fabric, or group of fibers, the term ‘‘component 
of the good that determines the tariff classifica-
tion of the good’’ means all of the fibers in the 
yarn, fabric, or group of fibers. 
(2) GOODS
PUT
UP
IN
SETS
FOR
RETAIL 
SALE.—Notwithstanding the rules set forth in Annex 
3–A of the Agreement, textile or apparel goods clas-
sifiable as goods put up in sets for retail sale as pro-
vided for in General Rule of Interpretation 3 of the 
HTS shall not be considered to be originating goods 
unless each of the goods in the set is an originating 
good or the total value of the nonoriginating goods 
in the set does not exceed 10 percent of the value 
of the set determined for purposes of assessing cus-
toms duties. 
(i) DEFINITIONS.—In this section: 
(1) DIRECT
COSTS
OF
PROCESSING
OPER-
ATIONS.— 
(A) IN GENERAL.—The term ‘‘direct costs 
of processing operations’’, with respect to a 
good, includes, to the extent they are includable 
in the appraised value of the good when im-
ported into Oman or the United States, as the 
case may be, the following: 
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(i) All actual labor costs involved in 
the growth, production, or manufacture of 
the good, including fringe benefits, on-the- 
job training, and the cost of engineering, 
supervisory, quality control, and similar 
personnel. 
(ii) Tools, dies, molds, and other indi-
rect materials, and depreciation on ma-
chinery and equipment that are allocable 
to the good. 
(iii) Research, development, design, 
engineering, and blueprint costs, to the ex-
tent that they are allocable to the good. 
(iv) Costs of inspecting and testing 
the good. 
(v) Costs of packaging the good for 
export to the territory of the other country. 
(B) EXCEPTIONS.—The term ‘‘direct costs 
of processing operations’’ does not include costs 
that are not directly attributable to a good or 
are not costs of growth, production, or manu-
facture of the good, such as— 
(i) profit; and 
(ii) general expenses of doing business 
that are either not allocable to the good or 
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are not related to the growth, production, 
or manufacture of the good, such as ad-
ministrative salaries, casualty and liability 
insurance, advertising, and sales staff sala-
ries, commissions, or expenses. 
(2) GOOD.—The term ‘‘good’’ means any mer-
chandise, product, article, or material. 
(3) GOOD WHOLLY THE GROWTH, PRODUCT, OR 
MANUFACTURE OF OMAN OR THE UNITED STATES, 
OR
BOTH.—The term ‘‘good wholly the growth, 
product, or manufacture of Oman or the United 
States, or both’’ means— 
(A) a mineral good extracted in the terri-
tory of Oman or the United States, or both; 
(B) a vegetable good, as such a good is 
provided for in the HTS, harvested in the terri-
tory of Oman or the United States, or both; 
(C) a live animal born and raised in the 
territory of Oman or the United States, or 
both; 
(D) a good obtained from live animals 
raised in the territory of Oman or the United 
States, or both; 
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(E) a good obtained from hunting, trap-
ping, or fishing in the territory of Oman or the 
United States, or both; 
(F) a good (fish, shellfish, and other ma-
rine life) taken from the sea by vessels reg-
istered or recorded with Oman or the United 
States and flying the flag of that country; 
(G) a good produced from goods referred 
to in subparagraph (F) on board factory ships 
registered or recorded with Oman or the United 
States and flying the flag of that country; 
(H) a good taken by Oman or the United 
States or a person of Oman or the United 
States from the seabed or beneath the seabed 
outside territorial waters, if Oman or the 
United States, as the case may be, has rights 
to exploit such seabed; 
(I) a good taken from outer space, if such 
good is obtained by Oman or the United States 
or a person of Oman or the United States and 
not processed in the territory of a country other 
than Oman or the United States; 
(J) waste and scrap derived from— 
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(i) production or manufacture in the 
territory of Oman or the United States, or 
both; or 
(ii) used goods collected in the terri-
tory of Oman or the United States, or 
both, if such goods are fit only for the re-
covery of raw materials; 
(K) a recovered good derived in the terri-
tory of Oman or the United States from used 
goods and utilized in the territory of that coun-
try in the production of remanufactured goods; 
and 
(L) a good produced in the territory of 
Oman or the United States, or both, exclu-
sively— 
(i) from goods referred to in subpara-
graphs (A) through (J), or 
(ii) from the derivatives of goods re-
ferred to in clause (i), 
at any stage of production. 
(4) INDIRECT MATERIAL.—The term ‘‘indirect 
material’’ means a good used in the growth, produc-
tion, manufacture, testing, or inspection of a good 
but not physically incorporated into the good, or a 
good used in the maintenance of buildings or the op-
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eration of equipment associated with the growth, 
production, or manufacture of a good, including— 
(A) fuel and energy; 
(B) tools, dies, and molds; 
(C) spare parts and materials used in the 
maintenance of equipment and buildings; 
(D) lubricants, greases, compounding ma-
terials, and other materials used in the growth, 
production, or manufacture of a good or used 
to operate equipment and buildings; 
(E) gloves, glasses, footwear, clothing, 
safety equipment, and supplies; 
(F) equipment, devices, and supplies used 
for testing or inspecting the good; 
(G) catalysts and solvents; and 
(H) any other goods that are not incor-
porated into the good but the use of which in 
the growth, production, or manufacture of the 
good can reasonably be demonstrated to be a 
part of that growth, production, or manufac-
ture. 
(5) MATERIAL.—The term ‘‘material’’ means a 
good, including a part or ingredient, that is used in 
the growth, production, or manufacture of another 
good that is a new or different article of commerce 
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that has been grown, produced, or manufactured in 
Oman or the United States, or both. 
(6) MATERIAL PRODUCED IN THE TERRITORY 
OF OMAN OR THE UNITED STATES, OR BOTH.—The 
term ‘‘material produced in the territory of Oman or 
the United States, or both’’ means a good that is ei-
ther wholly the growth, product, or manufacture of 
Oman or the United States, or both, or a new or dif-
ferent article of commerce that has been grown, pro-
duced, or manufactured in the territory of Oman or 
the United States, or both. 
(7) NEW
OR
DIFFERENT
ARTICLE
OF
COM-
MERCE.— 
(A) IN GENERAL.—The term ‘‘new or dif-
ferent article of commerce’’ means, except as 
provided in subparagraph (B), a good that— 
(i) has been substantially transformed 
from a good or material that is not wholly 
the growth, product, or manufacture of 
Oman or the United States, or both; and 
(ii) has a new name, character, or use 
distinct from the good or material from 
which it was transformed. 
(B) EXCEPTION.—A good shall not be con-
sidered a new or different article of commerce 
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by virtue of having undergone simple combining 
or packaging operations, or mere dilution with 
water or another substance that does not mate-
rially alter the characteristics of the good. 
(8) RECOVERED GOODS.—The term ‘‘recovered 
goods’’ means materials in the form of individual 
parts that result from— 
(A) the disassembly of used goods into in-
dividual parts; and 
(B) the cleaning, inspecting, testing, or 
other processing of those parts as necessary for 
improvement to sound working condition. 
(9) REMANUFACTURED GOOD.—The term ‘‘re-
manufactured good’’ means an industrial good that 
is assembled in the territory of Oman or the United 
States and that— 
(A) is entirely or partially comprised of re-
covered goods; 
(B) has a similar life expectancy to a like 
good that is new; and 
(C) enjoys a factory warranty similar to 
that of a like good that is new. 
(10) SIMPLE COMBINING OR PACKAGING OPER-
ATIONS.—The term ‘‘simple combining or packaging 
operations’’ means operations such as adding bat-
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teries to devices, fitting together a small number of 
components by bolting, gluing, or soldering, and re-
packing or packaging components together. 
(11) 
SUBSTANTIALLY
TRANSFORMED.—The 
term ‘‘substantially transformed’’ means, with re-
spect to a good or material, changed as the result 
of a manufacturing or processing operation so 
that— 
(A)(i) the good or material is converted 
from a good that has multiple uses into a good 
or material that has limited uses; 
(ii) the physical properties of the good or 
material are changed to a significant extent; or 
(iii) the operation undergone by the good 
or material is complex by reason of the number 
of different processes and materials involved 
and the time and level of skill required to per-
form those processes; and 
(B) the good or material loses its separate 
identity in the manufacturing or processing op-
eration. 
(j) PRESIDENTIAL PROCLAMATION AUTHORITY.— 
(1) IN GENERAL.—The President is authorized 
to proclaim, as part of the HTS— 
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(A) the provisions set forth in Annex 3–A 
and Annex 4–A of the Agreement; and 
(B) any additional subordinate category 
that is necessary to carry out this title, con-
sistent with the Agreement. 
(2) MODIFICATIONS.— 
(A) IN GENERAL.—Subject to the consulta-
tion and layover provisions of section 104, the 
President may proclaim modifications to the 
provisions proclaimed under the authority of 
paragraph (1)(A), other than provisions of 
chapters 50 through 63 of the HTS (as in-
cluded in Annex 3–A of the Agreement). 
(B) ADDITIONAL
PROCLAMATIONS.—Not-
withstanding subparagraph (A), and subject to 
the consultation and layover provisions of sec-
tion 104, the President may proclaim— 
(i) modifications to the provisions pro-
claimed under the authority of paragraph 
(1)(A) as are necessary to implement an 
agreement with Oman pursuant to article 
3.2.5 of the Agreement; and 
(ii) before the end of the 1-year period 
beginning on the date of the enactment of 
this Act, modifications to correct any typo-
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graphical, clerical, or other nonsubstantive 
technical error regarding the provisions of 
chapters 50 through 63 of the HTS (as in-
cluded in Annex 3–A of the Agreement). 
SEC. 203. CUSTOMS USER FEES. 
Section 13031(b) of the Consolidated Omnibus Budg-
et Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is 
amended by adding after paragraph (16) the following: 
‘‘(17) No fee may be charged under subsection (a) 
(9) or (10) with respect to goods that qualify as origi-
nating goods under section 202 of the United States- 
Oman Free Trade Agreement Implementation Act. Any 
service for which an exemption from such fee is provided 
by reason of this paragraph may not be funded with 
money contained in the Customs User Fee Account.’’. 
SEC. 204. ENFORCEMENT RELATING TO TRADE IN TEXTILE 
AND APPAREL GOODS. 
(a) ACTION DURING VERIFICATION.— 
(1) IN
GENERAL.—If the Secretary of the 
Treasury requests the Government of Oman to con-
duct a verification pursuant to article 3.3 of the 
Agreement for purposes of making a determination 
under paragraph (2), the President may direct the 
Secretary to take appropriate action described in 
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subsection (b) while the verification is being con-
ducted. 
(2) DETERMINATION.—A determination under 
this paragraph is a determination— 
(A) that an exporter or producer in Oman 
is complying with applicable customs laws, reg-
ulations, procedures, requirements, or practices 
affecting trade in textile or apparel goods; or 
(B) that a claim that a textile or apparel 
good exported or produced by such exporter or 
producer— 
(i) qualifies as an originating good 
under section 202, or 
(ii) is a good of Oman, 
is accurate. 
(b) APPROPRIATE ACTION DESCRIBED.—Appropriate 
action under subsection (a)(1) includes— 
(1) suspension of liquidation of the entry of any 
textile or apparel good exported or produced by the 
person that is the subject of a verification referred 
to in subsection (a)(1) regarding compliance de-
scribed in subsection (a)(2)(A), in a case in which 
the request for verification was based on a reason-
able suspicion of unlawful activity related to such 
good; and 
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(2) suspension of liquidation of the entry of a 
textile or apparel good for which a claim has been 
made that is the subject of a verification referred to 
in subsection (a)(1) regarding a claim described in 
subsection (a)(2)(B). 
(c) ACTION
WHEN
INFORMATION
IS
INSUFFI-
CIENT.—If the Secretary of the Treasury determines that 
the information obtained within 12 months after making 
a request for a verification under subsection (a)(1) is in-
sufficient to make a determination under subsection 
(a)(2), the President may direct the Secretary to take ap-
propriate action described in subsection (d) until such 
time as the Secretary receives information sufficient to 
make a determination under subsection (a)(2) or until 
such earlier date as the President may direct. 
(d) APPROPRIATE
ACTION
DESCRIBED.—Appro-
priate action referred to in subsection (c) includes— 
(1) publication of the name and address of the 
person that is the subject of the verification; 
(2) denial of preferential tariff treatment under 
the Agreement to— 
(A) any textile or apparel good exported or 
produced by the person that is the subject of a 
verification referred to in subsection (a)(1) re-
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garding compliance described in subsection 
(a)(2)(A); or 
(B) a textile or apparel good for which a 
claim has been made that is the subject of a 
verification referred to in subsection (a)(1) re-
garding 
a 
claim 
described 
in 
subsection 
(a)(2)(B); and 
(3) denial of entry into the United States of— 
(A) any textile or apparel good exported or 
produced by the person that is the subject of a 
verification referred to in subsection (a)(1) re-
garding compliance described in subsection 
(a)(2)(A); or 
(B) a textile or apparel good for which a 
claim has been made that is the subject of a 
verification referred to in subsection (a)(1) re-
garding 
a 
claim 
described 
in 
subsection 
(a)(2)(B). 
SEC. 205. RELIQUIDATION OF ENTRIES. 
Subsection (d) of section 520 of the Tariff Act of 
1930 (19 U.S.C. 1520(d)) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘or’’; and 
(B) by striking ‘‘for which’’ and inserting 
‘‘, or section 202 of the United States-Oman 
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Free Trade Agreement Implementation Act for 
which’’; and 
(2) in paragraph (3), by inserting ‘‘and infor-
mation’’ after ‘‘documentation’’. 
SEC. 206. REGULATIONS. 
The Secretary of the Treasury shall prescribe such 
regulations as may be necessary to carry out— 
(1) subsections (a) through (i) of section 202; 
(2) the amendment made by section 203; and 
(3) proclamations issued under section 202(j). 
TITLE III—RELIEF FROM 
IMPORTS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) OMANI ARTICLE.—The term ‘‘Omani arti-
cle’’ means an article that— 
(A) qualifies as an originating good under 
section 202(b); or 
(B) receives preferential tariff treatment 
under paragraphs 8 through 11 of article 3.2 of 
the Agreement. 
(2) OMANI TEXTILE OR APPAREL ARTICLE.— 
The term ‘‘Omani textile or apparel article’’ means 
an article that— 
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(A) is listed in the Annex to the Agree-
ment on Textiles and Clothing referred to in 
section 101(d)(4) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(4)); and 
(B) is an Omani article. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the United States International Trade Com-
mission. 
Subtitle A—Relief From Imports 
Benefiting From the Agreement 
SEC. 311. COMMENCING OF ACTION FOR RELIEF. 
(a) FILING OF PETITION.—A petition requesting ac-
tion under this subtitle for the purpose of adjusting to 
the obligations of the United States under the Agreement 
may be filed with the Commission by an entity, including 
a trade association, firm, certified or recognized union, or 
group of workers, that is representative of an industry. 
The Commission shall transmit a copy of any petition filed 
under this subsection to the United States Trade Rep-
resentative. 
(b) INVESTIGATION
AND DETERMINATION.—Upon 
the filing of a petition under subsection (a), the Commis-
sion, 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 
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Agreement, an Omani article is being imported into the 
United States in such increased quantities, in absolute 
terms or relative to domestic production, and under such 
conditions that imports of the Omani article constitute a 
substantial cause of serious injury or threat thereof to the 
domestic industry producing an article that is like, or di-
rectly competitive with, the imported article. 
(c) APPLICABLE PROVISIONS.—The following provi-
sions of section 202 of the Trade Act of 1974 (19 U.S.C. 
2252) apply with respect to any investigation initiated 
under subsection (b): 
(1) Paragraphs (1)(B) and (3) of subsection 
(b). 
(2) Subsection (c). 
(3) Subsection (i). 
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No 
investigation may be initiated under this section with re-
spect to any Omani article if, after the date on which the 
Agreement enters into force with respect to the United 
States, import relief has been provided with respect to that 
Omani article under this subtitle. 
SEC. 312. COMMISSION ACTION ON PETITION. 
(a) DETERMINATION.—Not later than 120 days after 
the date on which an investigation is initiated under sec-
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tion 311(b) with respect to a petition, the Commission 
shall make the determination required under that section. 
(b) APPLICABLE PROVISIONS.—For purposes of this 
subtitle, the provisions of paragraphs (1), (2), and (3) of 
section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d) (1), (2), and (3)) shall be applied with respect 
to determinations and findings made under this section 
as if such determinations and findings were made under 
section 202 of the Trade Act of 1974 (19 U.S.C. 2252). 
(c) ADDITIONAL FINDING AND RECOMMENDATION IF 
DETERMINATION AFFIRMATIVE.— 
(1) IN GENERAL.—If the determination made 
by the Commission under subsection (a) with respect 
to imports of an article is affirmative, or if the 
President may consider a determination of the Com-
mission to be an affirmative determination as pro-
vided for under paragraph (1) of section 330(d) of 
the Tariff Act of 1930 (19 U.S.C. 1330(d)), the 
Commission shall find, and recommend to the Presi-
dent in the report required under subsection (d), the 
amount of import relief that is necessary to remedy 
or prevent the injury found by the Commission in 
the determination and to facilitate the efforts of the 
domestic industry to make a positive adjustment to 
import competition. 
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(2) LIMITATION ON RELIEF.—The import relief 
recommended by the Commission under this sub-
section shall be limited to that described in section 
313(c). 
(3) VOTING; SEPARATE
VIEWS.—Only those 
members of the Commission who voted in the af-
firmative under subsection (a) are eligible to vote on 
the proposed action to remedy or prevent the injury 
found by the Commission. Members of the Commis-
sion who did not vote in the affirmative may submit, 
in the report required under subsection (d), separate 
views regarding what action, if any, should be taken 
to remedy or prevent the injury. 
(d) REPORT TO PRESIDENT.—Not later than the 
date that is 30 days after the date on which a determina-
tion is made under subsection (a) with respect to an inves-
tigation, the Commission shall submit to the President a 
report that includes— 
(1) the determination made under subsection 
(a) and an explanation of the basis for the deter-
mination; 
(2) if the determination under subsection (a) is 
affirmative, any findings and recommendations for 
import relief made under subsection (c) and an ex-
planation of the basis for each recommendation; and 
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(3) any dissenting or separate views by mem-
bers of the Commission regarding the determination 
and recommendation referred to in paragraphs (1) 
and (2). 
(e) PUBLIC NOTICE.—Upon submitting a report to 
the President under subsection (d), the Commission shall 
promptly make public such report (with the exception of 
information which the Commission determines to be con-
fidential) and shall cause a summary thereof to be pub-
lished in the Federal Register. 
SEC. 313. PROVISION OF RELIEF. 
(a) IN GENERAL.—Not later than the date that is 
30 days after the date on which the President receives the 
report of the Commission in which the Commission’s de-
termination under section 312(a) is affirmative, or which 
contains a determination under section 312(a) that the 
President considers to be affirmative under paragraph (1) 
of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d)(1)), the President, subject to subsection (b), shall 
provide relief from imports of the article that is the subject 
of such determination to the extent that the President de-
termines necessary to remedy or prevent the injury found 
by the Commission and to facilitate the efforts of the do-
mestic industry to make a positive adjustment to import 
competition. 
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(b) EXCEPTION.—The President is not required to 
provide import relief under this section if the President 
determines that the provision of the import relief will not 
provide greater economic and social benefits than costs. 
(c) NATURE OF RELIEF.— 
(1) IN GENERAL.—The import relief that the 
President is authorized to provide under this section 
with respect to imports of an article is as follows: 
(A) The suspension of any further reduc-
tion provided for under Annex 2–B 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— 
(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. 
(2) PROGRESSIVE LIBERALIZATION.—If the pe-
riod for which import relief is provided under this 
section is greater than 1 year, the President shall 
provide for the progressive liberalization of such re-
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lief at regular intervals during the period in which 
the relief is in effect. 
(d) PERIOD OF RELIEF.— 
(1) IN GENERAL.—Subject to paragraph (2), 
any import relief that the President provides under 
this section may not, in the aggregate, be in effect 
for more than 3 years. 
(2) EXTENSION.— 
(A) IN GENERAL.—If the initial period for 
any import relief provided under this section is 
less than 3 years, the President, after receiving 
a determination from the Commission under 
subparagraph (B) that is affirmative, or which 
the President considers to be affirmative under 
paragraph (1) of section 330(d) of the Tariff 
Act of 1930 (19 U.S.C. 1330(d)(1)), may ex-
tend the effective period of any import relief 
provided under this section, subject to the limi-
tation under paragraph (1), if the President de-
termines that— 
(i) the import relief continues to be 
necessary to remedy or prevent serious in-
jury and to facilitate adjustment by the do-
mestic industry to import competition; and 
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(ii) there is evidence that the industry 
is making a positive adjustment to import 
competition. 
(B) ACTION BY COMMISSION.— 
(i) INVESTIGATION.—Upon a petition 
on behalf of the industry concerned that is 
filed with the Commission not earlier than 
the date which is 9 months, and not later 
than the date which is 6 months, before 
the date any action taken under subsection 
(a) is to terminate, the Commission shall 
conduct an investigation to determine 
whether action under this section continues 
to be necessary to remedy or prevent seri-
ous injury and to facilitate adjustment by 
the domestic industry to import competi-
tion and whether there is evidence that the 
industry is making a positive adjustment 
to import competition. 
(ii) 
NOTICE
AND
HEARING.—The 
Commission shall publish notice of the 
commencement of any proceeding under 
this subparagraph in the Federal Register 
and shall, within a reasonable time there-
after, hold a public hearing at which the 
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Commission shall afford interested parties 
and consumers an opportunity to be 
present, to present evidence, and to re-
spond to the presentations of other parties 
and consumers, and otherwise to be heard. 
(iii) REPORT.—The Commission shall 
transmit to the President a report on its 
investigation and determination under this 
subparagraph not later than 60 days be-
fore the action under subsection (a) is to 
terminate, unless the President specifies a 
different date. 
(e) RATE AFTER TERMINATION
OF IMPORT RE-
LIEF.—When import relief under this section is termi-
nated with respect to an article, the rate of duty on that 
article shall be the rate that would have been in effect, 
but for the provision of such relief, on the date on which 
the relief terminates. 
(f) ARTICLES EXEMPT FROM RELIEF.—No import 
relief may be provided under this section on any article 
that has been subject to import relief under this subtitle 
after the date on which the Agreement enters into force. 
SEC. 314. TERMINATION OF RELIEF AUTHORITY. 
(a) GENERAL RULE.—Subject to subsection (b), no 
import relief may be provided under this subtitle after the 
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date that is 10 years after the date on which the Agree-
ment enters into force. 
(b) PRESIDENTIAL DETERMINATION.—Import relief 
may be provided under this subtitle in the case of an 
Omani article after the date on which such relief would, 
but for this subsection, terminate under subsection (a), 
if the President determines that Oman has consented to 
such relief. 
SEC. 315. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under section 313 shall be treated as action taken 
under chapter 1 of title II of such Act (19 U.S.C. 2251 
et seq.). 
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 
Section 202(a)(8) of the Trade Act of 1974 (19 
U.S.C. 2252(a)(8)) is amended in the first sentence— 
(1) by striking ‘‘and’’; and 
(2) by inserting before the period at the end ‘‘, 
and title III of the United States-Oman Free Trade 
Agreement Implementation Act’’. 
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Subtitle B—Textile and Apparel 
Safeguard Measures 
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 
(a) IN GENERAL.—A request under this subtitle for 
the purpose of adjusting to the obligations of the United 
States under the Agreement may be filed with the Presi-
dent by an interested party. Upon the filing of a request, 
the President shall review the request to determine, from 
information presented in the request, whether to com-
mence consideration of the request. 
(b) PUBLICATION OF REQUEST.—If the President de-
termines that the request under subsection (a) provides 
the information necessary for the request to be considered, 
the President shall cause to be published in the Federal 
Register a notice of commencement of consideration of the 
request, and notice seeking public comments regarding the 
request. The notice shall include a summary of the request 
and the dates by which comments and rebuttals must be 
received. 
SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 
(a) DETERMINATION.— 
(1) IN GENERAL.—If a positive determination is 
made under section 321(b), the President shall de-
termine whether, as a result of the reduction or 
elimination of a duty under the Agreement, an 
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Omani textile or apparel article is being imported 
into the United States in such increased quantities, 
in absolute terms or relative to the domestic market 
for that article, and under such conditions as to 
cause serious damage, or actual threat thereof, to a 
domestic industry producing an article that is like, 
or directly competitive with, the imported article. 
(2) SERIOUS
DAMAGE.—In making a deter-
mination under paragraph (1), the President— 
(A) shall examine the effect of increased 
imports on the domestic industry, as reflected 
in changes in such relevant economic factors as 
output, productivity, utilization of capacity, in-
ventories, market share, exports, wages, em-
ployment, domestic prices, profits, and invest-
ment, none of which is necessarily decisive; and 
(B) shall not consider changes in tech-
nology or consumer preference as factors sup-
porting a determination of serious damage or 
actual threat thereof. 
(b) PROVISION OF RELIEF.— 
(1) IN
GENERAL.—If a determination under 
subsection (a) is affirmative, the President may pro-
vide relief from imports of the article that is the 
subject of such determination, as described in para-
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graph (2), to the extent that the President deter-
mines necessary to remedy or prevent the serious 
damage and to facilitate adjustment by the domestic 
industry to import competition. 
(2) NATURE OF RELIEF.—The relief that the 
President is authorized to provide under this sub-
section with respect to imports of an article is an in-
crease in the rate of duty imposed on the article to 
a level that does not exceed the lesser of— 
(A) the column 1 general rate of duty im-
posed under the HTS on like articles at the 
time the import relief is provided; or 
(B) the column 1 general rate of duty im-
posed under the HTS on like articles on the 
day before the date on which the Agreement en-
ters into force. 
SEC. 323. PERIOD OF RELIEF. 
(a) IN GENERAL.—Subject to subsection (b), any im-
port relief that the President provides under subsection 
(b) of section 322 may not, in the aggregate, be in effect 
for more than 3 years. 
(b) EXTENSION.—If the initial period for any import 
relief provided under section 322 is less than 3 years, the 
President may extend the effective period of any import 
relief provided under that section, subject to the limitation 
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set forth in subsection (a), if the President determines 
that— 
(1) the import relief continues to be necessary 
to remedy or prevent serious damage and to facili-
tate adjustment by the domestic industry to import 
competition; and 
(2) there is evidence that the industry is mak-
ing a positive adjustment to import competition. 
SEC. 324. ARTICLES EXEMPT FROM RELIEF. 
The President may not provide import relief under 
this subtitle with respect to any article if— 
(1) the article has been subject to import relief 
under this subtitle after the date on which the 
Agreement enters into force; or 
(2) the article is subject to import relief under 
chapter 1 of title II of the Trade Act of 1974 (19 
U.S.C. 2251 et seq.). 
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. 
When import relief under this subtitle is terminated 
with respect to an article, the rate of duty on that article 
shall be the rate that would have been in effect, but for 
the provision of such relief, on the date on which the relief 
terminates. 
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SEC. 326. TERMINATION OF RELIEF AUTHORITY. 
No import relief may be provided under this subtitle 
with respect to any article after the date that is 10 years 
after the date on which duties on the article are eliminated 
pursuant to the Agreement. 
SEC. 327. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under this subtitle shall be treated as action taken 
under chapter 1 of title II of such Act. 
SEC. 328. CONFIDENTIAL BUSINESS INFORMATION. 
The President may not release information that is 
submitted in a proceeding under this subtitle and that the 
President considers to be confidential business informa-
tion unless the party submitting the confidential business 
information had notice, at the time of submission, that 
such information would be released, or such party subse-
quently consents to the release of the information. To the 
extent a party submits confidential business information 
to the President in a proceeding under this subtitle, the 
party shall also submit a nonconfidential version of the 
information, in which the confidential business informa-
tion is summarized or, if necessary, deleted. 
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TITLE IV—PROCUREMENT 
SEC. 401. ELIGIBLE PRODUCTS. 
Section 308(4)(A) of the Trade Agreements Act of 
1979 (19 U.S.C. 2518(4)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (iv); 
(2) by striking the period at the end of clause 
(v) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(vi) a party to the United States- 
Oman Free Trade Agreement, a product or 
service of that country or instrumentality 
which is covered under that Agreement for 
procurement by the United States.’’. 
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Union Calendar No. 328 
109TH CONGRESS 
2D SESSION 
H. R. 5684 
[Report No. 109–574] 
A BILL 
To implement the United States-Oman Free Trade 
Agreement. 
JULY 17, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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