One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To implement the United States-Singapore 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 StatesSingapore Free Trade Agreement Implementation Act’’.

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

is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Definitions.

TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE

AGREEMENT

Sec. 101. Approval and entry into force of the Agreement.

Sec. 102. Relationship of the agreement to United States and State law.

Sec. 103. Consultation and layover provisions for, and effective date of, proclaimed

actions.

Sec. 104. Implementing actions in anticipation of entry into force and initial regulations.

Sec. 105. Administration of dispute settlement proceedings.

Sec. 106. Arbitration of certain claims.

Sec. 107. Effective dates; effect of termination.

TITLE II—CUSTOMS PROVISIONS

Sec. 201. Tariff modifications.

Sec. 202. Rules of origin.

Sec. 203. Customs user fees.

Sec. 204. Disclosure of incorrect information.

Sec. 205. Enforcement relating to trade in textile and apparel goods.

Sec. 206. Regulations.

TITLE III—RELIEF FROM IMPORTS

Sec. 301. Definitions.

Subtitle A—Relief From Imports Benefiting From the Agreement

Sec. 311. Commencing of action for relief.

Sec. 312. Commission action on petition.

Sec. 313. Provision of relief.

Sec. 314. Termination of relief authority.

Sec. 315. Compensation authority.

Sec. 316. Confidential business information.

Subtitle B—Textile and Apparel Safeguard Measures

Sec. 321. Commencement of action for relief.

Sec. 322. Determination and provision of relief.

Sec. 323. Period of relief.

Sec. 324. Articles exempt from relief.

Sec. 325. Rate after termination of import relief.

Sec. 326. Termination of relief authority.
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Sec. 327. Compensation authority.

Sec. 328. Business confidential information.

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

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

TITLE IV—TEMPORARY ENTRY OF BUSINESS PERSONS

Sec. 401. Nonimmigrant traders and investors.

Sec. 402. Nonimmigrant professionals.

SEC. 2. PURPOSES.

The purposes of this Act are—

(1) to approve and implement the Free Trade Agreement

between the United States and the Republic of Singapore

entered into under the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002;

(2) to strengthen and develop economic relations between

the United States and Singapore for their mutual benefit;

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

the reduction and elimination of barriers to trade in goods

and services and to investment; and

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

and enhance the benefits of such Agreement.

SEC. 3. DEFINITIONS.

In this Act:

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

States-Singapore Free Trade Agreement approved by Congress

under section 101(a).

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

Schedule of the United States.

TITLE I—APPROVAL OF, AND GENERAL

PROVISIONS RELATING TO, THE

AGREEMENT

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

(a) APPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRA- TIVE ACTION.—Pursuant to section 2105 of the Bipartisan Trade

Promotion Authority Act of 2002 (19 U.S.C. 3805) and section

151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves— (1) the United States-Singapore Free Trade Agreement

entered into on May 6, 2003, with the Government of Singapore

and submitted to Congress on July 15, 2003; and

(2) the statement of administrative action proposed to

implement the Agreement that was submitted to Congress on

July 15, 2003.

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

At such time as the President determines that Singapore has taken

measures necessary to bring it into compliance with those provisions

of the Agreement that take effect on the date on which the Agreement enters into force, the President is authorized to exchange

notes with the Government of Singapore providing for the entry

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

United States.
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SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES

AND STATE LAW.

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

(1) UNITED STATES LAW TO PREVAIL IN CONFLICT.—No provision of the Agreement, nor the application of any such provision

to any person or circumstance, which is inconsistent with any

law of the United States shall have effect.

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

construed—

(A) to amend or modify any law of the United States,

or

(B) to limit any authority conferred under any law

of the United States,

unless specifically provided for in this Act.

(b) RELATIONSHIP OF AGREEMENT TO STATE LAW.—

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

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

is inconsistent with the Agreement, except in an action brought

by the United States for the purpose of declaring such law

or application invalid.

(2) DEFINITION OF STATE LAW.—For purposes of this subsection, the term ‘‘State law’’ includes—

(A) any law of a political subdivision of a State; and

(B) any State law regulating or taxing the business

of insurance.

(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REMEDIES.—No person other than the United States—

(1) shall have any cause of action or defense under the

Agreement or by virtue of congressional approval thereof; or

(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency,

or other instrumentality of the United States, any State, or

any political subdivision of a State on the ground that such

action or inaction is inconsistent with the Agreement.

SEC. 103. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

(a) CONSULTATION AND LAYOVER REQUIREMENTS.—If a provision

of this Act provides that the implementation of an action by the

President by proclamation is subject to the consultation and layover

requirements of this section, such action may be proclaimed only

if— (1) the President has obtained advice regarding the proposed action from— (A) the appropriate advisory committees established

under section 135 of the Trade Act of 1974; and

(B) the United States International Trade Commission;

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

on Finance of the Senate and the Committee on Ways and

Means of the House of Representatives that sets forth— (A) the action proposed to be proclaimed and the reasons therefor; and

(B) the advice obtained under paragraph (1);

(3) a period of 60 calendar days beginning on the first

day on which the requirements of paragraphs (1) and (2) have

been met has expired; and
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(4) the President has consulted with such Committees

regarding the proposed action during the period referred to

in paragraph (3).

(b) 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 subsection (a) may not take effect before the 15th day after

the date on which the text of the proclamation is published in

the Federal Register.

SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO

FORCE AND INITIAL REGULATIONS.

(a) IMPLEMENTING ACTIONS.— (1) PROCLAMATION AUTHORITY.—After the date of enactment of this Act— (A) the President may proclaim such actions, and

(B) other appropriate officers of the United States

Government may issue such regulations— as may be necessary to ensure that any provision of this Act,

or amendment made by this Act, that takes effect on the

date the Agreement enters into force is appropriately implemented on such date, but no such proclamation or regulation

may have an effective date earlier than the date of entry

into force.

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

in section 103(b) on the taking effect of proclaimed actions

is waived to the extent that the application of such restriction

would prevent the taking effect on the date the Agreement

enters into force of any action proclaimed under this section.

(b) INITIAL REGULATIONS.—Initial regulations necessary or

appropriate to carry out the actions required by or authorized

under this Act or proposed in the statement of administrative

action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1

year after the date of entry into force of the Agreement. In the

case of any implementing action that takes effect on a date after

the date of entry into force of the Agreement, initial regulations

to carry out that action shall, to the maximum extent feasible,

be issued within 1 year after such effective date.

SEC. 105. 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 20 of the

Agreement. Such office may not be considered to be an agency

for purposes of section 552 of title 5, United States Code.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for each fiscal year after fiscal year 2003 to

the Department of Commerce such sums as may be necessary

for the establishment and operations of the office under subsection

(a) and for the payment of the United States share of the expenses

of panels established under chapter 20 of the Agreement.

SEC. 106. ARBITRATION OF CERTAIN CLAIMS.

(a) SUBMISSION OF CERTAIN CLAIMS.—The United States is

authorized to resolve any claim against the United States covered

by article 15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement,
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pursuant to the Investor-State Dispute Settlement procedures set

forth in section C of chapter 15 of the Agreement.

(b) CONTRACT CLAUSES.—All contracts executed by any agency

of the United States on or after the date of entry into force of

the Agreement shall contain a clause specifying the law that will

apply to resolve any breach of contract claim.

SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.

(a) EFFECTIVE DATES.—Except as provided in subsection (b),

the provisions of this Act and the amendments made by this Act

take effect on the date the Agreement enters into force.

(b) EXCEPTIONS.—

(1) Sections 1 through 3 and this title take effect on the

date of enactment of this Act.

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

textile and apparel provisions of the Agreement take effect

pursuant to article 5.10 of the Agreement.

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

the Agreement ceases to be in force, the provisions of this Act

(other than this subsection) and the amendments made by this

Act shall cease to be effective.

TITLE II—CUSTOMS PROVISIONS

SEC. 201. TARIFF MODIFICATIONS.

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

The President may proclaim—

(1) such modifications or continuation of any duty,

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

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

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

of the Agreement.

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

and layover provisions of section 103(a), the President may

proclaim—

(1) such modifications or continuation of any duty,

(2) such modifications as the United States may agree

to with Singapore regarding the staging of any duty treatment

set forth in Annex 2B of the Agreement,

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

(4) such additional duties— as the President determines to be necessary or appropriate to

maintain the general level of reciprocal and mutually advantageous

concessions with respect to Singapore provided for by the Agreement.

(c) CONVERSION TO AD VALOREM RATES.—For purposes of subsections (a) and (b), with respect to any good for which the base

rate in the Schedule of the United States set forth in Annex 2B

of the Agreement is a specific or compound rate of duty, the President may substitute for the base rate an ad valorem rate that

the President determines to be equivalent to the base rate.

SEC. 202. RULES OF ORIGIN.

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

purposes of implementing the tariff treatment provided for under
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the Agreement, except as otherwise provided in this section, a

good is an originating good if—

(1) the good is wholly obtained or produced entirely in

the territory of Singapore, the United States, or both;

(2) each nonoriginating material used in the production

of the good—

(A) undergoes an applicable change in tariff classification set out in Annex 3A of the Agreement as a result

of production occurring entirely in the territory of Singapore, the United States, or both; or

(B) if no change in tariff classification is required,

the good otherwise satisfies the applicable requirements

of such Annex; or

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

of the Agreement and is imported into the territory of the

United States from the territory of Singapore.

(b) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.— (1) IN GENERAL.—Except as provided for in paragraphs

(2) and (3), a good shall be considered to be an originating

good if—

(A) the value of all nonoriginating materials used in

the production of the good that do not undergo the required

change in tariff classification under Annex 3A of the Agreement does not exceed 10 percent of the adjusted value

of the good;

(B) if the good is subject to a regional value-content

requirement, the value of such nonoriginating materials

is taken into account in calculating the regional valuecontent of the good; and

(C) the good satisfies all other applicable requirements

of this section.

(2) EXCEPTIONS.—Paragraph (1) does not apply to the following:

(A) A nonoriginating material provided for in chapter

4 of the HTS or in subheading 1901.90 of the HTS that

is used in the production of a good provided for in chapter

4 of the HTS.

(B) A nonoriginating material provided for in chapter

4 of the HTS or in subheading 1901.90 of the HTS that

is used in the production of a good provided for in heading

2105 or in any of subheadings 1901.10, 1901.20, 1901.90,

2106.90, 2202.90, and 2309.90 of the HTS.

(C) A nonoriginating material provided for in heading

0805, or any of subheadings 2009.11.00 through 2009.39,

of the HTS, that is used in the production of a good provided for in any of subheadings 2009.11.00 through 2009.39

or in subheading 2106.90 or 2202.90 of the HTS.

(D) A nonoriginating material provided for in chapter

15 of the HTS that is used in the production of a good

provided for in any of headings 1501.00.00 through 1508,

1512, 1514, and 1515 of the HTS.

(E) A nonoriginating material provided for in heading

1701 of the HTS that is used in the production of a good

provided for in any of headings 1701 through 1703 of

the HTS.

(F) A nonoriginating material provided for in chapter

17 of the HTS or heading 1805.00.00 of the HTS that
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is used in the production of a good provided for in subheading 1806.10 of the HTS.

(G) A nonoriginating material provided for in any of

headings 2203 through 2208 of the HTS that is used in

the production of a good provided for in heading 2207

or 2208 of the HTS.

(H) A nonoriginating material used in the production

of a good provided for in any of chapters 1 through 21

of the HTS, unless the nonoriginating material is provided

for in a different subheading than the good for which

origin is being determined under this section.

(3) GOODS PROVIDED FOR IN CHAPTERS 50 THROUGH 63 OF

THE HTS.—

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

(B), a good provided for in any of chapters 50 through

63 of the HTS that is not an originating good because

certain fibers or yarns used in the production of the component of the good that determines the tariff classification

of the good do not undergo an applicable change in tariff

classification set out in Annex 3A of the Agreement shall

be considered to be an originating good if the total weight

of all such fibers or yarns in that component is not more

than 7 percent of the total weight of that component.

(B) CERTAIN TEXTILE OR APPAREL GOODS.—

(i) TREATMENT AS ORIGINATING GOOD.—A textile

or apparel good containing elastomeric yarns in the

component of the good that determines the tariff classification of the good shall be considered to be an originating good only if such yarns are wholly formed in

the territory of Singapore or the United States.

(ii) DEFINITION OF TEXTILE OR APPAREL GOOD.—

For purposes of this subparagraph, the term ‘‘textile

or apparel good’’ means a product listed in the Annex

to the Agreement on Textiles and Clothing referred

to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).

(c) ACCUMULATION.—

(1) ORIGINATING GOODS INCORPORATED IN GOODS OF OTHER

COUNTRY.—Originating materials from the territory of either

Singapore or the United States that are used in the production

of a good in the territory of the other country shall be considered

to originate in the territory of the other country.

(2) MULTIPLE PROCEDURES.—A good that is produced in

the territory of Singapore, the United States, or both, by 1

or more producers is an originating good if the good satisfies

the requirements of subsection (a) and all other applicable

requirements of this section.

(d) REGIONAL VALUE-CONTENT.—

(1) IN GENERAL.—For purposes of subsection (a)(2), the

regional value-content of a good referred to in Annex 3A of

the Agreement shall be calculated, at the choice of the person

claiming preferential tariff treatment for the good, on the basis

of the build-down method described in paragraph (2) or the

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

provided in Annex 3A of the Agreement.

(2) BUILD-DOWN METHOD.—
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(A) IN GENERAL.—The regional value-content of a good

may be calculated on the basis of the following builddown method:

AV–VNM

RVC = ———— × 100

AV

(B) DEFINITIONS.—For purposes of subparagraph (A):

(i) The term ‘‘RVC’’ means the regional value-content, expressed as a percentage.

(ii) The term ‘‘AV’’ means the adjusted value.

(iii) The term ‘‘VNM’’ means the value of nonoriginating materials that are acquired and used by the

producer in the production of the good.

(3) BUILD-UP METHOD.—

(A) IN GENERAL.—The regional value-content of a good

may be calculated on the basis of the following buildup method:

VOM

RVC = ———— × 100

AV

(B) DEFINITIONS.—For purposes of subparagraph (A):

(i) The term ‘‘RVC’’ means the regional value-content, expressed as a percentage.

(ii) The term ‘‘AV’’ means the adjusted value.

(iii) The term ‘‘VOM’’ means the value of originating materials that are acquired or self-produced

and are used by the producer in the production of

the good.

(e) VALUE OF MATERIALS.—

(1) IN GENERAL.—For purposes of calculating the regional

value-content of a good under subsection (d), and for purposes

of applying the de minimis rules under subsection (b), the

value of a material is—

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

of the good, the adjusted value of the material;

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

in which the good is produced, except for a material to

which subparagraph (C) applies, the adjusted value of the

material; or

(C) in the case of a material that is self-produced,

or in a case in which the relationship between the producer

of the good and the seller of the material influenced the

price actually paid or payable for the material, including

a material obtained without charge, the sum of— (i) all expenses incurred in the production of the

material, including general expenses; and

(ii) an amount for profit.

(2) FURTHER ADJUSTMENTS TO THE VALUE OF MATERIALS.—

(A) ORIGINATING MATERIALS.—The following expenses,

if not included in the value of an originating material

calculated under paragraph (1), may be added to the value

of the originating material:
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(i) The costs of freight, insurance, packing, and

all other costs incurred in transporting the material

to the location of the producer.

(ii) Duties, taxes, and customs brokerage fees on

the material paid in the territory of Singapore, the

United States, or both, other than duties and taxes

that are waived, refunded, refundable, or otherwise

recoverable, including credit against duty or tax paid

or payable.

(iii) The cost of waste and spoilage resulting from

the use of the material in the production of the good,

less the value of renewable scrap or by-product.

(B) NONORIGINATING MATERIALS.—The following

expenses, if included in the value of a nonoriginating material calculated under paragraph (1), may be deducted from

the value of the nonoriginating material:

(i) The costs of freight, insurance, packing, and

all other costs incurred in transporting the material

to the location of the producer.

(ii) Duties, taxes, and customs brokerage fees on

the material paid in the territory of Singapore, the

United States, or both, other than duties and taxes

that are waived, refunded, refundable, or otherwise

recoverable, including credit against duty or tax paid

or payable.

(iii) The cost of waste and spoilage resulting from

the use of the material in the production of the good,

less the value of renewable scrap or by-product.

(iv) The cost of processing incurred in the territory

of Singapore or the United States in the production

of the nonoriginating material.

(v) The cost of originating materials used in the

production of the nonoriginating material in the territory of Singapore or the United States.

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

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

spare parts, or tools delivered with the good that form part

of the good’s standard accessories, spare parts, or tools shall—

(A) be treated as originating goods if the good is an

originating good; and

(B) be disregarded in determining whether all the nonoriginating materials used in the production of the good

undergo an applicable change in tariff classification set

out in Annex 3A of the Agreement.

(2) CONDITIONS.—Paragraph (1) shall apply only if—

(A) the accessories, spare parts, or tools are not

invoiced separately from the good;

(B) the quantities and value of the accessories, spare

parts, or tools are customary for the good; and

(C) if the good is subject to a regional value-content

requirement, the value of the accessories, spare parts, or

tools is taken into account as originating or nonoriginating

materials, as the case may be, in calculating the regional

value-content of the good.

(g) FUNGIBLE GOODS AND MATERIALS.—

(1) IN GENERAL.—
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(A) CLAIM FOR PREFERENTIAL TREATMENT.—A person

claiming preferential tariff treatment for a good may claim

that a fungible good or material is originating either based

on the physical segregation of each fungible good or material or by using an inventory management method.

(B) INVENTORY MANAGEMENT METHOD.—In this subsection, the term ‘‘inventory management method’’ means— (i) averaging;

(ii) ‘‘last-in, first-out’’;

(iii) ‘‘first-in, first-out’’; or

(iv) any other method— (I) recognized in the generally accepted

accounting principles of the country in which the

production is performed (whether Singapore or the

United States); or

(II) otherwise accepted by that country.

(2) ELECTION OF INVENTORY METHOD.—A person selecting

an inventory management method under paragraph (1) for

particular fungible goods or materials shall continue to use

that method for those fungible goods or materials throughout

the fiscal year of that person.

(h) PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE.—

Packaging materials and containers in which a good is packaged

for retail sale, if classified with the good, shall be disregarded

in determining whether all the nonoriginating materials used in

the production of the good undergo the applicable change in tariff

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

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

of such packaging materials and containers shall be taken into

account as originating or nonoriginating materials, as the case

may be, in calculating the regional value-content of the good.

(i) PACKING MATERIALS AND CONTAINERS FOR SHIPMENT.—

Packing materials and containers in which a good is packed for

shipment shall be disregarded in determining whether—

(1) the nonoriginating materials used in the production

of a good undergo an applicable change in tariff classification

set out in Annex 3A of the Agreement; and

(2) the good satisfies a regional value-content requirement.

(j) INDIRECT MATERIALS.—An indirect material shall be considered to be an originating material without regard to where it

is produced, and its value shall be the cost registered in the

accounting records of the producer of the good.

(k) THIRD COUNTRY OPERATIONS.—A good shall not be considered to be an originating good by reason of having undergone

production that satisfies the requirements of subsection (a) if, subsequent to that production, the good undergoes further production

or any other operation outside the territories of Singapore and

the United States, other than unloading, reloading, or any other

operation necessary to preserve it in good condition or to transport

the good to the territory of Singapore or the United States.

(l) SPECIAL RULE FOR APPAREL GOODS LISTED IN CHAPTER

61 OR 62 OF THE HTS.—

(1) IN GENERAL.—An apparel good listed in chapter 61

or 62 of the HTS shall be considered to be an originating

good if it is both cut (or knit to shape) and sewn or otherwise

assembled in the territory of Singapore, the United States,

or both, from fabric or yarn, regardless of origin, designated
H. R. 2739—11

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

not available in commercial quantities in a timely manner

in the United States.

(2) DESIGNATION OF CERTAIN FABRIC AND YARN.—The designation referred to in paragraph (1) means a designation made

in a notice published in the Federal Register on or before

November 15, 2002, identifying apparel goods made from fabric

or yarn eligible for entry into the United States under subheading 9819.11.24 or 9820.11.27 of the HTS. For purposes

of this subsection, a reference in the notice to fabric or yarn

formed in the United States is deemed to include fabric or

yarn formed in Singapore.

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

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

(2) Any cost or value referred to in this section shall be

recorded and maintained in accordance with the generally

accepted accounting principles applicable in the territory of

the country in which the good is produced (whether Singapore

or the United States).

(n) DEFINITIONS.—In this section:

(1) ADJUSTED VALUE.—The term ‘‘adjusted value’’ means

the value of a good determined under articles 1 through 8,

article 15, and the corresponding interpretative notes of the

Agreement on Implementation of Article VII of the General

Agreement on Tariffs and Trade 1994 referred to in section

101(d)(8) of the Uruguay Round Agreements Act, except that

such value may be adjusted to exclude any costs, charges,

or expenses incurred for transportation, insurance, and related

services incident to the international shipment of the good

from the country of exportation to the place of importation.

(2) FUNGIBLE GOODS AND FUNGIBLE MATERIALS.—The terms

‘‘fungible goods’’ and ‘‘fungible materials’’ mean goods or materials, as the case may be, that are interchangeable for commercial purposes and the properties of which are essentially identical.

(3) GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.—The

term ‘‘generally accepted accounting principles’’ means the recognized consensus or substantial authoritative support in the

territory of Singapore or the United States, as the case may

be, with respect to the recording of revenues, expenses, costs,

and assets and liabilities, the disclosure of information, and

the preparation of financial statements. The standards may

encompass broad guidelines of general application as well as

detailed standards, practices, and procedures.

(4) GOODS WHOLLY OBTAINED OR PRODUCED ENTIRELY IN

THE TERRITORY OF SINGAPORE, THE UNITED STATES, OR BOTH.—

The term ‘‘goods wholly obtained or produced entirely in the

territory of Singapore, the United States, or both’’ means—

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

(B) vegetable goods, as such goods are defined in the

Harmonized System, harvested in the territory of Singapore, the United States, or both;

(C) live animals born and raised in the territory of

Singapore, the United States, or both;
H. R. 2739—12

(D) goods obtained from hunting, trapping, fishing,

or aquaculture conducted in the territory of Singapore,

the United States, or both;

(E) goods (fish, shellfish, and other marine life) taken

from the sea by vessels registered or recorded with Singapore or the United States and flying the flag of that

country;

(F) goods produced exclusively from products referred

to in subparagraph (E) on board factory ships registered

or recorded with Singapore or the United States and flying

the flag of that country;

(G) goods taken by Singapore or the United States,

or a person of Singapore or the United States, from the

seabed or beneath the seabed outside territorial waters,

if Singapore or the United States has rights to exploit

such seabed;

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

obtained by Singapore or the United States or a person

of Singapore or the United States and not processed in

the territory of a country other than Singapore or the

United States;

(I) waste and scrap derived from—

(i) production in the territory of Singapore, the

United States, or both; or

(ii) used goods collected in the territory of Singapore, the United States, or both, if such goods are

fit only for the recovery of raw materials;

(J) recovered goods derived in the territory of Singapore, the United States, or both, from used goods; or

(K) goods produced in the territory of Singapore, the

United States, or both, exclusively—

(i) from goods referred to in any of subparagraphs

(A) through (I); or

(ii) from the derivatives of goods referred to in

clause (i).

(5) HARMONIZED SYSTEM.—The term ‘‘Harmonized System’’

means the Harmonized Commodity Description and Coding

System.

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

means a good used in the production, testing, or inspection

of a good but not physically incorporated into the good, or

a good used in the maintenance of buildings or the operation

of equipment associated with the production of a good,

including—

(A) fuel and energy;

(B) tools, dies, and molds;

(C) spare parts and materials used in the maintenance

of equipment or buildings;

(D) lubricants, greases, compounding materials, and

other materials used in production or used to operate equipment or buildings;

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

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

or inspecting the good;

(G) catalysts and solvents; and
H. R. 2739—13

(H) any other goods that are not incorporated into

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

good can reasonably be demonstrated to be a part of that

production.

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

is used in the production of another good.

(8) MATERIAL THAT IS SELF-PRODUCED.—The term ‘‘material

that is self-produced’’ means a material, such as a part or

ingredient, produced by a producer of a good and used by

the producer in the production of another good.

(9) NONORIGINATING MATERIAL.—The term ‘‘nonoriginating

material’’ means a material that does not qualify as an originating good under the rules set out in this section.

(10) PREFERENTIAL TARIFF TREATMENT.—The term ‘‘preferential tariff treatment’’ means the customs duty rate that

is applicable to an originating good pursuant to chapter 2

of the Agreement.

(11) PRODUCER.—The term ‘‘producer’’ means a person who

grows, raises, mines, harvests, fishes, traps, hunts, manufactures, processes, assembles, or disassembles a good.

(12) PRODUCTION.—The term ‘‘production’’ means growing,

mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling, or disassembling a good.

(13) RECOVERED GOODS.—

(A) IN GENERAL.—The term ‘‘recovered goods’’ means

materials in the form of individual parts that are the

result of—

(i) the complete disassembly of used goods into

individual parts; and

(ii) the cleaning, inspecting, testing, or other processing of those parts as necessary for improvement

to sound working condition by one or more of the

processes described in subparagraph (B), in order for

such parts to be assembled with other parts, including

other parts that have undergone the processes

described in this paragraph, in the production of a

remanufactured good described in Annex 3C of the

Agreement.

(B) PROCESSES.—The processes referred to in subparagraph (A)(ii) are welding, flame spraying, surface

machining, knurling, plating, sleeving, and rewinding.

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

good’’ means an industrial good assembled in the territory

of Singapore or the United States, that is listed in Annex

3C of the Agreement, and—

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

(B) has the same life expectancy and meets the same

performance standards as a new good; and

(C) enjoys the same factory warranty as such a new

good.

(15) TERRITORY.—The term ‘‘territory’’ has the meaning

given that term in Annex 1A of the Agreement.

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

in the production of goods.

(o) PRESIDENTIAL PROCLAMATION AUTHORITY.—

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

as part of the HTS—
H. R. 2739—14

(A) the provisions set out in Annexes 3A, 3B, and

3C of the Agreement; and

(B) any additional subordinate category necessary to

carry out this title consistent with the Agreement.

(2) MODIFICATIONS.— (A) IN GENERAL.—Subject to the consultation and layover provisions of section 103(a), the President may proclaim modifications to the provisions proclaimed under the

authority of paragraph (1)(A), other than— (i) the provisions of Annex 3B of the Agreement;

and

(ii) provisions of chapters 50 through 63 of the

HTS, as included in Annex 3A of the Agreement.

(B) ADDITIONAL PROCLAMATIONS.—Notwithstanding

subparagraph (A), and subject to the consultation and layover provisions of section 103(a), the President may

proclaim—

(i) modifications to the provisions proclaimed under

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

to implement an agreement with Singapore pursuant

to article 3.18.4(c) of the Agreement; and

(ii) before the 1st anniversary of the date of enactment of this Act, modifications to correct any typographical, clerical, or other nonsubstantive technical

error regarding the provisions of chapters 50 through

63 of the HTS, as included in Annex 3A of the Agreement.

SEC. 203. CUSTOMS USER FEES.

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

paragraph (12) the following: ‘‘(13) No fee may be charged under subsection (a) (9) or

(10) with respect to goods that qualify as originating goods

under section 202 of the United States-Singapore Free Trade

Agreement Implementation Act. Any service for which an

exemption from such fee is provided by reason of this paragraph

may not be funded with money contained in the Customs User

Fee Account.’’.

SEC. 204. DISCLOSURE OF INCORRECT INFORMATION.

Section 592(c) of the Tariff Act of 1930 (19 U.S.C. 1592(c))

is amended— (1) by redesignating paragraph (7) as paragraph (8); and

(2) by inserting after paragraph (6) the following new paragraph: ‘‘(7) PRIOR DISCLOSURE REGARDING CLAIMS UNDER THE

UNITED STATES-SINGAPORE FREE TRADE AGREEMENT.— ‘‘(A) An importer shall not be subject to penalties under

subsection (a) for making an incorrect claim that a good

qualifies as an originating good under section 202 of the

United States-Singapore Free Trade Agreement

Implementation Act if the importer, in accordance with

regulations issued by the Secretary of the Treasury, voluntarily and promptly makes a corrected declaration and

pays any duties owing.

‘‘(B) In the regulations referred to in subparagraph

(A), the Secretary of the Treasury is authorized to prescribe
H. R. 2739—15

time periods for making a corrected declaration and paying

duties owing under subparagraph (A), if such periods are

not shorter than 1 year following the date on which the

importer makes the incorrect claim that a good qualifies

as an originating good.’’.

SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND

APPAREL GOODS.

(a) DENIAL OF PERMISSION TO CONDUCT SITE VISITS.— (1) IN GENERAL.—Subject to paragraph (2), if the Secretary

of the Treasury proposes to conduct a site visit at an enterprise

registered under article 5.3 of the Agreement, and responsible

officials of the enterprise do not consent to the proposed visit,

the President may exclude from the customs territory of the

United States textile and apparel goods produced or exported

by that enterprise.

(2) TERMINATION OF EXCLUSION.—An exclusion of textile

and apparel goods produced or exported by an enterprise under

paragraph (1) shall terminate when the President determines

that the enterprise’s production of, and capability to produce,

the goods are consistent with statements by the enterprise

that textile or apparel goods the enterprise produces or has

produced are originating goods or products of Singapore, as

the case may be.

(b) KNOWING OR WILLFUL CIRCUMVENTION.—

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

of Singapore has knowingly or willfully engaged in circumvention, the President may exclude from the customs territory

of the United States textile and apparel goods produced or

exported by the enterprise. An exclusion under this paragraph

may be imposed on the date beginning on the date a finding

of knowing or willful circumvention is made and shall be in

effect for a period not longer than the applicable period

described in paragraph (2).

(2) TIME PERIODS.—

(A) FIRST FINDING.—With respect to a first finding

under paragraph (1), the applicable period is 6 months.

(B) SECOND FINDING.—With respect to a second finding

under paragraph (1), the applicable period is 2 years.

(C) THIRD AND SUBSEQUENT FINDING.—With respect

to a third or subsequent finding under paragraph (1), the

applicable period is 2 years. If, at the time of a third

or subsequent finding, an exclusion is in effect as a result

of a previous finding, the 2-year period applicable to the

third or subsequent finding shall begin on the day after

the day on which the previous exclusion terminates.

(c) CERTAIN OTHER INSTANCES OF CIRCUMVENTION.—If the

President consults with Singapore pursuant to article 5.8 of the

Agreement, the consultations fail to result in a mutually satisfactory

solution to the matters at issue, and the President presents to

Singapore clear evidence of circumvention under the Agreement,

the President may—

(1) deny preferential tariff treatment to the goods involved

in the circumvention; and

(2) deny preferential tariff treatment, for a period not to

exceed 4 years from the date on which consultations pursuant

to article 5.8 of the Agreement conclude, to—
H. R. 2739—16

(A) textile and apparel goods produced by the enterprise found to have engaged in the circumvention, including

any successor of such enterprise; and

(B) textile and apparel goods produced by any other

entity owned or operated by a principal of the enterprise,

if the principal also is a principal of the other entity.

(d) DEFINITIONS.—In this section:

(1) GENERAL DEFINITIONS.—The terms ‘‘circumvention’’, ‘‘preferential tariff treatment’’, ‘‘principal’’, and ‘‘textile and

apparel goods’’ have the meanings given such terms in chapter

5 of the Agreement.

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

given that term in article 1.2.3 of the Agreement.

SEC. 206. REGULATIONS.

The Secretary of the Treasury shall prescribe such regulations

as may be necessary to carry out— (1) subsections (a) through (n) of section 202, and section

203;

(2) amendments made by the sections referred to in paragraph (1); and

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

TITLE III—RELIEF FROM IMPORTS

SEC. 301. DEFINITIONS.

In this title:

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

United States International Trade Commission.

(2) SINGAPOREAN ARTICLE.—The term ‘‘Singaporean article’’ means an article that qualifies as an originating good under

section 202(a) of this Act.

(3) SINGAPOREAN TEXTILE OR APPAREL ARTICLE.—The term

‘‘Singaporean textile or apparel article’’ means an article—

(A) that is listed in the Annex to the Agreement on

Textiles and Clothing referred to in section 101(d)(4) of

the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4));

and

(B) that is a Singaporean article.

Subtitle A—Relief From Imports Benefiting

From the Agreement

SEC. 311. COMMENCING OF ACTION FOR RELIEF.

(a) FILING OF PETITION.—

(1) IN GENERAL.—A petition requesting action under this

subtitle for the purpose of adjusting to the obligations of the

United States under the Agreement may be filed with the

Commission by an entity, including a trade association, firm,

certified or recognized union, or group of workers, that is representative of an industry. The Commission shall transmit

a copy of any petition filed under this subsection to the United

States Trade Representative.

(2) PROVISIONAL RELIEF.—An entity filing a petition under

this subsection may request that provisional relief be provided
H. R. 2739—17

as if the petition had been filed under section 202(a) of the

Trade Act of 1974 (19 U.S.C. 2252(a)).

(3) CRITICAL CIRCUMSTANCES.—Any allegation that critical

circumstances exist shall be included in the petition.

(b) INVESTIGATION AND DETERMINATION.—Upon the filing of

a petition under subsection (a), the Commission, unless subsection

(d) applies, shall promptly initiate an investigation to determine

whether, as a result of the reduction or elimination of a duty

provided for under the Agreement, a Singaporean article is being

imported into the United States in such increased quantities, in

absolute terms or relative to domestic production, and under such

conditions that imports of the Singaporean article constitute a

substantial cause of serious injury or threat thereof to the domestic

industry producing an article that is like, or directly competitive

with, the imported article.

(c) APPLICABLE PROVISIONS.—The following provisions of section

202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect

to any investigation initiated under subsection (b):

(1) Paragraphs (1)(B) and (3) of subsection (b).

(2) Subsection (c).

(3) Subsection (d).

(4) Subsection (i).

(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation

may be initiated under this section with respect to any Singaporean

article if, after the date that the Agreement enters into force,

import relief has been provided with respect to that Singaporean

article under—

(1) this subtitle;

(2) subtitle B;

(3) chapter 1 of title II of the Trade Act of 1974;

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

referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); or

(5) article 5 of the Agreement on Agriculture referred to

in section 101(d)(2) of the Uruguay Round Agreements Act

(19 U.S.C. 3511(d)(2)).

SEC. 312. COMMISSION ACTION ON PETITION.

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

critical circumstances have been alleged) after the date on which

an investigation is initiated under section 311(b) with respect to

a petition, the Commission shall make the determination required

under that section.

(b) APPLICABLE PROVISIONS.—For purposes of this subtitle, the

provisions of paragraphs (1), (2), and (3) of section 330(d) of the

Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be

applied with respect to determinations and findings made under

this section as if such determinations and findings were made

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

(c) ADDITIONAL FINDING AND RECOMMENDATION IF DETERMINA- TION AFFIRMATIVE.—If the determination made by the Commission

under subsection (a) with respect to imports of an article is affirmative, or if the President may consider a determination of the

Commission to be an affirmative determination as provided for

under paragraph (1) of section 330(d) of the Tariff Act of 1930

(19 U.S.C. 1330(d)), the Commission shall find, and recommend

to the President in the report required under subsection (d), the
H. R. 2739—18

amount of import relief that is necessary to remedy or prevent

the injury found by the Commission in the determination and

to facilitate the efforts of the domestic industry to make a positive

adjustment to import competition. The import relief recommended

by the Commission under this subsection shall be limited to the

relief described in section 313(c). Only those members of the

Commission who voted in the affirmative under subsection (a) are

eligible to vote on the proposed action to remedy or prevent the

injury found by the Commission. Members of the Commission who

did not vote in the affirmative may submit, in the report required

under subsection (d), separate views regarding what action, if any,

should be taken to remedy or prevent the injury.

(d) REPORT TO PRESIDENT.—Not later than the date that is

30 days after the date on which a determination is made under

subsection (a) with respect to an investigation, the Commission

shall submit to the President a report that includes—

(1) the determination made under subsection (a) and an

explanation of the basis for the determination;

(2) if the determination under subsection (a) is affirmative,

any findings and recommendations for import relief made under

subsection (c) and an explanation of the basis for each recommendation; and

(3) any dissenting or separate views by members of the

Commission regarding the determination and recommendation

referred to in paragraphs (1) and (2).

(e) 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 (including provisional

relief) that the President is authorized to provide under this

section with respect to imports of an article is as follows:

(A) The suspension of any further reduction provided

for under Annex 2B of the Agreement in the duty imposed

on such article.

(B) An increase in the rate of duty imposed on such

article to a level that does not exceed the lesser of—
H. R. 2739—19

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

the HTS on like articles at the time the import relief

is provided; or

(ii) the column 1 general rate of duty imposed

under the HTS on like articles on the day before the

date on which the Agreement enters into force.

(C) In the case of a duty applied on a seasonal basis

to such article, an increase in the rate of duty imposed

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

of— (i) the column 1 general rate of duty imposed under

the HTS on like articles for the immediately preceding

corresponding season; or

(ii) the column 1 general rate of duty imposed

under the HTS on like articles on the day before the

date on which the Agreement enters into force.

(2) PROGRESSIVE LIBERALIZATION.—If the period for which

import relief is provided under this section is greater than

1 year, the President shall provide for the progressive liberalization (described in article 7.28 of the Agreement) of such relief

at regular intervals during the period of its application.

(d) PERIOD OF RELIEF.—

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

that the President is authorized to provide under this section

may not exceed 2 years.

(2) EXTENSION.—

(A) IN GENERAL.—Subject to subparagraph (C), the

President, after receiving an affirmative determination

from the Commission under subparagraph (B), may extend

the effective period of any import relief provided under

this section if the President determines that—

(i) the import relief continues to be necessary to

prevent or remedy serious injury and to facilitate

adjustment; and

(ii) there is evidence that the industry is making

a positive adjustment to import competition.

(B) ACTION BY COMMISSION.—

(i) Upon a petition on behalf of the industry concerned, filed with the Commission not earlier than

the date which is 9 months, and not later than the

date which is 6 months, before the date on which

any action taken under subsection (a) is to terminate,

the Commission shall conduct an investigation to determine whether action under this section continues to

be necessary to remedy or prevent serious injury and

whether there is evidence that the industry is making

a positive adjustment to import competition.

(ii) 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) The Commission shall transmit to the President a report on its investigation and determination
H. R. 2739—20

under this subparagraph not later than 60 days before

the action under subsection (a) is to terminate, unless

the President specifies a different date.

(C) PERIOD OF IMPORT RELIEF.—The effective period

of any import relief imposed under this section, including

any extensions thereof, may not, in the aggregate, exceed

4 years.

(e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import

relief under this section is terminated with respect to an article,

the rate of duty on that article shall be the rate that would have

been in effect, but for the provision of such relief, on the date

the relief terminates.

(f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be

provided under this section on any article that has been subject

to import relief, after the entry into force of the Agreement, under—

(1) this subtitle;

(2) subtitle B;

(3) chapter 1 of title II of the Trade Act of 1974;

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

referred to in section 101(d)(4) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); or

(5) article 5 of the Agreement on Agriculture referred to

in section 101(d)(2) of the Uruguay Round Agreements Act

(19 U.S.C. 3511(d)(2)).

SEC. 314. TERMINATION OF RELIEF AUTHORITY.

(a) GENERAL RULE.—No import relief may be provided under

this subtitle after the date that is 10 years after the date on

which the Agreement enters into force.

(b) EXCEPTION.—Import relief may be provided under this subtitle in the case of a Singaporean article after the date on which

such relief would, but for this subsection, terminate under subsection (a), if the President determines that Singapore has consented to such relief.

SEC. 315. COMPENSATION AUTHORITY.

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

U.S.C. 2133), any import relief provided by the President under

section 313 shall be treated as action taken under chapter 1 of

title II of such Act.

SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.

Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8))

is amended in the first sentence— (1) by striking ‘‘and’’; and

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

III of the United States-Singapore Free Trade Agreement

Implementation Act’’.

Subtitle B—Textile and Apparel Safeguard

Measures

SEC. 321. 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.
H. R. 2739—21

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 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.—Pursuant to a request made by an

interested party, the President shall determine whether, as

a result of the reduction or elimination of a duty under the

Agreement, a Singaporean textile or apparel article is being

imported into the United States in such increased quantities,

in absolute terms or relative to the domestic market for that

article, and under such conditions that imports of the article

constitute a substantial cause of serious damage, or actual

threat thereof, to a domestic industry producing an article

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

(2) SERIOUS DAMAGE.—In making a determination under

paragraph (1), the President—

(A) shall examine the effect of increased imports on

the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization

of capacity, inventories, market share, exports, wages,

employment, domestic prices, profits, and investment, none

of which is necessarily decisive; and

(B) shall not consider changes in technology or consumer preference as factors supporting a determination

of serious damage or actual threat thereof.

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

the term ‘‘substantial cause’’ means a cause that is important

and not less than any other cause.

(b) PROVISION OF RELIEF.—

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

is affirmative, the President may provide relief from imports

of the article that is the subject of such determination, as

described in paragraph (2), to the extent that the President

determines necessary to remedy or prevent the serious damage

and to facilitate adjustment by the domestic industry.

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

authorized to provide under this subsection with respect to

imports of an article is—

(A) the suspension of any further reduction provided

for under Annex 2B of the Agreement in the duty imposed

on the article; or

(B) an increase in the rate of duty imposed on the

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

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

the HTS on like articles at the time the import relief

is provided; or
H. R. 2739—22

(ii) the column 1 general rate of duty imposed

under the HTS on like articles on the day before the

date on which the Agreement enters into force.

SEC. 323. PERIOD OF RELIEF.

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

that the President is authorized to provide under section 322 may

not exceed 2 years.

(b) EXTENSION.—

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

may extend the effective period of any import relief provided

under this subtitle if the President determines that—

(A) the import relief continues to be necessary to

remedy or prevent serious damage and to facilitate adjustment; and

(B) there is evidence that the industry is making a

positive adjustment to import competition.

(2) LIMITATION.—The effective period of any action under

this subtitle, including any extensions thereof, may not, in

the aggregate, exceed 4 years.

SEC. 324. ARTICLES EXEMPT FROM RELIEF.

The President may not provide import relief under this subtitle

with respect to any article if import relief previously has been

provided under this subtitle with respect to that article.

SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.

When import relief under this subtitle is terminated with

respect to an article, the rate of duty on that article shall be

the rate that would have been in effect, but for the provision

of such relief, on the date the relief terminates.

SEC. 326. TERMINATION OF RELIEF AUTHORITY.

No import relief may be provided under this subtitle with

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

date on which the provisions of the Agreement relating to trade

in textile and apparel goods take effect pursuant to article 5.10

of the Agreement.

SEC. 327. 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. BUSINESS CONFIDENTIAL INFORMATION.

The President may not release information which the President

considers to be confidential business information unless the party

submitting the confidential business information had notice, at

the time of submission, that such information would be released

by the President, or such party subsequently consents to the release

of the information. To the extent business confidential information

is provided, a nonconfidential version of the information shall also

be provided, in which the business confidential information is summarized or, if necessary, deleted.
H. R. 2739—23

Subtitle C—Cases Under Title II of the

Trade Act of 1974

SEC. 331. FINDINGS AND ACTION ON GOODS FROM SINGAPORE.

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

chapter 1 of title II of the Trade Act of 1974, the Commission

makes an affirmative determination (or a determination which the

President may treat as an affirmative determination under such

chapter by reason of section 330(d) of the Tariff Act of 1930),

the Commission shall also find (and report to the President at

the time such injury determination is submitted to the President)

whether imports of the article from Singapore are a substantial

cause of serious injury or threat thereof.

(b) PRESIDENTIAL DETERMINATION REGARDING SINGAPOREAN

IMPORTS.—In determining the nature and extent of action to be

taken under chapter 1 of title II of the Trade Act of 1974, the

President shall determine whether imports from Singapore are

a substantial cause of the serious injury or threat thereof found

by the Commission and, if such determination is in the negative,

may exclude from such action imports from Singapore.

TITLE IV—TEMPORARY ENTRY OF

BUSINESS PERSONS

SEC. 401. NONIMMIGRANT TRADERS AND INVESTORS.

Upon a basis of reciprocity secured by the Agreement, an alien

who is a national of Singapore (and any spouse or child (as defined

in section 101(b)(1) of the Immigration and Nationality Act (8

U.S.C. 1101(b)(1))) of such alien, if accompanying or following to

join the alien) may, if otherwise eligible for a visa and if otherwise

admissible into the United States under the Immigration and

Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act

(8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified

in clause (i) or (ii) of such section 101(a)(15)(E). For purposes

of this section, the term ‘‘national’’ has the meaning given such

term in Annex 1A of the Agreement.

SEC. 402. NONIMMIGRANT PROFESSIONALS.

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

U.S.C. 1184(g)(8)) is amended—

(1) by amending subparagraph (A) to read as follows:

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

101(a)(15)(H)(i)(b1) are—

‘‘(i) the United States-Chile Free Trade Agreement; and

‘‘(ii) the United States-Singapore Free Trade Agreement.’’;

and

(2) by amending subparagraph (B)(ii) to read as follows:

‘‘(ii) The annual numerical limitations described in clause (i)

shall not exceed—

‘‘(I) 1,400 for nationals of Chile (as defined in article 14.9

of the United States-Chile Free Trade Agreement) for any fiscal

year; and
H. R. 2739—24

‘‘(II) 5,400 for nationals of Singapore (as defined in Annex

1A of the United States-Singapore Free Trade Agreement) for

any fiscal year.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.