180
of entry by the importer of record, or the drawback 
amount asserted at the time of entry by the drawback 
claimant, at the expiration of 4 years from the applicable 
date specified in subsection (a).’’; 
(2) in subsection (c)—
(A) by inserting ‘‘or drawback claimant, as 
the case may be,’’ after ‘‘to the importer of 
record’’; and 
(B) by inserting ‘‘or drawback claimant’’ 
after ‘‘of such importer of record’’; and 
(3) in subsection (d), by striking the period at 
the end and inserting ‘‘or (in the case of a drawback 
entry or claim) at the drawback amount asserted at 
the time of entry by the drawback claimant.’’. 
(f) PENALTIES FOR FALSE DRAWBACK CLAIMS.—
Section 593A(h) of the Tariff Act of 1930 (19 U.S.C. 
1593a(h)) is amended by striking ‘‘subsection (g)’’ and in-
serting ‘‘subsections (c) and (g)’’. 
(g) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by 
subsections (a), (b), (c), (d), and (f) shall take effect 
on the date of enactment of this Act, and shall apply 
to—
(A) any drawback entry filed on and after 
such date of enactment; and
181
(B) any drawback entry filed before such 
date of enactment if the liquidation of the entry 
is not final on such date of enactment. 
(2) SUBSECTION (e).—The amendments made 
by subsection (e) shall take effect on the date of en-
actment of this Act, and shall apply to—
(A) any entry of merchandise for consump-
tion or entry or claim for drawback filed on and 
after such date of enactment; and 
(B) any entry or claim for drawback filed 
before such date of enactment if the liquidation 
of the entry or claim is not final on such date 
of enactment. 
Subtitle C—Effective Date 
SEC. 1801. EFFECTIVE DATE. 
Except as otherwise provided in this title, the amend-
ments made by this title shall apply with respect to goods 
entered, or withdrawn from warehouse, for consumption, 
on or after the 15th day after the date of the enactment 
of this Act.
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TITLE II—OTHER TRADE 
PROVISIONS 
SEC. 2001. EXTENSION OF NONDISCRIMINATORY TREAT-
MENT TO SERBIA AND MONTENEGRO. 
Notwithstanding Public Law 102–420 (19 U.S.C. 
2434 note), the President may proclaim the extension of 
nondiscriminatory treatment (normal trade relations 
treatment) to the products of Serbia and Montenegro (for-
merly the Federal Republic of Yugoslavia). 
SEC. 2002. MODIFICATION TO CELLAR TREATMENT OF NAT-
URAL WINE. 
(a) IN GENERAL.—Subsection (a) of section 5382 of 
the Internal Revenue Code of 1986 (relating to cellar 
treatment of natural wine) is amended to read as follows: 
‘‘(a) PROPER CELLAR TREATMENT.—
‘‘(1) IN GENERAL.—Proper cellar treatment of 
natural wine constitutes—
‘‘(A) subject to paragraph (2), those prac-
tices and procedures in the United States, 
whether historical or newly developed, of using 
various methods and materials to stabilize the 
wine, or the fruit juice from which it is made, 
so as to produce a finished product acceptable 
in good commercial practice in accordance with 
regulations prescribed by the Secretary; and
183
‘‘(B) subject to paragraph (3), in the case 
of wine produced and imported subject to an 
international agreement or treaty, those prac-
tices and procedures acceptable to the United 
States under such agreement or treaty. 
‘‘(2) RECOGNITION
OF
CONTINUING
TREAT-
MENT.—For purposes of paragraph (1)(A), where a 
particular treatment has been used in customary 
commercial practice in the United States, it shall 
continue to be recognized as a proper cellar treat-
ment in the absence of regulations prescribed by the 
Secretary finding such treatment not to be proper 
cellar treatment within the meaning of this sub-
section. 
‘‘(3) CERTIFICATION OF PRACTICES AND PRO-
CEDURES FOR IMPORTED WINE.—
‘‘(A) IN
GENERAL.—In the case of im-
ported wine which is not subject to an inter-
national agreement or treaty under paragraph 
(1)(B), the Secretary shall accept the practices 
and procedures used to produce such wine, if, 
at the time of importation—
‘‘(i) the importer provides the Sec-
retary with a certification from the govern-
ment of the producing country, accom-
184
panied by an affirmed laboratory analysis, 
that the practices and procedures used to 
produce the wine constitute proper cellar 
treatment under paragraph (1)(A), or 
‘‘(ii) in the case of an importer that 
owns or controls or that has an affiliate 
that owns or controls a winery operating 
under a basic permit issued by the Sec-
retary, the importer certifies that the prac-
tices and procedures used to produce the 
wine constitute proper cellar treatment 
under paragraph (1)(A). 
‘‘(B) AFFILIATE DEFINED.—For purposes 
of this paragraph, the term ‘affiliate’ has the 
meaning given such term by section 117(a)(4) 
of the Federal Alcohol Administration Act (27 
U.S.C. 211(a)(4)) and includes a winery’s par-
ent or subsidiary or any other entity in which 
the winery’s parent or subsidiary has an owner-
ship interest.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on January 1, 2004.
185
SEC. 2003. ARTICLES ELIGIBLE FOR PREFERENTIAL TREAT-
MENT UNDER THE ANDEAN TRADE PREF-
ERENCE ACT. 
The rate of duty applicable on the day before the date 
of the enactment of the Trade Act of 2002 to any article 
described in section 204(b)(1)(D) of the Andean Trade 
Preference Act (as amended by section 3103(a)(2) of the 
Trade Act of 2002) shall apply to such article on and after 
such date of enactment until such time as the President 
proclaims duty free treatment pursuant to section 
204(b)(1) of such Act for such article.
SEC. 2004. TECHNICAL AMENDMENTS. 
(a) TRADE ACT of 2002.—(1) Section 2(a)(4) of the 
Trade Act of 2002 is amended by striking ‘‘and Other 
Provisions’’. 
(2) The table of contents of the Trade Act of 2002 
is amended—
(A) in the item relating to section 342, by strik-
ing ‘‘customs service’’ and inserting ‘‘Customs Serv-
ice’’; and 
(B) by amending the item relating to section 
3107 to read as follows:
‘‘3107. Trade benefits under the Caribbean Basin Economic Recovery Act.’’.
(3) The amendment made by section 111(b) of the 
Trade Act of 2002 shall be deemed never to have been 
enacted.
186
(4) Section 221(a)(2)(A) of the Trade Act of 1974 
(19 U.S.C. 2271(a)(2)(A)) is amended by striking ‘‘assist-
ance, and appropriate’’ and inserting ‘‘assistance and ap-
propriate’’. 
(5) Section 222(b) of the Trade Act of 1974 (19 
U.S.C. 2272(b)) is amended—
(A) by striking the subsection heading and in-
serting the following: ‘‘ADVERSELY AFFECTED SEC-
ONDARY WORKERS’’; and 
(B) in the matter preceding paragraph (1), by 
inserting ‘‘pursuant to a petition filed under section 
221’’ after ‘‘under this chapter’’. 
(6) Section 238(b)(1) of the Trade Act of 1974 is 
amended by striking ‘‘Secretary,’’ and inserting ‘‘Sec-
retary)’’. 
(7) Section 246 of the Trade Act of 1974 is amend-
ed—
(A) in subsection (a)(3)(B)(iii), by striking 
‘‘and’’ after the semicolon; and 
(B) in subsection (b)(2), by striking ‘‘provided 
that’’ and inserting ‘‘if’’. 
(8) Section 124(b) of the Trade Act of 2002 is 
amended by striking ‘‘by inserting after the item relating 
to section 245 the following new item’’ and inserting ‘‘by
187
amending the item relating to section 246 to read as fol-
lows’’. 
(9) Section 296 of the Trade Act of 1974 is amend-
ed—
(A) in subsection (a)(1)—
(i) in the matter preceding subparagraph 
(A)—
(I) by striking ‘‘trade adjustment al-
lowance’’ and inserting ‘‘adjustment assist-
ance under this chapter’’; and 
(II) by striking ‘‘such allowance’’ and 
inserting ‘‘such assistance’’; and 
(ii) in subparagraph (A), by striking ‘‘sub-
section (a)’’ and inserting ‘‘this subsection’’; 
and 
(B) in subsection (b)(2), by striking ‘‘paragraph 
(1) except’’ and inserting ‘‘paragraph (1), except’’. 
(10) Section 142 of the Trade Act of 2002 is amend-
ed—
(A) in subsection (a)(1)—
(i) by striking ‘‘284(a)’’ and ‘‘2395(a)’’ 
and inserting ‘‘284’’ and ‘‘2395’’, respectively; 
and 
(ii) in subparagraph (A), by inserting ‘‘in 
subsection (a),’’ after ‘‘(A)’’; and
188
(B) in subsection (b), by striking ‘‘, as amended 
by subparagraph (A),’’. 
(11) Section 583(c)(1) of the Tariff Act of 1930 (19 
U.S.C. 1583(c)(1)) is amended by moving the matter pre-
ceding subparagraph (A) and subparagraphs (A) through 
(K) 2 ems to the right.
(12) Section 371(b) of the Trade Act of 2002 is 
amended 
by 
striking 
‘‘1330(e)(2)’’ 
and 
inserting 
‘‘1330(e)’’. 
(13) Section 336 of the Trade Act of 2002 is amend-
ed to read as follows: 
‘‘SEC. 336. STUDY AND REPORT RELATING TO CUSTOMS 
USER FEES. 
‘‘(a) STUDY.—The Comptroller General shall conduct 
a study on the extent to which the amount of each customs 
user fee imposed under section 13031(a) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(a)) approximates the cost of services provided 
by the Customs Service relating to the fee so imposed. 
‘‘(b) REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Comptroller General 
shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance 
of the Senate a report containing—
189
‘‘(1) the results of the study conducted under 
subsection (a); and 
‘‘(2) recommendations for the appropriate 
amount of the customs user fees if such results indi-
cate that the fees are not commensurate with the 
level of services provided by the Customs Service. 
Notwithstanding any other provision of law, the report or 
its contents may only be disclosed by the Comptroller Gen-
eral to any committee or Member of Congress and the 
Customs Service and shall not be disclosed to the public.’’. 
(14) Section 141(b)(2) of the Trade Act of 1974 (19 
U.S.C. 2171(b)(2)) is amended by moving the paragraph 
2 ems to the left. 
(15) Section 2102(c) of the Trade Act of 2002 is 
amended—
(A) in paragraph (8), by striking ‘‘this Act’’ 
and inserting ‘‘this title’’; and 
(B) in paragraph (12), by striking ‘‘government 
engaged’’ and inserting ‘‘government is engaged’’. 
(16) Section 2103 of the Trade Act of 2002 is 
amended—
(A) in subsection (a)(1)(A), by striking ‘‘June 
1’’ each place it appears and inserting ‘‘July 1’’; 
(B) in subsection (b)(1)(C), by striking ‘‘June 
1’’ each place it appears and inserting ‘‘July 1’’ and
190
(C) in subsection (c)—
(i) in paragraph (1)(B)(ii), by striking 
‘‘June 1’’ and inserting ‘‘July 1’’; 
(ii) in paragraph (2), by striking ‘‘March 
1’’ and inserting ‘‘April 1’’; and 
(iii) in paragraph (3), by striking ‘‘May 1’’ 
each place it appears and inserting ‘‘June 1’’. 
(17) Section 2105(c) of the Trade Act of 2002 is 
amended by striking ‘‘aand’’ and inserting ‘‘and’’. 
(18) Section 2113 of the Trade Act of 2002 is 
amended—
(A) in the first paragraph designated ‘‘(2)’’, by 
striking ‘‘101(d)(12)’’ and ‘‘3511(d)(12)’’ and in-
serting ‘‘101(d)(13)’’ and ‘‘3511(d)(13)’’, respec-
tively; and 
(B) in the second paragraph designated 
‘‘(2)’’—
(i) by redesignating such paragraph as 
paragraph (3); and 
(ii) 
by 
striking 
‘‘101(d)(13)’’ 
and 
‘‘3511(d)(13)’’ and inserting ‘‘101(d)(12)’’ and 
‘‘3511(d)(12)’’, respectively. 
(19) Section 4101(b)(1) of the Trade Act of 2002 
is amended—