H. R. 4759 

One Hundred Eighth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the twentieth day of January, two thousand and four 

An Act 

To implement the United States-Australia Free Trade Agreement. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘United StatesAustralia Free Trade Agreement Implementation Act’’. 

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

is as follows: 

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

Sec. 3. Definitions.

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

AGREEMENT 

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

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

Sec. 103. Implementing actions in anticipation of entry into force and initial regulations.

Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed 

actions.

Sec. 105. Administration of dispute settlement proceedings.

Sec. 106. Effective dates; effect of termination.

TITLE II—CUSTOMS PROVISIONS 

Sec. 201. Tariff modifications.

Sec. 202. Additional duties on certain agricultural goods.

Sec. 203. Rules of origin. 

Sec. 204. Customs user fees.

Sec. 205. Disclosure of incorrect information.

Sec. 206. Enforcement relating to trade in textile and apparel goods.

Sec. 207. 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.
H. R. 4759—2 

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 Australia.

TITLE IV—PROCUREMENT 

Sec. 401. Eligible products. 1 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

(1) to approve and implement the Free Trade Agreement 

between the United States and Australia, entered into under 

the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b)); 

(2) to strengthen and develop economic relations between 

the United States and Australia for their mutual benefit; 

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

the reduction and elimination of barriers to trade in goods 

and services and to investment; and 

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

and enhance the benefits of such Agreement. 

SEC. 3. DEFINITIONS. 

In this Act: 

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

States-Australia Free Trade Agreement approved by Congress 

under section 101(a)(1). 

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

Schedule of the United States. 

(3) TEXTILE OR APPAREL GOOD.—The term ‘‘textile or 

apparel good’’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) 

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

TITLE I—APPROVAL OF, AND GENERAL 

PROVISIONS RELATING TO, THE 

AGREEMENT 

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

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

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

151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves— 

(1) the United States-Australia Free Trade Agreement 

entered into on May 18, 2004, with the Government of Australia 

and submitted to Congress on July 6, 2004; and 

(2) the statement of administrative action proposed to 

implement the Agreement that was submitted to Congress on 

July 6, 2004. 

(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.— At such time as the President determines that Australia has taken 

measures necessary to bring it into compliance with those provisions 

of the Agreement that are to take effect on the date on which 

the Agreement enters into force, the President is authorized to 

exchange notes with the Government of Australia providing for 
H. R. 4759—3 

the entry into force, on or after January 1, 2005, of the Agreement 

with respect to the United States. 

SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES 

AND STATE LAW. 

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

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

to any person or circumstance, which is inconsistent with any 

law of the United States shall have effect. 

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

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

or 

(B) to limit any authority conferred under any law 

of the United States, 

unless specifically provided for in this Act. 

(b) RELATIONSHIP OF AGREEMENT TO STATE LAW.— 

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

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

is inconsistent with the Agreement, except in an action brought 

by the United States for the purpose of declaring such law 

or application invalid. 

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

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

(B) any State law regulating or taxing the business 

of insurance. 

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

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

Agreement or by virtue of congressional approval thereof; or 

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

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

any political subdivision of a State, on the ground that such 

action or inaction is inconsistent with the Agreement. 

SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO 

FORCE AND INITIAL REGULATIONS. 

(a) IMPLEMENTING ACTIONS.— 

(1) PROCLAMATION AUTHORITY.—After the date of the enactment of this Act— 

(A) the President may proclaim such actions, and 

(B) other appropriate officers of the United States 

Government may issue such regulations, 

as may be necessary to ensure that any provision of this Act, 

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

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

may have an effective date earlier than the date on which 

the Agreement enters into force. 

(2) EFFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS.— 

Any action proclaimed by the President under the authority 

of this Act that is not subject to the consultation and layover 

provisions under section 104, may not take effect before the 
H. R. 4759—4 

15th day after the date on which the text of the proclamation 

is published in the Federal Register. 

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

in paragraph (2) on the taking effect of proclaimed actions 

is waived to the extent that the application of such restriction 

would prevent the taking effect on the date the Agreement 

enters into force of any action proclaimed under this section. 

(b) INITIAL REGULATIONS.—Initial regulations necessary or 

appropriate to carry out the actions required by or authorized 

under this Act or proposed in the statement of administrative 

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

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

In the case of any implementing action that takes effect on a 

date after the date on which the Agreement enters into force, 

initial regulations to carry out that action shall, to the maximum 

extent feasible, be issued within 1 year after such effective date. 

SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS. 

If a provision of this Act provides that the implementation 

of an action by the President by proclamation is subject to the 

consultation and layover requirements of this section, such action 

may be proclaimed only if— 

(1) the President has obtained advice regarding the proposed action from— 

(A) the appropriate advisory committees established 

under section 135 of the Trade Act of 1974 (19 U.S.C. 

2155); and 

(B) the United States International Trade Commission; 

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

on Finance of the Senate and the Committee on Ways and 

Means of the House of Representatives that sets forth— 

(A) the action proposed to be proclaimed and the reasons therefor; and 

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

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

day on which the requirements set forth in paragraphs (1) 

and (2) have been met has expired; and 

(4) the President has consulted with such Committees 

regarding the proposed action during the period referred to 

in paragraph (3). 

SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS. 

(a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—The President 

is authorized to establish or designate within the Department of 

Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 21 of the 

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

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

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for each fiscal year after fiscal year 2004 to 

the Department of Commerce such sums as may be necessary 

for the establishment and operations of the office under subsection 

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

of panels established under chapter 21 of the Agreement. 
H. R. 4759—5 

SEC. 106. EFFECTIVE DATES; EFFECT OF TERMINATION. 

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

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

take effect on the date on which the Agreement enters into force. 

(b) EXCEPTIONS.—Sections 1 through 3 and this title take effect 

on the date of the enactment of this Act. 

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

the Agreement terminates, the provisions of this Act (other than 

this subsection) and the amendments made by this Act shall cease 

to be effective. 

TITLE II—CUSTOMS PROVISIONS 

SEC. 201. TARIFF MODIFICATIONS. 

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

The President may proclaim— 

(1) such modifications or continuation of any duty, 

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

(3) such additional duties, 

as the President determines to be necessary or appropriate to 

carry out or apply articles 2.3, 2.5, and 2.6, and Annex 2–B of 

the Agreement. 

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

and layover provisions of section 104, the President may proclaim— 

(1) such modifications or continuation of any duty, 

(2) such modifications as the United States may agree 

to with Australia regarding the staging of any duty treatment 

set forth in Annex 2–B of the Agreement, 

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

(4) such additional duties, 

as the President determines to be necessary or appropriate to 

maintain the general level of reciprocal and mutually advantageous 

concessions with respect to Australia provided for by the Agreement. 

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

rate in the Schedule of the United States to Annex 2–B of the 

Agreement is a specific or compound rate of duty, the President 

may substitute for the base rate an ad valorem rate that the 

President determines to be equivalent to the base rate. 

SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS. 

(a) GENERAL PROVISIONS.— 

(1) APPLICABILITY OF SUBSECTION.—This subsection applies 

to additional duties assessed under subsections (b), (c), and 

(d). 

(2) APPLICABLE NTR (MFN) RATE OF DUTY.—For purposes 

of subsections (b), (c), and (d), the term ‘‘applicable NTR (MFN) 

rate of duty’’ means, with respect to a safeguard good, a rate 

of duty that is the lesser of— 

(A) the column 1 general rate of duty that would have 

been imposed under the HTS on the same safeguard good 

entered, without a claim for preferential treatment, at the 

time the additional duty is imposed under subsection (b), 

(c), or (d), as the case may be; or 

(B) the column 1 general rate of duty that would have 

been imposed under the HTS on the same safeguard good 
H. R. 4759—6 

entered, without a claim for preferential treatment, on 

December 31, 2004. 

(3) SCHEDULE RATE OF DUTY.—For purposes of subsections 

(b) and (c), the term ‘‘schedule rate of duty’’ means, with respect 

to a safeguard good, the rate of duty for that good set out 

in the Schedule of the United States to Annex 2–B of the 

Agreement. 

(4) SAFEGUARD GOOD.—In this subsection, the term ‘‘safeguard good’’ means— 

(A) a horticulture safeguard good described subsection 

(b)(1)(B); or 

(B) a beef safeguard good described in subsection (c)(1) 

or subsection (d)(1)(A). 

(5) EXCEPTIONS.—No additional duty shall be assessed on 

a good under subsection (b), (c), or (d) if, at the time of entry, 

the good is subject to import relief under— 

(A) subtitle A of title III of this Act; or 

(B) chapter 1 of title II of the Trade Act of 1974 

(19 U.S.C. 2251 et seq.). 

(6) TERMINATION.—The assessment of an additional duty 

on a good under subsection (b) or (c), whichever is applicable, 

shall cease to apply to that good on the date on which dutyfree treatment must be provided to that good under the 

Schedule of the United States to Annex 2–B of the Agreement. 

(7) NOTICE.—Not later than 60 days after the date on 

which the Secretary of the Treasury assesses an additional 

duty on a good under subsection (b), (c), or (d), the Secretary 

shall notify the Government of Australia in writing of such 

action and shall provide to that Government data supporting 

the assessment of the additional duty. 

(b) ADDITIONAL DUTIES ON HORTICULTURE SAFEGUARD

GOODS.— 

(1) DEFINITIONS.—In this subsection: 

(A) F.O.B.—The term ‘‘F.O.B.’’ means free on board, 

regardless of the mode of transportation, at the point of 

direct shipment by the seller to the buyer. 

(B) HORTICULTURE SAFEGUARD GOOD.—The term ‘‘horticulture safeguard good’’ means a good— 

(i) that qualifies as an originating good under section 203; 

(ii) that is included in the United States Horticulture Safeguard List set forth in Annex 3–A of the 

Agreement; and 

(iii) for which a claim for preferential treatment 

under the Agreement has been made. 

(C) UNIT IMPORT PRICE.—The ‘‘unit import price’’ of 

a good means the price of the good determined on the 

basis of the F.O.B. import price of the good, expressed 

in either dollars per kilogram or dollars per liter, whichever 

unit of measure is indicated for the good in the United 

States Horticulture Safeguard List set forth in Annex 3– 

A of the Agreement. 

(D) TRIGGER PRICE.—The ‘‘trigger price’’ for a good 

is the trigger price indicated for that good in the United 

States Horticulture Safeguard List set forth in Annex 3– 

A of the Agreement or any amendment thereto. 
H. R. 4759—7 

(2) ADDITIONAL DUTIES.—In addition to any duty proclaimed under subsection (a) or (b) of section 201, and subject 

to subsection (a) of this section, the Secretary of the Treasury 

shall assess a duty on a horticulture safeguard good, in the 

amount determined under paragraph (3), if the Secretary determines that the unit import price of the good when it enters 

the United States is less than the trigger price for that good. 

(3) CALCULATION OF ADDITIONAL DUTY.—The additional 

duty assessed under this subsection on a horticulture safeguard 

good shall be an amount determined in accordance with the 

following table: 

If the excess of the trigger price 

over the unit import price is: 

The additional duty is an 

amount equal to: 

Not more than 10 percent of the trigger price ........................................... 0. 

More than 10 percent but not more 

than 40 percent of the trigger price 30 percent of the excess of the 

applicable NTR (MFN) rate of 

duty over the schedule rate of 

duty. 

More than 40 percent but not more 

than 60 percent of the trigger price 50 percent of such excess. 

More than 60 percent but not more 

than 75 percent of the trigger price 70 percent of such excess. 

More than 75 percent of the trigger 

price .................................................. 100 percent of such excess. 

(c) ADDITIONAL DUTIES ON BEEF SAFEGUARD GOODS BASED

ON QUANTITY OF IMPORTS.— 

(1) DEFINITION.—In this subsection, the term ‘‘beef safeguard good’’ means a good— 

(A) that qualifies as an originating good under section 

203; 

(B) that is listed in paragraph 3 of Annex I of the 

General Notes to the Schedule of the United States to 

Annex 2–B of the Agreement; and 

(C) for which a claim for preferential treatment under 

the Agreement has been made. 

(2) ADDITIONAL DUTIES.—In addition to any duty proclaimed under subsection (a) or (b) of section 201, and subject 

to subsection (a) of this section and paragraphs (4) and (5) 

of this subsection, the Secretary of the Treasury shall assess 

a duty, in the amount determined under paragraph (3), on 

a beef safeguard good imported into the United States in a 

calendar year if the Secretary determines that, prior to such 

importation, the total volume of beef safeguard goods imported 

into the United States in that calendar year is equal to or 

greater than 110 percent of the volume set out for beef safeguard goods in the corresponding year in the table contained 

in paragraph 3(a) of Annex I of the General Notes to the 

Schedule of the United States to Annex 2–B of the Agreement. 

For purposes of this subsection, the years 1 through 19 set 

out in the table contained in paragraph 3(a) of such Annex 

I correspond to the calendar years 2005 through 2023. 

(3) CALCULATION OF ADDITIONAL DUTY.—The additional 

duty on a beef safeguard good under this subsection shall 
H. R. 4759—8 

be an amount equal to 75 percent of the excess of the applicable 

NTR (MFN) rate of duty over the schedule rate of duty. 

(4) WAIVER.— 

(A) IN GENERAL.—The United States Trade Representative is authorized to waive the application of this subsection, if the Trade Representative determines that 

extraordinary market conditions demonstrate that the 

waiver would be in the national interest of the United 

States, after the requirements of subparagraph (B) are 

met. 

(B) NOTICE AND CONSULTATIONS.—Promptly after 

receiving a request for a waiver of this subsection, the 

Trade Representative shall notify the Committee on Ways 

and Means of the House of Representatives and the Committee on Finance of the Senate, and may make the determination provided for in subparagraph (A) only after consulting with— 

(i) appropriate private sector advisory committees 

established under section 135 of the Trade Act of 1974 

(19 U.S.C. 2155); and 

(ii) the Committee on Ways and Means of the 

House of Representatives and the Committee on 

Finance of the Senate regarding— 

(I) the reasons supporting the determination 

to grant the waiver; and 

(II) the proposed scope and duration of the 

waiver. 

(C) NOTIFICATION OF THE SECRETARY OF THE

TREASURY AND PUBLICATION.—Upon granting a waiver 

under this paragraph, the Trade Representative shall 

promptly notify the Secretary of the Treasury of the 

period in which the waiver will be in effect, and shall 

publish notice of the waiver in the Federal Register. 

(5) EFFECTIVE DATES.—This subsection takes effect on 

January 1, 2013, and shall not be effective after December 

31, 2022. 

(d) ADDITIONAL DUTIES ON BEEF SAFEGUARD GOODS BASED

ON PRICE.— 

(1) DEFINITIONS.—In this subsection: 

(A) BEEF SAFEGUARD GOOD.—The term ‘‘beef safeguard 

good’’ means a good— 

(i) that qualifies as an originating good under section 203; 

(ii) that is classified under subheading 0201.10.50, 

0201.20.80, 0201.30.80, 0202.10.50, 0202.20.80, or 

0202.30.80 of the HTS; and 

(iii) for which a claim for preferential treatment 

under the Agreement has been made. 

(B) CALENDAR QUARTER.— 

(i) IN GENERAL.—The term ‘‘calendar quarter’’ 

means any 3-month period beginning on January 1, 

April 1, July 1, or October 1 of a calendar year. 

(ii) FIRST CALENDAR QUARTER.—The term ‘‘first calendar quarter’’ means the calendar quarter beginning 

on January 1. 
H. R. 4759—9 

(iii) SECOND CALENDAR QUARTER.—The term 

‘‘second calendar quarter’’ means the calendar quarter 

beginning on April 1. 

(iv) THIRD CALENDAR QUARTER.—The term ‘‘third 

calendar quarter’’ means the calendar quarter beginning on July 1. 

(v) FOURTH CALENDAR QUARTER.—The term ‘‘fourth 

calendar quarter’’ means the calendar quarter beginning on October 1. 

(C) MONTHLY AVERAGE INDEX PRICE.—The term 

‘‘monthly average index price’’ means the simple average, 

as determined by the Secretary of Agriculture, for a calendar month of the daily average index prices for Wholesale 

Boxed Beef Cut-Out Value Select 1–3 Central U.S. 600– 

750 lbs., or its equivalent, as such simple average is 

reported by the Agricultural Marketing Service of the 

Department of Agriculture in Report LM–XB459 or any 

equivalent report. 

(D) 24-MONTH TRIGGER PRICE.—The term ‘‘24-month 

trigger price’’ means, with respect to any calendar month, 

the average of the monthly average index prices for the 

24 preceding calendar months, multiplied by 0.935. 

(2) ADDITIONAL DUTIES.—In addition to any duty proclaimed under subsection (a) or (b) of section 201, and subject 

to subsection (a) of this section and paragraphs (4) through 

(6) of this subsection, the Secretary of the Treasury shall assess 

a duty, in the amount determined under paragraph (3), on 

a beef safeguard good imported into the United States if— 

(A)(i) the good is imported in the first calendar quarter, 

second calendar quarter, or third calendar quarter of a 

calendar year; and 

(ii) the monthly average index price, in any 2 calendar 

months of the preceding calendar quarter, is less than 

the 24-month trigger price; or 

(B)(i) the good is imported in the fourth calendar 

quarter of a calendar year; and 

(ii)(I) the monthly average index price, in any 2 calendar months of the preceding calendar quarter, is less 

than the 24-month trigger price; or 

(II) the monthly average index price, in any of the 

4 calendar months preceding January 1 of the succeeding 

calendar year, is less than the 24-month trigger price. 

(3) CALCULATION OF ADDITIONAL DUTY.—The additional 

duty on a beef safeguard good under this subsection shall 

be an amount equal to 65 percent of the applicable NTR (MFN) 

rate of duty for that good. 

(4) LIMITATION.—An additional duty shall be assessed 

under this subsection on a beef safeguard good imported into 

the United States in a calendar year only if, prior to the 

importation of that good, the total quantity of beef safeguard 

goods imported into the United States in that calendar year 

is equal to or greater than the sum of— 

(A) the quantity of goods of Australia eligible to enter 

the United States in that year specified in Additional 

United States Note 3 to Chapter 2 of the HTS; and 

(B)(i) in 2023, 70,420 metric tons; or 
H. R. 4759—10 

(ii) in 2024, and in each year thereafter, a quantity 

that is 0.6 percent greater than the quantity provided 

for in the preceding year under this subparagraph. 

(5) WAIVER.— 

(A) IN GENERAL.—The United States Trade Representative is authorized to waive the application of this subsection, if the Trade Representative determines that 

extraordinary market conditions demonstrate that the 

waiver would be in the national interest of the United 

States, after the requirements of subparagraph (B) are 

met. 

(B) NOTICE AND CONSULTATIONS.—Promptly after 

receiving a request for a waiver of this subsection, the 

Trade Representative shall notify the Committee on Ways 

and Means of the House of Representatives and the Committee on Finance of the Senate, and may make the determination provided for in subparagraph (A) only after consulting with— 

(i) appropriate private sector advisory committees 

established under section 135 of the Trade Act of 1974 

(19 U.S.C. 2155); and 

(ii) the Committee on Ways and Means of the 

House of Representatives and the Committee on 

Finance of the Senate regarding— 

(I) the reasons supporting the determination 

to grant the waiver; and 

(II) the proposed scope and duration of the 

waiver. 

(C) NOTIFICATION OF THE SECRETARY OF THE

TREASURY AND PUBLICATION.—Upon granting a waiver 

under this paragraph, the Trade Representative shall 

promptly notify the Secretary of the Treasury of the 

period in which the waiver will be in effect, and shall 

publish notice of the waiver in the Federal Register. 

(6) EFFECTIVE DATE.—This subsection takes effect on 

January 1, 2023. 

SEC. 203. RULES OF ORIGIN. 

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

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

(2) REFERENCE TO HTS.—Whenever in this section there 

is a reference to a heading or subheading, such reference shall 

be a reference to a heading or subheading of the HTS. 

(3) COST OR VALUE.—Any cost or value referred to in this 

section shall be recorded and maintained in accordance with 

the generally accepted accounting principles applicable in the 

territory of the country in which the good is produced (whether 

Australia or the United States). 

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

purposes of implementing the preferential treatment provided for 

under the Agreement, a good is an originating good if— 

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

in the territory of Australia, the United States, or both; 

(2) the good— 

(A) is produced entirely in the territory of Australia, 

the United States, or both, and— 
H. R. 4759—11 

(i) each of the nonoriginating materials used in 

the production of the good undergoes an applicable 

change in tariff classification specified in Annex 4– 

A or Annex 5–A of the Agreement; 

(ii) the good otherwise satisfies any applicable 

regional value-content requirement referred to in 

Annex 5–A of the Agreement; or 

(iii) the good meets any other requirements specified in Annex 4–A or Annex 5–A of the Agreement; 

and 

(B) the good satisfies all other applicable requirements 

of this section; 

(3) the good is produced entirely in the territory of Australia, the United States, or both, exclusively from materials 

described in paragraph (1) or (2); or 

(4) the good otherwise qualifies as an originating good 

under this section. 

(c) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.— 

(1) IN GENERAL.—Except as provided in paragraphs (2) 

and (3), a good that does not undergo a change in tariff classification pursuant to Annex 5–A of the Agreement is an originating good if— 

(A) the value of all nonoriginating materials that— 

(i) are used in the production of the good, and 

(ii) do not undergo the required change in tariff 

classification, 

does not exceed 10 percent of the adjusted value of the 

good; 

(B) the good meets all other applicable requirements 

of this section; and 

(C) the value of such nonoriginating materials is 

included in the value of nonoriginating materials for any 

applicable regional value-content requirement for the good. 

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

(A) A nonoriginating material provided for in chapter 

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

the production of a good provided for in chapter 4 of the 

HTS. 

(B) A nonoriginating material provided for in chapter 

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

the production of a good provided for in subheading 

1901.10, 1901.20, or 1901.90, heading 2105, or subheading 

2106.90, 2202.90, or 2309.90. 

(C) A nonoriginating material provided for in heading 

0805 or any of subheadings 2009.11 through 2009.39 that 

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

of subheadings 2009.11 through 2009.39, or in subheading 

2106.90 or 2202.90. 

(D) A nonoriginating material provided for in chapter 

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

provided for in any of headings 1501.00.00 through 1508, 

or in heading 1512, 1514, or 1515. 

(E) A nonoriginating material provided for in heading 

1701 that is used in the production of a good provided 

for in any of headings 1701 through 1703. 
H. R. 4759—12 

(F) A nonoriginating material provided for in chapter 

17 of the HTS or heading 1805.00.00 that is used in the 

production of a good provided for in subheading 1806.10. 

(G) A nonoriginating material provided for in any of 

headings 2203 through 2208 that is used in the production 

of a good provided for in heading 2207 or 2208. 

(H) A nonoriginating material used in the production 

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

of the HTS unless the nonoriginating material is provided 

for in a different subheading than the good for which 

origin is being determined under this section. 

(3) TEXTILE AND APPAREL GOODS.— 

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

(B), a textile or apparel good that is not an originating 

good because certain fibers or yarns used in the production 

of the component of the good that determines the tariff 

classification of the good do not undergo an applicable 

change in tariff classification set out in Annex 4–A of 

the Agreement shall be considered to be an originating 

good if the total weight of all such fibers or yarns in 

that component is not more than 7 percent of the total 

weight of that component. 

(B) CERTAIN TEXTILE OR APPAREL GOODS.—A textile 

or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification 

of the good shall be considered to be an originating good 

only if such yarns are wholly formed in the territory of 

Australia or the United States. 

(C) YARN, FABRIC, OR FIBER.—For purposes of this paragraph, in the case of a textile or apparel good that is 

a yarn, fabric, or group of fibers, the term ‘‘component 

of the good that determines the tariff classification of the 

good’’ means all of the fibers in the yarn, fabric, or group 

of fibers. 

(d) ACCUMULATION.— 

(1) ORIGINATING MATERIALS USED IN PRODUCTION OF GOODS

OF OTHER COUNTRY.—Originating materials from the territory 

of Australia or the United States that are used in the production 

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

to originate in the territory of the other country. 

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

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

or more producers, is an originating good if the good satisfies 

the requirements of subsection (b) and all other applicable 

requirements of this section. 

(e) REGIONAL VALUE-CONTENT.— 

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

regional value-content of a good referred to in Annex 5–A 

of the Agreement, except for goods to which paragraph (4) 

applies, shall be calculated by the importer, exporter, or producer of the good, on the basis of the build-down method 

described in paragraph (2) or the build-up method described 

in paragraph (3). 

(2) BUILD-DOWN METHOD.— 

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

may be calculated on the basis of the following builddown method: 
H. R. 4759—13 

AV–VNM

RVC = ———— × 100 

AV

(B) DEFINITIONS.—In subparagraph (A): 

(i) RVC.—The term ‘‘RVC’’ means the regional 

value-content of the good, expressed as a percentage. 

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

of the good. 

(iii) VNM.—The term ‘‘VNM’’ means the value of 

nonoriginating materials that are acquired and used 

by the producer in the production of the good, but 

does not include the value of a material that is selfproduced. 

(3) BUILD-UP METHOD.— 

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

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

VOM

RVC = ———— × 100 

AV

(B) DEFINITIONS.—In subparagraph (A): 

(i) RVC.—The term ‘‘RVC’’ means the regional 

value-content of the good, expressed as a percentage. 

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

of the good. 

(iii) VOM.—The term ‘‘VOM’’ means the value of 

originating materials that are acquired or self-produced, and used by the producer in the production 

of the good. 

(4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE GOODS.— (A) IN GENERAL.—For purposes of subsection (b)(2), 

the regional value-content of an automotive good referred 

to in Annex 5–A of the Agreement shall be calculated 

by the importer, exporter, or producer of the good, on 

the basis of the following net cost method: 

NC–VNM

RVC = ———— × 100 

NC

(B) DEFINITIONS.—In subparagraph (A): 

(i) AUTOMOTIVE GOOD.—The term ‘‘automotive 

good’’ means a good provided for in any of subheadings 

8407.31 through 8407.34, subheading 8408.20, heading 

8409, or in any of headings 8701 through 8708. 

(ii) RVC.—The term ‘‘RVC’’ means the regional 

value-content of the automotive good, expressed as a 

percentage. 

(iii) NC.—The term ‘‘NC’’ means the net cost of 

the automotive good. 

(iv) VNM.—The term ‘‘VNM’’ means the value of 

nonoriginating materials that are acquired and used 

by the producer in the production of the automotive 

good, but does not include the value of a material 

that is self-produced. 

(C) MOTOR VEHICLES.— 
H. R. 4759—14 

(i) BASIS OF CALCULATION.—For purposes of determining the regional value-content under subparagraph 

(A) for an automotive good that is a motor vehicle 

provided for in any of headings 8701 through 8705, 

an importer, exporter, or producer may average the 

amounts calculated under the formula contained in 

subparagraph (A), over the producer’s fiscal year— 

(I) with respect to all motor vehicles in any 

one of the categories described in clause (ii); or 

(II) with respect to all motor vehicles in any 

such category that are exported to the territory 

of the United States or Australia. 

(ii) CATEGORIES.—A category is described in this 

clause if it— 

(I) is the same model line of motor vehicles, 

is in the same class of vehicles, and is produced 

in the same plant in the territory of Australia 

or the United States, as the good described in 

clause (i) for which regional value-content is being 

calculated; 

(II) is the same class of motor vehicles, and 

is produced in the same plant in the territory 

of Australia or the United States, as the good 

described in clause (i) for which regional valuecontent is being calculated; or 

(III) is the same model line of motor vehicles 

produced in either the territory of Australia or 

the United States, as the good described in clause 

(i) for which regional value-content is being calculated. 

(D) OTHER AUTOMOTIVE GOODS.—For purposes of determining the regional value-content under subparagraph (A) 

for automotive goods provided for in any of subheadings 

8407.31 through 8407.34, in subheading 8408.20, or in 

heading 8409, 8706, 8707, or 8708, that are produced in 

the same plant, an importer, exporter, or producer may— 

(i) average the amounts calculated under the formula contained in subparagraph (A) over— 

(I) the fiscal year of the motor vehicle producer 

to whom the automotive goods are sold, 

(II) any quarter or month, or 

(III) its own fiscal year, 

if the goods were produced during the fiscal year, 

quarter, or month that is the basis for the calculation; 

(ii) determine the average referred to in clause 

(i) separately for such goods sold to one or more motor 

vehicle producers; or 

(iii) make a separate determination under clause 

(i) or (ii) for automotive goods that are exported to 

the territory of the United States or Australia. 

(E) CALCULATING NET COST.—Consistent with the 

provisions regarding allocation of costs set out in generally 

accepted accounting principles, the net cost of the automotive good under subparagraph (B) shall be calculated 

by— 

(i) calculating the total cost incurred with respect 

to all goods produced by the producer of the automotive 
H. R. 4759—15 

good, subtracting any sales promotion, marketing and 

after-sales service costs, royalties, shipping and 

packing costs, and nonallowable interest costs that are 

included in the total cost of all such goods, and then 

reasonably allocating the resulting net cost of those 

goods to the automotive good; 

(ii) calculating the total cost incurred with respect 

to all goods produced by that producer, reasonably 

allocating the total cost to the automotive good, and 

then subtracting any sales promotion, marketing and 

after-sales service costs, royalties, shipping and 

packing costs, and nonallowable interest costs that are 

included in the portion of the total cost allocated to 

the automotive good; or 

(iii) reasonably allocating each cost that forms part 

of the total cost incurred with respect to the automotive 

good so that the aggregate of these costs does not 

include any sales promotion, marketing and after-sales 

service costs, royalties, shipping and packing costs, 

or nonallowable interest costs. 

(f) VALUE OF MATERIALS.— 

(1) IN GENERAL.—For the purpose of calculating the 

regional value-content of a good under subsection (e), and for 

purposes of applying the de minimis rules under subsection 

(c), the value of a material is— 

(A) in the case of a material that is imported by the 

producer of the good, the adjusted value of the material; 

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

in which the good is produced, the value, determined in 

accordance with Articles 1 through 8, article 15, and the 

corresponding interpretive notes of the Agreement on 

Implementation of Article VII of the General Agreement 

on Tariffs and Trade 1994 referred to in section 101(d)(8) 

of the Uruguay Round Agreements Act, as set forth in 

regulations promulgated by the Secretary of the Treasury 

providing for the application of such Articles in the absence 

of an importation; or 

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

the sum of— 

(i) all expenses incurred in the production of the 

material, including general expenses; and 

(ii) an amount for profit equivalent to the profit 

added in the normal course of trade. 

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

(A) ORIGINATING MATERIAL.—The following expenses, 

if not included in the value of an originating material 

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

of the originating material: 

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

all other costs incurred in transporting the material 

within or between the territory of Australia, the United 

States, or both, to the location of the producer. 

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

the material paid in the territory of Australia, the 

United States, or both, other than duties or taxes 

that are waived, refunded, refundable, or otherwise 
H. R. 4759—16 

recoverable, including credit against duty or tax paid 

or payable. 

(iii) The cost of waste and spoilage resulting from 

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

less the value of renewable scrap or byproducts. 

(B) NONORIGINATING MATERIAL.—The following 

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

the value of the nonoriginating material: 

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

all other costs incurred in transporting the material 

within or between the territory of Australia, the United 

States, or both, to the location of the producer. 

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

the material paid in the territory of Australia, the 

United States, or both, other than duties or taxes 

that are waived, refunded, refundable, or otherwise 

recoverable, including credit against duty or tax paid 

or payable. 

(iii) The cost of waste and spoilage resulting from 

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

less the value of renewable scrap or byproducts. 

(iv) The cost of processing incurred in the territory 

of Australia, the United States, or both, in the production of the nonoriginating material. 

(v) The cost of originating materials used in the 

production of the nonoriginating material in the territory of Australia, the United States, or both. 

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

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

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

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

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

originating good; and 

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

undergo the applicable change in tariff classification set 

out in Annex 5–A of the Agreement. 

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

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

invoiced separately from the good; 

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

parts, or tools are customary for the good; and 

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

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

tools is taken into account as originating or nonoriginating 

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

value-content of the good. 

(h) FUNGIBLE GOODS AND MATERIALS.— 

(1) IN GENERAL.— 

(A) CLAIM FOR PREFERENTIAL TREATMENT.—A person 

claiming that a fungible good or fungible material is an 

originating good may base the claim either on the physical 

segregation of the fungible good or fungible material or 

by using an inventory management method with respect 

to the fungible good or fungible material. 
H. R. 4759—17 

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

(i) averaging; 

(ii) ‘‘last-in, first-out’’; 

(iii) ‘‘first-in, first-out’’; or 

(iv) any other method— 

(I) recognized in the generally accepted 

accounting principles of the country in which the 

production is performed (whether Australia or the 

United States); or 

(II) otherwise accepted by that country. 

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

an inventory management method under paragraph (1) for 

a particular fungible good or fungible material shall continue 

to use that method for that fungible good or fungible material 

throughout the fiscal year of that person. 

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

Packaging materials and containers in which a good is packaged 

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

in determining whether all the nonoriginating materials used in 

the production of the good undergo the applicable change in tariff 

classification set out in Annex 4–A or Annex 5–A of the Agreement, 

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

the value of such packaging materials and containers shall be 

taken into account as originating or nonoriginating materials, as 

the case may be, in calculating the regional value-content of the 

good. 

(j) PACKING MATERIALS AND CONTAINERS FOR SHIPMENT.— 

Packing materials and containers for shipment shall be disregarded 

in determining whether— 

(1) the nonoriginating materials used in the production 

of a good undergo the applicable change in tariff classification 

set out in Annex 4–A or Annex 5–A of the Agreement; and 

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

(k) INDIRECT MATERIALS.—An indirect material shall be treated 

as an originating material without regard to where it is produced, 

and its value shall be the cost registered in the accounting records 

of the producer of the good. 

(l) THIRD COUNTRY OPERATIONS.—A good that has undergone 

production necessary to qualify as an originating good under subsection (b) shall not be considered to be an originating good if, 

subsequent to that production, the good undergoes further production or any other operation outside the territory of Australia or 

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

operation necessary to preserve the good in good condition or to 

transport the good to the territory of Australia or the United States. 

(m) TEXTILE AND APPAREL GOODS CLASSIFIABLE AS GOODS PUT

UP IN SETS.—Notwithstanding the rules set forth in Annex 4– 

A of the Agreement, textile or apparel goods classifiable as goods 

put up in sets for retail sale as provided for in General Rule 

of Interpretation 3 of the HTS shall not be considered to be originating goods unless each of the goods in the set is an originating 

good or the total value of the nonoriginating goods in the set 

does not exceed 10 percent of the value of the set determined 

for purposes of assessing customs duties. 

(n) DEFINITIONS.—In this section: 
H. R. 4759—18 

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

the value determined under Articles 1 through 8, Article 15, 

and the corresponding interpretive notes of the Agreement on 

Implementation of Article VII of the General Agreement on 

Tariffs and Trade 1994 referred to in section 101(d)(8) of the 

Uruguay Round Agreements Act, adjusted to exclude any costs, 

charges, or expenses incurred for transportation, insurance, 

and related services incident to the international shipment 

of the good from the country of exportation to the place of 

importation. 

(2) CLASS OF MOTOR VEHICLES.—The term ‘‘class of motor 

vehicles’’ means any one of the following categories of motor 

vehicles: 

(A) Motor vehicles provided for in subheading 8701.20, 

8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 

8705 or 8706, or motor vehicles for the transport of 16 

or more persons provided for in subheading 8702.10 or 

8702.90. 

(B) Motor vehicles provided for in subheading 8701.10 

or any of subheadings 8701.30 through 8701.90. 

(C) Motor vehicles for the transport of 15 or fewer 

persons provided for in subheading 8702.10 or 8702.90, 

or motor vehicles provided for in subheading 8704.21 or 

8704.31. 

(D) Motor vehicles provided for in any of subheadings 

8703.21 through 8703.90. 

(3) FUNGIBLE GOOD OR FUNGIBLE MATERIAL.—The term 

‘‘fungible good’’ or ‘‘fungible material’’ means a good or material, 

as the case may be, that is interchangeable with another good 

or material for commercial purposes and the properties of which 

are essentially identical to such other good or material. 

(4) GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.—The 

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

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

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

assets, and liabilities, the disclosure of information, and the 

preparation of financial statements. These standards may 

encompass broad guidelines of general application as well as 

detailed standards, practices, and procedures. 

(5) GOOD WHOLLY OBTAINED OR PRODUCED ENTIRELY IN

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

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

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

(A) a mineral good extracted in the territory of Australia, the United States, or both; 

(B) a vegetable good, as such goods are provided for 

in the HTS, harvested in the territory of Australia, the 

United States, or both; 

(C) a live animal born and raised in the territory 

of Australia, the United States, or both; 

(D) a good obtained from hunting, trapping, fishing, 

or aquaculture conducted in the territory of Australia, the 

United States, or both; 
H. R. 4759—19 

(E) a good (fish, shellfish, and other marine life) taken 

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

country; 

(F) a good produced exclusively from products referred 

to in subparagraph (E) on board factory ships registered 

or recorded with Australia or the United States and flying 

the flag of that country; 

(G) a good taken by Australia or the United States 

or a person of Australia or the United States from the 

seabed or beneath the seabed outside territorial waters, 

if Australia or the United States has rights to exploit 

such seabed; 

(H) a good taken from outer space, if such good is 

obtained by Australia or the United States or a person 

of Australia or the United States and not processed in 

the territory of a country other than Australia or the United 

States; 

(I) waste and scrap derived from— 

(i) production in the territory of Australia, the 

United States, or both; or 

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

fit only for the recovery of raw materials; 

(J) a recovered good derived in the territory of Australia or the United States from goods that have passed 

their life expectancy, or are no longer usable due to defects, 

and utilized in the territory of that country in the production of remanufactured goods; or 

(K) a good produced in the territory of Australia, the 

United States, or both, exclusively— 

(i) from goods referred to in any of subparagraphs 

(A) through (I), or 

(ii) from the derivatives of goods referred to in 

clause (i), 

at any stage of production. 

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

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

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

a good used in the maintenance of buildings or the operation 

of equipment associated with the production of a good, 

including— 

(A) fuel and energy; 

(B) tools, dies, and molds; 

(C) spare parts and materials used in the maintenance 

of equipment or buildings; 

(D) lubricants, greases, compounding materials, and 

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

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

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

or inspecting the good; 

(G) catalysts and solvents; and 

(H) any other goods that are not incorporated into 

the good but the use of which in the production of the 
H. R. 4759—20 

good can reasonably be demonstrated to be a part of that 

production. 

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

is used in the production of another good. 

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

that is self-produced’’ means an originating material that is 

produced by a producer of a good and used in the production 

of that good. 

(9) MODEL LINE.—The term ‘‘model line’’ means a group 

of motor vehicles having the same platform or model name. 

(10) NONALLOWABLE INTEREST COSTS.—The term ‘‘nonallowable interest costs’’ means interest costs incurred by a producer 

that exceed 700 basis points above the applicable official 

interest rate for comparable maturities of the country (whether 

Australia or the United States). 

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

material’’ means a material that does not qualify as originating 

under this section. 

(12) PREFERENTIAL TREATMENT.—The term ‘‘preferential 

treatment’’ means the customs duty rate, and the treatment 

under article 2.12 of the Agreement, that are applicable to 

an originating good pursuant to the Agreement. 

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

engages in the production of a good in the territory of Australia 

or the United States. 

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

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

(15) REASONABLY ALLOCATE.—The term ‘‘reasonably allocate’’ means to apportion in a manner that would be appropriate 

under generally accepted accounting principles. 

(16) RECOVERED GOODS.—The term ‘‘recovered goods’’ 

means materials in the form of individual parts that result 

from— 

(A) the complete disassembly of goods which have 

passed their life expectancy, or are no longer usable due 

to defects, into individual parts; and 

(B) the cleaning, inspecting, or testing, or other processing that is necessary for improvement to sound working 

condition of such individual parts. 

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

good’’ means an industrial good that is assembled in the territory of Australia or the United States, that is classified under 

chapter 84, 85, or 87 of the HTS or heading 9026, 9031, or 

9032, other than a good classified under heading 8418 or 8516 

or any of headings 8701 through 8706, and that— 

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

(B) has a similar life expectancy to, and meets the 

same performance standards as, a like good that is new; 

and 

(C) enjoys a factory warranty similar to a like good 

that is new. 

(18) TOTAL COST.—The term ‘‘total cost’’ means all product 

costs, period costs, and other costs for a good incurred in 

the territory of Australia, the United States, or both. 

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

in the production of goods. 
H. R. 4759—21 

(o) PRESIDENTIAL PROCLAMATION AUTHORITY.— (1) IN GENERAL.—The President is authorized to proclaim, 

as part of the HTS— 

(A) the provisions set out in Annex 4–A and Annex 

5–A of the Agreement; and 

(B) any additional subordinate category necessary to 

carry out this title consistent with the Agreement. 

(2) MODIFICATIONS.— (A) IN GENERAL.—Subject to the consultation and layover provisions of section 104, the President may proclaim 

modifications to the provisions proclaimed under the 

authority of paragraph (1)(A), other than provisions of chapters 50 through 63 of the HTS, as included in Annex 

4–A of the Agreement. 

(B) ADDITIONAL PROCLAMATIONS.—Notwithstanding 

subparagraph (A), and subject to the consultation and layover provisions of section 104, the President may proclaim— 

(i) modifications to the provisions proclaimed under 

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

to implement an agreement with Australia pursuant 

to article 4.2.5 of the Agreement; and 

(ii) before the end of the 1-year period beginning 

on the date of the enactment of this Act, modifications 

to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of 

chapters 50 through 63 of the HTS, as included in 

Annex 4–A of the Agreement. 

SEC. 204. CUSTOMS USER FEES. 

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

paragraph (13) the following: 

‘‘(14) No fee may be charged under subsection (a) (9) or (10) 

with respect to goods that qualify as originating goods under section 

203 of the United States-Australia Free Trade Agreement Implementation Act. Any service for which an exemption from such 

fee is provided by reason of this paragraph may not be funded 

with money contained in the Customs User Fee Account.’’. 

SEC. 205. DISCLOSURE OF INCORRECT INFORMATION. 

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

is amended— 

(1) by redesignating paragraph (8) as paragraph (9); and 

(2) by inserting after paragraph (7) the following new paragraph: 

‘‘(8) PRIOR DISCLOSURE REGARDING CLAIMS UNDER THE

UNITED STATES-AUSTRALIA FREE TRADE AGREEMENT.— ‘‘(A) IN GENERAL.—An importer shall not be subject 

to penalties under subsection (a) for making an incorrect 

claim that a good qualifies as an originating good under 

section 203 of the United States-Australia Free Trade 

Agreement Implementation Act if the importer, in accordance with regulations issued by the Secretary of the 

Treasury, voluntarily and promptly makes a corrected declaration and pays any duties owing. 

‘‘(B) TIME PERIODS FOR MAKING CORRECTIONS.—In the 

regulations referred to in subparagraph (A), the Secretary 
H. R. 4759—22 

of the Treasury is authorized to prescribe time periods 

for making a corrected declaration and paying duties owing 

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

than 1 year following the date on which the importer 

makes the incorrect claim.’’. 

SEC. 206. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND 

APPAREL GOODS. 

(a) ACTION DURING VERIFICATION.— 

(1) IN GENERAL.—If the Secretary of the Treasury requests 

the Government of Australia to conduct a verification pursuant 

to article 4.3 of the Agreement for purposes of making a determination under paragraph (2), the President may direct the 

Secretary to take appropriate action described in subsection 

(b) while the verification is being conducted. 

(2) DETERMINATION.—A determination under this paragraph 

is a determination— 

(A) that an exporter or producer in Australia is complying with applicable customs laws, regulations, procedures, requirements, or practices affecting trade in textile 

or apparel goods; or 

(B) that a claim that a textile or apparel good exported 

or produced by such exporter or producer— 

(i) qualifies as an originating good under section 

203 of this Act; or 

(ii) is a good of Australia, 

is accurate. 

(b) APPROPRIATE ACTION DESCRIBED.—Appropriate action under 

subsection (a)(1) includes— 

(1) suspension of liquidation of the entry of any textile 

or apparel good exported or produced by the person that is 

the subject of a verification under subsection (a)(1) regarding 

compliance described in subsection (a)(2)(A), in a case in which 

the request for verification was based on a reasonable suspicion 

of unlawful activity related to such goods; and 

(2) suspension of liquidation of the entry of a textile or 

apparel good for which a claim has been made that is the 

subject of a verification under subsection (a)(1) regarding a 

claim described in subsection (a)(2)(B). 

(c) ACTION WHEN INFORMATION IS INSUFFICIENT.—If the Secretary of the Treasury determines that the information obtained 

within 12 months after making a request for a verification under 

subsection (a)(1) is insufficient to make a determination under 

subsection (a)(2), the President may direct the Secretary to take 

appropriate action described in subsection (d) until such time as 

the Secretary receives information sufficient to make a determination under subsection (a)(2) or until such earlier date as the President may direct. 

(d) APPROPRIATE ACTION DESCRIBED.—Appropriate action 

referred to in subsection (c) includes— 

(1) publication of the name and address of the person 

that is the subject of the verification; 

(2) denial of preferential tariff treatment under the Agreement to— 

(A) any textile or apparel good exported or produced 

by the person that is the subject of a verification under 
H. R. 4759—23 

subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or 

(B) a textile or apparel good for which a claim has 

been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection 

(a)(2)(B); and 

(3) denial of entry into the United States of— 

(A) any textile or apparel good exported or produced 

by the person that is the subject of a verification under 

subsection (a)(1) regarding compliance described in subsection (a)(2)(A); or 

(B) a textile or apparel good for which a claim has 

been made that is the subject of a verification under subsection (a)(1) regarding a claim described in subsection 

(a)(2)(B). 

SEC. 207. REGULATIONS. 

The Secretary of the Treasury shall prescribe such regulations 

as may be necessary to carry out— 

(1) subsections (a) through (n) of section 203 and section 

204; 

(2) amendments to existing law made by the sections 

referred to in paragraph (1); and 

(3) proclamations issued under section 203(o). 

TITLE III—RELIEF FROM IMPORTS 

SEC. 301. DEFINITIONS. 

As used in this title: 

(1) AUSTRALIAN ARTICLE.—The term ‘‘Australian article’’ 

means an article that qualifies as an originating good under 

section 203(b) of this Act. 

(2) AUSTRALIAN TEXTILE OR APPAREL ARTICLE.—The term 

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

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

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

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

and 

(B) that is an Australian article. 

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

United States International Trade Commission. 

Subtitle A—Relief From Imports Benefiting 

From the Agreement 

SEC. 311. COMMENCING OF ACTION FOR RELIEF. 

(a) FILING OF PETITION.— 

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

subtitle for the purpose of adjusting to the obligations of the 

United States under the Agreement may be filed with the 

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

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

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

States Trade Representative. 
H. R. 4759—24 

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

this subsection may request that provisional relief be provided 

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

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

(3) CRITICAL CIRCUMSTANCES.—Any allegation that critical 

circumstances exist shall be included in the petition. 

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

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

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

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

provided for under the Agreement, an Australian article is being 

imported into the United States in such increased quantities, in 

absolute terms or relative to domestic production, and under such 

conditions that imports of the Australian article constitute a 

substantial cause of serious injury or threat thereof to the domestic 

industry producing an article that is like, or directly competitive 

with, the imported article. 

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

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

to any investigation initiated under subsection (b): 

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

(2) Subsection (c). 

(3) Subsection (d). 

(4) Subsection (i). 

(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation 

may be initiated under this section with respect to any Australian 

article if, after the date on which the Agreement enters into force, 

import relief has been provided with respect to that Australian 

article under this subtitle. 

SEC. 312. COMMISSION ACTION ON PETITION. 

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

critical circumstances have been alleged) after the date on which 

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

a petition, the Commission shall make the determination required 

under that section. 

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

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

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

applied with respect to determinations and findings made under 

this section as if such determinations and findings were made 

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

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

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

Commission to be an affirmative determination as provided for 

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

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

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

amount of import relief that is necessary to remedy or prevent 

the injury found by the Commission in the determination and 

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

adjustment to import competition. The import relief recommended 

by the Commission under this subsection shall be limited to that 

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

who voted in the affirmative under subsection (a) are eligible to 
H. R. 4759—25 

vote on the proposed action to remedy or prevent the injury found 

by the Commission. Members of the Commission who did not vote 

in the affirmative may submit, in the report required under subsection (d), separate views regarding what action, if any, should 

be taken to remedy or prevent the injury. 

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

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

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

shall submit to the President a report that includes— 

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

explanation of the basis for the determination; 

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

any findings and recommendations for import relief made under 

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

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

Commission regarding the determination and recommendation 

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

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

under subsection (d), the Commission shall promptly make public 

such report (with the exception of information which the Commission determines to be confidential) and shall cause a summary 

thereof to be published in the Federal Register. 

SEC. 313. PROVISION OF RELIEF. 

(a) IN GENERAL.—Not later than the date that is 30 days 

after the date on which the President receives the report of the 

Commission in which the Commission’s determination under section 

312(a) is affirmative, or which contains a determination under 

section 312(a) that the President considers to be affirmative under 

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

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

relief from imports of the article that is the subject of such determination to the extent that the President determines necessary 

to remedy or prevent the injury found by the Commission and 

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

adjustment to import competition. 

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

relief under this section if the President determines that the provision of the import relief will not provide greater economic and 

social benefits than costs. 

(c) NATURE OF RELIEF.— 

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

relief) that the President is authorized to provide under this 

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

(A) The suspension of any further reduction provided 

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

on such article. 

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

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

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

the HTS on like articles at the time the import relief 

is provided; or 

(ii) the column 1 general rate of duty imposed 

under the HTS on like articles on the day before the 

date on which the Agreement enters into force. 
H. R. 4759—26 

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

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

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

of— 

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

the HTS on like articles for the immediately preceding 

corresponding season; or 

(ii) the column 1 general rate of duty imposed 

under the HTS on like articles on the day before the 

date on which the Agreement enters into force. 

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

import relief is provided under this section is greater than 

1 year, the President shall provide for the progressive liberalization (described in article 9.2.7 of the Agreement) of such relief 

at regular intervals during the period in which the relief is 

in effect. 

(d) PERIOD OF RELIEF.— 

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

that the President provides under this section may not be 

in effect for more than 2 years. 

(2) EXTENSION.— 

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

President, after receiving an affirmative determination 

from the Commission under subparagraph (B), may extend 

the effective period of any import relief provided under 

this section if the President determines that— 

(i) the import relief continues to be necessary to 

remedy or prevent serious injury and to facilitate 

adjustment by the domestic industry to import competition; and 

(ii) there is evidence that the industry is making 

a positive adjustment to import competition. 

(B) ACTION BY COMMISSION.—(i) Upon a petition on 

behalf of the industry concerned that is filed with the 

Commission not earlier than the date which is 9 months, 

and not later than the date which is 6 months, before 

the date any action taken under subsection (a) is to terminate, the Commission shall conduct an investigation to 

determine whether action under this section continues to 

be necessary to remedy or prevent serious injury and 

whether there is evidence that the industry is making 

a positive adjustment to import competition. 

(ii) The Commission shall publish notice of the 

commencement of any proceeding under this subparagraph 

in the Federal Register and shall, within a reasonable 

time thereafter, hold a public hearing at which the Commission shall afford interested parties and consumers an opportunity to be present, to present evidence, and to respond 

to the presentations of other parties and consumers, and 

otherwise to be heard. 

(iii) The Commission shall transmit to the President 

a report on its investigation and determination under this 

subparagraph not later than 60 days before the action 

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

specifies a different date. 

(C) PERIOD OF IMPORT RELIEF.—Any import relief provided under this section, including any extensions thereof, 
H. R. 4759—27 

may not, in the aggregate, be in effect for more than 

4 years. 

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

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

(1) the rate of duty on that article after such termination 

and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule 

of the United States to Annex 2–B of the Agreement for the 

staged elimination of the tariff, would have been in effect 

1 year after the provision of relief under subsection (a); and 

(2) the rate of duty for that article after December 31 

of the year in which termination occurs shall be, at the discretion of the President, either— 

(A) the applicable NTR (MFN) rate of duty for that 

article set out in the Schedule of the United States to 

Annex 2–B of the Agreement; or 

(B) the rate of duty resulting from the elimination 

of the tariff in equal annual stages ending on the date 

set out in the Schedule of the United States to Annex 

2–B of the Agreement for the elimination of the tariff. 

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

provided under this section on any article that— 

(1) is subject to— 

(A) import relief under subtitle B; or 

(B) an assessment of additional duty under subsection 

(b), (c), or (d) of section 202; or 

(2) has been subject to import relief under this subtitle 

after the date on which the Agreement enters into force. 

SEC. 314. TERMINATION OF RELIEF AUTHORITY. 

(a) GENERAL RULE.—Subject to subsection (b), no import relief 

may be provided under this subtitle after the date that is 10 

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

(b) EXCEPTION.—If an article for which relief is provided under 

this subtitle is an article for which the period for tariff elimination, 

set out in the Schedule of the United States to Annex 2–B of 

the Agreement, is greater than 10 years, no relief under this subtitle 

may be provided for that article after the date on which such 

period ends. 

(c) PRESIDENTIAL DETERMINATION.—Import relief may be provided under this subtitle in the case of an Australian article after 

the date on which such relief would, but for this subsection, terminate under subsection (a) or (b), if the President determines that 

Australia has consented to such relief. 

SEC. 315. COMPENSATION AUTHORITY. 

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

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

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

title II of such Act. 

SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 

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

is amended in the first sentence— 

(1) by striking ‘‘and’’; and 

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

III of the United States-Australia Free Trade Agreement 

Implementation Act’’. 
H. R. 4759—28 

Subtitle B—Textile and Apparel Safeguard 

Measures 

SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 

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

of adjusting to the obligations of the United States under the 

Agreement may be filed with the President by an interested party. 

Upon the filing of a request, the President shall review the request 

to determine, from information presented in the request, whether 

to commence consideration of the request. 

(b) ALLEGATION OF CRITICAL CIRCUMSTANCES.—An interested 

party filing a request under this section may— 

(1) allege that critical circumstances exist such that delay 

in the provision of relief would cause damage that would be 

difficult to repair; and 

(2) based on such allegation, request that relief be provided 

on a provisional basis. 

(c) PUBLICATION OF REQUEST.—If the President determines that 

the request under subsection (a) provides the information necessary 

for the request to be considered, the President shall cause to be 

published in the Federal Register a notice of commencement of 

consideration of the request, and notice seeking public comments 

regarding the request. The notice shall include a summary of the 

request and the dates by which comments and rebuttals must 

be received. 

SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 

(a) DETERMINATION.— 

(1) IN GENERAL.—If a positive determination is made under 

section 321(c), the President shall determine whether, as a 

result of the reduction or elimination of a duty under the 

Agreement, an Australian textile or apparel article is being 

imported into the United States in such increased quantities, 

in absolute terms or relative to the domestic market for that 

article, and under such conditions as to cause serious damage, 

or actual threat thereof, to a domestic industry producing an 

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

article. 

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

paragraph (1), the President— 

(A) shall examine the effect of increased imports on 

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

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

employment, domestic prices, profits, and investment, none 

of which is necessarily decisive; and 

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

of serious damage or actual threat thereof. 

(b) PROVISION OF RELIEF.— (1) IN GENERAL.—If a determination under subsection (a) 

is affirmative, the President may provide relief from imports 

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

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

determines necessary to remedy or prevent the serious damage 
H. R. 4759—29 

and to facilitate adjustment by the domestic industry to import 

competition. 

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

authorized to provide under this subsection with respect to 

imports of an article is an increase in the rate of duty imposed 

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

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

the HTS on like articles at the time the import relief 

is provided; or 

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

the HTS on like articles on the day before the date on 

which the Agreement enters into force. 

(c) CRITICAL CIRCUMSTANCES.— 

(1) PRESIDENTIAL DETERMINATION.—When a request filed 

under section 321(a) contains an allegation of critical circumstances and a request for provisional relief under section 

321(b), the President shall, not later than 60 days after the 

request is filed, determine, on the basis of available information, 

whether— 

(A) there is clear evidence that— 

(i) imports from Australia have increased as the 

result of the reduction or elimination of a customs 

duty under the Agreement; and 

(ii) such imports are causing serious damage, or 

actual threat thereof, to the domestic industry producing an article like or directly competitive with the 

imported article; and 

(B) delay in taking action under this subtitle would 

cause damage to that industry that would be difficult to 

repair. 

(2) EXTENT OF PROVISIONAL RELIEF.—If the determinations 

under subparagraphs (A) and (B) of paragraph (1) are affirmative, the President shall determine the extent of provisional 

relief that is necessary to remedy or prevent the serious damage. The nature of the provisional relief available shall be 

the relief described in subsection (b)(2). Within 30 days after 

making affirmative determinations under subparagraphs (A) 

and (B) of paragraph (1), the President, if the President considers provisional relief to be warranted, shall provide, for 

a period not to exceed 200 days, such provisional relief that 

the President considers necessary to remedy or prevent the 

serious damage. 

(3) SUSPENSION OF LIQUIDATION.—If provisional relief is 

provided under paragraph (2), the President shall order the 

suspension of liquidation of all imported articles subject to 

the affirmative determinations under subparagraphs (A) and 

(B) of paragraph (1) that are entered, or withdrawn from warehouse for consumption, on or after the date of the determinations. 

(4) TERMINATION OF PROVISIONAL RELIEF.— 

(A) IN GENERAL.—Any provisional relief implemented 

under this subsection with respect to an imported article 

shall terminate on the day on which— 

(i) the President makes a negative determination 

under subsection (a) regarding serious damage or 

actual threat thereof by imports of such article; 
H. R. 4759—30 

(ii) action described in subsection (b) takes effect 

with respect to such article; 

(iii) a decision by the President not to take any 

action under subsection (b) with respect to such article 

becomes final; or 

(iv) the President determines that, because of 

changed circumstances, such relief is no longer warranted. 

(B) SUSPENSION OF LIQUIDATION.—Any suspension of 

liquidation ordered under paragraph (3) with respect to 

an imported article shall terminate on the day on which 

provisional relief is terminated under subparagraph (A) 

with respect to the article. 

(C) RATES OF DUTY.—If an increase in, or the imposition of, a duty that is provided under subsection (b) on 

an imported article is different from a duty increase or 

imposition that was provided for such an article under 

this subsection, then the entry of any such article for 

which liquidation was suspended under paragraph (3) shall 

be liquidated at whichever of such rates of duty is lower. 

(D) RATE OF DUTY IF PROVISIONAL RELIEF.—If provisional relief is provided under this subsection with respect 

to an imported article and neither a duty increase nor 

a duty imposition is provided under subsection (b) for such 

article, the entry of any such article for which liquidation 

was suspended under paragraph (3) shall be liquidated 

at the rate of duty that applied before the provisional 

relief was provided. 

SEC. 323. PERIOD OF RELIEF. 

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

that the President provides under subsections (b) and (c) of section 

322 may not, in the aggregate, be in effect for more than 2 years. 

(b) EXTENSION.— 

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

may extend the effective period of any import relief provided 

under this subtitle for a period of not more than 2 years, 

if the President determines that— 

(A) the import relief continues to be necessary to 

remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and 

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

positive adjustment to import competition. 

(2) LIMITATION.—Any relief provided under this subtitle, 

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

be in effect for more than 4 years. 

SEC. 324. ARTICLES EXEMPT FROM RELIEF. 

The President may not provide import relief under this subtitle 

with respect to any article if— 

(1) import relief previously has been provided under this 

subtitle with respect to that article; or 

(2) the article is subject to import relief under— 

(A) subtitle A; or 

(B) chapter 1 of title II of the Trade Act of 1974 

(19 U.S.C. 2251 et seq.). 
H. R. 4759—31 

SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. 

When import relief under this subtitle is terminated with 

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

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

of such relief, on the date the relief terminates. 

SEC. 326. TERMINATION OF RELIEF AUTHORITY. 

No import relief may be provided under this subtitle with 

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

date on which duties on the article are eliminated pursuant to 

the Agreement. 

SEC. 327. COMPENSATION AUTHORITY. 

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

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

this subtitle shall be treated as action taken under chapter 1 

of title II of such Act. 

SEC. 328. BUSINESS CONFIDENTIAL INFORMATION. 

The President may not release information which is submitted 

in a proceeding under this subtitle and which the President considers to be confidential business information unless the party 

submitting the confidential business information had notice, at 

the time of submission, that such information would be released, 

or such party subsequently consents to the release of the information. To the extent a party submits confidential business information 

to the President in a proceeding under this subtitle, the party 

also shall submit a nonconfidential version of the information, in 

which the confidential business information is summarized or, if 

necessary, deleted. 

Subtitle C—Cases Under Title II of the 

Trade Act of 1974 

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

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

chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 

et seq.), the Commission makes an affirmative determination (or 

a determination which the President may treat as an affirmative 

determination under such chapter by reason of section 330(d) of 

the Tariff Act of 1930), the Commission shall also find (and report 

to the President at the time such injury determination is submitted 

to the President) whether imports of the article from Australia 

are a substantial cause of serious injury or threat thereof. 

(b) PRESIDENTIAL DETERMINATION REGARDING AUSTRALIAN

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

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

President shall determine whether imports from Australia are a 

substantial cause of the serious injury or threat thereof found 

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

may exclude from such action imports from Australia. 
H. R. 4759—32 

TITLE IV—PROCUREMENT 

SEC. 401. ELIGIBLE PRODUCTS. 

Section 308(4)(A) of the Trade Agreements Act of 1979 (19 

U.S.C. 2518(4)(A)) is amended— 

(1) by striking ‘‘or’’ at the end of clause (i); 

(2) by striking the period at the end of clause (ii) and 

inserting ‘‘; or’’; and 

(3) by adding at the end the following new clause: 

‘‘(iii) a party to a free trade agreement that entered 

into force with respect to the United States after 

December 31, 2003, and before January 2, 2005, a 

product or service of that country or instrumentality 

which is covered under the free trade agreement for 

procurement by the United States.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.