

5 the President a report on its investigation

6 and determination under this subpara7 graph not later than 60 days before the ac8 tion under subsection (a) is to terminate,

9 unless the President specifies a different

10 date.

11 (C) PERIOD OF IMPORT RELIEF.—The ef12 fective period of any import relief imposed

13 under this section, including any extensions

14 thereof, may not, in the aggregate, exceed 4

15 years.

16 (e) RATE AFTER TERMINATION OF IMPORT RE17 LIEF.—When import relief under this section is termi18 nated with respect to an article, the rate of duty on that

19 article shall be the rate that would have been in effect,

20 but for the provision of such relief, on the date the relief

21 terminates.

22 (f) ARTICLES EXEMPT FROM RELIEF.—No import

23 relief may be provided under this section on any article

24 that has been subject to import relief, after the entry into

25 force of the Agreement, under—
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1 (1) this subtitle;

2 (2) subtitle B;

3 (3) chapter 1 of title II of the Trade Act of

4 1974;

5 (4) article 6 of the Agreement on Textiles and

6 Clothing referred to in section 101(d)(4) of the Uru7 guay Round Agreements Act (19 U.S.C.

8 3511(d)(4)); or

9 (5) article 5 of the Agreement on Agriculture

10 referred to in section 101(d)(2) of the Uruguay

11 Round Agreements Act (19 U.S.C. 3511(d)(2)).

12 SEC. 314. TERMINATION OF RELIEF AUTHORITY.

13 (a) GENERAL RULE.—No import relief may be pro14 vided under this subtitle after the date that is 10 years

15 after the date on which the Agreement enters into force.

16 (b) EXCEPTION.—Import relief may be provided

17 under this subtitle in the case of a Singaporean article

18 after the date on which such relief would, but for this sub19 section, terminate under subsection (a), if the President

20 determines that Singapore has consented to such relief.

21 SEC. 315. COMPENSATION AUTHORITY.

22 For purposes of section 123 of the Trade Act of 1974

23 (19 U.S.C. 2133), any import relief provided by the Presi24 dent under section 313 shall be treated as action taken

25 under chapter 1 of title II of such Act.
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1 SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

2 Section 202(a)(8) of the Trade Act of 1974 (19

3 U.S.C. 2252(a)(8)) is amended in the first sentence—

4 (1) by striking ‘‘and’’; and

5 (2) by inserting before the period at the end ‘‘,

6 and title III of the United States-Singapore Free

7 Trade Agreement Implementation Act’’.

8 Subtitle B—Textile and Apparel

9 Safeguard Measures

10 SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.

11 (a) IN GENERAL.—A request under this subtitle for

12 the purpose of adjusting to the obligations of the United

13 States under the Agreement may be filed with the Presi14 dent by an interested party. Upon the filing of a request,

15 the President shall review the request to determine, from

16 information presented in the request, whether to com17 mence consideration of the request.

18 (b) PUBLICATION OF REQUEST.—If the President de19 termines that the request under subsection (a) provides

20 the information necessary for the request to be considered,

21 the President shall cause to be published in the Federal

22 Register a notice of commencement of consideration of the

23 request, and notice seeking public comments regarding the

24 request. The notice shall include the request and the dates

25 by which comments and rebuttals must be received.
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1 SEC. 322. DETERMINATION AND PROVISION OF RELIEF.

2 (a) DETERMINATION.—

3 (1) IN GENERAL.—Pursuant to a request made

4 by an interested party, the President shall determine

5 whether, as a result of the reduction or elimination

6 of a duty under the Agreement, a Singaporean tex7 tile or apparel article is being imported into the

8 United States in such increased quantities, in abso9 lute terms or relative to the domestic market for

10 that article, and under such conditions that imports

11 of the article constitute a substantial cause of seri12 ous damage, or actual threat thereof, to a domestic

13 industry producing an article that is like, or directly

14 competitive with, the imported article.

15 (2) SERIOUS DAMAGE.—In making a deter16 mination under paragraph (1), the President—

17 (A) shall examine the effect of increased

18 imports on the domestic industry, as reflected

19 in changes in such relevant economic factors as

20 output, productivity, utilization of capacity, in21 ventories, market share, exports, wages, em22 ployment, domestic prices, profits, and invest23 ment, none of which is necessarily decisive; and

24 (B) shall not consider changes in tech25 nology or consumer preference as factors sup-
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1 porting a determination of serious damage or

2 actual threat thereof.

3 (3) SUBSTANTIAL CAUSE.—For purposes of this

4 subsection, the term ‘‘substantial cause’’ means a

5 cause that is important and not less than any other

6 cause.

7 (b) PROVISION OF RELIEF.—

8 (1) IN GENERAL.—If a determination under

9 subsection (a) is affirmative, the President may pro10 vide relief from imports of the article that is the

11 subject of such determination, as described in para12 graph (2), to the extent that the President deter13 mines necessary to remedy or prevent the serious

14 damage and to facilitate adjustment by the domestic

15 industry.

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

17 President is authorized to provide under this sub18 section with respect to imports of an article is—

19 (A) the suspension of any further reduc20 tion provided for under Annex 2B of the Agree21 ment in the duty imposed on the article; or

22 (B) an increase in the rate of duty im23 posed on the article to a level that does not ex24 ceed the lesser of—
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1 (i) the column 1 general rate of duty

2 imposed under the HTS on like articles at

3 the time the import relief is provided; or

4 (ii) the column 1 general rate of duty

5 imposed under the HTS on like articles on

6 the day before the date on which the

7 Agreement enters into force.

8 SEC. 323. PERIOD OF RELIEF.

9 (a) IN GENERAL.—Subject to subsection (b), the im10 port relief that the President is authorized to provide

11 under section 322 may not exceed 2 years.

12 (b) EXTENSION.—

13 (1) IN GENERAL.—Subject to paragraph (2),

14 the President may extend the effective period of any

15 import relief provided under this subtitle if the

16 President determines that—

17 (A) the import relief continues to be nec18 essary to remedy or prevent serious damage

19 and to facilitate adjustment; and

20 (B) there is evidence that the industry is

21 making a positive adjustment to import com22 petition.

23 (2) LIMITATION.—The effective period of any

24 action under this subtitle, including any extensions

25 thereof, may not, in the aggregate, exceed 4 years.
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1 SEC. 324. ARTICLES EXEMPT FROM RELIEF.

2 The President may not provide import relief under

3 this subtitle with respect to any article if import relief pre4 viously has been provided under this subtitle with respect

5 to that article.

6 SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

7 When import relief under this subtitle is terminated

8 with respect to an article, the rate of duty on that article

9 shall be the rate that would have been in effect, but for

10 the provision of such relief, on the date the relief termi11 nates.

12 SEC. 326. TERMINATION OF RELIEF AUTHORITY.

13 No import relief may be provided under this subtitle

14 with respect to an article after the date that is 10 years

15 after the date on which the provisions of the Agreement

16 relating to trade in textile and apparel goods take effect

17 pursuant to article 5.10 of the Agreement.

18 SEC. 327. COMPENSATION AUTHORITY.

19 For purposes of section 123 of the Trade Act of 1974

20 (19 U.S.C. 2133), any import relief provided by the Presi21 dent under this subtitle shall be treated as action taken

22 under chapter 1 of title II of such Act.

23 SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.

24 The President may not release information which the

25 President considers to be confidential business informa26 tion unless the party submitting the confidential business
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1 information had notice, at the time of submission, that

2 such information would be released by the President, or

3 such party subsequently consents to the release of the in4 formation. To the extent business confidential information

5 is provided, a nonconfidential version of the information

6 shall also be provided, in which the business confidential

7 information is summarized or, if necessary, deleted.

8 Subtitle C—Cases Under Title II of

9 the Trade Act of 1974

10 SEC. 331. FINDINGS AND ACTION ON GOODS FROM SINGA11 PORE.

12 (a) EFFECT OF IMPORTS.—If, in any investigation

13 initiated under chapter 1 of title II of the Trade Act of

14 1974, the Commission makes an affirmative determination

15 (or a determination which the President may treat as an

16 affirmative determination under such chapter by reason

17 of section 330(d) of the Tariff Act of 1930), the Commis18 sion shall also find (and report to the President at the

19 time such injury determination is submitted to the Presi20 dent) whether imports of the article from Singapore are

21 a substantial cause of serious injury or threat thereof.

22 (b) PRESIDENTIAL DETERMINATION REGARDING

23 SINGAPOREAN IMPORTS.—In determining the nature and

24 extent of action to be taken under chapter 1 of title II

25 of the Trade Act of 1974, the President shall determine
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1 whether imports from Singapore are a substantial cause

2 of the serious injury or threat thereof found by the Com3 mission and, if such determination is in the negative, may

4 exclude from such action imports from Singapore.

5 TITLE IV—TEMPORARY ENTRY

6 OF BUSINESS PERSONS

7 SEC. 401. NONIMMIGRANT TRADERS AND INVESTORS.

8 Upon a basis of reciprocity secured by the Agree9 ment, an alien who is a national of Singapore (and any

10 spouse or child (as defined in section 101(b)(1) of the Im11 migration and Nationality Act (8 U.S.C. 1101(b)(1)) of

12 such alien, if accompanying or following to join the alien)

13 may, if otherwise eligible for a visa and if otherwise admis14 sible into the United States under the Immigration and

15 Nationality Act (8 U.S.C. 1101 et seq.), be considered to

16 be classifiable as a nonimmigrant under section

17 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if

18 entering solely for a purpose specified in clause (i) or (ii)

19 of such section 101(a)(15)(E). For purposes of this sec20 tion, the term ‘‘national’’ has the meaning given such term

21 in Annex 1A of the Agreement.

22 SEC. 402. NONIMMIGRANT PROFESSIONALS.

23 Section 214(g)(8) of the Immigration and Nationality

24 Act (8 U.S.C. 1184(g)(8)) is amended—
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1 (1) by amending subparagraph (A) to read as

2 follows:

3 ‘‘(8)(A) The agreements referred to in section

4 101(a)(15)(H)(i)(b1) are—

5 ‘‘(i) the United States-Chile Free Trade Agree6 ment; and

7 ‘‘(ii) the United States-Singapore Free Trade

8 Agreement.’’; and

9 (2) by amending subparagraph (B)(ii) to read

10 as follows:

11 ‘‘(ii) The annual numerical limitations described in

12 clause (i) shall not exceed—

13 ‘‘(I) 1,400 for nationals of Chile (as defined in

14 article 14.9 of the United States-Chile Free Trade

15 Agreement) for any fiscal year; and

16 ‘‘(II) 5,400 for nationals of Singapore (as de17 fined in Annex 1A of the United States-Singapore

18 Free Trade Agreement) for any fiscal year.’’.

Passed the House of Representatives July 24, 2003.

Attest:

Clerk.
108TH CONGRESS

1ST SESSION H. R. 2739

AN ACT

To implement the United States-Singapore Free

Trade Agreement.