H. R. 3450—51
SEC. 312. PRESIDENTIAL ACTION REGARDING NAFTA IMPORTS.
(a) IN GENERAL.—In determining whether to take action under
chapter 1 of title II of the Trade Act of 1974 with respect to
imports from a NAFTA country, the President shall determine
whether—
(1) imports from such country, considered individually,
account for a substantial share of total imports; or
(2) imports from a NAFTA country, considered individually,
or in exceptional circumstances imports from NAFTA countries
considered collectively, contribute importantly to the serious
injury, or threat thereof, found by the International Trade
Commission.
(b) EXCLUSION OF NAFTA 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 exclude from such action
imports from a NAFTA country if the President makes a negative
determination under subsection (a) (1) or (2) with respect to imports
from such country.
(c) ACTION AFTER EXCLUSION OF NAFTA COUNTRY IMPORTS.—
(1) IN GENERAL.—If the President, under subsection (b),
excludes imports from a NAFTA country or countries from
action under chapter 1 of title II of the Trade Act of 1974
but thereafter determines that a surge in imports from that
country or countries is undermining the effectiveness of the
action—
(A) the President may take appropriate action under
such chapter 1 to include those imports in the action;
and
(B) any entity that is representative of an industry
for which such action is being taken may request the
International Trade Commission to conduct an investiga-
tion of the surge in such imports.
(2) INVESTIGATION.—Upon receiving a request under para-
graph (1)(B), the International Trade Commission shall conduct
an investigation to determine whether a surge in such imports
undermines the effectiveness of the action. The International
Trade Commission shall submit the findings of its investigation
to the President no later than 30 days after the request is
received by the International Trade Commission.
(3) DEFINITION.—For purposes of this subsection, the term
‘‘surge’’ means a significant increase in imports over the trend
for a recent representative base period.
(d) CONDITION APPLICABLE TO QUANTITATIVE RESTRICTIONS.—
Any action taken under this section proclaiming a quantitative
restriction shall permit the importation of a quantity or value
of the article which is not less than the quantity or value of
such article imported into the United States during the most recent
period that is representative of imports of such article, with allow-
ance for reasonable growth.
PART 3—GENERAL PROVISIONS
SEC. 315. PROVISIONAL RELIEF.
Section 202(d) of the Trade Act of 1974 (19 U.S.C. 2252(d))
is amended—
(1) in paragraph (1)(A) by inserting ‘‘or citrus product’’
after ‘‘agricultural product’’ each place it appears;
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00051
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06
H. R. 3450—52
(2) in the text of paragraph (1)(C) that appears before
subclauses (I) and (II)—
(A) by inserting ‘‘or citrus product’’ after ‘‘agricultural
product’’ each place it appears, and
(B) by inserting ‘‘or citrus product’’ after ‘‘perishable
product’’;
(3) by redesignating subparagraphs (A) and (B) of para-
graph (5) as subparagraphs (B) and (C); and
(4) by inserting a new subparagraph (A) in paragraph
(5) to read as follows:
‘‘(A) The term ‘citrus product’ means any processed
oranges or grapefruit, or any orange or grapefruit juice,
including concentrate.’’.
SEC. 316. MONITORING.
For purposes of expediting an investigation concerning provi-
sional relief under this subtitle or section 202 of the Trade Act
of 1974 regarding—
(1) fresh or chilled tomatoes provided for in subheading
0702.00.00 of the HTS; and
(2) fresh or chilled peppers, other than chili peppers pro-
vided for in subheading 0709.60.00 of the HTS;
the International Trade Commission, until January 1, 2009, shall
monitor imports of such goods as if proper requests for such monitor-
ing had been made under subsection 202(d)(1)(C)(i) of such section
202. At the request of the International Trade Commission, the
Secretary of Agriculture and the Commissioner of Customs shall
provide to the International Trade Commission information relevant
to the monitoring carried out under this section.
SEC. 317. PROCEDURES CONCERNING THE CONDUCT OF INTER-
NATIONAL TRADE COMMISSION INVESTIGATIONS.
(a) PROCEDURES AND RULES.—The International Trade Commis-
sion shall adopt such procedures and rules and regulations as
are necessary to bring its procedures into conformity with chapter
8 of the Agreement.
(b) CONFORMING AMENDMENT.—Section 202(a) of the Trade Act
of 1974 is amended by adding at the end thereof the following:
‘‘(8) The procedures concerning the release of confidential
business information set forth in section 332(g) of the Tariff
Act of 1930 shall apply with respect to information received
by the Commission in the course of investigations conducted
under this chapter and part 1 of title III of the North American
Free Trade Agreement Implementation Act.’’.
SEC. 318. EFFECTIVE DATE.
Except as provided in section 308(b), the provisions of this
subtitle take effect on the date the Agreement enters into force
with respect to the United States.
Subtitle B—Agriculture
SEC. 321. AGRICULTURE.
(a) MEAT IMPORT ACT OF 1979.—The Meat Import Act of 1979
(19 U.S.C. 2253 note) is amended—
(1) in subsection (b)—
(A) by striking the last sentence in paragraph (2),
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00052
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06
H. R. 3450—53
(B) by redesignating paragraph (3) as paragraph (4)
and inserting after paragraph (2) the following new para-
graph:
‘‘(3) The term ‘meat articles’ does not include any article
described in paragraph (2) that—
‘‘(A) originates in a NAFTA country (as determined
in accordance with section 202 of the NAFTA Act), or
‘‘(B) originates in Canada (as determined in accordance
with section 202 of the United States-Canada Free-Trade
Agreement Implementation Act of 1988) during such time
as the United States-Canada Free-Trade Agreement is in
force with respect to, and the United States applies such
Agreement to, Canada.’’; and
(C) by inserting after paragraph (4) (as redesignated
by subparagraph (B) of this paragraph) the following new
paragraphs:
‘‘(5) The term ‘NAFTA Act’ means the North American
Free Trade Agreement Implementation Act.
‘‘(6) The term ‘NAFTA country’ has the meaning given
such term in section 2(4) of the NAFTA Act.’’;
(2) in subsection (f)(1), by striking the end period and
inserting ‘‘, except that the President may exclude any such
article originating in a NAFTA country (as determined in
accordance with section 202 of the NAFTA Act) or, if paragraph
(3)(B) applies, any such article originating in Canada as deter-
mined in accordance with such paragraph (3)(B).’’; and
(3) in subsection (i), by inserting ‘‘and Mexico’’ after ‘‘Can-
ada’’ each place it appears.
(b) SECTION 22 OF
THE AGRICULTURAL ADJUSTMENT ACT.—
(1) IN GENERAL.—The President may, pursuant to article
309 and Annex 703.2 of the Agreement, exempt from any quan-
titative limitation or fee imposed pursuant to section 22 of
the Agricultural Adjustment Act (7 U.S.C. 624), reenacted with
amendments by the Agricultural Marketing Agreement Act of
1937, any article which originates in Mexico, if Mexico is a
NAFTA country.
(2) QUALIFICATION
OF
ARTICLES.—The determination of
whether an article originates in Mexico shall be made in accord-
ance with section 202, except that operations performed in,
or materials obtained from, any country other than the United
States or Mexico shall be treated as if performed in or obtained
from a country other than a NAFTA country.
(c) TARIFF RATE QUOTAS.—In implementing the tariff rate
quotas set out in the United States Schedule to Annex 302.2 of
the Agreement, the President shall take such action as may be
necessary to ensure that imports of agricultural goods do not disrupt
the orderly marketing of commodities in the United States.
(d) PEANUTS.—
(1) EFFECT OF THE AGREEMENT.—
(A) IN GENERAL.—Nothing in the Agreement or this
Act reduces or eliminates—
(i) any penalty required under section 358e(d) of
the Agricultural Adjustment Act of 1938 (7 U.S.C.
1359a(d)); or
(ii) any requirement under Marketing Agreement
No. 146, Regulating the Quality of Domestically Pro-
duced Peanuts, on peanuts in the domestic market,
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00053
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06
H. R. 3450—54
pursuant to section 108B(f) of the Agricultural Act
of 1949 (7 U.S.C. 1445c–3(f)).
(B) REENTRY OF EXPORTED PEANUTS.—Paragraph (6)
of section 358e(d) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1359a(d)(6)) is amended to read as follows:
‘‘(6) REENTRY OF EXPORTED PEANUTS.—
‘‘(A) PENALTY.—If any additional peanuts exported by
a handler are reentered into the United States in commer-
cial quantities as determined by the Secretary, the importer
of the peanuts shall be subject to a penalty at a rate
equal to 140 percent of the loan level for quota peanuts
on the quantity of peanuts reentered.
‘‘(B) RECORDS.—Each person, firm, or handler who
imports peanuts into the United States shall maintain
such records and documents as are required by the Sec-
retary to ensure compliance with this subsection.’’.
(2) CONSULTATIONS ON IMPORTS.—It is the sense of Con-
gress that the United States should request consultations in
the Working Group on Emergency Action, established in the
Understanding Between the Parties to the North American
Free Trade Agreement Concerning Chapter Eight—Emergency
Action, if imports of peanuts exceed the in-quota quantity under
a tariff rate quota set out in the United States Schedule to
Annex 302.2 of the Agreement concerning whether—
(A) the increased imports of peanuts constitute a
substantial cause of, or contribute importantly to, serious
injury, or threat of serious injury, to the domestic peanut
industry; and
(B) recourse under Chapter Eight of the Agreement
or Article XIX of the General Agreement on Tariffs and
Trade is appropriate.
(e) FRESH FRUITS, VEGETABLES, AND CUT FLOWERS.—
(1) IN GENERAL.—The Secretary of Agriculture shall collect
and compile the information specified under paragraph (3),
if reasonably available, from appropriate Federal departments
and agencies and the relevant counterpart ministries of the
Government of Mexico.
(2) DESIGNATION OF AN OFFICE.—The Secretary of Agri-
culture shall designate an office within the United States
Department of Agriculture to be responsible for maintaining
and disseminating, in a timely manner, the data accumulated
for verifying citrus, fruit, vegetable, and cut flower trade
between the United States and Mexico. The information shall
be made available to the public and the NAFTA Agriculture
Committee Working Groups.
(3) INFORMATION COLLECTED.—The information to be col-
lected, if reasonably available, includes—
(A) monthly fresh fruit, fresh vegetable, fresh citrus,
and processed citrus product import and export data;
(B) monthly citrus juice production and export data;
(C) data on inspections of shipments of citrus, vegeta-
bles, and cut flowers entering the United States from Mex-
ico; and
(D) in the case of fruits, vegetables, and cut flowers
entering the United States from Mexico, data regarding—
(i) planted and harvested acreage; and
(ii) wholesale prices, quality, and grades.
19:12 Nov 30, 1993
VerDate 16-NOV-93
Jkt 059200
PO 00000
Frm 00054
Fmt 6655
Sfmt 6501
E:\BILLS\H3450.ENR
bend06