I

106TH CONGRESS

2D SESSION H. R. 5416

To promote economic development and stability in Southeast Europe by

providing countries in that region with additional trade benefits.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 6, 2000

Mr. HOUGHTON introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To promote economic development and stability in Southeast

Europe by providing countries in that region with additional trade benefits.

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.

4 This Act may be cited as the ‘‘Southeast Europe

5 Trade Preference Act’’.

6 SEC. 2. FINDINGS AND POLICY.

7 (a) FINDINGS.—Congress finds that—

8 (1) the economic development and stability of

9 certain countries in Southeast Europe will be en-
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1 hanced by providing them with additional trade ben2 efits;

3 (2) offering additional trade benefits to South4 east Europe is a key component of the Stability

5 Pact, a greater initiative designed to bring stability

6 and economic development to Southeast Europe

7 through regional revitalization, development, democ8 ratization, stabilization, and integration, to which

9 the United States and over 40 European and North

10 American countries and institutions committed in

11 Sarajevo in July 1999;

12 (3) providing additional trade benefits to coun13 tries of Southeast Europe will improve their access

14 to the United States market, promote the develop15 ment of investment in the region, help further these

16 countries’ economic development, and promote polit17 ical stability in the region; and

18 (4) the promotion of economic and political se19 curity in Southeast Europe will enhance the eco20 nomic and national security interests of the United

21 States.

22 (b) POLICY.—It is therefore the policy of the United

23 States to offer those Southeast European beneficiary

24 countries additional trade benefits as they attempt to revi25 talize and reintegrate their economies following dev-
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1 astating conflict in the region with the goal of promoting

2 political and economic security.

3 SEC. 3. AUTHORITY TO GRANT DUTY-FREE TREATMENT.

4 The President may proclaim duty-free treatment for

5 all eligible articles from any beneficiary country in accord6 ance with the provisions of this Act.

7 SEC. 4. DEFINITIONS.

8 As used in this Act:

9 (1) BENEFICIARY COUNTRY.—The term ‘‘bene10 ficiary country’’ means any country or territory list11 ed in section 5(a)(1) with respect to which there is

12 in effect a proclamation by the President designating

13 such country or territory as a beneficiary country for

14 purposes of this Act.

15 (2) COUNTRY.—The term ‘‘country’’ means a

16 foreign country or territory.

17 (3) ENTERED.—The term ‘‘entered’’ means en18 tered, or withdrawn from warehouse for consump19 tion, in the customs territory of the United States.

20 (4) HTS.—The term ‘‘HTS’’ means Har21 monized Tariff Schedule of the United States.

22 (5) ARTICLE.—The term ‘‘article’’ means the

23 goods provided for in any individual 8-digit HTS

24 tariff rate line.
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1 SEC. 5. BENEFICIARY COUNTRIES.

2 (a) COUNTRIES ELIGIBLE FOR DESIGNATION; CON3 GRESSIONAL NOTIFICATION.—(1) In designating coun4 tries as beneficiary countries under this Act, the President

5 shall consider only the following countries and territories:

6 (A) Albania.

7 (B) Bosnia and Herzegovina.

8 (C) Bulgaria.

9 (D) Croatia.

10 (E) Former Yugoslav Republic of Macedonia.

11 (F) Romania.

12 (G) Slovenia.

13 (H) Kosovo.

14 (I) Montenegro.

15 (2) Before the President designates any country a

16 beneficiary country for purposes of this Act, the President

17 shall notify the House of Representatives and the Senate

18 of the President’s intention to make such designation, to19 gether with the considerations entering into such decision.

20 (b) LIMITATIONS ON DESIGNATION.—The President

21 shall not designate any country a beneficiary country

22 under this Act—

23 (1) if such country—

24 (A) has nationalized, expropriated, or oth25 erwise seized ownership or control of property

26 owned by a United States citizen or by a cor-
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1 poration, partnership, or association which is

2 50 percent or more beneficially owned by

3 United States citizens,

4 (B) has taken steps to repudiate or

5 nullify—

6 (i) any existing contract or agreement

7 with, or

8 (ii) any patent, trademark, or other

9 intellectual property of,

10 a United States citizen or a corporation, part11 nership, or association, which is 50 percent or

12 more beneficially owned by United States citi13 zens, the effect of which is to nationalize, expro14 priate, or otherwise seize ownership or control

15 of property so owned, or

16 (C) has imposed or enforced taxes or other

17 exactions, restrictive maintenance, or oper18 ational conditions, or other measures with re19 spect to property so owned, the effect of which

20 is to nationalize, expropriate, or otherwise seize

21 ownership or control of such property, unless

22 the President determines that—

23 (i) prompt, adequate, and effective com24 pensation has been or is being made to such

25 citizen, corporation, partnership, or association,
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1 (ii) good-faith negotiations to provide

2 prompt, adequate, and effective compensation

3 under the applicable provisions of international

4 law are in progress, or such country is other5 wise taking steps to discharge its obligations

6 under international law with respect to such cit7 izen, corporation, partnership, or association, or

8 (iii) a dispute involving such citizen, cor9 poration, partnership, or association over com10 pensation for such a seizure has been submitted

11 to arbitration under the provisions of the Con12 vention for the Settlement of Investment Dis13 putes, or in another mutually agreed upon

14 forum,

15 and promptly furnishes a copy of such determination

16 to the Senate and the House of Representatives;

17 (2) if such country fails to act in good faith in

18 recognizing as binding or in enforcing arbitral

19 awards in favor of United States citizens or a cor20 poration, partnership, or association which is 50 per21 cent or more beneficially owned by United States

22 citizens, which have been made by arbitrators ap23 pointed for each case or by permanent arbitral bod24 ies to which the parties involved have submitted

25 their dispute;
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1 (3) if such country affords preferential treat2 ment to the products of a developed country, other

3 than the United States, and if such preferential

4 treatment has, or is likely to have, a significant ad5 verse effect on United States, commerce;

6 (4) if a government-owned entity in such coun7 try engages in the broadcast of copyrighted material,

8 including films or television material, belonging to

9 United States copyright owners without their ex10 press consent or such country fails to work toward

11 the provision of adequate and effective protection of

12 intellectual property rights;

13 (5) unless a treaty, convention, protocol, or

14 other agreement regarding the extradition of United

15 States citizens is applicable to such country;

16 (6) if such country has not taken or is not tak17 ing steps to afford to workers in that country (in18 cluding any designated zone in that country) inter19 nationally recognized worker rights, including the

20 right of association, the right to organize and bar21 gain collectively, a prohibition on the use of any

22 form of coerced or compulsory labor (including traf23 ficking in persons), a minimum age for the employ24 ment of children, and acceptable conditions of work
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1 with respect to minimum wages, hours of work, and

2 occupational safety and health; or

3 (7) if such country is a member of the Euro4 pean Union.

5 Paragraphs (1) through (6) shall not prevent the designa6 tion of any country as a beneficiary country under this

7 Act if the President determines that such designation will

8 be in the national economic or security interest of the

9 United States and reports such determination to Congress

10 with the reasons therefor.

11 (c) FACTORS AFFECTING DESIGNATION.—In deter12 mining whether to designate any country a beneficiary

13 country under this Act, the President shall take into

14 account—

15 (1) an expression by such country of its desire

16 to be so designated;

17 (2) the economic conditions in such country, the

18 living standards of its inhabitants, and any other

19 factors which the President deems appropriate;

20 (3) the extent to which such country has as21 sured the United States it will provide equitable and

22 reasonable access to such country’s—

23 (A) basic commodity resources; and

24 (B) markets with respect to the products

25 for which benefits are provided under this Act,
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1 and in other relevant product sectors as deter2 mined by the President;

3 (4) the degree to which such country follows the

4 accepted rules of international trade provided for

5 under the WTO Agreement and the multilateral

6 trade agreements (as such terms are defined in

7 paragraphs (9) and (4), respectively, of section 2 of

8 the Uruguay Round Agreements Act);

9 (5) the degree to which such country uses ex10 port subsidies or imposes export performance re11 quirements or local content requirements which dis12 tort international trade;

13 (6) the degree to which the trade policies of

14 such country as they relate to other beneficiary

15 countries are contributing to the revitalization of the

16 region;

17 (7) the degree to which such country is under18 taking self-help measures to promote its own eco19 nomic development;

20 (8) the extent to which such country affords to

21 workers in that country (including any designated

22 zone in that country) internationally recognized

23 worker rights, including the right of association, the

24 right to organize and bargain collectively, a prohibi25 tion on the use of any form of coerced or compulsory
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1 labor (including trafficking in persons), a minimum

2 age for the employment of children, and acceptable

3 conditions of work with respect to minimum wages,

4 hours of work, and occupational safety and health;

5 (9) the extent to which the country adopts,

6 maintains, and effectively enforces laws providing for

7 high levels of environmental protection;

8 (10) the extent to which such country provides

9 under its law adequate and effective means for for10 eign nationals to secure, exercise, and enforce exclu11 sive rights in intellectual property, including patent,

12 trademark, and copyright rights;

13 (11) the degree to which such country prohibits

14 its nationals from engaging in the broadcast of copy15 righted material, including films or television mate16 rial, belonging to United States copyright owners

17 without their express consent;

18 (12) the degree to which the country is taking

19 effective measures to prevent production of, or traf20 ficking in, illicit drugs;

21 (13) the degree to which the country provides

22 for effective prohibitions on bribery and other cor23 rupt practices affecting international trade;

24 (14) the degree to which the country applies

25 transparent procedures in government procurement
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1 and contributes to efforts in international fora to de2 velop and implement international rules on trans3 parency in government procurement; and

4 (15) the extent to which such country is pre5 pared to cooperate with the United States in the ad6 ministration of the provisions of this Act.

7 The President may consider that a country is not pro8 viding adequate and effective protection of intellectual

9 property rights under paragraph (10), even if the country

10 is in compliance with the country’s obligations under the

11 Agreement on Trade-Related Aspects of Intellectual Prop12 erty Rights described in section 101(d)(15) of the Uru13 guay Round Agreements Act (19 U.S.C. 3511(d)(15)).

14 (d) WITHDRAWAL OR SUSPENSION OF DESIGNA15 TION.—(1) The President may—

16 (A) withdraw or suspend the designation of any

17 country as a beneficiary country, or

18 (B) withdraw, suspend, modify, or limit the ap19 plication of preferential treatment under this Act to

20 any article of any country,

21 if, after such designation, the President determines that

22 such action is appropriate based on the limitations in sub23 section (b) or on the factors in subsection (c).

24 (2)(A) The United States Trade Representative shall

25 publish in the Federal Register notice of the action the
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1 President proposes to take under paragraph (1) at least

2 30 days before taking such action.

3 (B) The United States Trade Representative shall,

4 within the 30-day period beginning on the date on which

5 the United States Trade Representative publishes under

6 subparagraph (A) notice of proposed action—

7 (i) accept written comments from the public re8 garding such proposed action;

9 (ii) hold a public hearing on such proposed ac10 tion; and

11 (iii) publish in the Federal Register—

12 (I) notice of the time and place of such

13 hearing prior to the hearing; and

14 (II) the time and place at which such writ15 ten comments will be accepted.

16 (3) In the event the President withdraws, suspends,

17 modifies, or limits the application of duty-free treatment

18 accorded to a country under the Generalized System of

19 Preferences based on one or more of the eligibility criteria

20 in section 501 of the Trade Act of 1974 (19 U.S.C. 2462)

21 that are the same or similar to one or more of the eligi22 bility criteria set forth in this section, the President shall

23 likewise withdraw, suspend, modify, or limit the applica24 tion of preferential treatment accorded to that country

25 under this Act.
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1 (e) REPORT.—Not later than February 1, 2003, the

2 President shall submit to Congress a complete report re3 garding the operation of this Act, including the results of

4 a general review of beneficiary countries based on the con5 siderations described in subsections (b) and (c).

6 (f) KOSOVO AND MONTENEGRO.—Kosovo and Monte7 negro may be designated as beneficiary countries notwith8 standing the provisions of Public Law 102–420 (19 U.S.C.

9 2432 note), concerning the withdrawal of nondiscrim10 inatory treatment of goods that are the product of Serbia

11 or Montenegro, or any other law.

12 (g) FEDERAL REPUBLIC OF YUGOSLAVIA.—Notwith13 standing the limitation in subsection (a)(1), the Federal

14 Republic of Yugoslavia may be considered eligible for des15 ignation as a beneficiary country under this Act if the

16 President determines that relevant authorities in the Gov17 ernment of the Federal Republic of Yugoslavia and the

18 Government of the Republic of Serbia have made signifi19 cant progress in meeting the following objectives:

20 (1) Participation in a political process designed

21 to determine Kosovo’s future status, taking into ac22 count the Rambouillet accords.

23 (2) Compliance with the General Framework

24 Agreement for Peace in Bosnia and Herzegovina.
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1 (3) Implementation of internal democratic re2 form.

3 (4) Cooperation on all succession issues with

4 the other republics that emerged from the dissolu5 tion of the Socialist Federal Republic of Yugoslavia.

6 (5) Cooperation with the International Criminal

7 Tribunal for the Former Yugoslavia, including

8 transfer of all indicted war criminals in the Federal

9 Republic of Yugoslavia to The Hague.

10 (6) Peaceful and democratic resolution of dif11 ferences between its constituent republics, Serbia

12 and Montenegro, over the structure of shared gov13 ernmental institutions.

14 SEC. 6. ELIGIBLE ARTICLES.

15 (a) IN GENERAL.—(1) Unless otherwise excluded

16 from eligibility by this Act, the duty-free treatment pro17 vided under this Act shall apply to any article which is

18 the growth, product, or manufacture of a beneficiary coun19 try if—

20 (A) that article is imported directly from a ben21 eficiary country into the customs territory of the

22 United States; and

23 (B) the sum of—
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1 (i) the cost or value of the materials pro2 duced in a beneficiary country or 2 or more

3 beneficiary countries under this Act, plus

4 (ii) the direct costs of processing oper5 ations performed in a beneficiary country or

6 countries,

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

8 such article at the time it is entered.

9 If the cost or value of materials produced in the customs

10 territory of the United States is included with respect to

11 an article to which this paragraph applies, an amount not

12 to exceed 15 percent of the appraised value of the article

13 at the time it is entered that is attributed to such United

14 States cost or value may be applied toward determining

15 the percentage referred to in subparagraph (B).

16 (2) The Secretary of the Treasury shall prescribe

17 such regulations as may be necessary to carry out sub18 section (a), including, but not limited to, regulations pro19 viding that, in order to be eligible for duty-free treatment

20 under this Act, an article must be wholly the growth, prod21 uct, or manufacture of a beneficiary country, or must be

22 a new or different article of commerce which has been

23 grown, produced, or manufactured in the beneficiary coun24 try; but no article or material of a beneficiary country
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1 shall be eligible for such treatment by virtue of having

2 merely undergone—

3 (A) simple combining or packaging operations,

4 or

5 (B) mere dilution with water or mere dilution

6 with another substance that does not materially alter

7 the characteristics of the article.

8 (3)(A) As used in this subsection, the term ‘‘direct

9 costs of processing operations’’ includes, but is not limited

10 to—

11 (i) all actual labor costs involved in the growth,

12 production, manufacture, or assembly of the specific

13 merchandise, including fringe benefits, on-the-job

14 training, and the cost of engineering, supervisory,

15 quality control, and similar personnel; and

16 (ii) dies, molds, tooling, and depreciation on

17 machinery and equipment which are allocable to the

18 specific merchandise.

19 (B) The term ‘‘direct costs of processing operations’’

20 does not include costs which are not directly attributable

21 to the merchandise concerned or are not costs of manufac22 turing the product, such as—

23 (i) profit; and

24 (ii) general expenses of doing business which

25 are either not allocable to the specific merchandise
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1 or are not related to the growth, production, manu2 facture, or assembly of the merchandise, such as ad3 ministrative salaries, casualty and liability insurance,

4 advertising, interest, and salesperson’s salaries, com5 missions, or expenses.

6 (b) EXCEPTION TO DUTY-FREE TREATMENT.—The

7 duty-free treatment provided under this Act shall not

8 apply to textile and apparel articles which are not eligible

9 for duty-free treatment under section 503(b)(1)(A) of the

10 Trade Act of 1974 (19 U.S.C. 2463(b)(1)(A)).

11 (c) SUSPENSION OF DUTY-FREE TREATMENT.—(1)

12 The President may by proclamation suspend the duty-free

13 treatment provided by this Act with respect to any eligible

14 article and may proclaim a duty rate for such article if

15 such action is proclaimed under chapter 1 of title II of

16 the Trade Act of 1974 or section 232 of the Trade Expan17 sion Act of 1962.

18 (2) In any report by the United States International

19 Trade Commission to the President under section 202(f)

20 of the Trade Act of 1974 regarding any article for which

21 duty-free treatment has been proclaimed by the President

22 pursuant to this Act, the Commission shall state whether

23 and to what extent its findings and recommendations

24 apply to such article when imported from beneficiary coun25 tries.
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1 (3) For purposes of section 203 of the Trade Act of

2 1974, the suspension of duty-free treatment provided by

3 this Act shall be treated as an increase in duty.

4 (4) No proclamation providing solely for a suspension

5 referred to in paragraph (3) of this subsection with respect

6 to any articles shall be taken under section 203 of the

7 Trade Act of 1974 unless the United States International

8 Trade Commission, in addition to making an affirmative

9 determination with respect to such article under section

10 202(b) of the Trade Act of 1974, determines in the course

11 of its investigation under such section that the serious in12 jury (or threat thereof) substantially caused by imports

13 to the domestic industry producing a like or directly com14 petitive article results from the duty-free treatment pro15 vided by this Act.

16 (5)(A) Any action taken under section 203 of the

17 Trade Act of 1974 that is in effect when duty-free treat18 ment is proclaimed under section 3 of this Act shall re19 main in effect until modified or terminated.

20 (B) If any article is subject to any such action at

21 the time duty-free treatment is proclaimed under section

22 3 of this Act, the President may reduce or terminate the

23 application of such action to the importation of such arti24 cle from beneficiary countries prior to the otherwise sched25 uled date on which such reduction or termination would
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1 occur pursuant to the criteria and procedures of section

2 204 of the Trade Act of 1974.

3 (d) EMERGENCY RELIEF WITH RESPECT TO PER4 ISHABLE PRODUCTS.—(1) If a petition is filed with the

5 United States International Trade Commission pursuant

6 to the provisions of section 201 of the Trade Act of 1974

7 regarding a perishable product and alleging injury from

8 imports from beneficiary countries, then the petition may

9 also be filed with the Secretary of Agriculture with a re10 quest that emergency relief be granted pursuant to para11 graph (3) of this subsection with respect to such article.

12 (2) Within 14 days after the filing of a petition under

13 paragraph (1)—

14 (A) if the Secretary of Agriculture has reason

15 to believe that a perishable product from a bene16 ficiary country is being imported into the United

17 States in such increased quantities as to be a sub18 stantial cause of serious injury, or the threat there19 of, to the domestic industry producing a perishable

20 product like or directly competitive with the im21 ported product and that emergency action is war22 ranted, the Secretary shall advise the President and

23 recommend that the President take emergency ac24 tion; or
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1 (B) the Secretary of Agriculture shall publish a

2 notice of the Secretary’s determination not to rec3 ommend the imposition of emergency action and so

4 advise the petitioner.

5 (3) Within 7 days after the President receives a rec6 ommendation from the Secretary of Agriculture to take

7 emergency action pursuant to paragraph (2), the Presi8 dent shall issue a proclamation withdrawing the duty-free

9 treatment provided by this Act or publish a notice of the

10 President’s determination not to take emergency action.

11 (4) The emergency action provided by paragraph (3)

12 shall cease to apply—

13 (A) upon the taking of action under section 203

14 of the Trade Act of 1974,

15 (B) on the day that a determination by the

16 President not to take action under section 203(b)(2)

17 of such Act becomes final,

18 (C) in the event of a report of the United

19 States International Trade Commission containing a

20 negative finding, on the day that the Commission’s

21 report is submitted to the President, or

22 (D) whenever the President determines that be23 cause of changed circumstances such relief is no

24 longer warranted.
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1 (5) For purposes of this subsection, the term ‘‘perish2 able product’’ means—

3 (A) live plants and fresh cut flowers provided

4 for in chapter 6 of the HTS;

5 (B) fresh or chilled vegetables provided for in

6 headings 0701 through 0709 (except subheading

7 0709.52.00) and heading 0714 of the HTS;

8 (C) fresh fruit provided for in subheadings

9 0804.20 through 0810.90 (except citrons of sub10 headings 0805.90.00, tamarinds of subheading

11 0810.90.25, and kiwi fruit of subheading

12 0810.50.00, and cashew apples, mameyes colorados,

13 sapodillas, soursops, and sweetsops of subheading

14 0810.90.40) of the HTS; and

15 (D) concentrated citrus fruit juice provided for

16 in subheadings 2009.11.00, 2009.19.40, 2009.20.40,

17 2009.30.20, and 2009.30.60 of the HTS.

18 (e) SECTION 22 FEES.—No proclamation issued pur19 suant to this Act shall affect fees imposed pursuant to

20 section 22 of the Agricultural Adjustment Act of 1933 (7

21 U.S.C. 624).

22 (f) TARIFF-RATE QUOTAS.—No quantity of an agri23 cultural product subject to a tariff-rate quota that exceeds

24 the in-quota quantity shall be eligible for duty-free treat25 ment under this Act.
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1 SEC. 7. RELATED AMENDMENTS.

2 (a) INCREASE IN DUTY-FREE TOURIST ALLOW3 ANCE.—Note 4 to subchapter IV of chapter 98 of the HTS

4 is amended by inserting before the final period the phrase

5 ‘‘, or a country designated as a beneficiary country under

6 the Southeast Europe Trade Preference Act’’.

7 (b) TREATMENT OF INSULAR POSSESSIONS PROD8 UCTS.—General note 3(a)(iv) of the HTS (relating to

9 products of the insular possessions) is amended by redes10 ignating subdivision (F) as subdivision (G), and by insert11 ing after subdivision (E) the following:

12 ‘‘(F) Subject to the provisions in section 5

13 of the Southeast Europe Trade Preference Act,

14 goods which are imported from the insular pos15 sessions of the United States shall receive duty

16 treatment no less favorable than the treatment

17 afforded such goods when they are imported

18 from a beneficiary country under that Act.’’.

19 (c) SECTION 301.—Section 301(c) of the Trade Act

20 of 1974 (19 U.S.C. 2411) is amended in paragraph (1)(C)

21 by striking ‘‘or’’ after ‘‘(19 U.S.C. 2702 (b) and (c))’’ and

22 inserting ‘‘or section 5 (b) and (c) of the Southeast Eu23 rope Trade Preference Act,’’ after ‘‘19 U.S.C. 3202 (b)

24 and (c)),’’.
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1 SEC. 8. INTERNATIONAL TRADE COMMISSION REPORT ON

2 IMPACT OF THE SOUTHEAST EUROPE TRADE

3 PREFERENCE ACT.

4 (a) REPORTING REQUIREMENT.—(1) No later than

5 October 1, 2002, the United States International Trade

6 Commission (referred to in this section as the ‘‘Commis7 sion’’) shall submit to Congress and the President a report

8 regarding the economic impact of this Act on United

9 States industries and consumers, and, in conjunction with

10 other agencies, the effectiveness of this Act in promoting

11 regional reconstruction.

12 (2) For purposes of this section, industries in the

13 Commonwealth of Puerto Rico and the insular possessions

14 of the United States are considered to be United States

15 industries.

16 (b) REQUIREMENTS FOR REPORT.—(1) The report

17 required under subsection (a) shall include, but not be lim18 ited to, an assessment by the Commission regarding—

19 (A) the actual effect, during the period covered

20 by the report, of this Act on the United States econ21 omy generally as well as on those specific domestic

22 industries which produce articles that are like, or di23 rectly competitive with, articles being imported into

24 the United States from beneficiary countries; and

25 (B) the probable future effect that this Act will

26 have on the United States economy generally, as well
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1 as on such domestic industries, before the provisions

2 of this Act terminate.

3 (2) In preparing the assessments required under

4 paragraph (1), the Commission shall, to the extent

5 practicable—

6 (A) analyze the production, trade, and con7 sumption of United States products affected by this

8 Act, taking into consideration employment, profit

9 levels, and use of productive facilities with respect to

10 the domestic industries concerned, and such other

11 economic factors in such industries as it considers

12 relevant, including prices, wages, sales, inventories,

13 patterns of demand, capital investment, obsolescence

14 of equipment, and diversification of production; and

15 (B) describe the nature and extent of any sig16 nificant change in employment, profit levels, and use

17 of productive facilities, and such other conditions as

18 it deems relevant in the domestic industries con19 cerned, which it believes are attributable to this Act.

20 (c) SUBMISSION DATES; PUBLIC COMMENT.—The

21 Commission shall provide an opportunity for the submis22 sion by the public, either orally or in writing, or both, of

23 information relating to matters that will be addressed in

24 the report.
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1 SEC. 9. IMPACT STUDY BY THE SECRETARY OF LABOR.

2 (a) The Secretary of Labor, in consultation with

3 other appropriate Federal agencies, shall undertake a con4 tinuing review and analysis of the impact that the imple5 mentation of the provisions of this Act has with respect

6 to United States labor, shall review developments in labor

7 conditions in the beneficiary countries, and, no later than

8 October 1, 2002, shall make a report to Congress on the

9 results of such review and analysis.

10 (b) For purposes of this section, industries in the

11 Commonwealth of Puerto Rico and the insular possessions

12 of the United States are considered to be United States

13 industries.

14 SEC. 10. EFFECTIVE DATE AND TERMINATION OF DUTY15 FREE TREATMENT.

16 (a) EFFECTIVE DATE.—This Act shall take effect on

17 the date of enactment of this Act.

18 (b) TERMINATION OF DUTY-FREE TREATMENT.—

19 Duty-free treatment extended to beneficiary countries

20 under this Act shall terminate on the date that is 5 years

21 after the date of enactment of this Act.

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