IB
Union Calendar No. 383
104TH CONGRESS
2D SESSION
H. R. 3815
[Report No. 104–718]
To make technical corrections and miscellaneous amendments to trade laws.
IN THE HOUSE OF REPRESENTATIVES
JULY 16, 1996
Mr. CRANE introduced the following bill; which was referred to the Committee
on Ways and Means
JULY 29, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 16, 1996]
A BILL
To make technical corrections and miscellaneous amendments
to trade laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PAYMENT OF DUTIES AND FEES.
(a) INTEREST ACCRUAL.—Section 505(c) of the Tariff
Act of 1930 (19 U.S.C. 1505(c)) is amended in the second
sentence by inserting after ‘‘duties, fees, and interest’’ the
following: ‘‘or, in a case in which a claim is made under
section 520(d), from the date on which such claim is
made,’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to claims made pursuant to section
520(d) of the Tariff Act of 1930 on or after April 25, 1995.
SEC. 2. OTHER TECHNICAL AND CONFORMING AMEND-
MENTS.
(a) EXAMINATION OF BOOKS AND WITNESSES.—Sec-
tion 509(a)(2) of the Tariff Act of 1930 (19 U.S.C.
1509(a)(2)) is amended by striking ‘‘(c)(1)(A)’’ and insert-
ing ‘‘(d)(1)(A)’’.
(b) REQUIREMENT FOR CERTIFICATE FOR IMPORTA-
TION OF ALCOHOLIC LIQUORS IN SMALL VESSELS.—Sec-
tion 7 of the Act of August 5, 1935 (19 U.S.C. 1707; 49
Stat. 520), is repealed.
(c) PENALTIES FOR CERTAIN VIOLATIONS.—Section
592 of the Tariff Act of 1930 (19 U.S.C. 1592) is amend-
ed—
(1) in subsection (a)(1), by striking ‘‘lawful
duty’’ and inserting ‘‘lawful duty, tax, or fee’’; and
(2) in subsections (b)(1)(A)(vi), (c)(2)(A)(ii),
(c)(3)(A)(ii), (c)(4)(A)(i), and (c)(4)(B) by striking
‘‘lawful duties’’ each place it appears and inserting
‘‘lawful duties, taxes, and fees’’.
(d) DEPRIVATION OF LAWFUL DUTIES, TAXES, OR
FEES.—Section 592(d) of the Tariff Act of 1930 (19 U.S.C.
1592(d)) is amended by striking ‘‘or fees be restored’’ and
inserting ‘‘and fees be restored’’.
(e) RECONCILIATION TREATED AS ENTRY FOR REC-
ORDKEEPING.—
(1) Section 401(s) of the Tariff Act of 1930 (19
U.S.C. 1401(s)) is amended by inserting ‘‘record-
keeping,’’ after ‘‘reliquidation,’’.
(2) Section 508(c)(1) of such Act (19 U.S.C.
1508(c)(1)) is amended by inserting ‘‘, filing of a rec-
onciliation,’’ after ‘‘entry’’.
(f) EXTENSION OF LIQUIDATION.—Section 504(d) of
the Tariff Act of 1930 (19 U.S.C. 1504(d)) is amended by
inserting ‘‘, unless liquidation is extended under subsection
(b),’’ after ‘‘shall liquidate the entry’’.
(g) EXEMPTION FROM DUTY
FOR PERSONAL
AND
HOUSEHOLD GOODS ACCOMPANYING RETURNING RESI-
DENTS.—Section 321(a)(2)(B) of the Tariff Act of 1930 (19
U.S.C. 1321(a)(2)(B)) is amended by inserting ‘‘,
9804.00.65,’’ after ‘‘9804.00.30’’.
(h) DEBT COLLECTION.—Section 631(a) of the Tariff
Act of 1930 (19 U.S.C. 1631(a)) is amended—
(1) by inserting after ‘‘law,’’ the following: ‘‘in-
cluding section 3302 of title 31, United States Code,
and subchapters I and II of chapter 37 of such title,’’;
and
(2) by inserting ‘‘and the expenses associated
with recovering such indebtedness,’’ after ‘‘Govern-
ment,’’.
(i) EXAMINATION OF BOOKS AND WITNESSES.—Sec-
tion 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b))
is amended in paragraphs (3) and (4) by striking ‘‘appro-
priate regional commissioner’’ and inserting ‘‘officer des-
ignated pursuant to regulations’’.
(j) REVIEW OF PROTESTS.—Section 515(d) of the Tar-
iff Act of 1930 (19 U.S.C. 1515(d)) is amended by striking
‘‘district director’’ and inserting ‘‘port director’’.
(k) EFFECTIVE DATE.—The amendments made by this
section apply as of December 8, 1993.
SEC. 3. CLARIFICATION REGARDING THE APPLICATION OF
CUSTOMS USER FEES.
(a) IN
GENERAL.—Subparagraph (D) of section
13031(b)(8) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(b)(8)(D)) is amended—
(1) in clause (iv)—
(A) by striking ‘‘subparagraph 9802.00.80
of such Schedules’’ and inserting ‘‘heading
9802.00.80 of such Schedule’’; and
(B) by striking ‘‘and’’ at the end of clause
(iv);
(2) by striking the period at the end of clause (v)
and inserting ‘‘; and’’; and
(3) by inserting after clause (v) the following
new clause:
‘‘(vi) in the case of merchandise entered from a
foreign trade zone (other than merchandise to which
clause (v) applies), be applied only to the value of the
privileged or nonprivileged foreign status merchandise
under section 3 of the Act of June 18, 1934 (com-
monly known as the Foreign Trade Zones Act, 19
U.S.C. 81c).’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) apply to—
(1) any entry made from a foreign trade zone on
or after the 15th day after the date of the enactment
of this Act; and
(2) any entry made from a foreign trade zone
after November 30, 1986, and before such 15th day if
liquidation of the entry was not final before such 15th
day.
(c) APPLICATION
OF FEES
TO CERTAIN AGRICUL-
TURAL PRODUCTS.—The amendment made by section
111(b)(2)(D)(iv) of the Customs and Trade Act of 1990
shall apply to—
(1) any entry made from a foreign trade zone on
or after the 15th day after the date of the enactment
of this Act; and
(2) any entry made from a foreign trade zone
after November 30, 1986, and before such 15th day if
the liquidation of the entry was not final before such
15th day.
SEC. 4. TECHNICAL AMENDMENT TO THE CUSTOMS AND
TRADE ACT OF 1990.
Subsection (b) of section 484H of the Customs and
Trade Act of 1990 (19 U.S.C. 1553 note) is amended by
striking ‘‘, or withdrawn from warehouse for consumption,’’
and inserting ‘‘for transportation in bond’’.
SEC. 5. CLARIFICATION OF FEES FOR CERTAIN CUSTOMS
SERVICES.
(a) IN GENERAL.—Section 13031(b)(9)(A) of the Con-
solidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(9)(A)) is amended—
(1) by striking ‘‘centralized hub facility or’’ in
clause (i); and
(2) in clause (ii)—
SEC. 6. SPECIAL RULE FOR EXTENDING TIME FOR FILING
DRAWBACK CLAIMS.
Section 313(r) of the Tariff Act of 1930 (19 U.S.C.
1313(r)) is amended by adding at the end the following:
‘‘(3)(A)(i) Subject to clause (ii), the Customs
Service may, notwithstanding the limitation set forth
in paragraph (1), extend the time for filing a draw-
back claim for a period not to exceed 18 months, if—
‘‘(I) the claimant establishes to the satisfac-
tion of the Customs Service that the claimant
was unable to file the drawback claim because of
an event declared by the President to be a major
disaster on or after January 1, 1994; and
‘‘(II) the claimant files a request for such
extension with the Customs Service within one
year from the last day of the 3-year period re-
ferred to in paragraph (1).
‘‘(ii) In the case of a major disaster occurring on
or after January 1, 1994, and before the date of the
enactment of this paragraph—
‘‘(I) the Customs Service may extend the
time for filing the drawback claim for a period
not to exceed 1 year; and
‘‘(II) the request under clause (i)(II) must
be filed not later than 1 year from the date of
the enactment of this paragraph.
‘‘(B) If an extension is granted with respect to
a request filed under this paragraph, the periods of
time for retaining records set forth in subsection (t)
of this section and section 508(c)(3) shall be extended
for an additional 18 months or, in a case to which
subparagraph (A)(ii) applies, for a period not to ex-
ceed 1 year from the date the claim is filed.
‘‘(C) For purposes of this paragraph, the term
‘major disaster’ has the meaning given that term in
section 102(2) of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C.
5122(2)).’’.
SEC. 7. TREATMENT OF CERTAIN ENTRIES.
(a) LIQUIDATION OR RELIQUIDATION OF ENTRIES.—
Notwithstanding sections 514 and 520 of the Tariff Act of
1930 (19 U.S.C. 1514 and 1520), and any other provision
of law, the United States Customs Service shall liquidate
or reliquidate those entry numbers made at New York, New
York, which are listed in subsection (c), in accordance with
the final results of the administrative review, covering the
period from May 1, 1984, through March 31, 1985, under-
taken by the International Trade Administration of the De-
partment of Commerce for such entries (case number A–
580–008).
(b) PAYMENT
OF AMOUNTS OWED.—Any amounts
owed by the United States pursuant to the liquidation or
reliquidation of an entry under subsection (a) shall be paid
by the Customs Service within 90 days after such liquida-
tion or reliquidation.
(c) ENTRY LIST.—The entries referred to in subsection
(a) are the following:
Entry Number
Date of Entry
84–4426808 ......................................................................
August 29, 1984
84–4427823 ......................................................................
September 4, 1984
84–4077985 ......................................................................
July 25, 1984
84–4080859 ......................................................................
August 3, 1984
84–4080817 ......................................................................
August 3, 1984
84–4077723 ......................................................................
August 1, 1984
84–4075194 ......................................................................
July 10, 1984
84–4076481 ......................................................................
July 17, 1984
84–4080930 ......................................................................
August 9, 1984.
SEC. 8. TEMPORARY DUTY SUSPENSION FOR PERSONAL EF-
FECTS OF PARTICIPANTS IN CERTAIN WORLD
ATHLETIC EVENTS.
(a) IN GENERAL.—Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amend-
ed by inserting in numerical sequence the following new
heading:
‘‘
9902.98.05
Any of the following
articles not intended
for sale or distribu-
tion to the public:
personal effects of
aliens who are par-
ticipants in, officials
of, or accredited
members of delega-
tions to, the 1998
Goodwill Games, and
of persons who are
immediate family
members of or serv-
ants to any of the
foregoing persons;
equipment and mate-
rials imported in
connection with the
foregoing event by or
on behalf of the fore-
going persons or the
organizing commit-
tee of such event; ar-
ticles to be used in
exhibitions depicting
the culture of a
country participat-
ing in such event;
and, if consistent
with the foregoing,
such other articles as
the Secretary of the
Treasury may allow
Free
No change
Free
On or before
2/1/99
’’.
(b) TAXES AND FEES NOT TO APPLY.—The articles
described in heading 9902.98.05 of the Harmonized Tariff
Schedule of the United States (as added by subsection (a))
shall be free of taxes and fees which may be otherwise appli-
cable.
(c) EFFECTIVE DATE.—The amendment made by this
section applies to articles entered, or withdrawn from ware-
house for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 9. MISCELLANEOUS TECHNICAL CORRECTION.
Section 313(s)(2)(B) of the Tariff Act of 1930 (19
U.S.C. 1313(s)(2)(B)) is amended by striking ‘‘successor’’
the first place it appears and inserting ‘‘predecessor’’.
SEC. 10. URUGUAY ROUND AGREEMENTS ACT.
Section 405(b) of the Uruguay Round Agreements Act
(19 U.S.C. 3602(b)) is amended—
(1) in paragraph (1) by striking ‘‘1(a)’’ and in-
serting ‘‘1(b)’’; and
(2) in paragraph (2) by striking ‘‘1(b)’’ and in-
serting ‘‘1(a)’’.
SEC. 11. FEES FOR CERTAIN CUSTOMS SERVICES.
(a) IN GENERAL.—Section 13031(a)(5) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(a)(5)) is amended—
(1) in subparagraph (A), by inserting ‘‘a place’’
after ‘‘aircraft from’’; and
(2) in subparagraph (B), by striking ‘‘subsection
(b)(1)(A)’’ and inserting ‘‘subsection (b)(1)(A)(i)’’.
(b) LIMITATION ON FEES.—Section 13031(b)(1) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(1)) is amended to read as follows:
‘‘(b) LIMITATIONS ON FEES.—(1)(A) No fee may be
charged under subsection (a) of this section for customs
services provided in connection with—
‘‘(i) the arrival of any passenger whose jour-
ney—
‘‘(I) originated in—
‘‘(aa) Canada,
‘‘(bb) Mexico,
‘‘(cc) a territory or possession of the
United States, or
‘‘(dd) any adjacent island (within the
meaning of section 101(b)(5) of the Immi-
gration and Nationality Act (8 U.S.C.
1101(b)(5))), or
‘‘(II) originated in the United States and
was limited to—
‘‘(aa) Canada,
‘‘(bb) Mexico,
‘‘(cc) territories and possessions of the
United States, and
‘‘(dd) such adjacent islands;
‘‘(ii) the arrival of any railroad car the journey
of which originates and terminates in the same coun-
try, but only if no passengers board or disembark
from the train and no cargo is loaded or unloaded
from such car while the car is within any country
other than the country in which such car originates
and terminates;
‘‘(iii) the arrival of any ferry; or
‘‘(iv) the arrival of any passenger on board a
commercial vessel traveling only between ports which
are within the customs territory of the United States.
‘‘(B) The exemption provided for in subparagraph (A)
shall not apply in the case of the arrival of any passenger
on board a commercial vessel whose journey originates and
terminates at the same place in the United States if there
are no intervening stops.
‘‘(C) The exemption provided for in subparagraph
(A)(i) shall not apply to fiscal years 1994, 1995, 1996, and
1997.’’.
(c) FEE ASSESSED ONLY ONCE.—Section 13031(b)(4)
of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(b)(4)) is amended—
(1) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively;
(2) by striking ‘‘No fee’’ and inserting ‘‘(A) No
fee’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(B) In the case of a commercial vessel making a single
voyage involving 2 or more United States ports with respect
to which the passengers would otherwise be charged a fee
pursuant to subsection (a)(5), such fee shall be charged only
1 time for each passenger.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect as if included in the amendments
made by section 521 of the North American Free Trade
Agreement Implementation Act.
SEC. 12. TECHNICAL CORRECTION TO CERTAIN CHEMICAL
DESCRIPTION.
(a) AMENDMENT TO SUBHEADING 2933.90.02.—The
article description for subheading 2933.90.02 of the Har-
monized Tariff Schedule of the United States is amended
by striking ‘‘(Quizalofop ethyl)’’.
(b) EFFECTIVE DATE.—
(1) GENERAL RULE.—The amendment made by
this section applies to articles entered, or withdrawn
from warehouse for consumption, on or after the 15th
day after the date of the enactment of this Act.
(2) RETROACTIVE PROVISION.—Notwithstanding
section 514 of the Tariff Act of 1930 or any other pro-
vision of law, upon proper request (which includes
sufficient information to identify and locate the
entry) filed with the Customs Service on or before the
date that is 180 days after the date of the enactment
of this Act, any entry, or withdrawal from warehouse
for consumption, of an article that occurred—
(A) after December 31, 1994, and before the
date that is 15 days after the date of the enact-
ment of this Act, and
(B) with respect to which there would have
been no duty or a lesser duty if the amendment
made by subsection (a) applied to such entry or
withdrawal,
shall be liquidated or reliquidated as though such
amendment applied to such entry or withdrawal.
SEC. 13. MARKING OF IMPORTED ARTICLES AND CONTAIN-
ERS.
(a) IN GENERAL.—Section 304 of the Tariff Act of 1930
(19 U.S.C. 1304) is amended—
(1) by redesignating subsections (f), (g), (h), and
(i) as subsections (h), (i), (j), and (k), respectively,
and
(2) by inserting after subsection (e) the following
new subsections:
‘‘(f) MARKING OF CERTAIN COFFEE AND TEA PROD-
UCTS.—The marking requirements of subsections (a) and
(b) shall not apply to articles described in subheadings
0901.21, 0901.22, 0902.10, 0902.20, 0902.30, 0902.40,
2101.10, and 2101.20 of the Harmonized Tariff Schedule
of the United States, as in effect on January 1, 1995.
‘‘(g) MARKING OF SPICES.—The marking requirements
of subsections (a) and (b) shall not apply to articles pro-
vided for under subheadings 0904.11, 0904.12, 0904.20,
0905.00, 0906.10, 0906.20, 0907.00, 0908.10, 0908.20,
0908.30, 0909.10, 0909.20, 0909.30, 0909.40, 0909.50,
0910.10, 0910.20, 0910.30, 0910.40, 0910.50, 0910.91,
0910.99, 1106.20, 1207.40, 1207.50, 1207.91, 1404.90, and
3302.10, and items classifiable in categories 0712.90.60,
0712.90.8080, 1209.91.2000, 1211.90.2000, 1211.90.8040,
1211.90.8050, 1211.90.8090, 2006.00.3000, 2918.13.2000,
3203.00.8000, 
3301.90.1010, 
3301.90.1020, 
and
3301.90.1050 of the Harmonized Tariff Schedule of the
United States, as in effect on January 1, 1995.’’.
(b) EFFECTIVE DATE.—The amendments made by this
section apply to goods entered, or withdrawn from ware-
house for consumption, on or after the date of the enactment
of this Act.
SEC. 14. RELIQUIDATING ENTRY OF WARP KNITTING MA-
CHINES.
Notwithstanding section 514 of the Tariff Act of 1930
(19 U.S.C. 1514) or any other provision of law, upon prop-
er request filed with the Customs Service before the 180th
day after the date of the enactment of this Act, the Secretary
of the Treasury shall—
(1) liquidate or reliquidate as duty free Entry
No. 100–3022436–3, made on July 12, 1989, at the
port of Charleston, South Carolina; and
(2) refund any duties and interest paid with re-
spect to such entry.
SEC. 15. INJURY DETERMINATIONS FOR CERTAIN COUN-
TERVAILING DUTY ORDERS.
(a) IN GENERAL.—Section 753 of the Tariff Act of
1930 (19 U.S.C. 1675b) is amended—
(1) by inserting ‘‘or section 701(c)’’ after ‘‘sec-
tion 303’’ each place it appears in the section heading
and text; and
(2) in subsections (a)(2) and (c) by striking
‘‘under section 303(a)(2)’’;
SEC. 16. TREATMENT OF DIFFERENCE BETWEEN COLLEC-
TIONS OF ESTIMATED ANTIDUMPING DUTY
AND FINAL ASSESSED DUTY UNDER ANTI-
DUMPING DUTY ORDER.
Section 737(a) of the Tariff Act of 1930 (19 U.S.C.
1673f(a)) is amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘deposit collected’’ and inserting ‘‘deposit, or
the amount of any bond or other security, required’’;
(2) in paragraph (1) by striking ‘‘the cash de-
posit collected’’ and inserting ‘‘that the cash deposit,
bond, or other security’’; and
(3) in paragraph (2) by striking ‘‘refunded, to
the extent the cash deposit’’ and inserting ‘‘refunded
or released, to the extent that the cash deposit, bond,
or other security’’.