I 

108TH CONGRESS 

1ST SESSION H. R. 2739

To implement the United States-Singapore Free Trade Agreement. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2003

Mr. DELAY (for himself and Mr. RANGEL) (both by request) introduced the 

following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committee on the Judiciary, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘United States-Singapore Free Trade Agreement Imple6 mentation Act’’. 

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

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 
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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. 

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.
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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 

21 Agreement approved by Congress under section 

22 101(a). 

23 (2) HTS.—The term ‘‘HTS’’ means the Har24 monized Tariff Schedule of the United States. 
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1 TITLE I—APPROVAL OF, AND 

2 GENERAL PROVISIONS RE3 LATING TO, THE AGREEMENT 

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

5 AGREEMENT. 

6 (a) APPROVAL OF AGREEMENT AND STATEMENT OF

7 ADMINISTRATIVE ACTION.—Pursuant to section 2105 of 

8 the Bipartisan Trade Promotion Authority Act of 2002 

9 (19 U.S.C. 3805) and section 151 of the Trade Act of 

10 1974 (19 U.S.C. 2191), Congress approves—

11 (1) the United States-Singapore Free Trade 

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

13 Government of Singapore and submitted to Congress 

14 on July 15, 2003; and 

15 (2) the statement of administrative action pro16 posed to implement the Agreement that was sub17 mitted to Congress on July 15, 2003. 

18 (b) CONDITIONS FOR ENTRY INTO FORCE OF THE

19 AGREEMENT.—At such time as the President determines 

20 that Singapore has taken measures necessary to bring it 

21 into compliance with those provisions of the Agreement 

22 that take effect on the date on which the Agreement enters 

23 into force, the President is authorized to exchange notes 

24 with the Government of Singapore providing for the entry
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1 into force, on or after January 1, 2004, of the Agreement 

2 for the United States. 

3 SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED 

4 STATES AND STATE LAW. 

5 (a) RELATIONSHIP OF AGREEMENT TO UNITED

6 STATES LAW.—

7 (1) UNITED STATES LAW TO PREVAIL IN CON8 FLICT.—No provision of the Agreement, nor the ap9 plication of any such provision to any person or cir10 cumstance, which is inconsistent with any law of the 

11 United States shall have effect. 

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

13 be construed—

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

15 United States, or 

16 (B) to limit any authority conferred under 

17 any law of the United States, 

18 unless specifically provided for in this Act. 

19 (b) RELATIONSHIP OF AGREEMENT TO STATE

20 LAW.—

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

22 application thereof, may be declared invalid as to 

23 any person or circumstance on the ground that the 

24 provision or application is inconsistent with the 

25 Agreement, except in an action brought by the 
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1 United States for the purpose of declaring such law 

2 or application invalid. 

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

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

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

6 State; and 

7 (B) any State law regulating or taxing the 

8 business of insurance. 

9 (c) EFFECT OF AGREEMENT WITH RESPECT TO PRI10 VATE REMEDIES.—No person other than the United 

11 States—

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

13 under the Agreement or by virtue of congressional 

14 approval thereof; or 

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

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

17 department, agency, or other instrumentality of the 

18 United States, any State, or any political subdivision 

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

20 is inconsistent with the Agreement. 

21 SEC. 103. CONSULTATION AND LAYOVER PROVISIONS FOR, 

22 AND EFFECTIVE DATE OF, PROCLAIMED AC23 TIONS. 

24 (a) CONSULTATION AND LAYOVER REQUIRE25 MENTS.—If a provision of this Act provides that the imple-
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1 mentation of an action by the President by proclamation 

2 is subject to the consultation and layover requirements of 

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

4 (1) the President has obtained advice regarding 

5 the proposed action from—

6 (A) the appropriate advisory committees 

7 established under section 135 of the Trade Act 

8 of 1974; and 

9 (B) the United States International Trade 

10 Commission; 

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

12 Committee on Finance of the Senate and the Com13 mittee on Ways and Means of the House of Rep14 resentatives that sets forth—

15 (A) the action proposed to be proclaimed 

16 and the reasons therefor; and 

17 (B) the advice obtained under paragraph 

18 (1); 

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

20 the first day on which the requirements of para21 graphs (1) and (2) have been met has expired; and 

22 (4) the President has consulted with such Com23 mittees regarding the proposed action during the pe24 riod referred to in paragraph (3). 
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1 (b) EFFECTIVE DATE OF CERTAIN PROCLAIMED AC2 TIONS.—Any action proclaimed by the President under the 

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

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

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

6 of the proclamation is published in the Federal Register. 

7 SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF 

8 ENTRY INTO FORCE AND INITIAL REGULA9 TIONS. 

10 (a) IMPLEMENTING ACTIONS.—

11 (1) PROCLAMATION AUTHORITY.—After the 

12 date of enactment of this Act—

13 (A) the President may proclaim such ac14 tions, and 

15 (B) other appropriate officers of the 

16 United States Government may issue such reg17 ulations, 

18 as may be necessary to ensure that any provision of 

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

20 effect on the date the Agreement enters into force 

21 is appropriately implemented on such date, but no 

22 such proclamation or regulation may have an effec23 tive date earlier than the date of entry into force. 

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

25 day restriction in section 103(b) on the taking effect 
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1 of proclaimed actions is waived to the extent that 

2 the application of such restriction would prevent the 

3 taking effect on the date the Agreement enters into 

4 force of any action proclaimed under this section. 

5 (b) INITIAL REGULATIONS.—Initial regulations nec6 essary or appropriate to carry out the actions required by 

7 or authorized under this Act or proposed in the statement 

8 of administrative action submitted under section 

9 101(a)(2) to implement the Agreement shall, to the max10 imum extent feasible, be issued within 1 year after the 

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

12 any implementing action that takes effect on a date after 

13 the date of entry into force of the Agreement, initial regu14 lations to carry out that action shall, to the maximum ex15 tent feasible, be issued within 1 year after such effective 

16 date. 

17 SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PRO18 CEEDINGS. 

19 (a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—

20 The President is authorized to establish or designate with21 in the Department of Commerce an office that shall be 

22 responsible for providing administrative assistance to pan23 els established under chapter 20 of the Agreement. Such 

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

25 of section 552 of title 5, United States Code.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for each fiscal year after 

3 fiscal year 2003 to the Department of Commerce such 

4 sums as may be necessary for the establishment and oper5 ations of the office under subsection (a) and for the pay6 ment of the United States share of the expenses of panels 

7 established under chapter 20 of the Agreement. 

8 SEC. 106. ARBITRATION OF CERTAIN CLAIMS. 

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

10 States is authorized to resolve any claim against the 

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

12 15.15.1(b)(i)(C) of the Agreement, pursuant to the Inves13 tor-State Dispute Settlement procedures set forth in sec14 tion C of chapter 15 of the Agreement. 

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

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

17 entry into force of the Agreement shall contain a clause 

18 specifying the law that will apply to resolve any breach 

19 of contract claim.

20 SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION. 

21 (a) EFFECTIVE DATES.—Except as provided in sub22 section (b), the provisions of this Act and the amendments 

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

24 enters into force. 

25 (b) EXCEPTIONS.—
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1 (1) Sections 1 through 3 and this title take ef2 fect on the date of enactment of this Act. 

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

4 which the textile and apparel provisions of the 

5 Agreement take effect pursuant to article 5.10 of 

6 the Agreement. 

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

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

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

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

11 TITLE II—CUSTOMS PROVISIONS 

12 SEC. 201. TARIFF MODIFICATIONS. 

13 (a) TARIFF MODIFICATIONS PROVIDED FOR IN THE

14 AGREEMENT.—The President may proclaim—

15 (1) such modifications or continuation of any 

16 duty, 

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

18 treatment, or 

19 (3) such additional duties, 

20 as the President determines to be necessary or appropriate 

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

22 Annex 2B of the Agreement. 

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

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

25 President may proclaim—
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1 (1) such modifications or continuation of any 

2 duty, 

3 (2) such modifications as the United States 

4 may agree to with Singapore regarding the staging 

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

6 Agreement, 

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

8 treatment, or 

9 (4) such additional duties, 

10 as the President determines to be necessary or appropriate 

11 to maintain the general level of reciprocal and mutually 

12 advantageous concessions with respect to Singapore pro13 vided for by the Agreement. 

14 (c) CONVERSION TO AD VALOREM RATES.—For pur15 poses of subsections (a) and (b), with respect to any good 

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

17 States set forth in Annex 2B of the Agreement is a spe18 cific or compound rate of duty, the President may sub19 stitute for the base rate an ad valorem rate that the Presi20 dent determines to be equivalent to the base rate. 

21 SEC. 202. RULES OF ORIGIN. 

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

23 and for purposes of implementing the tariff treatment pro24 vided for under the Agreement, except as otherwise pro25 vided in this section, a good is an originating good if—
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1 (1) the good is wholly obtained or produced en2 tirely in the territory of Singapore, the United 

3 States, or both; 

4 (2) each nonoriginating material used in the 

5 production of the good—

6 (A) undergoes an applicable change in tar7 iff classification set out in Annex 3A of the 

8 Agreement as a result of production occurring 

9 entirely in the territory of Singapore, the 

10 United States, or both; or 

11 (B) if no change in tariff classification is 

12 required, the good otherwise satisfies the appli13 cable requirements of such Annex; or 

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

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

16 territory of the United States from the territory of 

17 Singapore. 

18 (b) DE MINIMIS AMOUNTS OF NONORIGINATING MA19 TERIALS.—

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

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

22 to be an originating good if—

23 (A) the value of all nonoriginating mate24 rials used in the production of the good that do 

25 not undergo the required change in tariff classi-
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1 fication under Annex 3A of the Agreement does 

2 not exceed 10 percent of the adjusted value of 

3 the good; 

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

5 value-content requirement, the value of such 

6 nonoriginating materials is taken into account 

7 in calculating the regional value-content of the 

8 good; and 

9 (C) the good satisfies all other applicable 

10 requirements of this section. 

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

12 apply to the following: 

13 (A) A nonoriginating material provided for 

14 in chapter 4 of the HTS or in subheading 

15 1901.90 of the HTS that is used in the produc16 tion of a good provided for in chapter 4 of the 

17 HTS. 

18 (B) A nonoriginating material provided for 

19 in chapter 4 of the HTS or in subheading 

20 1901.90 of the HTS that is used in the produc21 tion of a good provided for in heading 2105 or 

22 in any of subheadings 1901.10, 1901.20, 

23 1901.90, 2106.90, 2202.90, and 2309.90 of the 

24 HTS.
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1 (C) A nonoriginating material provided for 

2 in heading 0805, or any of subheadings 

3 2009.11.00 through 2009.39, of the HTS, that 

4 is used in the production of a good provided for 

5 in any of subheadings 2009.11.00 through 

6 2009.39 or in subheading 2106.90 or 2202.90 

7 of the HTS. 

8 (D) A nonoriginating material provided for 

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

10 production of a good provided for in any of 

11 headings 1501.00.00 through 1508, 1512, 

12 1514, and 1515 of the HTS. 

13 (E) A nonoriginating material provided for 

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

15 production of a good provided for in any of 

16 headings 1701 through 1703 of the HTS. 

17 (F) A nonoriginating material provided for 

18 in chapter 17 of the HTS or heading 

19 1805.00.00 of the HTS that is used in the pro20 duction of a good provided for in subheading 

21 1806.10 of the HTS. 

22 (G) A nonoriginating material provided for 

23 in any of headings 2203 through 2208 of the 

24 HTS that is used in the production of a good 
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1 provided for in heading 2207 or 2208 of the 

2 HTS. 

3 (H) A nonoriginating material used in the 

4 production of a good provided for in any of 

5 chapters 1 through 21 of the HTS, unless the 

6 nonoriginating material is provided for in a dif7 ferent subheading than the good for which ori8 gin is being determined under this section. 

9 (3) GOODS PROVIDED FOR IN CHAPTERS 50

10 THROUGH 63 OF THE HTS.—

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

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

13 of chapters 50 through 63 of the HTS that is 

14 not an originating good because certain fibers 

15 or yarns used in the production of the compo16 nent of the good that determines the tariff clas17 sification of the good do not undergo an appli18 cable change in tariff classification set out in 

19 Annex 3A of the Agreement shall be considered 

20 to be an originating good if the total weight of 

21 all such fibers or yarns in that component is 

22 not more than 7 percent of the total weight of 

23 that component. 

24 (B) CERTAIN TEXTILE OR APPAREL

25 GOODS.—
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1 (i) TREATMENT AS ORIGINATING

2 GOOD.—A textile or apparel good con3 taining elastomeric yarns in the component 

4 of the good that determines the tariff clas5 sification of the good shall be considered to 

6 be an originating good only if such yarns 

7 are wholly formed in the territory of Singa8 pore or the United States. 

9 (ii) DEFINITION OF TEXTILE OR AP10 PAREL GOOD.—For purposes of this sub11 paragraph, the term ‘‘textile or apparel 

12 good’’ means a product listed in the Annex 

13 to the Agreement on Textiles and Clothing 

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

15 Uruguay Round Agreements Act (19 

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

17 (c) ACCUMULATION.—

18 (1) ORIGINATING GOODS INCORPORATED IN

19 GOODS OF OTHER COUNTRY.—Originating materials 

20 from the territory of either Singapore or the United 

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

22 the territory of the other country shall be considered 

23 to originate in the territory of the other country. 

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

25 produced in the territory of Singapore, the United 
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1 States, or both, by 1 or more producers is an origi2 nating good if the good satisfies the requirements of 

3 subsection (a) and all other applicable requirements 

4 of this section. 

5 (d) REGIONAL VALUE-CONTENT.—

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

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

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

9 at the choice of the person claiming preferential tar10 iff treatment for the good, on the basis of the build11 down method described in paragraph (2) or the 

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

13 otherwise provided in Annex 3A of the Agreement. 

14 (2) BUILD-DOWN METHOD.—

15 (A) IN GENERAL.—The regional value-con16 tent of a good may be calculated on the basis 

17 of the following build-down method:

AV–VNM

RVC = ———— × 100

AV

18 (B) DEFINITIONS.—For purposes of sub19 paragraph (A): 

20 (i) The term ‘‘RVC’’ means the re21 gional value-content, expressed as a per22 centage. 
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1 (ii) The term ‘‘AV’’ means the ad2 justed value. 

3 (iii) The term ‘‘VNM’’ means the 

4 value of nonoriginating materials that are 

5 acquired and used by the producer in the 

6 production of the good. 

7 (3) BUILD-UP METHOD.—

8 (A) IN GENERAL.—The regional value-con9 tent of a good may be calculated on the basis 

10 of the following build-up method:

VOM

RVC = ———— × 100

AV

11 (B) DEFINITIONS.—For purposes of sub12 paragraph (A): 

13 (i) The term ‘‘RVC’’ means the re14 gional value-content, expressed as a per15 centage. 

16 (ii) The term ‘‘AV’’ means the ad17 justed value. 

18 (iii) The term ‘‘VOM’’ means the 

19 value of originating materials that are ac20 quired or self-produced and are used by 

21 the producer in the production of the good. 

22 (e) VALUE OF MATERIALS.—
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1 (1) IN GENERAL.—For purposes of calculating 

2 the regional value-content of a good under sub3 section (d), and for purposes of applying the de 

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

5 material is—

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

7 the producer of the good, the adjusted value of 

8 the material; 

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

10 the territory in which the good is produced, ex11 cept for a material to which subparagraph (C) 

12 applies, the adjusted value of the material; or 

13 (C) in the case of a material that is self14 produced, or in a case in which the relationship 

15 between the producer of the good and the seller 

16 of the material influenced the price actually 

17 paid or payable for the material, including a 

18 material obtained without charge, the sum of—

19 (i) all expenses incurred in the pro20 duction of the material, including general 

21 expenses; and 

22 (ii) an amount for profit. 

23 (2) FURTHER ADJUSTMENTS TO THE VALUE OF

24 MATERIALS.—
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1 (A) ORIGINATING MATERIALS.—The fol2 lowing expenses, if not included in the value of 

3 an originating material calculated under para4 graph (1), may be added to the value of the 

5 originating material: 

6 (i) The costs of freight, insurance, 

7 packing, and all other costs incurred in 

8 transporting the material to the location of 

9 the producer. 

10 (ii) Duties, taxes, and customs broker11 age fees on the material paid in the terri12 tory of Singapore, the United States, or 

13 both, other than duties and taxes that are 

14 waived, refunded, refundable, or otherwise 

15 recoverable, including credit against duty 

16 or tax paid or payable. 

17 (iii) The cost of waste and spoilage re18 sulting from the use of the material in the 

19 production of the good, less the value of 

20 renewable scrap or by-product. 

21 (B) NONORIGINATING MATERIALS.—The 

22 following expenses, if included in the value of a 

23 nonoriginating material calculated under para24 graph (1), may be deducted from the value of 

25 the nonoriginating material: 
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1 (i) The costs of freight, insurance, 

2 packing, and all other costs incurred in 

3 transporting the material to the location of 

4 the producer. 

5 (ii) Duties, taxes, and customs broker6 age fees on the material paid in the terri7 tory of Singapore, the United States, or 

8 both, other than duties and taxes that are 

9 waived, refunded, refundable, or otherwise 

10 recoverable, including credit against duty 

11 or tax paid or payable. 

12 (iii) The cost of waste and spoilage re13 sulting from the use of the material in the 

14 production of the good, less the value of 

15 renewable scrap or by-product. 

16 (iv) The cost of processing incurred in 

17 the territory of Singapore or the United 

18 States in the production of the nonorigi19 nating material. 

20 (v) The cost of originating materials 

21 used in the production of the nonorigi22 nating material in the territory of Singa23 pore or the United States. 

24 (f) ACCESSORIES, SPARE PARTS, OR TOOLS.—
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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 accessories, spare parts, or tools delivered with the 

3 good that form part of the good’s standard acces4 sories, spare parts, or tools shall—

5 (A) be treated as originating goods if the 

6 good is an originating good; and 

7 (B) be disregarded in determining whether 

8 all the nonoriginating materials used in the pro9 duction of the good undergo an applicable 

10 change in tariff classification set out in Annex 

11 3A of the Agreement. 

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

13 only if—

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

15 are not invoiced separately from the good; 

16 (B) the quantities and value of the acces17 sories, spare parts, or tools are customary for 

18 the good; and 

19 (C) if the good is subject to a regional 

20 value-content requirement, the value of the ac21 cessories, spare parts, or tools is taken into ac22 count as originating or nonoriginating mate23 rials, as the case may be, in calculating the re24 gional value-content of the good. 

25 (g) FUNGIBLE GOODS AND MATERIALS.—
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1 (1) IN GENERAL.—

2 (A) CLAIM FOR PREFERENTIAL TREAT3 MENT.—A person claiming preferential tariff 

4 treatment for a good may claim that a fungible 

5 good or material is originating either based on 

6 the physical segregation of each fungible good 

7 or material or by using an inventory manage8 ment method. 

9 (B) INVENTORY MANAGEMENT METHOD.—

10 In this subsection, the term ‘‘inventory manage11 ment method’’ means—

12 (i) averaging; 

13 (ii) ‘‘last-in, first-out’’; 

14 (iii) ‘‘first-in, first-out’’; or 

15 (iv) any other method—

16 (I) recognized in the generally 

17 accepted accounting principles of the 

18 country in which the production is 

19 performed (whether Singapore or the 

20 United States); or 

21 (II) otherwise accepted by that 

22 country. 

23 (2) ELECTION OF INVENTORY METHOD.—A 

24 person selecting an inventory management method 

25 under paragraph (1) for particular fungible goods or
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1 materials shall continue to use that method for those 

2 fungible goods or materials throughout the fiscal 

3 year of that person. 

4 (h) PACKAGING MATERIALS AND CONTAINERS FOR

5 RETAIL SALE.—Packaging materials and containers in 

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

7 the good, shall be disregarded in determining whether all 

8 the nonoriginating materials used in the production of the 

9 good undergo the applicable change in tariff classification 

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

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

12 value of such packaging materials and containers shall be 

13 taken into account as originating or nonoriginating mate14 rials, as the case may be, in calculating the regional value15 content of the good. 

16 (i) PACKING MATERIALS AND CONTAINERS FOR

17 SHIPMENT.—Packing materials and containers in which 

18 a good is packed for shipment shall be disregarded in de19 termining whether—

20 (1) the nonoriginating materials used in the 

21 production of a good undergo an applicable change 

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

23 Agreement; and 

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

25 requirement. 
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1 (j) INDIRECT MATERIALS.—An indirect material 

2 shall be considered to be an originating material without 

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

4 cost registered in the accounting records of the producer 

5 of the good. 

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

7 be considered to be an originating good by reason of hav8 ing undergone production that satisfies the requirements 

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

10 good undergoes further production or any other operation 

11 outside the territories of Singapore and the United States, 

12 other than unloading, reloading, or any other operation 

13 necessary to preserve it in good condition or to transport 

14 the good to the territory of Singapore or the United 

15 States. 

16 (l) SPECIAL RULE FOR APPAREL GOODS LISTED IN

17 CHAPTER 61 OR 62 OF THE HTS.—

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

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

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

21 shape) and sewn or otherwise assembled in the terri22 tory of Singapore, the United States, or both, from 

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

24 manner described in paragraph (2) as fabric or yarn 
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1 not available in commercial quantities in a timely 

2 manner in the United States. 

3 (2) DESIGNATION OF CERTAIN FABRIC AND

4 YARN.—The designation referred to in paragraph 

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

6 in the Federal Register on or before November 15, 

7 2002, identifying apparel goods made from fabric or 

8 yarn eligible for entry into the United States under 

9 subheading 9819.11.24 or 9820.11.27 of the HTS. 

10 For purposes of this subsection, a reference in the 

11 notice to fabric or yarn formed in the United States 

12 is deemed to include fabric or yarn formed in Singa13 pore. 

14 (m) APPLICATION AND INTERPRETATION.—In this 

15 section: 

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

17 HTS. 

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

19 shall be recorded and maintained in accordance with 

20 the generally accepted accounting principles applica21 ble in the territory of the country in which the good 

22 is produced (whether Singapore or the United 

23 States). 

24 (n) DEFINITIONS.—In this section: 
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•HR 2739 IH 

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

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

3 articles 1 through 8, article 15, and the cor4 responding interpretative notes of the Agreement on 

5 Implementation of Article VII of the General Agree6 ment on Tariffs and Trade 1994 referred to in sec7 tion 101(d)(8) of the Uruguay Round Agreements 

8 Act, except that such value may be adjusted to ex9 clude any costs, charges, or expenses incurred for 

10 transportation, insurance, and related services inci11 dent to the international shipment of the good from 

12 the country of exportation to the place of importa13 tion. 

14 (2) FUNGIBLE GOODS AND FUNGIBLE MATE15 RIALS.—The terms ‘‘fungible goods’’ and ‘‘fungible 

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

17 be, that are interchangeable for commercial purposes 

18 and the properties of which are essentially identical. 

19 (3) GENERALLY ACCEPTED ACCOUNTING PRIN20 CIPLES.—The term ‘‘generally accepted accounting 

21 principles’’ means the recognized consensus or sub22 stantial authoritative support in the territory of 

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

24 with respect to the recording of revenues, expenses, 

25 costs, and assets and liabilities, the disclosure of in-
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•HR 2739 IH 

1 formation, and the preparation of financial state2 ments. The standards may encompass broad guide3 lines of general application as well as detailed stand4 ards, practices, and procedures. 

5 (4) GOODS WHOLLY OBTAINED OR PRODUCED

6 ENTIRELY IN THE TERRITORY OF SINGAPORE, THE

7 UNITED STATES, OR BOTH.—The term ‘‘goods whol8 ly obtained or produced entirely in the territory of 

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

10 (A) mineral goods extracted in the terri11 tory of Singapore, the United States, or both; 

12 (B) vegetable goods, as such goods are de13 fined in the Harmonized System, harvested in 

14 the territory of Singapore, the United States, or 

15 both; 

16 (C) live animals born and raised in the ter17 ritory of Singapore, the United States, or both; 

18 (D) goods obtained from hunting, trap19 ping, fishing, or aquaculture conducted in the 

20 territory of Singapore, the United States, or 

21 both; 

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

23 life) taken from the sea by vessels registered or 

24 recorded with Singapore or the United States 

25 and flying the flag of that country;
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•HR 2739 IH 

1 (F) goods produced exclusively from prod2 ucts referred to in subparagraph (E) on board 

3 factory ships registered or recorded with Singa4 pore or the United States and flying the flag of 

5 that country; 

6 (G) goods taken by Singapore or the 

7 United States, or a person of Singapore or the 

8 United States, from the seabed or beneath the 

9 seabed outside territorial waters, if Singapore 

10 or the United States has rights to exploit such 

11 seabed; 

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

13 goods are obtained by Singapore or the United 

14 States or a person of Singapore or the United 

15 States and not processed in the territory of a 

16 country other than Singapore or the United 

17 States; 

18 (I) waste and scrap derived from—

19 (i) production in the territory of 

20 Singapore, the United States, or both; or 

21 (ii) used goods collected in the terri22 tory of Singapore, the United States, or 

23 both, if such goods are fit only for the re24 covery of raw materials; 
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•HR 2739 IH 

1 (J) recovered goods derived in the territory 

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

3 used goods; or 

4 (K) goods produced in the territory of 

5 Singapore, the United States, or both, exclu6 sively—

7 (i) from goods referred to in any of 

8 subparagraphs (A) through (I); or 

9 (ii) from the derivatives of goods re10 ferred to in clause (i). 

11 (5) HARMONIZED SYSTEM.—The term ‘‘Har12 monized System’’ means the Harmonized Com13 modity Description and Coding System. 

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

15 material’’ means a good used in the production, test16 ing, or inspection of a good but not physically incor17 porated into the good, or a good used in the mainte18 nance of buildings or the operation of equipment as19 sociated with the production of a good, including—

20 (A) fuel and energy; 

21 (B) tools, dies, and molds; 

22 (C) spare parts and materials used in the 

23 maintenance of equipment or buildings; 
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•HR 2739 IH 

1 (D) lubricants, greases, compounding ma2 terials, and other materials used in production 

3 or used to operate equipment or buildings; 

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

5 safety equipment, and supplies; 

6 (F) equipment, devices, and supplies used 

7 for testing or inspecting the good; 

8 (G) catalysts and solvents; and 

9 (H) any other goods that are not incor10 porated into the good but the use of which in 

11 the production of the good can reasonably be 

12 demonstrated to be a part of that production. 

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

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

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

16 term ‘‘material that is self-produced’’ means a mate17 rial, such as a part or ingredient, produced by a pro18 ducer of a good and used by the producer in the pro19 duction of another good. 

20 (9) NONORIGINATING MATERIAL.—The term 

21 ‘‘nonoriginating material’’ means a material that 

22 does not qualify as an originating good under the 

23 rules set out in this section. 

24 (10) PREFERENTIAL TARIFF TREATMENT.—

25 The term ‘‘preferential tariff treatment’’ means the 
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•HR 2739 IH 

1 customs duty rate that is applicable to an origi2 nating good pursuant to chapter 2 of the Agree3 ment. 

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

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

6 traps, hunts, manufactures, processes, assembles, or 

7 disassembles a good. 

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

9 means growing, mining, harvesting, fishing, raising, 

10 trapping, hunting, manufacturing, processing, as11 sembling, or disassembling a good. 

12 (13) RECOVERED GOODS.—

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

14 goods’’ means materials in the form of indi15 vidual parts that are the result of—

16 (i) the complete disassembly of used 

17 goods into individual parts; and

18 (ii) the cleaning, inspecting, testing, 

19 or other processing of those parts as nec20 essary for improvement to sound working 

21 condition by one or more of the processes 

22 described in subparagraph (B), in order 

23 for such parts to be assembled with other 

24 parts, including other parts that have un25 dergone the processes described in this 
34

•HR 2739 IH 

1 paragraph, in the production of a remanu2 factured good described in Annex 3C of 

3 the Agreement. 

4 (B) PROCESSES.—The processes referred 

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

6 spraying, surface machining, knurling, plating, 

7 sleeving, and rewinding. 

8 (14) REMANUFACTURED GOOD.—The term ‘‘re9 manufactured good’’ means an industrial good as10 sembled in the territory of Singapore or the United 

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

12 and—

13 (A) is entirely or partially comprised of re14 covered goods; 

15 (B) has the same life expectancy and 

16 meets the same performance standards as a 

17 new good; and 

18 (C) enjoys the same factory warranty as 

19 such a new good. 

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

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

22 Agreement. 

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

24 consumed in the production of goods. 

25 (o) PRESIDENTIAL PROCLAMATION AUTHORITY.—
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•HR 2739 IH 

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

2 to proclaim, as part of the HTS—

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

4 3B, and 3C of the Agreement; and 

5 (B) any additional subordinate category 

6 necessary to carry out this title consistent with 

7 the Agreement. 

8 (2) MODIFICATIONS.—

9 (A) IN GENERAL.—Subject to the consulta10 tion and layover provisions of section 103(a), 

11 the President may proclaim modifications to the 

12 provisions proclaimed under the authority of 

13 paragraph (1)(A), other than—

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

15 Agreement; and 

16 (ii) provisions of chapters 50 through 

17 63 of the HTS, as included in Annex 3A 

18 of the Agreement. 

19 (B) ADDITIONAL PROCLAMATIONS.—Not20 withstanding subparagraph (A), and subject to 

21 the consultation and layover provisions of sec22 tion 103(a), the President may proclaim—

23 (i) modifications to the provisions pro24 claimed under the authority of paragraph 

25 (1)(A) that are necessary to implement an
36

•HR 2739 IH 

1 agreement with Singapore pursuant to ar2 ticle 3.18.4(c) of the Agreement; and 

3 (ii) before the 1st anniversary of the 

4 date of enactment of this Act, modifica5 tions to correct any typographical, clerical, 

6 or other nonsubstantive technical error re7 garding the provisions of chapters 50 

8 through 63 of the HTS, as included in 

9 Annex 3A of the Agreement. 

10 SEC. 203. CUSTOMS USER FEES. 

11 Section 13031(b) of the Consolidated Omnibus Budg12 et Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is 

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

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

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

16 originating goods under section 202 of the United 

17 States-Singapore Free Trade Agreement Implemen18 tation Act. Any service for which an exemption from 

19 such fee is provided by reason of this paragraph may 

20 not be funded with money contained in the Customs 

21 User Fee Account.’’. 

22 SEC. 204. DISCLOSURE OF INCORRECT INFORMATION. 

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

24 1592(c)) is amended—
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•HR 2739 IH 

1 (1) by redesignating paragraph (7) as para2 graph (8); and 

3 (2) by inserting after paragraph (6) the fol4 lowing new paragraph: 

5 ‘‘(7) PRIOR DISCLOSURE REGARDING CLAIMS

6 UNDER THE UNITED STATES-SINGAPORE FREE

7 TRADE AGREEMENT.—

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

9 penalties under subsection (a) for making an 

10 incorrect claim that a good qualifies as an origi11 nating good under section 202 of the United 

12 States-Singapore Free Trade Agreement Imple13 mentation Act if the importer, in accordance 

14 with regulations issued by the Secretary of the 

15 Treasury, voluntarily and promptly makes a 

16 corrected declaration and pays any duties 

17 owing. 

18 ‘‘(B) In the regulations referred to in sub19 paragraph (A), the Secretary of the Treasury is 

20 authorized to prescribe time periods for making 

21 a corrected declaration and paying duties owing 

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

23 shorter than 1 year following the date on which 

24 the importer makes the incorrect claim that a 

25 good qualifies as an originating good.’’. 
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•HR 2739 IH 

1 SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE 

2 AND APPAREL GOODS. 

3 (a) DENIAL OF PERMISSION TO CONDUCT SITE VIS4 ITS.—

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

6 the Secretary of the Treasury proposes to conduct a 

7 site visit at an enterprise registered under article 5.3 

8 of the Agreement, and responsible officials of the en9 terprise do not consent to the proposed visit, the 

10 President may exclude from the customs territory of 

11 the United States textile and apparel goods pro12 duced or exported by that enterprise. 

13 (2) TERMINATION OF EXCLUSION.—An exclu14 sion of textile and apparel goods produced or ex15 ported by an enterprise under paragraph (1) shall 

16 terminate when the President determines that the 

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

18 the goods are consistent with statements by the en19 terprise that textile or apparel goods the enterprise 

20 produces or has produced are originating goods or 

21 products of Singapore, as the case may be. 

22 (b) KNOWING OR WILLFUL CIRCUMVENTION.—

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

24 an enterprise of Singapore has knowingly or willfully 

25 engaged in circumvention, the President may exclude 

26 from the customs territory of the United States tex-
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•HR 2739 IH 

1 tile and apparel goods produced or exported by the 

2 enterprise. An exclusion under this paragraph may 

3 be imposed on the date beginning on the date a find4 ing of knowing or willful circumvention is made and 

5 shall be in effect for a period not longer than the ap6 plicable period described in paragraph (2). 

7 (2) TIME PERIODS.—

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

9 first finding under paragraph (1), the applica10 ble period is 6 months. 

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

12 second finding under paragraph (1), the appli13 cable period is 2 years. 

14 (C) THIRD AND SUBSEQUENT FINDING.—

15 With respect to a third or subsequent finding 

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

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

18 finding, an exclusion is in effect as a result of 

19 a previous finding, the 2-year period applicable 

20 to the third or subsequent finding shall begin 

21 on the day after the day on which the previous 

22 exclusion terminates. 

23 (c) CERTAIN OTHER INSTANCES OF CIRCUMVEN24 TION.—If the President consults with Singapore pursuant 

25 to article 5.8 of the Agreement, the consultations fail to 
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•HR 2739 IH 

1 result in a mutually satisfactory solution to the matters 

2 at issue, and the President presents to Singapore clear 

3 evidence of circumvention under the Agreement, the Presi4 dent may—

5 (1) deny preferential tariff treatment to the 

6 goods involved in the circumvention; and 

7 (2) deny preferential tariff treatment, for a pe8 riod not to exceed 4 years from the date on which 

9 consultations pursuant to article 5.8 of the Agree10 ment conclude, to—

11 (A) textile and apparel goods produced by 

12 the enterprise found to have engaged in the cir13 cumvention, including any successor of such en14 terprise; and 

15 (B) textile and apparel goods produced by 

16 any other entity owned or operated by a prin17 cipal of the enterprise, if the principal also is a 

18 principal of the other entity. 

19 (d) DEFINITIONS.—In this section: 

20 (1) GENERAL DEFINITIONS.—The terms ‘‘cir21 cumvention’’, ‘‘preferential tariff treatment’’, ‘‘prin22 cipal’’, and ‘‘textile and apparel goods’’ have the 

23 meanings given such terms in chapter 5 of the 

24 Agreement.
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•HR 2739 IH 

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

2 the meaning given that term in article 1.2.3 of the 

3 Agreement. 

4 SEC. 206. REGULATIONS. 

5 The Secretary of the Treasury shall prescribe such 

6 regulations as may be necessary to carry out—

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

8 and section 203; 

9 (2) amendments made by the sections referred 

10 to in paragraph (1); and 

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

12 TITLE III—RELIEF FROM 

13 IMPORTS 

14 SEC. 301. DEFINITIONS. 

15 In this title: 

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

17 means the United States International Trade Com18 mission. 

19 (2) SINGAPOREAN ARTICLE.—The term ‘‘Singa20 porean article’’ means an article that qualifies as an 

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

22 (3) SINGAPOREAN TEXTILE OR APPAREL ARTI23 CLE.—The term ‘‘Singaporean textile or apparel ar24 ticle’’ means an article—
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•HR 2739 IH 

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

2 Agreement on Textiles and Clothing referred to 

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

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

5 (B) that is a Singaporean article. 

6 Subtitle A—Relief From Imports 

7 Benefiting From the Agreement 

8 SEC. 311. COMMENCING OF ACTION FOR RELIEF. 

9 (a) FILING OF PETITION.—

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

11 under this subtitle for the purpose of adjusting to 

12 the obligations of the United States under the 

13 Agreement may be filed with the Commission by an 

14 entity, including a trade association, firm, certified 

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

16 representative of an industry. The Commission shall 

17 transmit a copy of any petition filed under this sub18 section to the United States Trade Representative. 

19 (2) PROVISIONAL RELIEF.—An entity filing a 

20 petition under this subsection may request that pro21 visional relief be provided as if the petition had been 

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

23 (19 U.S.C. 2252(a)). 
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•HR 2739 IH 

1 (3) CRITICAL CIRCUMSTANCES.—Any allegation 

2 that critical circumstances exist shall be included in 

3 the petition. 

4 (b) INVESTIGATION AND DETERMINATION.—Upon 

5 the filing of a petition under subsection (a), the Commis6 sion, unless subsection (d) applies, shall promptly initiate 

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

8 reduction or elimination of a duty provided for under the 

9 Agreement, a Singaporean article is being imported into 

10 the United States in such increased quantities, in absolute 

11 terms or relative to domestic production, and under such 

12 conditions that imports of the Singaporean article con13 stitute a substantial cause of serious injury or threat 

14 thereof to the domestic industry producing an article that 

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

16 (c) APPLICABLE PROVISIONS.—The following provi17 sions of section 202 of the Trade Act of 1974 (19 U.S.C. 

18 2252) apply with respect to any investigation initiated 

19 under subsection (b): 

20 (1) Paragraphs (1)(B) and (3) of subsection 

21 (b). 

22 (2) Subsection (c). 

23 (3) Subsection (d). 

24 (4) Subsection (i). 
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•HR 2739 IH 

1 (d) ARTICLES EXEMPT FROM INVESTIGATION.—No 

2 investigation may be initiated under this section with re3 spect to any Singaporean article if, after the date that the 

4 Agreement enters into force, import relief has been pro5 vided with respect to that Singaporean article under—

6 (1) this subtitle; 

7 (2) subtitle B; 

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

9 1974; 

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

11 Clothing referred to in section 101(d)(4) of the Uru12 guay Round Agreements Act (19 U.S.C. 

13 3511(d)(4)); or 

14 (5) article 5 of the Agreement on Agriculture 

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

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

17 SEC. 312. COMMISSION ACTION ON PETITION. 

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

19 days if critical circumstances have been alleged) after the 

20 date on which an investigation is initiated under section 

21 311(b) with respect to a petition, the Commission shall 

22 make the determination required under that section. 

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

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

25 section 330(d) of the Tariff Act of 1930 (19 U.S.C.
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•HR 2739 IH 

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

2 to determinations and findings made under this section 

3 as if such determinations and findings were made under 

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

5 (c) ADDITIONAL FINDING AND RECOMMENDATION IF

6 DETERMINATION AFFIRMATIVE.—If the determination 

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

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

9 may consider a determination of the Commission to be an 

10 affirmative determination as provided for under paragraph 

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

12 1330(d)), the Commission shall find, and recommend to 

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

14 the amount of import relief that is necessary to remedy 

15 or prevent the injury found by the Commission in the de16 termination and to facilitate the efforts of the domestic 

17 industry to make a positive adjustment to import competi18 tion. The import relief recommended by the Commission 

19 under this subsection shall be limited to the relief de20 scribed in section 313(c). Only those members of the Com21 mission who voted in the affirmative under subsection (a) 

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

23 prevent the injury found by the Commission. Members of 

24 the Commission who did not vote in the affirmative may 

25 submit, in the report required under subsection (d), sepa-
46

•HR 2739 IH 

1 rate views regarding what action, if any, should be taken 

2 to remedy or prevent the injury. 

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

4 date that is 30 days after the date on which a determina5 tion is made under subsection (a) with respect to an inves6 tigation, the Commission shall submit to the President a 

7 report that includes—

8 (1) the determination made under subsection 

9 (a) and an explanation of the basis for the deter10 mination; 

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

12 affirmative, any findings and recommendations for 

13 import relief made under subsection (c) and an ex14 planation of the basis for each recommendation; and 

15 (3) any dissenting or separate views by mem16 bers of the Commission regarding the determination 

17 and recommendation referred to in paragraphs (1) 

18 and (2). 

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

20 the President under subsection (d), the Commission shall 

21 promptly make public such report (with the exception of 

22 information which the Commission determines to be con23 fidential) and shall cause a summary thereof to be pub24 lished in the Federal Register. 
47

•HR 2739 IH 

1 SEC. 313. PROVISION OF RELIEF. 

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

3 30 days after the date on which the President receives the 

4 report of the Commission in which the Commission’s de5 termination under section 312(a) is affirmative, or which 

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

7 President considers to be affirmative under paragraph (1) 

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

9 1330(d)(1)), the President, subject to subsection (b), shall 

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

11 of such determination to the extent that the President de12 termines necessary to remedy or prevent the injury found 

13 by the Commission and to facilitate the efforts of the do14 mestic industry to make a positive adjustment to import 

15 competition. 

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

17 provide import relief under this section if the President 

18 determines that the provision of the import relief will not 

19 provide greater economic and social benefits than costs. 

20 (c) NATURE OF RELIEF.—

21 (1) IN GENERAL.—The import relief (including 

22 provisional relief) that the President is authorized to 

23 provide under this section with respect to imports of 

24 an article is as follows: 
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•HR 2739 IH 

1 (A) The suspension of any further reduc2 tion provided for under Annex 2B of the Agree3 ment in the duty imposed on such article. 

4 (B) An increase in the rate of duty im5 posed on such article to a level that does not 

6 exceed the lesser of—

7 (i) the column 1 general rate of duty 

8 imposed under the HTS on like articles at 

9 the time the import relief is provided; or 

10 (ii) the column 1 general rate of duty 

11 imposed under the HTS on like articles on 

12 the day before the date on which the 

13 Agreement enters into force. 

14 (C) In the case of a duty applied on a sea15 sonal basis to such article, an increase in the 

16 rate of duty imposed on the article to a level 

17 that does not exceed the lesser of—

18 (i) the column 1 general rate of duty 

19 imposed under the HTS on like articles for 

20 the immediately preceding corresponding 

21 season; or 

22 (ii) the column 1 general rate of duty 

23 imposed under the HTS on like articles on 

24 the day before the date on which the 

25 Agreement enters into force. 
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•HR 2739 IH 

1 (2) PROGRESSIVE LIBERALIZATION.—If the pe2 riod for which import relief is provided under this 

3 section is greater than 1 year, the President shall 

4 provide for the progressive liberalization (described 

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

6 regular intervals during the period of its application. 

7 (d) PERIOD OF RELIEF.—

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

9 the import relief that the President is authorized to 

10 provide under this section may not exceed 2 years. 

11 (2) EXTENSION.—

12 (A) IN GENERAL.—Subject to subpara13 graph (C), the President, after receiving an af14 firmative determination from the Commission 

15 under subparagraph (B), may extend the effec16 tive period of any import relief provided under 

17 this section if the President determines that—

18 (i) the import relief continues to be 

19 necessary to prevent or remedy serious in20 jury and to facilitate adjustment; and 

21 (ii) there is evidence that the industry 

22 is making a positive adjustment to import 

23 competition. 

24 (B) ACTION BY COMMISSION.—
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•HR 2739 IH 

1 (i) Upon a petition on behalf of the 

2 industry concerned, filed with the Commis3 sion not earlier than the date which is 9 

4 months, and not later than the date which 

5 is 6 months, before the date on which any 

6 action taken under subsection (a) is to ter7 minate, the Commission shall conduct an 

8 investigation to determine whether action 

9 under this section continues to be nec10 essary to remedy or prevent serious injury 

11 and whether there is evidence that the in12 dustry is making a positive adjustment to 

13 import competition. 

14 (ii) The Commission shall publish no15 tice of the commencement of any pro16 ceeding under this subparagraph in the 

17 Federal Register and shall, within a rea18 sonable time thereafter, hold a public hear19 ing at which the Commission shall afford 

20 interested parties and consumers an oppor21 tunity to be present, to present evidence, 

22 and to respond to the presentations of 

23 other parties and consumers, and other24 wise to be heard. 
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•HR 2739 IH 

1 (iii) The Commission shall transmit to 

2 the President a report on its investigation 

3 and determination under this subpara4 graph not later than 60 days before the ac5 tion under subsection (a) is to terminate, 

6 unless the President specifies a different 

7 date. 

8 (C) PERIOD OF IMPORT RELIEF.—The ef9 fective period of any import relief imposed 

10 under this section, including any extensions 

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

12 years. 

13 (e) RATE AFTER TERMINATION OF IMPORT RE14 LIEF.—When import relief under this section is termi15 nated with respect to an article, the rate of duty on that 

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

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

18 terminates. 

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

20 relief may be provided under this section on any article 

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

22 force of the Agreement, under—

23 (1) this subtitle; 

24 (2) subtitle B; 
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•HR 2739 IH 

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

2 1974; 

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

4 Clothing referred to in section 101(d)(4) of the Uru5 guay Round Agreements Act (19 U.S.C. 

6 3511(d)(4)); or 

7 (5) article 5 of the Agreement on Agriculture 

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

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

10 SEC. 314. TERMINATION OF RELIEF AUTHORITY. 

11 (a) GENERAL RULE.—No import relief may be pro12 vided under this subtitle after the date that is 10 years 

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

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

15 under this subtitle in the case of a Singaporean article 

16 after the date on which such relief would, but for this sub17 section, terminate under subsection (a), if the President 

18 determines that Singapore has consented to such relief. 

19 SEC. 315. COMPENSATION AUTHORITY. 

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

21 (19 U.S.C. 2133), any import relief provided by the Presi22 dent under section 313 shall be treated as action taken 

23 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.’’.

Æ