II

106TH CONGRESS

2D SESSION S. 2395

To promote economic development and stability in Southeast Europe by

providing countries in that region with additional trade benefits.

IN THE SENATE OF THE UNITED STATES

APRIL 11, 2000

Mr. MOYNIHAN (by request) introduced the following bill; which was read

twice and referred to the Committee on Finance

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-
2

•S 2395 IS

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-
3

•S 2395 IS

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.
4

•S 2395 IS

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-
5

•S 2395 IS

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,

22 unless—

23 (D) the President determines that—

24 (i) prompt, adequate, and effective

25 compensation has been or is being made to
6

•S 2395 IS

1 such citizen, corporation, partnership, or

2 association;

3 (ii) good-faith negotiations to provide

4 prompt, adequate, and effective compensa5 tion under the applicable provisions of

6 international law are in progress, or such

7 country is otherwise taking steps to dis8 charge its obligations under international

9 law with respect to such citizen, corpora10 tion, partnership, or association; or

11 (iii) a dispute involving such citizen,

12 corporation, partnership, or association,

13 over compensation for such a seizure has

14 been submitted to arbitration under the

15 provisions of the Convention for the Settle16 ment of Investment Disputes, or in an17 other mutually agreed upon forum, and

18 promptly furnishes a copy of such determina19 tion to the Senate and House of Representa20 tives;

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

22 recognizing as binding or in enforcing arbitral

23 awards in favor of United States citizens or a cor24 poration, partnership, or association which is 50 per25 cent or more beneficially owned by United States
7

•S 2395 IS

1 citizens, which have been made by arbitrators ap2 pointed for each case or by permanent arbitral bod3 ies to which the parties involved have submitted

4 their dispute;

5 (3) if such country affords preferential treat6 ment to the products of a developed country, other

7 than the United States, and if such preferential

8 treatment has, or is likely to have, a significant ad9 verse effect on United States, commerce;

10 (4) if a government-owned entity in such coun11 try engages in the broadcast of copyrighted material,

12 including films or television material, belonging to

13 United States copyright owners without their ex14 press consent or such country fails to work toward

15 the provision of adequate and effective protection of

16 intellectual property rights;

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

18 other agreement regarding the extradition of United

19 States citizens is applicable to such country;

20 (6) if such country has not taken or is not tak21 ing steps to afford to workers in that country (in22 cluding any designated zone in that country) inter23 nationally recognized worker rights, including the

24 right of association, the right to organize and bar25 gain collectively, a prohibition on the use of any
8

•S 2395 IS

1 form of coerced or compulsory labor (including traf2 ficking in persons), a minimum age for the employ3 ment of children, and acceptable conditions of work

4 with respect to minimum wages, hours of work, and

5 occupational safety and health; and

6 (7) if such country is a member of the Euro7 pean Union.

8 Paragraphs (1) through (6) shall not prevent the designa9 tion of any country as a beneficiary country under this

10 Act if the President determines that such designation will

11 be in the national economic or security interest of the

12 United States and reports such determination to Congress

13 with his reasons therefor.

14 (c) FACTORS AFFECTING DESIGNATION.—In deter15 mining whether to designate any country a beneficiary

16 country under this Act, the President shall take into

17 account—

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

19 to be so designated;

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

21 living standards of its inhabitants, and any other

22 factors which he deems appropriate;

23 (3) the extent to which such country has as24 sured the United States it will provide equitable and

25 reasonable access to such country’s—
9

•S 2395 IS

1 (A) basic commodity resources; and

2 (B) markets with respect to the products

3 for which benefits are provided under this Act,

4 and in other relevant product sectors as deter5 mined by the President;

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

7 accepted rules of international trade provided for

8 under the WTO Agreement and the multilateral

9 trade agreements (as such terms are defined in

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

11 the Uruguay Round Agreements Act);

12 (5) the degree to which such country uses ex13 port subsidies or imposes export performance re14 quirements or local content requirements which dis15 tort international trade;

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

17 such country as they relate to other beneficiary

18 countries are contributing to the revitalization of the

19 region;

20 (7) the degree to which such country is under21 taking self-help measures to promote its own eco22 nomic development;

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

24 workers in that country (including any designated

25 zone in that country) internationally recognized
10

•S 2395 IS

1 worker rights, including the right of association, the

2 right to organize and bargain collectively, a prohibi3 tion on the use of any form of coerced or compulsory

4 labor (including trafficking in persons), a minimum

5 age for the employment of children, and acceptable

6 conditions of work with respect to minimum wages,

7 hours of work, and occupational safety and health;

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

9 maintains, and effectively enforces laws providing for

10 high levels of environmental protection;

11 (10) the extent to which such country provides

12 under its law adequate and effective means for for13 eign nationals to secure, exercise, and enforce exclu14 sive rights in intellectual property, including patent,

15 trademark, and copyright rights;

16 (11) the degree to which such country prohibits

17 its nationals from engaging in the broadcast of copy18 righted material, including films or television mate19 rial, belonging to United States copyright owners

20 without their express consent;

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

22 effective measures to prevent production of, or traf23 ficking in, illicit drugs;
11

•S 2395 IS

1 (13) the degree to which the country provides

2 for effective prohibitions on bribery and other cor3 rupt practices affecting international trade;

4 (14) the degree to which the country applies

5 transparent procedures in government procurement

6 and contributes to efforts in international fora to de7 velop and implement international rules on trans8 parency in government procurement; and

9 (15) the extent to which such country is pre10 pared to cooperate with the United States in the ad11 ministration of the provisions of this Act.

12 The President may consider that a country is not pro13 viding adequate and effective protection of intellectual

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

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

16 Agreement on Trade-Related Aspects of Intellectual Prop17 erty Rights described in section 101(d)(15) of the Uru18 guay Round Agreements Act (19 U.S.C. 3511(d)(15)).

19 (d) WITHDRAWAL OR SUSPENSION OF DESIGNA20 TION.—(1) The President may—

21 (A) withdraw or suspend the designation of any

22 country as a beneficiary country, or

23 (B) withdraw, suspend, modify, or limit the ap24 plication of preferential treatment under this Act to

25 any article of any country,
12

•S 2395 IS

1 if, after such designation, the President determines that

2 such action is appropriate based on the limitations in sub3 section (b) or on the factors in subsection (c) of this sec4 tion.

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

6 publish in the Federal Register notice of the action the

7 President proposes to take under paragraph (1) at least

8 30 days before taking such action.

9 (B) The United States Trade Representative shall,

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

11 the United States Trade Representative publishes under

12 subparagraph (A) notice of proposed action—

13 (i) accept written comments from the public re14 garding such proposed action,

15 (ii) hold a public hearing on such proposed ac16 tion, and

17 (iii) publish in the Federal Register—

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

19 hearing prior to the hearing, and

20 (II) the time and place at which such writ21 ten comments will be accepted.

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

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

24 accorded to a country under the Generalized System of

25 Preferences based on one or more of the eligibility criteria
13

•S 2395 IS

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

2 that are the same or similar to one or more of the eligi3 bility criteria set forth in this section, the President shall

4 likewise withdraw, suspend, modify, or limit the applica5 tion of preferential treatment accorded to that country

6 under this Act.

7 (e) REPORT.—Not later than February 1, 2003, the

8 President shall submit to Congress a complete report re9 garding the operation of this Act, including the results of

10 a general review of beneficiary countries based on the con11 siderations described in subsections (b) and (c).

12 (f) KOSOVO AND MONTENEGRO.—Kosovo and Monte13 negro may be designated as beneficiary countries notwith14 standing the provisions of Public Law 102–420 (19 U.S.C.

15 2432 note), concerning the withdrawal of nondiscrim16 inatory treatment of goods that are the product of Serbia

17 or Montenegro, or any other law.

18 (g) FEDERAL REPUBLIC OF YUGOSLAVIA.—Notwith19 standing the limitation in section 5(a)(1), the Federal Re20 public of Yugoslavia may be considered eligible for des21 ignation as a beneficiary country under this Act if the

22 President determines that relevant authorities in the Gov23 ernment of the Federal Republic of Yugoslavia and the

24 Government of the Republic of Serbia have made signifi25 cant progress in meeting the following objectives:
14

•S 2395 IS

1 (1) Participation in a political process designed

2 to determine Kosovo’s future status, taking into ac3 count the Rambouillet accords.

4 (2) Compliance with the General Framework

5 Agreement for Peace in Bosnia and Herzegovina.

6 (3) Implementation of internal democratic re7 form.

8 (4) Cooperation on all succession issues with

9 the other republics that emerged from the dissolu10 tion of the Socialist Federal Republic of Yugoslavia.

11 (5) Cooperation with the International Criminal

12 Tribunal for the Former Yugoslavia, including

13 transfer of all indicted war criminals in the Federal

14 Republic of Yugoslavia to The Hague.

15 (6) Peaceful and democratic resolution of dif16 ferences between its constituent republics, Serbia

17 and Montenegro, over the structure of shared gov18 ernmental institutions.

19 SEC. 6. ELIGIBLE ARTICLES.

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

21 from eligibility by this Act, the duty-free treatment pro22 vided under this Act shall apply to any article which is

23 the growth, product, or manufacture of a beneficiary coun24 try if—
15

•S 2395 IS

1 (A) that article is imported directly from a ben2 eficiary country into the customs territory of the

3 United States; and

4 (B) the sum of—

5 (i) the cost or value of the materials pro6 duced in a beneficiary country or 2 or more

7 beneficiary countries under this Act, plus

8 (ii) the direct costs of processing oper9 ations performed in a beneficiary country or

10 countries,

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

12 such article at the time it is entered.

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

14 territory of the United States is included with respect to

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

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

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

18 States cost or value may be applied toward determining

19 the percentage referred to in subparagraph (B).

20 (2) The Secretary of the Treasury shall prescribe

21 such regulations as may be necessary to carry out sub22 section (a), including, but not limited to, regulations pro23 viding that, in order to be eligible for duty-free treatment

24 under this Act, an article must be wholly the growth, prod25 uct, or manufacture of a beneficiary country, or must be
16

•S 2395 IS

1 a new or different article of commerce which has been

2 grown, produced, or manufactured in the beneficiary coun3 try; but no article or material of a beneficiary country

4 shall be eligible for such treatment by virtue of having

5 merely undergone—

6 (A) simple combining or packaging operations,

7 or

8 (B) mere dilution with water or mere dilution

9 with another substance that does not materially alter

10 the characteristics of the article.

11 (3) As used in this subsection, the phrase ‘‘direct

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

13 to—

14 (A) all actual labor costs involved in the

15 growth, production, manufacture, or assembly of the

16 specific merchandise, including fringe benefits, on17 the-job training and the cost of engineering, super18 visory, quality control, and similar personnel; and

19 (B) dies, molds, tooling, and depreciation on

20 machinery and equipment which are allocable to the

21 specific merchandise.

22 Such phrase does not include costs which are not directly

23 attributable to the merchandise concerned or are not costs

24 of manufacturing the product, such as (i) profit, and (ii)

25 general expense of doing business which are either not al-
17

•S 2395 IS

1 locable to the specific merchandise or are not related to

2 the growth, production, manufacture, or assembly of the

3 merchandise, such as administrative salaries, casualty and

4 liability insurance, advertising, interest, and salesmen’s

5 salaries, commissions, 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, as amended (19 U.S.C. 2463

11 (b)(1)(A)).

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

13 The President may by proclamation suspend the duty-free

14 treatment provided by this Act with respect to any eligible

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

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

17 the Trade Act of 1974 or section 232 of the Trade Expan18 sion Act of 1962.

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

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

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

22 duty-free treatment has been proclaimed by the President

23 pursuant to this Act, the Commission shall state whether

24 and to what extent its findings and recommendations
18

•S 2395 IS

1 apply to such article when imported from beneficiary coun2 tries.

3 (3) For purposes of section 203 of the Trade Act of

4 1974, the suspension of duty-free treatment provided by

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

6 (4) No proclamation providing solely for a suspension

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

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

9 Trade Act of 1974 unless the United States International

10 Trade Commission, in addition to making an affirmative

11 determination with respect to such article under section

12 202(b) of the Trade Act of 1974, determines in the course

13 of its investigation under such section that the serious in14 jury (or threat thereof) substantially caused by imports

15 to the domestic industry producing a like or directly com16 petitive article results from the duty-free treatment pro17 vided by this Act.

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

19 Trade Act of 1974 that is in effect when duty-free treat20 ment is proclaimed under section 3 of this Act shall re21 main in effect until modified or terminated.

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

23 the time duty-free treatment is proclaimed under section

24 3 of this Act, the President may reduce or terminate the

25 application of such action to the importation of such arti-
19

•S 2395 IS

1 cle from beneficiary countries prior to the otherwise sched2 uled date on which such reduction or termination would

3 occur pursuant to the criteria and procedures of section

4 204 of the Trade Act of 1974.

5 (d) EMERGENCY RELIEF WITH RESPECT TO PER6 ISHABLE PRODUCTS.—(1) If a petition is filed with the

7 United States International Trade Commission pursuant

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

9 regarding a perishable product and alleging injury from

10 imports from beneficiary countries, then the petition may

11 also be filed with the Secretary of Agriculture with a re12 quest that emergency relief be granted pursuant to para13 graph (3) of this subsection with respect to such article.

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

15 paragraph (1) of this subsection—

16 (A) if the Secretary of Agriculture has reason

17 to believe that a perishable product from a bene18 ficiary country is being imported into the United

19 States in such increased quantities as to be a sub20 stantial cause of serious injury, or the threat there21 of, to the domestic industry producing a perishable

22 product like or directly competitive with the im23 ported product and that emergency action is war24 ranted, the Secretary shall advise the President and
20

•S 2395 IS

1 recommend that the President take emergency ac2 tion; or

3 (B) the Secretary of Agriculture shall publish a

4 notice of the Secretary’s determination not to rec5 ommend the imposition of emergency action and so

6 advise the petitioner.

7 (3) Within 7 days after the President receives a rec8 ommendation from the Secretary of Agriculture to take

9 emergency action pursuant to paragraph (2) of this sub10 section, the President shall issue a proclamation with11 drawing the duty-free treatment provided by this Act or

12 publish a notice of the President’s determination not to

13 take emergency action.

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

15 of this subsection shall cease to apply—

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

17 of the Trade Act of 1974,

18 (B) on the day a determination by the Presi19 dent not to take action under section 203(b)(2) of

20 such Act becomes final,

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

22 States International Trade Commission containing a

23 negative finding, on the day of the Commission’s re24 port is submitted to the President, or
21

•S 2395 IS

1 (D) whenever the President determines that be2 cause of changed circumstances such relief is no

3 longer warranted.

4 (5) For purposes of this subsection, the term ‘‘perish5 able product’’ means—

6 (A) live plants and fresh cut flowers provided

7 for in chapter 6 of the HTS;

8 (B) fresh or chilled vegetables provided for in

9 headings 0701 through 0709 (except subheading

10 0709.52.00) and heading 0714 of the HTS;

11 (C) fresh fruit provided for in subheadings

12 0804.20 through 0810.90 (except citrons of sub13 headings 0805.90.00, tamarinds of subheading

14 0810.90.25 and kiwi fruit of subheading 0810.50.00,

15 and cashew apples, mameyes colorados, sapodillas,

16 soursops, and sweetsops of subheading 0810.90.40)

17 of the HTS; or

18 (D) concentrated citrus fruit juice provided for

19 in subheadings 2009.11.00, 2009.19.40, 2009.20.40,

20 2009.30.20, and 2009.30.60 of the HTS.

21 (e) SECTION 22 FEES.—No proclamation issued pur22 suant to this Act shall affect fees imposed pursuant to

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

24 U.S.C. 624).
22

•S 2395 IS

1 (f) TARIFF-RATE QUOTAS.—No quantity of an agri2 cultural product subject to a tariff-rate quota that exceeds

3 the in-quota quantity shall be eligible for duty-free treat4 ment under this Act.

5 SEC. 7. RELATED AMENDMENTS.

6 (a) INCREASE IN DUTY-FREE TOURIST ALLOW7 ANCE.—Note 4 to subchapter IV of chapter 98 of the HTS

8 is amended by inserting before the final period the phrase

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

10 the Southeast Europe Trade Preference Act’’.

11 (b) TREATMENT OF INSULAR POSSESSIONS PROD12 UCTS.—General note 3(a)(iv) of the HTS (relating to

13 products of the insular possessions) is amended by redes14 ignating existing subdivision ‘‘(F)’’ as ‘‘(G)’’, and by add15 ing in alphabetical sequence the following:

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

17 of the Southeast Europe Trade Preference Act,

18 goods which are imported from the insular pos19 sessions of the United States shall receive duty

20 treatment no less favorable than the treatment

21 afforded such goods when they are imported

22 from a beneficiary country under such Act.’’.

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

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

25 by striking ‘‘or’’ after ‘‘(19 U.S.C. 2702 (b) and (c))’’ and
23

•S 2395 IS

1 inserting ‘‘or section 5 (b) and (c) of the Southeast Eu2 rope Trade Preference Act,’’ after ‘‘19 U.S.C. 3202 (b)

3 and (c)),’’.

4 SEC. 8. INTERNATIONAL TRADE COMMISSION REPORT ON

5 IMPACT OF THE SOUTHEAST EUROPE TRADE

6 PREFERENCE ACT.

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

8 October 1, 2002, the United States International Trade

9 Commission (referred to in this section as the ‘‘Commis10 sion’’) shall submit to Congress and the President a report

11 regarding the economic impact of this Act on United

12 States industries and consumers, and, in conjunction with

13 other agencies, the effectiveness of this Act in promoting

14 regional reconstruction.

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

16 Commonwealth of Puerto Rico and the insular possessions

17 of the United States are considered to be United States

18 industries.

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

20 required under subsection (a) shall include, but not be lim21 ited to, an assessment by the Commission regarding—

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

23 by the report, of this Act on the United States econ24 omy generally as well as on those specific domestic

25 industries which produce articles that are like, or di-
24

•S 2395 IS

1 rectly competitive with, articles being imported into

2 the United States from beneficiary countries; and

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

4 have on the United States economy generally, as well

5 as on such domestic industries, before the provisions

6 of this Act terminate.

7 (2) In preparing the assessments required under

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

9 practicable—

10 (A) analyze the production, trade, and con11 sumption of United States products affected by this

12 Act, taking into consideration employment, profit

13 levels, and use of productive facilities with respect to

14 the domestic industries concerned, and such other

15 economic factors in such industries as it considers

16 relevant, including prices, wages, sales, inventories,

17 patterns of demand, capital investment, obsolescence

18 of equipment, and diversification of production; and

19 (B) describe the nature and extent of any sig20 nificant change in employment, profit levels, and use

21 of productive facilities, and such other conditions as

22 it deems relevant in the domestic industries con23 cerned, which it believes are attributable to this Act.

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

25 Commission shall provide an opportunity for the submis-
25

•S 2395 IS

1 sion by the public, either orally or in writing, or both, of

2 information relating to matters that will be addressed in

3 the report.

4 SEC. 9. IMPACT STUDY BY THE SECRETARY OF LABOR.

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

6 other appropriate Federal agencies, shall undertake a con7 tinuing review and analysis of the impact that the imple8 mentation of the provisions of this Act has with respect

9 to United States labor, shall review developments in labor

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

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

12 results of such review and analysis.

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

14 Commonwealth of Puerto Rico and the insular possessions

15 of the United States are considered to be United States

16 industries.

17 SEC. 10. EFFECTIVE DATE AND TERMINATION OF DUTY18 FREE TREATMENT.

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

20 the date of enactment.

21 (b) TERMINATION OF DUTY-FREE TREATMENT.—No

22 duty-free treatment extended to beneficiary countries

23 under this Act shall remain in effect 5 years after the date

24 of enactment of this Act.

Æ