to or deductions from the final appraised value
as may be necessary by reason of change in
condition, and
‘‘(B) duty shall be paid on the merchan-
dise before the 61st day after the date of expor-
tation, but upon the presentation, before such
61st day, of satisfactory evidence of the amount
of any customs duties paid to the NAFTA
country on the merchandise, the customs duty
may be waived or reduced (subject to section
508(b)(2)(B)) in an amount that does not ex-
ceed the lesser of—
‘‘(i) the total amount of customs du-
ties paid or owed on the merchandise on
importation into the United States, or
‘‘(ii) the total amount of customs du-
ties paid on the merchandise to the
NAFTA country;
‘‘(3) without payment of duties for exportation
to any foreign country other than to a NAFTA
country or to Canada when exports to that country
are subject to paragraph (4);
‘‘(4) without payment of duties for exportation
to Canada (if that country ceases to be a NAFTA
country and the suspension of the operation of the
United States-Canada Free-Trade Agreement there-
after terminates), but the exemption from the pay-
ment of duties under this paragraph applies only in
the case of an exportation during the period such
Agreement is in operation of merchandise that—
‘‘(A) is only cleaned, sorted, or repacked in
a bonded warehouse, or
‘‘(B) is a drawback eligible good under sec-
tion 204(a) of the United States-Canada Free-
Trade Agreement Implementation Act of 1988;
and
‘‘(5) without payment of duties for shipment to
the Virgin Islands, American Samoa, Wake Island,
Midway Island, Kingman Reef, Johnston Island or
the island of Guam.’’; and
(B) in the third sentence by striking out
‘‘paragraph (1) of the preceding sentence’’ and
inserting ‘‘paragraph (4) of the preceding sen-
tence’’.
(5) FOREIGN TRADE ZONES.—Section 3(a) of
the Act of June 18, 1934 (commonly known as the
‘‘Foreign Trade Zones Act’’; 19 U.S.C. 81c(a)) is
amended—
(A) in the last proviso—
(i) by inserting after ‘‘That’’ the fol-
lowing: ‘‘, if Canada ceases to be a
NAFTA country and the suspension of the
operation of the United States-Canada
Free-Trade Agreement thereafter termi-
nates,’’; and
(ii) by striking out ‘‘on or after Janu-
ary 1, 1994, or such later date as may be
proclaimed by the President under section
204(b)(2)(B) of such Act of 1988,’’ and
inserting ‘‘during the period such Agree-
ment is in operation’’; and
(B) by inserting before such last proviso
the following new proviso: ‘‘: Provided, further,
That no merchandise that consists of goods
subject to NAFTA drawback, as defined in sec-
tion 203(a) of the North American Free Trade
Agreement Implementation Act, that is manu-
factured or otherwise changed in condition shall
be exported to a NAFTA country, as defined in
section 2(4) of that Act, without an assessment
of a duty on the merchandise in its condition
and quantity, and at its weight, at the time of
its exportation (or if the privilege in the first
proviso to this subsection was requested, an as-
sessment of a duty on the merchandise in its
condition and quantity, and at its weight, at the
time of its admission into the zone) and the
payment of the assessed duty before the 61st
day after the date of exportation of the article,
except that upon the presentation, before such
61st day, of satisfactory evidence of the amount
of any customs duties paid or owed to the
NAFTA country on the article, the customs
duty may be waived or reduced (subject to sec-
tion 508(b)(2)(B) of the Tariff Act of 1930) in
an amount that does not exceed the lesser of
(1) the total amount of customs duties paid or
owed on the merchandise on importation into
the United States, or (2) the total amount of
customs duties paid on the article to the
NAFTA country:’’.
(c) CONSEQUENTIAL AMENDMENT WITH IMMEDIATE
EFFECT.—Section 313(j) of the Tariff Act of 1930 (19
U.S.C. 1313(j)) is amended—
(1) by striking out ‘‘If’’ in paragraph (2) and
inserting ‘‘Subject to paragraph (4), if’’; and
(2) by adding at the end the following new
paragraph:
‘‘(4) Effective upon the entry into force of the
North American Free Trade Agreement, the expor-
tation to a NAFTA country, as defined in section
2(4) of the North American Free Trade Agreement
Implementation Act, of merchandise that is fungible
with and substituted for imported merchandise,
other than merchandise described in paragraphs (1)
through (8) of section 203(a) of that Act, shall not
constitute an exportation for purposes of paragraph
(2).’’.
(d) ELIMINATION OF DRAWBACK FOR SECTION 22
FEES.—Notwithstanding any other provision of law, the
Secretary of the Treasury may not, on condition of export,
refund or reduce a fee applied pursuant to section 22 of
the Agricultural Adjustment Act (7 U.S.C. 624) with re-
spect to goods included under subsection (a) that are ex-
ported to—
(1) Canada after December 31, 1995, for so
long as it is a NAFTA country; or
(2) Mexico after December 31, 2000, for so
long as it is a NAFTA country.
(e) INAPPLICABILITY
TO
COUNTERVAILING
AND
ANTIDUMPING DUTIES.—Nothing in this section or the
amendments made by it shall be considered to authorize
the refund, waiver, or reduction of countervailing duties
or antidumping duties imposed on an imported good.
SEC. 204. CUSTOMS USER FEES.
Paragraph (10) of section 13031(b) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(10)) is amended to read as follows:
‘‘(10)(A) The fee charged under subsection (a)(9) or
(10) with respect to goods of Canadian origin (as deter-
mined under section 202 of the United States-Canada
Free-Trade Agreement) when the United States-Canada
Free-Trade Agreement is in force shall be in accordance
with section 403 of that Agreement.
‘‘(B) For goods qualifying under the rules of origin
set out in section 202 of the North American Free Trade
Agreement Implementation Act, the fee under subsection
(a)(9) or (10)—
‘‘(i) may not be charged with respect to goods
that qualify to be marked as goods of Canada pursu-
ant to Annex 311 of the North American Free
Trade Agreement, for such time as Canada is a
NAFTA country, as defined in section 2(4) of such
Implementation Act; and
‘‘(ii) may not be increased after December 31,
1993, and may not be charged after June 29, 1999,
with respect to goods that qualify to be marked as
For purposes of this subparagraph, the terms
‘indirect material,’ ‘material,’ ‘preferential tariff
treatment,’ ‘used,’ and ‘value’ have the respec-
tive meanings given them in articles 415 and
514 of the North American Free Trade Agree-
ment.
‘‘(B) The term ‘NAFTA Certificate of Ori-
gin’ means the certification, established under
article 501 of the North American Free Trade
Agreement, that a good qualifies as an originat-
ing good under such Agreement.
‘‘(2) EXPORTS TO NAFTA COUNTRIES.—
‘‘(A) IN GENERAL.—Any person who com-
pletes and signs a NAFTA Certificate of Origin
for a good for which preferential treatment
under the North American Free Trade Agree-
ment is claimed shall make, keep, and render
for examination and inspection all records relat-
ing to the origin of the good (including the Cer-
tificate or copies thereof) and the associated
records.
‘‘(B) CLAIMS FOR CERTAIN WAIVERS, RE-
DUCTIONS, OR REFUNDS OF DUTIES OR FOR
CREDIT AGAINST BONDS.—
‘‘(i) IN GENERAL.—Any person that
claims with respect to an article—
‘‘(I) a waiver or reduction of
duty under the last paragraph of sec-
tion 311, section 312(b)(1) or (4),
section 562(2), or the last proviso to
section 3(a) of the Foreign Trade
Zones Act;
‘‘(II) a credit against a bond
under section 312(d); or
‘‘(III) a refund, waiver, or reduc-
tion of duty under section 313(n)(2)
or (o)(1);
must disclose to the Customs Service the
information described in clause (ii).
‘‘(ii) 
INFORMATION
REQUIRED.—
Within 30 days after making a claim de-
scribed in clause (i) with respect to an ar-
ticle, the person making the claim must
disclose to the Customs Service whether
that person has prepared, or has knowl-
edge that another person has prepared, a
NAFTA Certificate of Origin for the arti-
cle. If after such 30-day period the person
making the claim either—
‘‘(I) prepares a NAFTA Certifi-
cate of Origin for the article; or
‘‘(II) learns of the existence of
such a Certificate for the article;
that person, within 30 days after the oc-
currence described in subclause (I) or (II),
must disclose the occurrence to the Cus-
toms Service.
‘‘(iii) ACTION ON CLAIM.—If the Cus-
toms Service determines that a NAFTA
Certificate of Origin has been prepared
with respect to an article for which a claim
described in clause (i) is made, the Cus-
toms Service may make such adjustments
regarding the previous customs treatment
of the article as may be warranted.
‘‘(3) EXPORTS UNDER THE CANADIAN AGREE-
MENT.—Any person who exports, or who knowingly
causes to be exported, any merchandise to Canada
during such time as the United States-Canada Free-
Trade Agreement is in force with respect to, and the
United States applies that Agreement to, Canada
shall make, keep, and render for examination and
inspection such records (including certifications of
origin or copies thereof) which pertain to the expor-
tations.’’.
(2) Subsection (c) is amended to read as fol-
lows:
‘‘(c) PERIOD OF TIME.—The records required by sub-
sections (a) and (b) shall be kept for such periods of time
as the Secretary shall prescribe; except that—
‘‘(1) no period of time for the retention of the
records required under subsection (a) or (b)(3) may
exceed 5 years from the date of entry or exportation,
as appropriate;
‘‘(2) the period of time for the retention of the
records required under subsection (b)(2) shall be at
least 5 years from the date of signature of the
NAFTA Certificate of Origin; and
‘‘(3) records for any drawback claim shall be
kept until the 3rd anniversary of the date of pay-
ment of the claim.’’.
(3) Subsection (e) is amended to read as fol-
lows:
‘‘(e) SUBSECTION (b) PENALTIES.—
‘‘(1) RELATING TO NAFTA EXPORTS.—Any per-
son who fails to retain records required by para-
graph (2) of subsection (b) or the regulations issued
to implement that paragraph shall be liable for—
100
‘‘(A) a civil penalty not to exceed $10,000;
or
‘‘(B) the general recordkeeping penalty
that applies under the customs laws;
whichever penalty is higher.
‘‘(2) RELATING TO CANADIAN AGREEMENT EX-
PORTS.—Any person who fails to retain the records
required by paragraph (3) of subsection (b) or the
regulations issued to implement that paragraph shall
be liable for a civil penalty not to exceed $10,000.’’.
(b) 
CONFORMING
AMENDMENT.—Section
509(a)(2)(A)(ii) of the Tariff Act of 1930 (19 U.S.C.
1509(a)(2)(A)(ii)) is amended to read as follows:
‘‘(ii) exported merchandise, or know-
ingly caused merchandise to be exported,
to a NAFTA country (as defined in section
2(4) of the North American Free Trade
Agreement Implementation Act) or to Can-
ada during such time as the United States-
Canada Free-Trade Agreement is in force
with respect to, and the United States ap-
plies that Agreement to, Canada,’’.
(c) DISCLOSURE
OF INCORRECT INFORMATION.—
Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592)
is amended—
101
(1) in subsection (c)—
(A) by redesignating paragraph (5) as
paragraph (6); and
(B) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) PRIOR
DISCLOSURE
REGARDING
NAFTA
CLAIMS.—An importer shall not be subject to pen-
alties under subsection (a) for making an incorrect
claim for preferential tariff treatment under section
202 of the North American Free Trade Agreement
Implementation Act if the importer—
‘‘(A) has reason to believe that the
NAFTA Certificate of Origin (as defined in sec-
tion 508(b)(1)) on which the claim was based
contains incorrect information; and
‘‘(B) in accordance with regulations issued
by the Secretary, voluntarily and promptly
makes a corrected declaration and pays any du-
ties owing.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) FALSE CERTIFICATIONS REGARDING EXPORTS
TO NAFTA COUNTRIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (3),
it is unlawful for any person to certify falsely, by
102
fraud, gross negligence, or negligence, in a NAFTA
Certificate 
of 
Origin 
(as 
defined 
in 
section
508(b)(1)) that a good to be exported to a NAFTA
country (as defined in section 2(4) of the North
American Free Trade Agreement Implementation
Act) qualifies under the rules of origin set out in
section 202 of that Act.
‘‘(2) APPLICABLE
PROVISIONS.—The proce-
dures and penalties of this section that apply to a
violation of subsection (a) also apply to a violation
of paragraph (1), except that—
‘‘(A) subsection (d) does not apply, and
‘‘(B) subsection (c)(5) applies only if the
person voluntarily and promptly provides, to all
persons to whom the person provided the
NAFTA Certificate of Origin, written notice of
the falsity of the Certificate.
‘‘(3) EXCEPTION.—A person may not be consid-
ered to have violated paragraph (1) if—
‘‘(A) the information was correct at the
time it was provided in a NAFTA Certificate of
Origin but was later rendered incorrect due to
a change in circumstances; and
‘‘(B) the person voluntarily and promptly
provides written notice of the change to all per-
103
sons to whom the person provided the Certifi-
cate of Origin.’’.
SEC. 206. RELIQUIDATION OF ENTRIES FOR NAFTA-ORIGIN
GOODS.
Section 520 of the Tariff Act of 1930 (19 U.S.C.
1520) is amended by adding at the end the following new
subsection:
‘‘(d) Notwithstanding the fact that a valid protest
was not filed, the Customs Service may, in accordance
with regulations prescribed by the Secretary, reliquidate
an entry to refund any excess duties paid on a good quali-
fying under the rules of origin set out in section 202 of
the North American Free Trade Agreement Implementa-
tion Act for which no claim for preferential tariff treat-
ment was made at the time of importation if the importer,
within 1 year after the date of importation, files, in ac-
cordance with those regulations, a claim that includes—
‘‘(1) a written declaration that the good quali-
fied under those rules at the time of importation;
‘‘(2) copies of all applicable NAFTA Certifi-
cates of Origin (as defined in section 508(b)(1));
and
‘‘(3) such other documentation relating to the
importation of the goods as the Customs Service
may require.’’.
104
SEC. 207. COUNTRY OF ORIGIN MARKING OF NAFTA GOODS.
(a) AMENDMENTS TO TARIFF ACT OF 1930.—Sec-
tion 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is
amended—
(1) in subsection (c)(1), by striking ‘‘or engrav-
ing’’ and inserting ‘‘engraving, or continuous paint
stenciling’’;
(2) in subsection (c)(2)—
(A) by striking ‘‘four’’ and inserting
‘‘five’’; and
(B) by striking ‘‘such as paint stenciling’’;
(3) in subsection (e), by striking ‘‘or engraving’’
and inserting ‘‘engraving, or an equally permanent
method of marking’’;
(4) by redesignating subsection (h) as sub-
section (i); and
(5) by inserting after subsection (g) the follow-
ing new subsection:
‘‘(h) TREATMENT OF GOODS OF A NAFTA COUN-
TRY.—
‘‘(1) APPLICATION OF SECTION.—In applying
this section to an article that qualifies as a good of
a NAFTA country (as defined in section 2(4) of the
North American Free Trade Agreement Implemen-
tation Act) under the regulations issued by the Sec-
105
retary to implement Annex 311 of the North Amer-
ican Free Trade Agreement—
‘‘(A) the exemption under subsection
(a)(3)(H) shall be applied by substituting ‘rea-
sonably know’ for ‘necessarily know’;
‘‘(B) the Secretary shall exempt the good
from the requirements for marking under sub-
section (a) if the good—
‘‘(i) is an original work of art, or
‘‘(ii) is provided for under subheading
6904.10, heading 8541, or heading 8542
of the Harmonized Tariff Schedule of the
United States; and
‘‘(C) subsection (b) does not apply to the
usual container of any good described in sub-
section (a)(3)(E) or (I) or subparagraph (B)(i)
or (ii) of this paragraph.
‘‘(2) PETITION RIGHTS OF NAFTA EXPORTERS
AND PRODUCERS REGARDING MARKING DETERMINA-
TIONS.—
‘‘(A) DEFINITIONS.—For purposes of this
paragraph:
‘‘(i) The term ‘adverse marking deci-
sion’ means a determination by the Cus-
toms Service which an exporter or pro-
106
ducer of merchandise believes to be con-
trary to Annex 311 of the North American
Free Trade Agreement.
‘‘(ii) A person may not be treated as
the exporter or producer of merchandise
regarding which an adverse marking deci-
sion was made unless such person—
‘‘(I) if claiming to be the ex-
porter, is located in a NAFTA coun-
try and is required to maintain
records in that country regarding ex-
portations to NAFTA countries; or
‘‘(II) if claiming to be the pro-
ducer, grows, mines, harvests, fishes,
traps, hunts, manufactures, processes,
or assembles such merchandise in a
NAFTA country.
‘‘(B) INTERVENTION
OR
PETITION
RE-
GARDING
ADVERSE
MARKING
DECISIONS.—If
the Customs Service makes an adverse marking
decision regarding any merchandise, the Cus-
toms Service shall, upon written request by the
exporter or producer of the merchandise, pro-
vide to the exporter or producer a statement of
the basis for the decision. If the exporter or
107
producer believes that the decision is not cor-
rect, it may intervene in any protest proceeding
initiated by the importer of the merchandise. If
the importer does not file a protest with regard
to the decision, the exporter or producer may
file a petition with the Customs Service setting
forth—
‘‘(i) a description of the merchandise;
and
‘‘(ii) the basis for its claim that the
merchandise should be marked as a good
of a NAFTA country.
‘‘(C) EFFECT
OF
DETERMINATION
RE-
GARDING DECISION.—If, after receipt and con-
sideration of a petition filed by an exporter or
producer under subparagraph (B), the Customs
Service determines that the adverse marking
decision—
‘‘(i) is not correct, the Customs Serv-
ice shall notify the petitioner of the deter-
mination and all merchandise entered, or
withdrawn from warehouse for consump-
tion, more than 30 days after the date that
notice of the determination under this
clause is published in the weekly Custom
108
Bulletin shall be marked in conformity
with the determination; or
‘‘(ii) is correct, the Customs Service
shall notify the petitioner that the petition
is denied.
‘‘(D) JUDICIAL REVIEW.—For purposes of
judicial review, the denial of a petition under
subparagraph (C)(ii) shall be treated as if it
were a denial of a petition of an interested
party under section 516 regarding an issue
arising under any of the preceding provisions of
this section.’’.
(b) COORDINATION WITH 1988 ACT REGARDING
CERTAIN ARTICLES.—Articles that qualify as goods of a
NAFTA country under regulations issued by the Secretary
in accordance with Annex 311 of the Agreement are ex-
empt from the marking requirements promulgated by the
Secretary of the Treasury under section 1907(c) of the
Omnibus Trade and Competitiveness Act of 1988 (Public
Law 100–418), but are subject to the requirements of sec-
tion 304 of the Tariff Act of 1930 (19 U.S.C. 1304).
SEC. 208. PROTESTS AGAINST ADVERSE ORIGIN DETER-
MINATIONS.
Section 514 of the Tariff Act of 1930 (19 U.S.C.
1514) is amended—
109
(1) in subsection (c)(1) by inserting ‘‘, or with
respect to a determination of origin under section
202 of the North American Free Trade Agreement
Implementation Act,’’ after ‘‘with respect to any one
category of merchandise’’ in the fourth sentence;
(2) in subsection (c)(2)—
(A) by striking out ‘‘or’’ at the end of sub-
paragraph (D);
(B) by redesignating subparagraph (E) as
subparagraph (F);
(C) by inserting after subparagraph (D)
the following new subparagraph:
‘‘(E) with respect to a determination of or-
igin under section 202 of the North American
Free Trade Agreement Implementation Act,
any exporter or producer of the merchandise
subject to that determination, if the exporter or
producer completed and signed a NAFTA Cer-
tificate of Origin covering the merchandise; or’’;
and
(D) by striking ‘‘clauses (A) through (D)’’
in subparagraph (F) (as redesignated by sub-
paragraph (B)), and inserting ‘‘clauses (A)
through (E)’’; and
110
(3) by adding at the end the following new sub-
sections:
‘‘(e) ADVANCE NOTICE OF CERTAIN DETERMINA-
TIONS.—Except as provided in subsection (f), an exporter
or producer referred to in subsection (c)(2)(E) shall be
provided notice in advance of an adverse determination of
origin under section 202 of the North American Free
Trade Agreement Implementation Act. The Secretary
may, by regulations, prescribe the time period in which
such advance notice shall be issued and authorize the Cus-
toms Service to provide in the notice the entry number
and any other entry information considered necessary to
allow the exporter or producer to exercise the rights pro-
vided by this section.
‘‘(f) DENIAL
OF PREFERENTIAL TREATMENT.—If
the Customs Service finds indications of a pattern of con-
duct by an exporter or producer of false or unsupported
representations that goods qualify under the rules of ori-
gin set out in section 202 of the North American Free
Trade Agreement Implementation Act—
‘‘(1) the Customs Service, in accordance with
regulations issued by the Secretary, may deny pref-
erential tariff treatment to entries of identical goods
exported or produced by that person; and
111
‘‘(2) the advance notice requirement in sub-
section (e) shall not apply to that person;
until the person establishes to the satisfaction of the Cus-
toms Service that its representations are in conformity
with section 202.’’.
SEC. 209. EXCHANGE OF INFORMATION.
Section 628 of the Tariff Act of 1930 (19 U.S.C.
1628) is amended by adding at the end the following new
subsection:
‘‘(c) The Secretary may authorize the Customs Serv-
ice to exchange information with any government agency
of a NAFTA country, as defined in section 2(4) of the
North American Free Trade Agreement Implementation
Act, if the Secretary—
‘‘(1) reasonably believes the exchange of infor-
mation is necessary to implement chapter 3, 4, or 5
of the North American Free Trade Agreement, and
‘‘(2) obtains assurances from such country that
the information will be held in confidence and used
only for governmental purposes.’’.
SEC. 210. PROHIBITION ON DRAWBACK FOR TELEVISION
PICTURE TUBES.
Notwithstanding any other provision of law, no cus-
toms duties may be refunded, waived, or reduced on color
cathode-ray television picture tubes, including video mon-
112
itor cathode-ray tubes (provided for in subheading
8540.11.00 of the HTS), that are nonoriginating goods
under section 202(p)(19) and are—
(A) exported to a NAFTA country;
(B) used as a material in the production of
other goods that are exported to a NAFTA country;
or
(C) substituted for by goods of the same kind
and quality used as a material in the production of
other goods that are exported to a NAFTA country.
SEC. 211. MONITORING OF TELEVISION AND PICTURE TUBE
IMPORTS.
(a) MONITORING.—Beginning on the date the Agree-
ment enters into force with respect to the United States,
the United States Customs Service shall, for a period of
5 years, monitor imports into the United States of articles
described in subheading 8528.10 of the HTS from
NAFTA countries and shall take action to exercise all
rights of the United States under chapter 5 of the Agree-
ment with respect to such imports. The United States
Customs Service shall take appropriate action under chap-
ter 5 of the Agreement with respect to such imports, in-
cluding verifications to ensure that the rules of origin
under the Agreement are fully complied with and that the
duty drawback obligations contained in article 303 and
113
Annex 303.8 of the Agreement are fully implemented and
duties are correctly assessed.
(b) REPORT
TO TRADE REPRESENTATIVE.—The
United States Customs Service shall make the results of
the monitoring and verification required by subsection (a)
available to the President and the Trade Representative.
If, based on such information, the President has reason
to believe that articles described in subheading 8540.11
of the HTS, intended for ultimate consumption in the
United States, are entering the territory of a NAFTA
country inconsistent with the provisions of the Agreement,
or have been undervalued in a manner that may raise con-
cerns under United States trade laws, the President shall
promptly take such action as may be appropriate under
all relevant provisions of the Agreement, including article
317 and chapter 20, and under applicable United States
trade statutes.
SEC. 212. TITLE VI AMENDMENTS.
Any amendment in this title to a law that is also
amended under title VI shall be made after the title VI
amendment is executed.
SEC. 213. EFFECTIVE DATES.
(a) PROVISIONS EFFECTIVE ON DATE OF ENACT-
MENT.—Section 212 and this section take effect on the
date of the enactment of this Act.
114
(b) PROVISIONS EFFECTIVE WHEN AGREEMENT EN-
TERS INTO FORCE.—Section 201, section 202, section
203(a), (d), and (e), section 210 and section 211, the
amendment made by section 203(c), and the amendments
made by sections 204 through 209 take effect on the date
the Agreement enters into force with respect to the United
States.
(c) 
PROVISIONS
WITH
DELAYED
EFFECTIVE
DATES.—The amendments made by section 203(b)
apply—
(1) with respect to exports from the United
States to Canada—
(A) on January 1, 1996, if Canada is a
NAFTA country on that date, and
(B) after such date for so long as Canada
continues to be a NAFTA country; and
(2) with respect to exports from the United
States to Mexico—
(A) on January 1, 2001, if Mexico is a
NAFTA country on that date; and
(B) after such date for so long as Mexico
continues to be a NAFTA country.
115
TITLE 
III—APPLICATION 
OF
AGREEMENT 
TO 
SECTORS
AND SERVICES
Subtitle A—Safeguards
PART 1—RELIEF FROM IMPORTS BENEFITING
FROM THE AGREEMENT
SEC. 301. DEFINITIONS.
As used in this part:
(1) CANADIAN ARTICLE.—The term ‘‘Canadian
article’’ means an article that—
(A) is an originating good under chapter 4
of the Agreement; and
(B) qualifies under the Agreement to be
marked as a good of Canada.
(2) MEXICAN
ARTICLE.—The term ‘‘Mexican
article’’ means an article that—
(A) is an originating good under chapter 4
of the Agreement; and
(B) qualifies under the Agreement to be
marked as a good of Mexico.
SEC. 302. COMMENCING OF ACTION FOR RELIEF.
(a) FILING OF PETITION.—
(1) IN GENERAL.—A petition requesting action
under this part for the purpose of adjusting to the
obligations of the United States under the Agree-
116
ment may be filed with the International Trade
Commission by an entity, including a trade associa-
tion, firm, certified or recognized union, or group of
workers, that is representative of an industry. The
International Trade Commission shall transmit a
copy of any petition filed under this subsection to
the Trade Representative.
(2) PROVISIONAL RELIEF.—An entity filing a
petition under this subsection may request that pro-
visional relief be provided as if the petition had been
filed under section 202(a) of the Trade Act of 1974.
(3) CRITICAL CIRCUMSTANCES.—An allegation
that critical circumstances exist must be included in
the petition or made on or before the 90th day after
the date on which the investigation is initiated under
subsection (b).
(b) INVESTIGATION
AND DETERMINATION.—Upon
the filing of a petition under subsection (a), the Inter-
national Trade 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, a Canadian article
or a Mexican article, as the case may be, is being imported
into the United States in such increased quantities (in ab-
117
solute terms) and under such conditions so that imports
of the article, alone, constitute a substantial cause of—
(1) serious injury; or
(2) except in the case of a Canadian article, a
threat of serious injury;
to the domestic industry producing an article that is like,
or directly competitive with, the imported article.
(c) APPLICABLE PROVISIONS.—The provisions of—
(1) paragraphs (1)(B), (3) (except subpara-
graph (A)), and (4) of subsection (b);
(2) subsection (c); and
(3) subsection (d),
of section 202 of the Trade Act of 1974 (19 U.S.C. 2252)
apply with respect to any investigation initiated under
subsection (b).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No
investigation may be initiated under this section with re-
spect to—
(1) any Canadian article or Mexican article if
import relief has been provided under this part with
respect to that article; or
(2) any textile or apparel article set out in Ap-
pendix 1.1 of Annex 300–B of the Agreement.
118
SEC. 303. INTERNATIONAL TRADE COMMISSION ACTION ON
PETITION.
(a) DETERMINATION.—By no later than 120 days
after the date on which an investigation is initiated under
section 302(b) with respect to a petition, the International
Trade Commission shall—
(1) make the determination required under that
section; and
(2) if the determination referred to in para-
graph (1) is affirmative and an allegation regarding
critical circumstances was made under section
302(a), make a determination regarding that allega-
tion.
(b) ADDITIONAL FINDING AND RECOMMENDATION IF
DETERMINATION AFFIRMATIVE.—If the determination
made by the International Trade Commission under sub-
section (a) with respect to imports of an article is affirma-
tive, the International Trade Commission shall find, and
recommend to the President in the report required under
subsection (c), the amount of import relief that is nec-
essary to remedy or, except in the case of imports of a
Canadian article, prevent the injury found by the Inter-
national Trade Commission in the determination. The im-
port relief recommended by the International Trade Com-
mission under this subsection shall be limited to that de-
scribed in section 304(c).
119
(c) REPORT TO PRESIDENT.—No later than the date
that is 30 days after the date on which a determination
is made under subsection (a) with respect to an investiga-
tion, the International Trade Commission shall submit to
the President a report that shall include—
(1) a statement of the basis for the determina-
tion;
(2) dissenting and separate views; and
(3) any finding made under subsection (b) re-
garding import relief.
(d) PUBLIC NOTICE.—Upon submitting a report to
the President under subsection (c), the International
Trade Commission shall promptly make public such report
(with the exception of information which the International
Trade Commission determines to be confidential) and
shall cause a summary thereof to be published in the Fed-
eral Register.
(e) APPLICABLE PROVISIONS.—For purposes of this
part, the provisions of paragraphs (1), (2), and (3) of sec-
tion 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d))
shall be applied with respect to determinations and find-
ings 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).
121
(B) an increase in the rate of duty im-
posed 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 on like articles on December 31,
1988; or
(C) in the case of a duty applied on a sea-
sonal basis to such article, an increase in the
rate of duty imposed on the article to a level
that does not exceed the column 1 general rate
of duty imposed on the article for the cor-
responding season occurring immediately before
January 1, 1989.
(2) In the case of imports of a Mexican arti-
cle—
(A) the suspension of any further reduc-
tion provided for under the United States
Schedule to Annex 302.2 of the Agreement in
the duty imposed on such article;
(B) an increase in the rate of duty im-
posed on such article to a level that does not
exceed the lesser of—
122
(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; or
(C) in the case of a duty applied on a sea-
sonal basis to such article, an increase in the
rate of duty imposed on the article to a level
that does not exceed the column 1 general rate
of duty imposed under the HTS on the article
for the corresponding season immediately occur-
ring before the date on which the Agreement
enters into force.
(d) PERIOD OF RELIEF.—The import relief that the
President is authorized to provide under this section may
not exceed 3 years, except that, if a Canadian article or
Mexican article which is the subject of the action—
(1) is provided for in an item for which the
transition period of tariff elimination set out in the
United States Schedule to Annex 302.2 of the
Agreement is greater than 10 years; and
123
(2) the President determines that the affected
industry has undertaken adjustment and requires an
extension of the period of the import relief;
the President, after obtaining the advice of the Inter-
national Trade Commission, may extend the period of the
import relief for not more than 1 year, if the duty applied
during the initial period of the relief is substantially re-
duced at the beginning of the extension period.
(e) RATE ON MEXICAN ARTICLES AFTER TERMI-
NATION OF IMPORT RELIEF.—When import relief under
this part is terminated with respect to a Mexican article—
(1) the rate of duty on that article after such
termination and on or before December 31 of the
year in which termination occurs shall be the rate
that, according to the United States Schedule to
Annex 302.2 of the Agreement for the staged elimi-
nation of the tariff, would have been in effect 1 year
after the initiation of the import relief action under
section 302; and
(2) the tariff treatment for that article after
December 31 of the year in which termination oc-
curs shall be, at the discretion of the President, ei-
ther—
124
(A) the rate of duty conforming to the ap-
plicable rate set out in the United States
Schedule to Annex 302.2; 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 United States
Schedule to Annex 302.2 for the elimination of
the tariff.
SEC. 305. TERMINATION OF RELIEF AUTHORITY.
(a) GENERAL RULE.—Except as provided in sub-
section (b), no import relief may be provided under this
part—
(1) in the case of a Canadian article, after De-
cember 31, 1998; or
(2) in the case of a Mexican article, after the
date that is 10 years after the date on which the
Agreement enters into force;
unless the article against which the action is taken is an
item for which the transition period for tariff elimination
set out in the United States Schedule to Annex 302.2 of
the Agreement is greater than 10 years, in which case the
period during which relief may be granted shall be the pe-
riod of staged tariff elimination for that article.
(b) EXCEPTION.—Import relief may be provided
under this part in the case of a Canadian article or Mexi-
125
can article after the date on which such relief would, but
for this subsection, terminate under subsection (a), but
only if the Government of Canada or Mexico, as the case
may be, consents to such provision.
SEC. 306. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under section 304 shall be treated as action taken
under chapter I of title II of such Act.
SEC. 307. SUBMISSION OF PETITIONS.
A petition for import relief may be submitted to the
International Trade Commission under—
(1) this part;
(2) chapter 1 of title II of the Trade Act of
1974; or
(3) under both this part and such chapter 1 at
the same time, in which case the International
Trade Commission shall consider such petitions
jointly.
SEC. 308. SPECIAL TARIFF PROVISIONS FOR CANADIAN
FRESH FRUITS AND VEGETABLES.
(a) IN
GENERAL.—Section 301(a) of the United
States-Canada Free-Trade Agreement Implementation
Act (19 U.S.C. 2112 note) is amended—
126
(1) in paragraph (1), by striking ‘‘promptly’’ in
the flush sentence at the end thereof and inserting
‘‘immediately’’,
(2) by redesignating paragraphs (2) through
(9) as paragraphs (3) through (10), respectively,
(3) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) No later than 6 days after publication in
the Federal Register of the notice described in para-
graph (1), the Secretary shall decide whether to rec-
ommend the imposition of a temporary duty to the
President, and if the Secretary decides to make such
a recommendation, the recommendation shall be for-
warded immediately to the President.’’,
(4) in paragraph (5), as redesignated by para-
graph (2), by striking ‘‘paragraph (3)’’ and inserting
‘‘paragraph (4)’’,
(5) by amending paragraph (9), as redesignated
by paragraph (2), to read as follows:
‘‘(9) For purposes of assisting the Secretary in
carrying out this subsection—
‘‘(A) the Commissioner of Customs and
the Director of the Bureau of Census shall co-
operate in providing the Secretary with timely
information and data relating to the importa-
128
(2) NOTICE
OF
DETERMINATIONS.—The Sec-
retary shall immediately notify the Commissioner of
Customs and publish notice in the Federal Register
of any determination under paragraph (1), and the
date of such publication shall be the determination
date for that determination.
(b) IMPORTS
OF MEXICAN ARTICLES.—Whenever
after any determination date for a determination under
subsection (a)(1)(A), the quantity of Mexican articles of
frozen concentrated orange juice that is entered exceeds—
(1) 264,978,000 liters (single strength equiva-
lent) in any of calendar years 1994 through 2002;
or
(2) 340,560,000 liters (single strength equiva-
lent) in any of calendar years 2003 through 2007;
the rate of duty on Mexican articles of frozen concentrated
orange juice that are entered after the date on which the
applicable limitation in paragraph (1) or (2) is reached
and before the determination date for the related deter-
mination under subsection (a)(1)(B) shall be the rate of
duty specified in subsection (c).
(c) RATE OF DUTY.—The rate of duty specified for
purposes of subsection (b) for articles entered on any day
is the rate in the HTS that is the lower of—
130
change, or any successor as determined by the Sec-
retary, for the corresponding month during the pre-
vious 5-year period, excluding the year with the
highest average price for the corresponding month
and the year with the lowest average price for the
corresponding month.
PART 2—RELIEF FROM IMPORTS FROM ALL
COUNTRIES
SEC. 311. NAFTA ARTICLE IMPACT IN IMPORT RELIEF
CASES UNDER THE TRADE ACT OF 1974.
(a) IN GENERAL.—If, in any investigation initiated
under chapter 1 of title II of the Trade Act of 1974, the
International Trade Commission makes an affirmative de-
termination (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 International Trade Commission shall also find (and
report to the President at the time such injury determina-
tion is submitted to the President) whether—
(1) imports of the article from a NAFTA coun-
try, considered individually, account for a substan-
tial share of total imports; and
(2) imports of the article from a NAFTA coun-
try, considered individually or, in exceptional cir-
cumstances, imports from NAFTA countries consid-
131
ered collectively, contribute importantly to the seri-
ous injury, or threat thereof, caused by imports.
(b) FACTORS.—
(1) SUBSTANTIAL
IMPORT
SHARE.—In deter-
mining whether imports from a NAFTA country,
considered individually, account for a substantial
share of total imports, such imports normally shall
not be considered to account for a substantial share
of total imports if that country is not among the top
5 suppliers of the article subject to the investigation,
measured in terms of import share during the most
recent 3-year period.
(2) APPLICATION
OF
‘‘CONTRIBUTE
IMPOR-
TANTLY’’ STANDARD.—In determining whether im-
ports from a NAFTA country or countries contrib-
ute importantly to the serious injury, or threat
thereof, the International Trade Commission shall
consider such factors as the change in the import
share of the NAFTA country or countries, and the
level and change in the level of imports of such
country or countries. In applying the preceding sen-
tence, imports from a NAFTA country or countries
normally shall not be considered to contribute impor-
tantly to serious injury, or the threat thereof, if the
growth rate of imports from such country or coun-
132
tries during the period in which an injurious in-
crease in imports occurred is appreciably lower than
the growth rate of total imports from all sources
over the same period.
(c) DEFINITION.—For purposes of this section and
section 312(a), the term ‘‘contribute importantly’’ refers
to an important cause, but not necessarily the most impor-
tant cause.
SEC. 312. PRESIDENTIAL ACTION REGARDING NAFTA IM-
PORTS.
(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 Presi-
dent shall determine whether—
(1) imports from such country, considered indi-
vidually, account for a substantial share of total im-
ports; or
(2) imports from a NAFTA country, considered
individually, or in exceptional circumstances imports
from NAFTA countries considered collectively, con-
tribute importantly to the serious injury, or threat
thereof, found by the International Trade Commis-
sion.
(b) EXCLUSION OF NAFTA IMPORTS.—In determin-
ing the nature and extent of action to be taken under
133
chapter 1 of title II of the Trade Act of 1974, the Presi-
dent shall exclude from such action imports from a
NAFTA country if the President makes a negative deter-
mination under subsection (a)(1) or (2) with respect to
imports from such country.
(c) ACTION AFTER EXCLUSION OF NAFTA COUN-
TRY IMPORTS.—
(1) IN GENERAL.—If the President, under sub-
section (b), excludes imports from a NAFTA coun-
try or countries from action under chapter 1 of title
II of the Trade Act of 1974 but thereafter deter-
mines that a surge in imports from that country or
countries is undermining the effectiveness of the ac-
tion—
(A) the President may take appropriate ac-
tion under such chapter 1 to include those im-
ports 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 Commis-
sion to conduct an investigation of the surge in
such imports.
(2) INVESTIGATION.—Upon receiving a request
under paragraph (1)(B), the International Trade
Commission shall conduct an investigation to deter-
134
mine 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 sub-
section, the term ‘‘surge’’ means a significant in-
crease in imports over the trend for a recent rep-
resentative base period.
(d) CONDITION APPLICABLE TO QUANTITATIVE RE-
STRICTIONS.—Any action taken under this section pro-
claiming a quantitative restriction shall permit the impor-
tation 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 allowance
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;
135
(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 paragraph (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 concern-
ing provisional 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 provided for in subheading 0709.60.00 of
the HTS;
136
the International Trade Commission, until January 1,
2009, shall monitor imports of such goods as if proper
requests for such monitoring had been made under sub-
section 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 pro-
vide to the International Trade Commission information
relevant to the monitoring carried out under this section.
SEC. 317. PROCEDURES CONCERNING THE CONDUCT OF
INTERNATIONAL TRADE COMMISSION INVES-
TIGATIONS.
(a) PROCEDURES AND RULES.—The International
Trade Commission 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 re-
spect to information received by the Commission in
the course of investigations conducted under this
chapter and part 1 of title III of the North Amer-
ican Free Trade Agreement Implementation Act.’’.
137
SEC. 318. EFFECTIVE DATE.
Except as provided in section 308(b), the provisions
of this subtitle take effect on the date the Agreement en-
ters 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 para-
graph (2),
(B) by redesignating paragraph (3) as
paragraph (4) and inserting after paragraph
(2) the following new paragraph:
‘‘(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 Imple-
mentation 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
138
(C) by inserting after paragraph (4) (as
redesignated by subparagraph (B) of this para-
graph) 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 mean-
ing given such term in section 2(4) of the NAFTA
Act.’’;
(2) in subsection (f)(1), by striking the end pe-
riod 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) ap-
plies, any such article originating in Canada as de-
termined in accordance with such paragraph
(3)(B).’’; and
(3) in subsection (i), by inserting ‘‘and Mexico’’
after ‘‘Canada’’ each place it appears.
(b) SECTION 22 OF THE AGRICULTURAL ADJUST-
MENT ACT.—
(1) IN GENERAL.—The President may, pursu-
ant to article 309 and Annex 703.2 of the Agree-
ment, exempt from any quantitative limitation or fee
imposed pursuant to section 22 of the Agricultural
139
Adjustment Act (7 U.S.C. 624), reenacted with
amendments by the Agricultural Marketing Agree-
ment Act of 1937, any article which originates in
Mexico, if Mexico is a NAFTA country.
(2) QUALIFICATION OF ARTICLES.—The deter-
mination of whether an article originates in Mexico
shall be made in accordance 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 ob-
tained 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 Agree-
ment 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
140
(ii) any requirement under Marketing
Agreement No. 146, Regulating the Qual-
ity of Domestically Produced Peanuts, on
peanuts in the domestic market, 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 Agri-
cultural 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 commercial quantities as de-
termined 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 docu-
ments as are required by the Secretary to en-
sure compliance with this subsection.’’.
(2) CONSULTATIONS
ON
IMPORTS.—It is the
sense of Congress that the United States should re-
141
quest consultations in the Working Group on Emer-
gency Action, established in the Understanding Be-
tween 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 con-
stitute a substantial cause of, or contribute im-
portantly 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 FLOW-
ERS.—
(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 Govern-
ment of Mexico.
(2) DESIGNATION
OF
AN
OFFICE.—The Sec-
retary of Agriculture shall designate an office within
142
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 Ag-
riculture Committee Working Groups.
(3) INFORMATION COLLECTED.—The informa-
tion to be collected, if reasonably available, in-
cludes—
(A) monthly fresh fruit, fresh vegetable,
fresh citrus, and processed citrus product im-
port and export data;
(B) monthly citrus juice production and
export data;
(C) data on inspections of shipments of cit-
rus, vegetables, and cut flowers entering the
United States from Mexico; 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.
(f) END-USE CERTIFICATES.—
143
(1) IN GENERAL.—The Secretary of Agriculture
(referred to in this subsection as the ‘‘Secretary’’)
shall implement, in coordination with the Commis-
sioner of Customs, a program requiring that end-use
certificates be included in the documentation cover-
ing the entry into, or the withdrawal from a ware-
house for consumption in, the customs territory of
the United States—
(A) of any wheat that is a product of any
foreign country or instrumentality that re-
quires, as of the effective date of this sub-
section, end-use certificates for imports of
wheat that is a product of the United States
(referred to in this subsection as ‘‘United
States-produced wheat’’); and
(B) of any barley that is a product of any
foreign country or instrumentality that re-
quires, as of the effective date of this sub-
section, end-use certificates for imports of bar-
ley that is a product of the United States (re-
ferred to in this subsection as ‘‘United States-
produced barley’’).
(2) REGULATIONS.—The Secretary shall pre-
scribe by regulation such requirements regarding the
information to be included in end-use certificates as
144
may be necessary and appropriate to carry out this
subsection.
(3) 
PRODUCER
PROTECTION
DETERMINA-
TION.—At any time after the effective date of the
requirements established under paragraph (1), the
Secretary may, subject to paragraph (5), suspend
the requirements when making a determination,
after consultation with domestic producers, that the
program implemented under this subsection has di-
rectly resulted in—
(A) the reduction of income to the United
States producers of agricultural commodities; or
(B) the reduction of the competitiveness of
United States agricultural commodities in the
world export markets.
(4) SUSPENSION OF REQUIREMENTS.—
(A) WHEAT.—If a foreign country or in-
strumentality that requires end-use certificates
for imports of United States-produced wheat as
of the effective date of the requirement under
paragraph (1)(A) eliminates the requirement,
the Secretary shall suspend the requirement
under paragraph (1)(A) beginning 30 calendar
days after suspension by the foreign country or
instrumentality.
145
(B) BARLEY.—If a foreign country or in-
strumentality that requires end-use certificates
for imports of United States-produced barley as
of the effective date of the requirement under
paragraph (1)(B) eliminates the requirement,
the Secretary shall suspend the requirement
under paragraph (1)(B) beginning 30 calendar
days after suspension by the foreign country or
instrumentality.
(5) REPORT
TO
CONGRESS.—The Secretary
shall not suspend the requirements established under
paragraph (1) under circumstances identified in
paragraph (3) before the Secretary submits a report
to Congress detailing the determination made under
paragraph (3) and the reasons for making the deter-
mination.
(6) COMPLIANCE.—It shall be a violation of
section 1001 of title 18, United States Code, for a
person to engage in fraud or knowingly violate this
subsection or a regulation implementing this sub-
section.
(7) EFFECTIVE
DATE.—This subsection shall
become effective on the date that is 120 days after
the date of enactment of this Act.
146
(g) AGRICULTURAL FELLOWSHIP PROGRAM.—Sec-
tion 1542(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (Public Law 101–624; 7 U.S.C. 5622
note) is amended by adding at the end the following new
paragraph:
‘‘(3) AGRICULTURAL FELLOWSHIPS FOR NAFTA
COUNTRIES.—
‘‘(A) IN
GENERAL.—The Secretary shall
grant fellowships to individuals from countries
that are parties to the North American Free
Trade Agreement (referred to in this paragraph
as ‘NAFTA’) to study agriculture in the United
States, and to individuals in the United States
to study agriculture in other NAFTA countries.
‘‘(B) PURPOSE.—The purpose of fellow-
ships granted under this paragraph is—
‘‘(i) to allow the recipients to expand
their knowledge and understanding of agri-
cultural systems and practices in other
NAFTA countries;
‘‘(ii) to facilitate the improvement of
agricultural systems in NAFTA countries;
and
147
‘‘(iii) to establish and expand agricul-
tural trade linkages between the United
States and other NAFTA countries.
‘‘(C) ELIGIBLE
RECIPIENTS.—The Sec-
retary may provide fellowships under this para-
graph to agricultural producers and consult-
ants, government officials, and other individuals
from the private and public sectors.
‘‘(D) ACCEPTANCE OF GIFTS.—The Sec-
retary may accept money, funds, property, and
services of every kind by gift, devise, bequest,
grant, or otherwise, and may in any manner,
dispose of all of the holdings and use the re-
ceipts generated from the disposition to carry
out this paragraph. Receipts under this para-
graph shall remain available until expended.’’.
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TION.—There are authorized to be appropriated
such sums as are necessary to carry out this
paragraph.’’.
(h) ASSISTANCE FOR AFFECTED FARMWORKERS.—
(1) IN GENERAL.—Subject to paragraph (3), if
at any time the Secretary of Agriculture determines
that the implementation of the Agreement has
caused low-income migrant or seasonal farmworkers
148
to lose income, the Secretary may make available
grants, not to exceed $20,000,000 for any fiscal
year, to public agencies or private organizations with
tax-exempt status under section 501(c)(3) of the In-
ternal Revenue Code of 1986, that have experience
in providing emergency services to low-income mi-
grant or seasonal farmworkers. Emergency services
to be provided with assistance received under this
subsection may include such types of assistance as
the Secretary determines to be necessary and appro-
priate.
(2) DEFINITION.—As used in this subsection,
the term ‘‘low-income migrant or seasonal farm-
worker’’ shall have the same meaning as provided in
section 2281(b) of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (42 U.S.C. 5177a(b)).
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There 
are 
authorized 
to 
be 
appropriated
$20,000,000 for each fiscal year to carry out this
subsection.
(i) BIENNIAL REPORT ON EFFECTS OF THE AGREE-
MENT ON AMERICAN AGRICULTURE.—
(1) IN GENERAL.—The Secretary of Agriculture
shall prepare a biennial report on the effects of the
Agreement on United States producers of agricul-
149
tural commodities and on rural communities located
in the United States.
(2) CONTENTS
OF
REPORT.—The report re-
quired under this subsection shall include—
(A) an assessment of the effects of imple-
menting the Agreement on the various agricul-
tural commodities affected by the Agreement,
on a commodity-by-commodity basis;
(B) an assessment of the effects of imple-
menting the Agreement on investments made in
United States agriculture and on rural commu-
nities located in the United States;
(C) an assessment of the effects of imple-
menting the Agreement on employment in Unit-
ed States agriculture, including any gains or
losses of jobs in businesses directly or indirectly
related to United States agriculture; and
(D) such other information and data as
the Secretary determines appropriate.
(3) SUBMISSION OF REPORT.—The Secretary
shall furnish the report required under this sub-
section to the Committee on Agriculture, Nutrition,
and Forestry of the Senate and to the Committee on
Agriculture of the House of Representatives. The re-
port shall be due every 2 years and shall be submit-
150
ted by March 1 of the year in which the report is
due. The first report shall be due by March 1, 1997,
and the final report shall be due by March 1, 2011.
Subtitle C—Intellectual Property
SEC. 331. TREATMENT OF INVENTIVE ACTIVITY.
Section 104 of title 35, United States Code, is
amended to read as follows:
‘‘§ 104. Invention made abroad
‘‘(a) IN GENERAL.—In proceedings in the Patent and
Trademark Office, in the courts, and before any other
competent authority, an applicant for a patent, or a pat-
entee, may not establish a date of invention by reference
to knowledge or use thereof, or other activity with respect
thereto, in a foreign country other than a NAFTA coun-
try, except as provided in sections 119 and 365 of this
title. Where an invention was made by a person, civil or
military, while domiciled in the United States or a
NAFTA country and serving in any other country in con-
nection with operations by or on behalf of the United
States or a NAFTA country, the person shall be entitled
to the same rights of priority in the United States with
respect to such invention as if such invention had been
made in the United States or a NAFTA country. To the
extent that any information in a NAFTA country concern-
ing knowledge, use, or other activity relevant to proving
151
or disproving a date of invention has not been made avail-
able for use in a proceeding in the Office, a court, or any
other competent authority to the same extent as such in-
formation could be made available in the United States,
the Commissioner, court, or such other authority shall
draw appropriate inferences, or take other action per-
mitted by statute, rule, or regulation, in favor of the party
that requested the information in the proceeding.
‘‘(b) DEFINITION.—As used in this section, the term
‘NAFTA country’ has the meaning given that term in sec-
tion 2(4) of the North American Free Trade Agreement
Implementation Act.’’.
SEC. 332. RENTAL RIGHTS IN SOUND RECORDINGS.
Section 4 of the Record Rental Amendment of 1984
(17 U.S.C. 109 note) is amended by striking out sub-
section (c).
SEC. 333. NONREGISTRABILITY OF MISLEADING GEO-
GRAPHIC INDICATIONS.
(a) MARKS NOT REGISTRABLE ON THE PRINCIPAL
REGISTER.—Section 2 of the Act entitled ‘‘An Act to pro-
vide for the registration and protection of trademarks used
in commerce, to carry out the provisions of certain inter-
national conventions, and for other purposes’’, approved
July 5, 1946, commonly referred to as the Trademark Act
of 1946 (15 U.S.C. 1052(e)), is amended—
152
(1) by amending subsection (e) to read as fol-
lows:
‘‘(e) Consists of a mark which (1) when used on or
in connection with the goods of the applicant is merely
descriptive or deceptively misdescriptive of them, (2) when
used on or in connection with the goods of the applicant
is primarily geographically descriptive of them, except as
indications of regional origin may be registrable under sec-
tion 4, (3) when used on or in connection with the goods
of the applicant is primarily geographically deceptively
misdescriptive of them, or (4) is primarily merely a sur-
name.’’; and
(2) in subsection (f)—
(A) by striking out ‘‘and (d)’’ and insert-
ing ‘‘(d), and (e)(3)’’; and
(B) by adding at the end the following new
sentence: ‘‘Nothing in this section shall prevent
the registration of a mark which, when used on
or in connection with the goods of the appli-
cant, is primarily geographically deceptively
misdescriptive of them, and which became dis-
tinctive of the applicant’s goods in commerce
before the date of the enactment of the North
American Free Trade Agreement Implementa-
tion Act.’’.
153
(b) SUPPLEMENTAL REGISTER.—Section 23(a) of
the Trademark Act of 1946 (15 U.S.C. 1091(a)) is
amended—
(1) by striking out ‘‘and (d)’’ and inserting
‘‘(d), and (e)(3)’’; and
(2) by adding at the end the following new sen-
tence: ‘‘Nothing in this section shall prevent the reg-
istration on the supplemental register of a mark, ca-
pable of distinguishing the applicant’s goods or serv-
ices and not registrable on the principal register
under this Act, that is declared to be unregistrable
under section 2(e)(3), if such mark has been in law-
ful use in commerce by the owner thereof, on or in
connection with any goods or services, since before
the date of the enactment of the North American
Free Trade Agreement Implementation Act.’’.
SEC. 334. MOTION PICTURES IN THE PUBLIC DOMAIN.
(a) IN GENERAL.—Chapter 1 of title 17, United
States Code, is amended by inserting after section 104 the
following new section:
‘‘§ 104A. Copyright in certain motion pictures
‘‘(a) RESTORATION OF COPYRIGHT.—Subject to sub-
sections (b) and (c)—
‘‘(1) any motion picture that is first fixed or
published in the territory of a NAFTA country as
154
defined in section 2(4) of the North American Free
Trade Agreement Implementation Act to which
Annex 1705.7 of the North American Free Trade
Agreement applies, and
‘‘(2) any work included in such motion picture
that is first fixed in or published with such motion
picture,
that entered the public domain in the United States be-
cause it was first published on or after January 1, 1978,
and before March 1, 1989, without the notice required by
section 401, 402, or 403 of this title, the absence of which
has not been excused by the operation of section 405 of
this title, as such sections were in effect during that pe-
riod, shall have copyright protection under this title for
the remainder of the term of copyright protection to which
it would have been entitled in the United States had it
been published with such notice.
‘‘(b) EFFECTIVE DATE OF PROTECTION.—The pro-
tection provided under subsection (a) shall become effec-
tive, with respect to any motion picture or work included
in such motion picture meeting the criteria of that sub-
section, 1 year after the date on which the North Amer-
ican Free Trade Agreement enters into force with respect
to, and the United States applies the Agreement to, the
country in whose territory the motion picture was first
155
fixed or published if, before the end of that 1-year period,
the copyright owner in the motion picture or work files
with the Copyright Office a statement of intent to have
copyright protection restored under subsection (a). The
Copyright Office shall publish in the Federal Register
promptly after that effective date a list of motion pictures,
and works included in such motion pictures, for which pro-
tection is provided under subsection (a).
‘‘(c) USE OF PREVIOUSLY OWNED COPIES.—A na-
tional or domiciliary of the United States who, before the
date of the enactment of the North American Free Trade
Agreement Implementation Act, made or acquired copies
of a motion picture, or other work included in such motion
picture, that is subject to protection under subsection (a),
may sell or distribute such copies or continue to perform
publicly such motion picture and other work without liabil-
ity for such sale, distribution, or performance, for a period
of 1 year after the date on which the list of motion pic-
tures, and works included in such motion pictures, that
are subject to protection under subsection (a) is published
in the Federal Register under subsection (b).’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 1 of title 17, United
States Code, is amended by inserting after the item relat-
ing to section 104 the following new item:
‘‘104A. Copyright in certain motion pictures.’’.
156
SEC. 335. EFFECTIVE DATES.
(a) IN GENERAL.—Subject to subsections (b) and (c),
the amendments made by this subtitle take effect on the
date the Agreement enters into force with respect to the
United States.
(b) SECTION 331.—The amendments made by sec-
tion 331 shall apply to all patent applications that are
filed on or after the date of the enactment of this Act:
Provided, That an applicant for a patent, or a patentee,
may not establish a date of invention by reference to
knowledge or use thereof, or other activity with respect
thereto, in a NAFTA country, except as provided in sec-
tions 119 and 365 of title 35, United States Code, that
is earlier than the date of the enactment of this Act.
(c) SECTION 333.—The amendments made by section
333 shall apply only to trademark applications filed on
or after the date of the enactment of this Act.
Subtitle D—Temporary Entry of
Business Persons
SEC. 341. TEMPORARY ENTRY.
(a) NONIMMIGRANT TRADERS
AND INVESTORS.—
Upon a basis of reciprocity secured by the Agreement, an
alien who is a citizen of Canada or Mexico, and the spouse
and children of any such alien if accompanying or follow-
ing to join such alien, may, if otherwise eligible for a visa
and if otherwise admissible into the United States under
157
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.), be considered to be classifiable as a nonimmigrant
under section 101(a)(15)(E) of such Act (8 U.S.C.
1101(a)(15)(E)) if entering solely for a purpose specified
in Section B of Annex 1603 of the Agreement, but only
if any such purpose shall have been specified in such
Annex on the date of entry into force of the Agreement.
For purposes of this section, the term ‘‘citizen of Mexico’’
means ‘‘citizen’’ as defined in Annex 1608 of the Agree-
ment.
(b) NONIMMIGRANT PROFESSIONALS AND ANNUAL
NUMERICAL LIMIT.—Section 214 of the Immigration and
Nationality Act (8 U.S.C. 1184) is amended by redesig-
nating subsection (e) as paragraph (1) of subsection (e)
and adding after such paragraph (1), as redesignated, the
following new paragraphs:
‘‘(2) An alien who is a citizen of Canada or Mexico,
and the spouse and children of any such alien if accom-
panying or following to join such alien, who seeks to enter
the United States under and pursuant to the provisions
of Section D of Annex 1603 of the North American Free
Trade Agreement (in this subsection referred to as
‘NAFTA’) to engage in business activities at a profes-
sional level as provided for in such Annex, may be admit-
ted for such purpose under regulations of the Attorney
158
General promulgated after consultation with the Secretar-
ies of State and Labor. For purposes of this Act, including
the issuance of entry documents and the application of
subsection (b), such alien shall be treated as if seeking
classification, or classifiable, as a nonimmigrant under
section 101(a)(15). The admission of an alien who is a
citizen of Mexico shall be subject to paragraphs (3), (4),
and (5). For purposes of this paragraph and paragraphs
(3), (4), and (5), the term ‘‘citizen of Mexico’’ means ‘‘citi-
zen’’ as defined in Annex 1608 of NAFTA.
‘‘(3) The Attorney General shall establish an annual
numerical limit on admissions under paragraph (2) of
aliens who are citizens of Mexico, as set forth in Appendix
1603.D.4 of Annex 1603 of the NAFTA. Subject to para-
graph (4), the annual numerical limit—
‘‘(A) beginning with the second year that
NAFTA is in force, may be increased in accordance
with the provisions of paragraph 5(a) of Section D
of such Annex, and
‘‘(B) shall cease to apply as provided for in
paragraph 3 of such Appendix.
‘‘(4) The annual numerical limit referred to in para-
graph (3) may be increased or shall cease to apply (other
than by operation of paragraph 3 of such Appendix) only
if—
159
‘‘(A) the President has obtained advice regard-
ing the proposed action from the appropriate advi-
sory committees established under section 135 of the
Trade Act of 1974 (19 U.S.C. 2155);
‘‘(B) the President has submitted a report to
the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives that sets forth—
‘‘(i) the action proposed to be taken and
the reasons therefor, and
‘‘(ii) the advice obtained under subpara-
graph (A);
‘‘(C) a period of at least 60 calendar days that
begins on the first day on which the President has
met the requirements of subparagraphs (A) and (B)
with respect to such action has expired; and
‘‘(D) the President has consulted with such
committees regarding the proposed action during the
period referred to in subparagraph (C).
‘‘(5) During the period that the provisions of Appen-
dix 1603.D.4 of Annex 1603 of the NAFTA apply, the
entry of an alien who is a citizen of Mexico under and
pursuant to the provisions of Section D of Annex 1603
of NAFTA shall be subject to the attestation requirement
of section 212(m), in the case of a registered nurse, or
160
the application requirement of section 212(n), in the case
of all other professions set out in Appendix 1603.D.1 of
Annex 1603 of NAFTA, and the petition requirement of
subsection (c), to the extent and in the manner prescribed
in regulations promulgated by the Secretary of Labor,
with respect to sections 212(m) and 212(n), and the At-
torney General, with respect to subsection (c).’’.
(c) LABOR DISPUTES.—Section 214 of the Immigra-
tion and Nationality Act (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
‘‘(j) Notwithstanding any other provision of this Act,
an alien who is a citizen of Canada or Mexico who seeks
to enter the United States under and pursuant to the pro-
visions of Section B, Section C, or Section D of Annex
1603 of the North American Free Trade Agreement, shall
not be classified as a nonimmigrant under such provisions
if there is in progress a strike or lockout in the course
of a labor dispute in the occupational classification at the
place or intended place of employment, unless such alien
establishes, pursuant to regulations promulgated by the
Attorney General, that the alien’s entry will not affect ad-
versely the settlement of the strike or lockout or the em-
ployment of any person who is involved in the strike or
lockout. Notice of a determination under this subsection
shall be given as may be required by paragraph 3 of article
161
1603 of such Agreement. For purposes of this subsection,
the term ‘citizen of Mexico’ means ‘citizen’ as defined in
Annex 1608 of such Agreement.’’.
SEC. 342. EFFECTIVE DATE.
The provisions of this subtitle take effect on the date
the Agreement enters into force with respect to the United
States.
Subtitle E—Standards
PART 1—STANDARDS AND MEASURES
SEC. 351. STANDARDS AND SANITARY AND PHYTOSANITARY
MEASURES.
(a) IN GENERAL.—Title IV of the Trade Agreements
Act of 1979 (19 U.S.C. 2531 et seq.) is amended by in-
serting at the end the following new subtitle:
‘‘Subtitle E—Standards and Meas-
ures Under the North American
Free Trade Agreement
‘‘CHAPTER 1—SANITARY AND
PHYTOSANITARY MEASURES
‘‘SEC. 461. GENERAL.
‘‘Nothing in this chapter may be construed—
‘‘(1) to prohibit a Federal agency or State
agency from engaging in activity related to sanitary
or phytosanitary measures to protect human, ani-
mal, or plant life or health; or
162
‘‘(2) to limit the authority of a Federal agency
or State agency to determine the level of protection
of human, animal, or plant life or health the agency
considers appropriate.
‘‘SEC. 462. INQUIRY POINT.
‘‘The standards information center maintained under
section 414 shall, in addition to the functions specified
therein, make available to the public relevant documents,
at such reasonable fees as the Secretary of Commerce may
prescribe, and information regarding—
‘‘(1) any sanitary or phytosanitary measure of
general application, including any control or inspec-
tion procedure or approval procedure proposed,
adopted, or maintained by a Federal or State agen-
cy;
‘‘(2) the procedures of a Federal or State agen-
cy for risk assessment, and factors the agency con-
siders in conducting the assessment and in establish-
ing the levels of protection that the agency considers
appropriate;
‘‘(3) the membership and participation of the
Federal Government and State governments in inter-
national and regional sanitary and phytosanitary or-
ganizations and systems, and in bilateral and multi-
lateral 
arrangements 
regarding 
sanitary 
and
163
phytosanitary measures, and the provisions of those
systems and arrangements; and
‘‘(4) the location of notices of the type required
under article 719 of the NAFTA, or where the infor-
mation contained in such notices can be obtained.
‘‘SEC. 463. CHAPTER DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
chapter—
‘‘(1) ANIMAL.—The term ‘animal’ includes fish,
bees, and wild fauna.
‘‘(2) APPROVAL
PROCEDURE.—The term ‘ap-
proval procedure’ means any registration, notifica-
tion, or other mandatory administrative procedure
for—
‘‘(A) approving the use of an additive for
a stated purpose or under stated conditions, or
‘‘(B) establishing a tolerance for a stated
purpose or under stated conditions for a con-
taminant,
in a food, beverage, or feedstuff prior to permitting
the use of the additive or the marketing of a food,
beverage, or feedstuff containing the additive or con-
taminant.
164
‘‘(3) CONTAMINANT.—The term ‘contaminant’
includes pesticide and veterinary drug residues and
extraneous matter.
‘‘(4) CONTROL OR INSPECTION PROCEDURE.—
The term ‘control or inspection procedure’ means
any procedure used, directly or indirectly, to deter-
mine that a sanitary or phytosanitary measure is
fulfilled, including sampling, testing, inspection,
evaluation, verification, monitoring, auditing, assur-
ance of conformity, accreditation, registration, cer-
tification, or other procedure involving the physical
examination of a good, of the packaging of a good,
or of the equipment or facilities directly related to
production, marketing, or use of a good, but does
not mean an approval procedure.
‘‘(5) PLANT.—The term ‘plant’ includes wild
flora.
‘‘(6) RISK
ASSESSMENT.—The term ‘risk as-
sessment’ means an evaluation of—
‘‘(A) the potential for the introduction, es-
tablishment or spread of a pest or disease and
associated 
biological 
and 
economic 
con-
sequences; or
‘‘(B) the potential for adverse effects on
human or animal life or health arising from the
165
presence of an additive, contaminant, toxin or
disease-causing organism in a food, beverage, or
feedstuff.
‘‘(7) SANITARY
OR
PHYTOSANITARY
MEAS-
URE.—
‘‘(A) IN GENERAL.—The term ‘sanitary or
phytosanitary measure’ means a measure to—
‘‘(i) protect animal or plant life or
health in the United States from risks
arising from the introduction, establish-
ment, or spread of a pest or disease;
‘‘(ii) protect human or animal life or
health in the United States from risks
arising from the presence of an additive,
contaminant, toxin, or disease-causing or-
ganism in a food, beverage, or feedstuff;
‘‘(iii) protect human life or health in
the United States from risks arising from
a disease-causing organism or pest carried
by an animal or plant, or a product there-
of; or
‘‘(iv) prevent or limit other damage in
the United States arising from the intro-
duction, establishment, or spread of a pest.
166
‘‘(B) FORM.—The form of a sanitary or
phytosanitary measure includes—
‘‘(i) end product criteria;
‘‘(ii) a product-related processing or
production method;
‘‘(iii) a testing, inspection, certifi-
cation, or approval procedure;
‘‘(iv) a relevant statistical method;
‘‘(v) a sampling procedure;
‘‘(vi) a method of risk assessment;
‘‘(vii) a packaging and labeling re-
quirement directly related to food safety;
and
‘‘(viii) a quarantine treatment, such
as a relevant requirement associated with
the transportation of animals or plants or
with material necessary for their survival
during transportation.
‘‘CHAPTER 2—STANDARDS-RELATED
MEASURES
‘‘SEC. 471. GENERAL.
‘‘(a) NO BAR TO ENGAGING IN STANDARDS ACTIV-
ITY.—Nothing in this chapter shall be construed—
‘‘(1) to prohibit a Federal agency from engag-
ing in activity related to standards-related measures,
167
including any such measure relating to safety, the
protection of human, animal, or plant life or health,
the environment or consumers; or
‘‘(2) to limit the authority of a Federal agency
to determine the level it considers appropriate of
safety or of protection of human, animal, or plant
life or health, the environment or consumers.
‘‘(b) EXCLUSION.—This chapter does not apply to—
‘‘(1) technical specifications prepared by a Fed-
eral agency for production or consumption require-
ments of the agency; or
‘‘(2) sanitary or phytosanitary measures under
chapter 1.
‘‘SEC. 472. INQUIRY POINT.
‘‘The standards information center maintained under
section 414 shall, in addition to the functions specified
therein, make available to the public relevant documents,
at such reasonable fees as the Secretary of Commerce may
prescribe, and information regarding—
‘‘(1) the membership and participation of the
Federal Government, State governments, and rel-
evant nongovernmental bodies in the United States
in international and regional standardizing bodies
and conformity assessment systems, and in bilateral
and multilateral arrangements regarding standards-
168
related measures, and the provisions of those sys-
tems and arrangements;
‘‘(2) the location of notices of the type required
under article 909 of the NAFTA, or where the infor-
mation contained in such notice can be obtained;
and
‘‘(3) the Federal agency procedures for assess-
ment of risk, and factors the agency considers in
conducting the assessment and establishing the lev-
els of protection that the agency considers appro-
priate.
‘‘SEC. 473. CHAPTER DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
chapter—
‘‘(1) APPROVAL
PROCEDURE.—The term ‘ap-
proval procedure’ means any registration, notifica-
tion, or other mandatory administrative procedure
for granting permission for a good or service to be
produced, marketed, or used for a stated purpose or
under stated conditions.
‘‘(2) CONFORMITY ASSESSMENT PROCEDURE.—
The term ‘conformity assessment procedure’ means
any procedure used, directly or indirectly, to deter-
mine that a technical regulation or standard is ful-
filled, including sampling, testing, inspection, evalua-
169
tion, verification, monitoring, auditing, assurance of
conformity, accreditation, registration, or approval
used for such a purpose, but does not mean an ap-
proval procedure.
‘‘(3) OBJECTIVE.—The term ‘objective’ in-
cludes—
‘‘(A) safety,
‘‘(B) protection of human, animal, or plant
life or health, the environment or consumers,
including matters relating to quality and iden-
tifiability of goods or services, and
‘‘(C) sustainable development,
but does not include the protection of domestic pro-
duction.
‘‘(4) SERVICE.—The term ‘service’ means a
land transportation service or a telecommunications
service.
‘‘(5) 
STANDARD.—The 
term 
‘standard’
means—
‘‘(A) characteristics for a good or a service,
‘‘(B) characteristics, rules, or guidelines
for—
‘‘(i) processes or production methods
relating to such good, or
170
‘‘(ii) operating methods relating to
such service, and
‘‘(C) provisions specifying terminology,
symbols, packaging, marking, or labelling for—
‘‘(i) a good or its related process or
production methods, or
‘‘(ii) a service or its related operating
methods,
for common and repeated use, including explan-
atory and other related provisions set out in a
document approved by a standardizing body,
with which compliance is not mandatory.
‘‘(6) 
STANDARDS-RELATED
MEASURE.—The
term ‘standards-related measure’ means a standard,
technical regulation, or conformity assessment proce-
dure.
‘‘(7) 
TECHNICAL
REGULATION.—The 
term
‘technical regulation’ means—
‘‘(A) characteristics or their related proc-
esses and production methods for a good,
‘‘(B) characteristics for a service or its re-
lated operating methods, or
‘‘(C) provisions specifying terminology,
symbols, packaging, marking, or labelling for—
171
‘‘(i) a good or its related process or
production method, or
‘‘(ii) a service or its related operating
method,
set out in a document, including applicable adminis-
trative, explanatory, and other related provisions,
with which compliance is mandatory.
‘‘(8) 
TELECOMMUNICATIONS
SERVICE.—The
term ‘telecommunications service’ means a service
provided by means of the transmission and reception
of signals by any electromagnetic means, but does
not mean the cable, broadcast, or other electro-
magnetic distribution of radio or television program-
ming to the public generally.
‘‘CHAPTER 3—SUBTITLE DEFINITIONS
‘‘SEC. 481. DEFINITIONS.
‘‘Notwithstanding section 451, for purposes of this
subtitle—
‘‘(1) NAFTA.—The term ‘NAFTA’ means the
North American Free Trade Agreement.
‘‘(2) STATE.—The term ‘State’ means any of
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico.’’.
(b) TECHNICAL AMENDMENTS.—
172
(1) DEFINITION
OF
TRADE
REPRESENTA-
TIVE.—Section 451(12) of the Trade Agreements
Act of 1979 is amended to read as follows:
‘‘(12) TRADE
REPRESENTATIVE.—The term
‘Trade Representative’ means the United States
Trade Representative.’’.
(2) CONFORMING AMENDMENTS.—Title IV of
the Trade Agreement Act of 1979 is further amend-
ed—
(A) by striking out ‘‘Special Representa-
tive’’ each place it appears and inserting
‘‘Trade Representative’’; and
(B) in the section heading to section 411,
by striking out ‘‘SPECIAL REPRESENTATIVE’’
and inserting ‘‘TRADE REPRESENTATIVE’’.
SEC. 352. TRANSPORTATION.
No regulation issued by the Secretary of Transpor-
tation implementing a recommendation of the Land
Transportation 
Standards 
Subcommittee 
established
under article 913(5)(a)(i) of the Agreement may take ef-
fect before the date 90 days after the date of issuance.
173
PART 2—AGRICULTURAL STANDARDS
SEC. 361. AGRICULTURAL TECHNICAL AND CONFORMING
AMENDMENTS.
(a) FEDERAL SEED ACT.—Section 302(e)(1) of the
Federal Seed Act (7 U.S.C. 1582(e)(1)) is amended by
inserting ‘‘or Mexico’’ after ‘‘Canada’’.
(b) IMPORTATION OF ANIMALS.—The first sentence
of section 6 of the Act of August 30, 1890 (26 Stat. 416,
chapter 839; 21 U.S.C. 104), is amended by striking ‘‘:
Provided’’ and all that follows through the period at the
end of the sentence and inserting ‘‘, except that the Sec-
retary of Agriculture, in accordance with such regulations
as the Secretary may issue, may (1) permit the importa-
tion of cattle, sheep, or other ruminants, and swine, from
Canada or Mexico, and (2) permit the importation from
the British Virgin Islands into the Virgin Islands of the
United States, for slaughter only, of cattle that have been
infested with or exposed to ticks on being freed from the
ticks.’’.
(c) INSPECTION OF ANIMALS.—Section 10 of the Act
of August 30, 1890 (26 Stat. 417, chapter 839; 21 U.S.C.
105), is amended—
(1) by inserting above ‘‘SEC. 10.’’ the following
new section heading:
174
‘‘SEC. 10. INSPECTION OF ANIMALS.’’;
(2) by striking ‘‘SEC. 10. That the Secretary of
Agriculture shall’’ and inserting ‘‘(a) IN
GEN-
ERAL.—Except as provided in subsection (b), the
Secretary of Agriculture shall’’; and
(3) by adding at the end the following new sub-
section:
‘‘(b) EXCEPTION.—The Secretary of Agriculture, in
accordance with such regulations as the Secretary may
issue, may waive any provision of subsection (a) in the
case of shipments between the United States and Canada
or Mexico.’’.
(d) DISEASE-FREE COUNTRIES OR REGIONS.—
(1) TARIFF ACT OF 1930.—Section 306 of the
Tariff Act of 1930 (19 U.S.C. 1306) is amended—
(A) in subsection (a), by striking ‘‘RIN-
DERPEST AND FOOT-AND-MOUTH DISEASE.—If
the Secretary of Agriculture’’ and inserting ‘‘IN
GENERAL.—Except as provided in subsection
(b), if the Secretary of Agriculture’’; and
(B) by striking subsection (b) and insert-
ing the following new subsection:
‘‘(b) EXCEPTION.—The Secretary of Agriculture may
permit, subject to such terms and conditions as the Sec-
retary determines appropriate, the importation of cattle,
sheep, other ruminants, or swine (including embryos of the
175
animals), or the fresh, chilled, or frozen meat of the ani-
mals, from a region if the Secretary determines that the
region from which the animal or meat originated is, and
is likely to remain, free from rinderpest and foot-and-
mouth disease.’’.
(2) HONEYBEE ACT.—The first section of the
Act of August 31, 1922 (commonly known as the
‘‘Honeybee Act’’) (42 Stat. 833, chapter 301; 7
U.S.C. 281), is amended—
(A) in subsection (a)—
(i) by striking ‘‘, or’’ at the end of
paragraph (1) and inserting a semicolon;
(ii) by striking the period at the end
of paragraph (2) and inserting ‘‘; or’’; and
(iii) by adding at the end the follow-
ing new paragraph:
‘‘(3) from Canada or Mexico, subject to such
terms and conditions as the Secretary of Agriculture
determines appropriate, if the Secretary determines
that the region of Canada or Mexico from which the
honeybees originated is, and is likely to remain, free
of diseases or parasites harmful to honeybees, and
undesirable species or subspecies of honeybees.’’; and
(B) in subsection (b)—
176
(i) by inserting ‘‘(1)’’ after ‘‘imported
into the United States only from’’; and
(ii) by inserting before the period the
following: ‘‘, or (2) Canada or Mexico, if
the Secretary of Agriculture determines
that the region of Canada or Mexico from
which the imports originate is, and is likely
to remain, free of undesirable species or
subspecies of honeybees’’.
(e) POULTRY PRODUCTS INSPECTION ACT.—Section
17(d) of the Poultry Products Inspection Act (21 U.S.C.
466(d)) is amended—
(1) in paragraph (1), by inserting after ‘‘Not-
withstanding any other provision of law,’’ the follow-
ing: ‘‘except as provided in paragraph (2),’’;
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(3) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2)(A) Notwithstanding any other provision of law,
all poultry, or parts or products of poultry, capable of use
as human food offered for importation into the United
States from Canada and Mexico shall—
‘‘(i) comply with paragraph (1); or
177
‘‘(ii)(I) be subject to inspection, sanitary, qual-
ity, species verification, and residue standards that
are equivalent to United States standards; and
‘‘(II) have been processed in facilities and
under conditions that meet standards that are equiv-
alent to United States standards.
‘‘(B) The Secretary may treat as equivalent to a
United States standard a standard of Canada or Mexico
described in subparagraph (A)(ii) if the exporting country
provides the Secretary with scientific evidence or other in-
formation, in accordance with risk assessment methodolo-
gies agreed to by the Secretary and the exporting country,
to demonstrate that the standard of the exporting country
achieves the level of protection that the Secretary consid-
ers appropriate.
‘‘(C) The Secretary may—
‘‘(i) determine, on a scientific basis, that the
standard of the exporting country does not achieve
the level of protection that the Secretary considers
appropriate; and
‘‘(ii) provide the basis for the determination in
writing to the exporting country on request.’’.
(f) FEDERAL
MEAT
INSPECTION
ACT.—Section
20(e) of the Federal Meat Inspection Act (21 U.S.C.
620(e)) is amended—
178
(1) by striking ‘‘not be limited to—’’ and in-
serting ‘‘not be limited to the following:’’;
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through
(6) as paragraphs (3) through (7), respectively;
(4) by inserting after ‘‘not be limited to the fol-
lowing:’’ (as amended by paragraph (1)) the follow-
ing new paragraphs:
‘‘(1)(A) Subject to subparagraphs (B) and (C),
a certification by the Secretary that foreign plants
in Canada and Mexico that export carcasses or meat
or meat products referred to in subsection (a) have
complied with paragraph (2) or with requirements
that are equivalent to United States requirements
with regard to all inspection and building construc-
tion standards, and all other provisions of this Act
and regulations issued under this Act.
‘‘(B) Subject to subparagraph (C), the Sec-
retary may treat as equivalent to a United States re-
quirement a requirement described in subparagraph
(A) if the exporting country provides the Secretary
with scientific evidence or other information, in ac-
cordance with risk assessment methodologies agreed
to by the Secretary and the exporting country, to
demonstrate that the requirement or standard of the