SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘United States-Singapore Free Trade Agreement Imple-
mentation Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING
TO, THE AGREEMENT
Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the agreement to United States and State law.
Sec. 103. Consultation and layover provisions for, and effective date of, pro-
claimed actions.
Sec. 104. Implementing actions in anticipation of entry into force and initial
regulations.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Arbitration of certain claims.
Sec. 107. Effective dates; effect of termination.
TITLE II—CUSTOMS PROVISIONS
Sec. 201. Tariff modifications.
Sec. 202. Rules of origin.
Sec. 203. Customs user fees.
Sec. 204. Disclosure of incorrect information.
Sec. 205. Enforcement relating to trade in textile and apparel goods.
Sec. 206. Regulations.
TITLE III—RELIEF FROM IMPORTS
Sec. 301. Definitions.
Subtitle A—Relief From Imports Benefiting From the Agreement
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.
Sec. 313. Provision of relief.
Sec. 314. Termination of relief authority.
Sec. 315. Compensation authority.
Sec. 316. Confidential business information.
Subtitle B—Textile and Apparel Safeguard Measures
Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.
Sec. 323. Period of relief.
Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.
Sec. 326. Termination of relief authority.
Sec. 327. Compensation authority.
Sec. 328. Business confidential information.
Subtitle C—Cases Under Title II of the Trade Act of 1974
Sec. 331. Findings and action on goods from Singapore.
TITLE IV—TEMPORARY ENTRY OF BUSINESS PERSONS
Sec. 401. Nonimmigrant traders and investors.
Sec. 402. Nonimmigrant professionals.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to approve and implement the Free Trade
Agreement between the United States and the Re-
public of Singapore entered into under the authority
of section 2103(b) of the Bipartisan Trade Pro-
motion Authority Act of 2002;
(2) to strengthen and develop economic rela-
tions between the United States and Singapore for
their mutual benefit;
(3) to establish free trade between the 2 nations
through the reduction and elimination of barriers to
trade in goods and services and to investment; and
(4) to lay the foundation for further coopera-
tion to expand and enhance the benefits of such
Agreement.
SEC. 3. DEFINITIONS.
In this Act:
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’
means the United States-Singapore Free Trade
Agreement approved by Congress under section
101(a).
(2) HTS.—The term ‘‘HTS’’ means the Har-
monized Tariff Schedule of the United States.
TITLE 
I—APPROVAL 
OF, 
AND
GENERAL 
PROVISIONS 
RE-
LATING TO, THE AGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE
AGREEMENT.
(a) APPROVAL OF AGREEMENT AND STATEMENT OF
ADMINISTRATIVE ACTION.—Pursuant to section 2105 of
the Bipartisan Trade Promotion Authority Act of 2002
(19 U.S.C. 3805) and section 151 of the Trade Act of
1974 (19 U.S.C. 2191), Congress approves—
(1) the United States-Singapore Free Trade
Agreement entered into on May 6, 2003, with the
Government of Singapore and submitted to Congress
on July 15, 2003; and
(2) the statement of administrative action pro-
posed to implement the Agreement that was sub-
mitted to Congress on July 15, 2003.
(b) CONDITIONS FOR ENTRY INTO FORCE OF THE
AGREEMENT.—At such time as the President determines
that Singapore has taken measures necessary to bring it
into compliance with those provisions of the Agreement
that take effect on the date on which the Agreement enters
into force, the President is authorized to exchange notes
with the Government of Singapore providing for the entry
into force, on or after January 1, 2004, of the Agreement
for the United States.
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED
STATES AND STATE LAW.
(a) RELATIONSHIP
OF AGREEMENT
TO UNITED
STATES LAW.—
(1) UNITED STATES LAW TO PREVAIL IN CON-
FLICT.—No provision of the Agreement, nor the ap-
plication of any such provision to any person or cir-
cumstance, which is inconsistent with any law of the
United States shall have effect.
(2) CONSTRUCTION.—Nothing in this Act shall
be construed—
(A) to amend or modify any law of the
United States, or
(B) to limit any authority conferred under
any law of the United States,
unless specifically provided for in this Act.
(b) RELATIONSHIP
OF
AGREEMENT
TO
STATE
LAW.—
(1) LEGAL CHALLENGE.—No State law, or the
application thereof, may be declared invalid as to
any person or circumstance on the ground that the
provision or application is inconsistent with the
Agreement, except in an action brought by the
United States for the purpose of declaring such law
or application invalid.
(2) DEFINITION OF STATE LAW.—For purposes
of this subsection, the term ‘‘State law’’ includes—
(A) any law of a political subdivision of a
State; and
(B) any State law regulating or taxing the
business of insurance.
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRI-
VATE REMEDIES.—No person other than the United
States—
(1) shall have any cause of action or defense
under the Agreement or by virtue of congressional
approval thereof; or
(2) may challenge, in any action brought under
any provision of law, any action or inaction by any
department, agency, or other instrumentality of the
United States, any State, or any political subdivision
of a State on the ground that such action or inaction
is inconsistent with the Agreement.
SEC. 103. CONSULTATION AND LAYOVER PROVISIONS FOR,
AND EFFECTIVE DATE OF, PROCLAIMED AC-
TIONS.
(a) 
CONSULTATION
AND
LAYOVER
REQUIRE-
MENTS.—If a provision of this Act provides that the imple-
mentation of an action by the President by proclamation
is subject to the consultation and layover requirements of
this section, such action may be proclaimed only if—
(1) the President has obtained advice regarding
the proposed action from—
(A) the appropriate advisory committees
established under section 135 of the Trade Act
of 1974; and
(B) the United States International Trade
Commission;
(2) the President has submitted a report to the
Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Rep-
resentatives that sets forth—
(A) the action proposed to be proclaimed
and the reasons therefor; and
(B) the advice obtained under paragraph
(1);
(3) a period of 60 calendar days beginning on
the first day on which the requirements of para-
graphs (1) and (2) have been met has expired; and
(4) the President has consulted with such Com-
mittees regarding the proposed action during the pe-
riod referred to in paragraph (3).
(b) EFFECTIVE DATE OF CERTAIN PROCLAIMED AC-
TIONS.—Any action proclaimed by the President under the
authority of this Act that is not subject to the consultation
and layover provisions under subsection (a) may not take
effect before the 15th day after the date on which the text
of the proclamation is published in the Federal Register.
SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF
ENTRY INTO FORCE AND INITIAL REGULA-
TIONS.
(a) IMPLEMENTING ACTIONS.—
(1) PROCLAMATION
AUTHORITY.—After the
date of enactment of this Act—
(A) the President may proclaim such ac-
tions, and
(B) other appropriate officers of the
United States Government may issue such
regulations—
as may be necessary to ensure that any provision of
this Act, or amendment made by this Act, that takes
effect on the date the Agreement enters into force
is appropriately implemented on such date, but no
such proclamation or regulation may have an effec-
tive date earlier than the date of entry into force.
(2) WAIVER OF 15-DAY RESTRICTION.—The 15-
day restriction in section 103(b) on the taking effect
of proclaimed actions is waived to the extent that
the application of such restriction would prevent the
taking effect on the date the Agreement enters into
force of any action proclaimed under this section.
(b) INITIAL REGULATIONS.—Initial regulations nec-
essary or appropriate to carry out the actions required by
or authorized under this Act or proposed in the statement
of 
administrative 
action 
submitted 
under 
section
101(a)(2) to implement the Agreement shall, to the max-
imum extent feasible, be issued within 1 year after the
date of entry into force of the Agreement. In the case of
any implementing action that takes effect on a date after
the date of entry into force of the Agreement, initial regu-
lations to carry out that action shall, to the maximum ex-
tent feasible, be issued within 1 year after such effective
date.
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PRO-
CEEDINGS.
(a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—
The President is authorized to establish or designate with-
in the Department of Commerce an office that shall be
responsible for providing administrative assistance to pan-
els established under chapter 20 of the Agreement. Such
office may not be considered to be an agency for purposes
of section 552 of title 5, United States Code.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated for each fiscal year after
fiscal year 2003 to the Department of Commerce such
sums as may be necessary for the establishment and oper-
ations of the office under subsection (a) and for the pay-
ment of the United States share of the expenses of panels
established under chapter 20 of the Agreement.
SEC. 106. ARBITRATION OF CERTAIN CLAIMS.
(a) SUBMISSION OF CERTAIN CLAIMS.—The United
States is authorized to resolve any claim against the
United States covered by article 15.15.1(a)(i)(C) or article
15.15.1(b)(i)(C) of the Agreement, pursuant to the Inves-
tor-State Dispute Settlement procedures set forth in sec-
tion C of chapter 15 of the Agreement.
(b) CONTRACT CLAUSES.—All contracts executed by
any agency of the United States on or after the date of
entry into force of the Agreement shall contain a clause
specifying the law that will apply to resolve any breach
of contract claim.
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) EFFECTIVE DATES.—Except as provided in sub-
section (b), the provisions of this Act and the amendments
made by this Act take effect on the date the Agreement
enters into force.
(b) EXCEPTIONS.—
(1) Sections 1 through 3 and this title take ef-
fect on the date of enactment of this Act.
(2) Section 205 takes effect on the date on
which the textile and apparel provisions of the
Agreement take effect pursuant to article 5.10 of
the Agreement.
(c) TERMINATION
OF
THE AGREEMENT.—On the
date on which the Agreement ceases to be in force, the
provisions of this Act (other than this subsection) and the
amendments made by this Act shall cease to be effective.
TITLE II—CUSTOMS PROVISIONS
SEC. 201. TARIFF MODIFICATIONS.
(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE
AGREEMENT.—The President may proclaim—
(1) such modifications or continuation of any
duty,
(2) such continuation of duty-free or excise
treatment, or
(3) such additional duties—
as the President determines to be necessary or appropriate
to carry out or apply articles 2.2, 2.5, 2.6, and 2.12 and
Annex 2B of the Agreement.
(b) OTHER TARIFF MODIFICATIONS.—Subject to the
consultation and layover provisions of section 103(a), the
President may proclaim—
(1) such modifications or continuation of any
duty,
(2) such modifications as the United States
may agree to with Singapore regarding the staging
of any duty treatment set forth in Annex 2B of the
Agreement,
(3) such continuation of duty-free or excise
treatment, or
(4) such additional duties—
as the President determines to be necessary or appropriate
to maintain the general level of reciprocal and mutually
advantageous concessions with respect to Singapore pro-
vided for by the Agreement.
(c) CONVERSION TO AD VALOREM RATES.—For pur-
poses of subsections (a) and (b), with respect to any good
for which the base rate in the Schedule of the United
States set forth in Annex 2B of the Agreement is a spe-
cific or compound rate of duty, the President may sub-
(b) DE MINIMIS AMOUNTS OF NONORIGINATING MA-
TERIALS.—
(1) IN GENERAL.—Except as provided for in
paragraphs (2) and (3), a good shall be considered
to be an originating good if—
(A) the value of all nonoriginating mate-
rials used in the production of the good that do
not undergo the required change in tariff classi-
fication under Annex 3A of the Agreement does
not exceed 10 percent of the adjusted value of
the good;
(B) if the good is subject to a regional
value-content requirement, the value of such
nonoriginating materials is taken into account
in calculating the regional value-content of the
good; and
(C) the good satisfies all other applicable
requirements of this section.
(2) EXCEPTIONS.—Paragraph (1) does not
apply to the following:
(A) A nonoriginating material provided for
in chapter 4 of the HTS or in subheading
1901.90 of the HTS that is used in the produc-
tion of a good provided for in chapter 4 of the
HTS.
(B) A nonoriginating material provided for
in chapter 4 of the HTS or in subheading
1901.90 of the HTS that is used in the produc-
tion of a good provided for in heading 2105 or
in any of subheadings 1901.10, 1901.20,
1901.90, 2106.90, 2202.90, and 2309.90 of the
HTS.
(C) A nonoriginating material provided for
in heading 0805, or any of subheadings
2009.11.00 through 2009.39, of the HTS, that
is used in the production of a good provided for
in any of subheadings 2009.11.00 through
2009.39 or in subheading 2106.90 or 2202.90
of the HTS.
(D) A nonoriginating material provided for
in chapter 15 of the HTS that is used in the
production of a good provided for in any of
headings 1501.00.00 through 1508, 1512,
1514, and 1515 of the HTS.
(E) A nonoriginating material provided for
in heading 1701 of the HTS that is used in the
production of a good provided for in any of
headings 1701 through 1703 of the HTS.
(F) A nonoriginating material provided for
in chapter 17 of the HTS or heading
1805.00.00 of the HTS that is used in the pro-
duction of a good provided for in subheading
1806.10 of the HTS.
(G) A nonoriginating material provided for
in any of headings 2203 through 2208 of the
HTS that is used in the production of a good
provided for in heading 2207 or 2208 of the
HTS.
(H) A nonoriginating material used in the
production of a good provided for in any of
chapters 1 through 21 of the HTS, unless the
nonoriginating material is provided for in a dif-
ferent subheading than the good for which ori-
gin is being determined under this section.
(3) GOODS
PROVIDED
FOR
IN
CHAPTERS
THROUGH 63 OF THE HTS.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), a good provided for in any
of chapters 50 through 63 of the HTS that is
not an originating good because certain fibers
or yarns used in the production of the compo-
nent of the good that determines the tariff clas-
sification of the good do not undergo an appli-
cable change in tariff classification set out in
Annex 3A of the Agreement shall be considered
to be an originating good if the total weight of
all such fibers or yarns in that component is
not more than 7 percent of the total weight of
that component.
(B) 
CERTAIN
TEXTILE
OR
APPAREL
GOODS.—
(i) 
TREATMENT
AS
ORIGINATING
GOOD.—A textile or apparel good con-
taining elastomeric yarns in the component
of the good that determines the tariff clas-
sification of the good shall be considered to
be an originating good only if such yarns
are wholly formed in the territory of Singa-
pore or the United States.
(ii) DEFINITION OF TEXTILE OR AP-
PAREL GOOD.—For purposes of this sub-
paragraph, the term ‘‘textile or apparel
good’’ means a product listed in the Annex
to the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the
Uruguay Round Agreements Act (19
U.S.C. 3511(d)(4)).
(c) ACCUMULATION.—
(1) ORIGINATING
GOODS
INCORPORATED
IN
GOODS OF OTHER COUNTRY.—Originating materials
from the territory of either Singapore or the United
States that are used in the production of a good in
the territory of the other country shall be considered
to originate in the territory of the other country.
(2) MULTIPLE PROCEDURES.—A good that is
produced in the territory of Singapore, the United
States, or both, by 1 or more producers is an origi-
nating good if the good satisfies the requirements of
subsection (a) and all other applicable requirements
of this section.
(d) REGIONAL VALUE-CONTENT.—
(1) IN GENERAL.—For purposes of subsection
(a)(2), the regional value-content of a good referred
to in Annex 3A of the Agreement shall be calculated,
at the choice of the person claiming preferential tar-
iff treatment for the good, on the basis of the build-
down method described in paragraph (2) or the
build-up method described in paragraph (3), unless
otherwise provided in Annex 3A of the Agreement.
(2) BUILD-DOWN METHOD.—
(A) IN GENERAL.—The regional value-con-
tent of a good may be calculated on the basis
of the following build-down method:
AV–VNM
RVC = ———— × 100
AV
(B) DEFINITIONS.—For purposes of sub-
paragraph (A):
(i) The term ‘‘RVC’’ means the re-
gional value-content, expressed as a per-
centage.
(ii) The term ‘‘AV’’ means the ad-
justed value.
(iii) The term ‘‘VNM’’ means the
value of nonoriginating materials that are
acquired and used by the producer in the
production of the good.
(3) BUILD-UP METHOD.—
(A) IN GENERAL.—The regional value-con-
tent of a good may be calculated on the basis
of the following build-up method:
VOM
RVC = ———— × 100
AV
(B) DEFINITIONS.—For purposes of sub-
paragraph (A):
(i) The term ‘‘RVC’’ means the re-
gional value-content, expressed as a per-
centage.
(ii) The term ‘‘AV’’ means the ad-
justed value.
(iii) The term ‘‘VOM’’ means the
value of originating materials that are ac-
quired or self-produced and are used by
the producer in the production of the good.
(e) VALUE OF MATERIALS.—
(1) IN GENERAL.—For purposes of calculating
the regional value-content of a good under sub-
section (d), and for purposes of applying the de
minimis rules under subsection (b), the value of a
material is—
(A) in the case of a material imported by
the producer of the good, the adjusted value of
the material;
(B) in the case of a material acquired in
the territory in which the good is produced, ex-
cept for a material to which subparagraph (C)
applies, the adjusted value of the material; or
(C) in the case of a material that is self-
produced, or in a case in which the relationship
between the producer of the good and the seller
of the material influenced the price actually
paid or payable for the material, including a
material obtained without charge, the sum of—
(i) all expenses incurred in the pro-
duction of the material, including general
expenses; and
(ii) an amount for profit.
(2) FURTHER ADJUSTMENTS TO THE VALUE OF
MATERIALS.—
(A) ORIGINATING
MATERIALS.—The fol-
lowing expenses, if not included in the value of
an originating material calculated under para-
graph (1), may be added to the value of the
originating material:
(i) The costs of freight, insurance,
packing, and all other costs incurred in
transporting the material to the location of
the producer.
(ii) Duties, taxes, and customs broker-
age fees on the material paid in the terri-
tory of Singapore, the United States, or
both, other than duties and taxes that are
waived, refunded, refundable, or otherwise
recoverable, including credit against duty
or tax paid or payable.
(iii) The cost of waste and spoilage re-
sulting from the use of the material in the
production of the good, less the value of
renewable scrap or by-product.
(B) NONORIGINATING
MATERIALS.—The
following expenses, if included in the value of a
nonoriginating material calculated under para-
graph (1), may be deducted from the value of
the nonoriginating material:
(i) The costs of freight, insurance,
packing, and all other costs incurred in
transporting the material to the location of
the producer.
(ii) Duties, taxes, and customs broker-
age fees on the material paid in the terri-
tory of Singapore, the United States, or
both, other than duties and taxes that are
waived, refunded, refundable, or otherwise
recoverable, including credit against duty
or tax paid or payable.
(iii) The cost of waste and spoilage re-
sulting from the use of the material in the
production of the good, less the value of
renewable scrap or by-product.
(iv) The cost of processing incurred in
the territory of Singapore or the United
States in the production of the nonorigi-
nating material.
(v) The cost of originating materials
used in the production of the nonorigi-
nating material in the territory of Singa-
pore or the United States.
(f) ACCESSORIES, SPARE PARTS, OR TOOLS.—
(1) IN GENERAL.—Subject to paragraph (2),
accessories, spare parts, or tools delivered with the
good that form part of the good’s standard acces-
sories, spare parts, or tools shall—
(A) be treated as originating goods if the
good is an originating good; and
(B) be disregarded in determining whether
all the nonoriginating materials used in the pro-
duction of the good undergo an applicable
change in tariff classification set out in Annex
3A of the Agreement.
(2) CONDITIONS.—Paragraph (1) shall apply
only if—
(A) the accessories, spare parts, or tools
are not invoiced separately from the good;
(B) the quantities and value of the acces-
sories, spare parts, or tools are customary for
the good; and
(C) if the good is subject to a regional
value-content requirement, the value of the ac-
cessories, spare parts, or tools is taken into ac-
count as originating or nonoriginating mate-
rials, as the case may be, in calculating the re-
gional value-content of the good.
(g) FUNGIBLE GOODS AND MATERIALS.—
(1) IN GENERAL.—
(A) CLAIM
FOR
PREFERENTIAL
TREAT-
MENT.—A person claiming preferential tariff
treatment for a good may claim that a fungible
good or material is originating either based on
the physical segregation of each fungible good
or material or by using an inventory manage-
ment method.
(B) INVENTORY MANAGEMENT METHOD.—
In this subsection, the term ‘‘inventory manage-
ment method’’ means—
(i) averaging;
(ii) ‘‘last-in, first-out’’;
(iii) ‘‘first-in, first-out’’; or
(iv) any other method—
(I) recognized in the generally
accepted accounting principles of the
country in which the production is
performed (whether Singapore or the
United States); or
(II) otherwise accepted by that
country.
(2) ELECTION
OF
INVENTORY
METHOD.—A
person selecting an inventory management method
under paragraph (1) for particular fungible goods or
materials shall continue to use that method for those
fungible goods or materials throughout the fiscal
year of that person.
(h) PACKAGING MATERIALS AND CONTAINERS FOR
RETAIL SALE.—Packaging materials and containers in
which a good is packaged for retail sale, if classified with
the good, shall be disregarded in determining whether all
the nonoriginating materials used in the production of the
good undergo the applicable change in tariff classification
set out in Annex 3A of the Agreement and, if the good
is subject to a regional value-content requirement, the
value of such packaging materials and containers shall be
taken into account as originating or nonoriginating mate-
rials, as the case may be, in calculating the regional value-
content of the good.
(i) PACKING MATERIALS
AND CONTAINERS
FOR
SHIPMENT.—Packing materials and containers in which
a good is packed for shipment shall be disregarded in de-
termining whether—
(1) the nonoriginating materials used in the
production of a good undergo an applicable change
in tariff classification set out in Annex 3A of the
Agreement; and
(2) the good satisfies a regional value-content
requirement.
(j) INDIRECT MATERIALS.—An indirect material
shall be considered to be an originating material without
regard to where it is produced, and its value shall be the
cost registered in the accounting records of the producer
of the good.
(k) THIRD COUNTRY OPERATIONS.—A good shall not
be considered to be an originating good by reason of hav-
ing undergone production that satisfies the requirements
of subsection (a) if, subsequent to that production, the
good undergoes further production or any other operation
outside the territories of Singapore and the United States,
other than unloading, reloading, or any other operation
necessary to preserve it in good condition or to transport
the good to the territory of Singapore or the United
States.
(l) SPECIAL RULE FOR APPAREL GOODS LISTED IN
CHAPTER 61 OR 62 OF THE HTS.—
(1) IN GENERAL.—An apparel good listed in
chapter 61 or 62 of the HTS shall be considered to
be an originating good if it is both cut (or knit to
shape) and sewn or otherwise assembled in the terri-
tory of Singapore, the United States, or both, from
fabric or yarn, regardless of origin, designated in the
manner described in paragraph (2) as fabric or yarn
not available in commercial quantities in a timely
manner in the United States.
(2) DESIGNATION
OF
CERTAIN
FABRIC
AND
YARN.—The designation referred to in paragraph
(1) means a designation made in a notice published
in the Federal Register on or before November 15,
2002, identifying apparel goods made from fabric or
yarn eligible for entry into the United States under
subheading 9819.11.24 or 9820.11.27 of the HTS.
For purposes of this subsection, a reference in the
notice to fabric or yarn formed in the United States
is deemed to include fabric or yarn formed in Singa-
pore.
(m) APPLICATION AND INTERPRETATION.—In this
section:
(1) The basis for any tariff classification is the
HTS.
(2) Any cost or value referred to in this section
shall be recorded and maintained in accordance with
the generally accepted accounting principles applica-
ble in the territory of the country in which the good
is produced (whether Singapore or the United
States).
(n) DEFINITIONS.—In this section:
(1) ADJUSTED
VALUE.—The term ‘‘adjusted
value’’ means the value of a good determined under
articles 1 through 8, article 15, and the cor-
responding interpretative notes of the Agreement on
Implementation of Article VII of the General Agree-
ment on Tariffs and Trade 1994 referred to in sec-
tion 101(d)(8) of the Uruguay Round Agreements
Act, except that such value may be adjusted to ex-
clude any costs, charges, or expenses incurred for
transportation, insurance, and related services inci-
dent to the international shipment of the good from
the country of exportation to the place of importa-
tion.
(2) FUNGIBLE GOODS AND FUNGIBLE MATE-
RIALS.—The terms ‘‘fungible goods’’ and ‘‘fungible
materials’’ mean goods or materials, as the case may
be, that are interchangeable for commercial purposes
and the properties of which are essentially identical.
(3) GENERALLY ACCEPTED ACCOUNTING PRIN-
CIPLES.—The term ‘‘generally accepted accounting
principles’’ means the recognized consensus or sub-
stantial authoritative support in the territory of
Singapore or the United States, as the case may be,
with respect to the recording of revenues, expenses,
costs, and assets and liabilities, the disclosure of in-
formation, and the preparation of financial state-
ments. The standards may encompass broad guide-
lines of general application as well as detailed stand-
ards, practices, and procedures.
(4) GOODS WHOLLY OBTAINED OR PRODUCED
ENTIRELY IN THE TERRITORY OF SINGAPORE, THE
UNITED STATES, OR BOTH.—The term ‘‘goods whol-
ly obtained or produced entirely in the territory of
Singapore, the United States, or both’’ means—
(A) mineral goods extracted in the terri-
tory of Singapore, the United States, or both;
(B) vegetable goods, as such goods are de-
fined in the Harmonized System, harvested in
the territory of Singapore, the United States, or
both;
(C) live animals born and raised in the ter-
ritory of Singapore, the United States, or both;
(D) goods obtained from hunting, trap-
ping, fishing, or aquaculture conducted in the
territory of Singapore, the United States, or
both;
(E) goods (fish, shellfish, and other marine
life) taken from the sea by vessels registered or
recorded with Singapore or the United States
and flying the flag of that country;
(F) goods produced exclusively from prod-
ucts referred to in subparagraph (E) on board
factory ships registered or recorded with Singa-
pore or the United States and flying the flag of
that country;
(G) goods taken by Singapore or the
United States, or a person of Singapore or the
United States, from the seabed or beneath the
seabed outside territorial waters, if Singapore
or the United States has rights to exploit such
seabed;
(H) goods taken from outer space, if the
goods are obtained by Singapore or the United
States or a person of Singapore or the United
States and not processed in the territory of a
country other than Singapore or the United
States;
(I) waste and scrap derived from—
(i) production in the territory of
Singapore, the United States, or both; or
(ii) used goods collected in the terri-
tory of Singapore, the United States, or
both, if such goods are fit only for the re-
covery of raw materials;
(J) recovered goods derived in the territory
of Singapore, the United States, or both, from
used goods; or
(K) goods produced in the territory of
Singapore, 
the 
United 
States, 
or 
both,
exclusively—
(i) from goods referred to in any of
subparagraphs (A) through (I); or
(ii) from the derivatives of goods re-
ferred to in clause (i).
(5) HARMONIZED
SYSTEM.—The term ‘‘Har-
monized System’’ means the Harmonized Com-
modity Description and Coding System.
(6) INDIRECT MATERIAL.—The term ‘‘indirect
material’’ means a good used in the production, test-
ing, or inspection of a good but not physically incor-
porated into the good, or a good used in the mainte-
nance of buildings or the operation of equipment as-
sociated with the production of a good, including—
(A) fuel and energy;
(B) tools, dies, and molds;
(C) spare parts and materials used in the
maintenance of equipment or buildings;
(D) lubricants, greases, compounding ma-
terials, and other materials used in production
or used to operate equipment or 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 production of the good can reasonably be
demonstrated to be a part of that production.
(7) MATERIAL.—The term ‘‘material’’ means a
good that is used in the production of another good.
(8) MATERIAL THAT IS SELF-PRODUCED.—The
term ‘‘material that is self-produced’’ means a mate-
rial, such as a part or ingredient, produced by a pro-
ducer of a good and used by the producer in the pro-
duction of another good.
(9) NONORIGINATING
MATERIAL.—The term
‘‘nonoriginating material’’ means a material that
does not qualify as an originating good under the
rules set out in this section.
(10) PREFERENTIAL
TARIFF
TREATMENT.—
The term ‘‘preferential tariff treatment’’ means the
customs duty rate that is applicable to an origi-
nating good pursuant to chapter 2 of the Agree-
ment.
(11) PRODUCER.—The term ‘‘producer’’ means
a person who grows, raises, mines, harvests, fishes,
traps, hunts, manufactures, processes, assembles, or
disassembles a good.
(12) PRODUCTION.—The term ‘‘production’’
means growing, mining, harvesting, fishing, raising,
trapping, hunting, manufacturing, processing, as-
sembling, or disassembling a good.
(13) RECOVERED GOODS.—
(A) IN
GENERAL.—The term ‘‘recovered
goods’’ means materials in the form of indi-
vidual parts that are the result of—
(i) the complete disassembly of used
goods into individual parts; and
(ii) the cleaning, inspecting, testing,
or other processing of those parts as nec-
essary for improvement to sound working
condition by one or more of the processes
described in subparagraph (B), in order
for such parts to be assembled with other
parts, including other parts that have un-
dergone the processes described in this
paragraph, in the production of a remanu-
factured good described in Annex 3C of
the Agreement.
(B) PROCESSES.—The processes referred
to in subparagraph (A)(ii) are welding, flame
spraying, surface machining, knurling, plating,
sleeving, and rewinding.
(14) REMANUFACTURED GOOD.—The term ‘‘re-
manufactured good’’ means an industrial good as-
sembled in the territory of Singapore or the United
States, that is listed in Annex 3C of the Agreement,
and—
(A) is entirely or partially comprised of re-
covered goods;
(B) has the same life expectancy and
meets the same performance standards as a
new good; and
(C) enjoys the same factory warranty as
such a new good.
(15) TERRITORY.—The term ‘‘territory’’ has
the meaning given that term in Annex 1A of the
Agreement.
(16) USED.—The term ‘‘used’’ means used or
consumed in the production of goods.
(o) PRESIDENTIAL PROCLAMATION AUTHORITY.—
(1) IN GENERAL.—The President is authorized
to proclaim, as part of the HTS—
(A) the provisions set out in Annexes 3A,
3B, and 3C of the Agreement; and
(B) any additional subordinate category
necessary to carry out this title consistent with
the Agreement.
(2) MODIFICATIONS.—
(A) IN GENERAL.—Subject to the consulta-
tion and layover provisions of section 103(a),
the President may proclaim modifications to the
provisions proclaimed under the authority of
paragraph (1)(A), other than—
(i) the provisions of Annex 3B of the
Agreement; and
(ii) provisions of chapters 50 through
63 of the HTS, as included in Annex 3A
of the Agreement.
(B) ADDITIONAL
PROCLAMATIONS.—Not-
withstanding subparagraph (A), and subject to
the consultation and layover provisions of sec-
tion 103(a), the President may proclaim—
(i) modifications to the provisions pro-
claimed under the authority of paragraph
(1)(A) that are necessary to implement an
agreement with Singapore pursuant to ar-
ticle 3.18.4(c) of the Agreement; and
(ii) before the 1st anniversary of the
date of enactment of this Act, modifica-
tions to correct any typographical, clerical,
or other nonsubstantive technical error re-
garding the provisions of chapters 50
through 63 of the HTS, as included in
Annex 3A 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 inserting after paragraph (12) the following:
‘‘(13) No fee may be charged under subsection
(a) (9) or (10) with respect to goods that qualify as
originating goods under section 202 of the United
States-Singapore Free Trade Agreement Implemen-
tation 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. DISCLOSURE OF INCORRECT INFORMATION.
Section 592(c) of the Tariff Act of 1930 (19 U.S.C.
1592(c)) is amended—
(1) by redesignating paragraph (7) as para-
graph (8); and
(2) by inserting after paragraph (6) the fol-
lowing new paragraph:
‘‘(7) PRIOR
DISCLOSURE
REGARDING
CLAIMS
UNDER
THE
UNITED
STATES-SINGAPORE
FREE
TRADE AGREEMENT.—
‘‘(A) An importer shall not be subject to
penalties under subsection (a) for making an
incorrect claim that a good qualifies as an origi-
nating good under section 202 of the United
States-Singapore Free Trade Agreement Imple-
mentation Act if the importer, in accordance
with regulations issued by the Secretary of the
Treasury, voluntarily and promptly makes a
corrected declaration and pays any duties
owing.
‘‘(B) In the regulations referred to in sub-
paragraph (A), the Secretary of the Treasury is
authorized to prescribe time periods for making
a corrected declaration and paying duties owing
under subparagraph (A), if such periods are not
shorter than 1 year following the date on which
the importer makes the incorrect claim that a
good qualifies as an originating good.’’.
SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE
AND APPAREL GOODS.
(a) DENIAL OF PERMISSION TO CONDUCT SITE VIS-
ITS.—
(1) IN GENERAL.—Subject to paragraph (2), if
the Secretary of the Treasury proposes to conduct a
site visit at an enterprise registered under article 5.3
of the Agreement, and responsible officials of the en-
terprise do not consent to the proposed visit, the
President may exclude from the customs territory of
the United States textile and apparel goods pro-
duced or exported by that enterprise.
(2) TERMINATION OF EXCLUSION.—An exclu-
sion of textile and apparel goods produced or ex-
ported by an enterprise under paragraph (1) shall
terminate when the President determines that the
enterprise’s production of, and capability to produce,
the goods are consistent with statements by the en-
terprise that textile or apparel goods the enterprise
produces or has produced are originating goods or
products of Singapore, as the case may be.
(b) KNOWING OR WILLFUL CIRCUMVENTION.—
(1) IN GENERAL.—If the President finds that
an enterprise of Singapore has knowingly or willfully
engaged in circumvention, the President may exclude
from the customs territory of the United States tex-
tile and apparel goods produced or exported by the
enterprise. An exclusion under this paragraph may
be imposed on the date beginning on the date a find-
ing of knowing or willful circumvention is made and
shall be in effect for a period not longer than the ap-
plicable period described in paragraph (2).
(2) TIME PERIODS.—
(A) FIRST
FINDING.—With respect to a
first finding under paragraph (1), the applica-
ble period is 6 months.
(B) SECOND FINDING.—With respect to a
second finding under paragraph (1), the appli-
cable period is 2 years.
(C) THIRD AND SUBSEQUENT FINDING.—
With respect to a third or subsequent finding
under paragraph (1), the applicable period is 2
years. If, at the time of a third or subsequent
finding, an exclusion is in effect as a result of
a previous finding, the 2-year period applicable
to the third or subsequent finding shall begin
on the day after the day on which the previous
exclusion terminates.
(c) CERTAIN OTHER INSTANCES
OF CIRCUMVEN-
TION.—If the President consults with Singapore pursuant
to article 5.8 of the Agreement, the consultations fail to
result in a mutually satisfactory solution to the matters
at issue, and the President presents to Singapore clear
evidence of circumvention under the Agreement, the Presi-
dent may—
(1) deny preferential tariff treatment to the
goods involved in the circumvention; and
(2) deny preferential tariff treatment, for a pe-
riod not to exceed 4 years from the date on which
consultations pursuant to article 5.8 of the Agree-
ment conclude, to—
(A) textile and apparel goods produced by
the enterprise found to have engaged in the cir-
cumvention, including any successor of such en-
terprise; and
(B) textile and apparel goods produced by
any other entity owned or operated by a prin-
cipal of the enterprise, if the principal also is a
principal of the other entity.
(d) DEFINITIONS.—In this section:
(1) GENERAL DEFINITIONS.—The terms ‘‘cir-
cumvention’’, ‘‘preferential tariff treatment’’, ‘‘prin-
cipal’’, and ‘‘textile and apparel goods’’ have the
meanings given such terms in chapter 5 of the
Agreement.
(2) ENTERPRISE.—The term ‘‘enterprise’’ has
the meaning given that term in article 1.2.3 of the
Agreement.
SEC. 206. REGULATIONS.
The Secretary of the Treasury shall prescribe such
regulations as may be necessary to carry out—
(1) subsections (a) through (n) of section 202,
and section 203;
(2) amendments made by the sections referred
to in paragraph (1); and
(3) proclamations issued under section 202(o).
TITLE III—RELIEF FROM
IMPORTS
SEC. 301. DEFINITIONS.
In this title:
(1) COMMISSION.—The term ‘‘Commission’’
means the United States International Trade Com-
mission.
(2) SINGAPOREAN ARTICLE.—The term ‘‘Singa-
porean article’’ means an article that qualifies as an
originating good under section 202(a) of this Act.
(3) SINGAPOREAN TEXTILE OR APPAREL ARTI-
CLE.—The term ‘‘Singaporean textile or apparel ar-
ticle’’ means an article—
(A) that is listed in the Annex to the
Agreement on Textiles and Clothing referred to
in section 101(d)(4) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(4)); and
(B) that is a Singaporean article.
Subtitle A—Relief From Imports
Benefiting From the Agreement
SEC. 311. COMMENCING OF ACTION FOR RELIEF.
(a) FILING OF PETITION.—
(1) IN GENERAL.—A petition requesting action
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 sub-
section to the United States 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
(19 U.S.C. 2252(a)).
(3) CRITICAL CIRCUMSTANCES.—Any allegation
that critical circumstances exist shall be included in
the petition.
(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
Agreement, a Singaporean 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 Singaporean article con-
stitute a substantial cause of serious injury or threat
thereof to the domestic industry producing an article that
is like, or directly 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 (d).
(4) Subsection (i).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No
investigation may be initiated under this section with re-
spect to any Singaporean article if, after the date that the
Agreement enters into force, import relief has been pro-
vided with respect to that Singaporean article under—
(1) this subtitle;
(2) subtitle B;
(3) chapter 1 of title II of the Trade Act of
1974;
(4) article 6 of the Agreement on Textiles and
Clothing referred to in section 101(d)(4) of the Uru-
guay 
Round 
Agreements 
Act 
(19 
U.S.C.
3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture
referred to in section 101(d)(2) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(2)).
SEC. 312. COMMISSION ACTION ON PETITION.
(a) DETERMINATION.—Not later than 120 days (180
days if critical circumstances have been alleged) after the
date on which an investigation is initiated under section
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.—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 Commission to be an
affirmative determination as provided 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 President 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 de-
termination and to facilitate the efforts of the domestic
industry to make a positive adjustment to import competi-
tion. The import relief recommended by the Commission
under this subsection shall be limited to the relief de-
scribed in section 313(c). Only those members of the Com-
mission who voted in the affirmative under subsection (a)
are eligible to vote on the proposed action to remedy or
prevent the injury found by the Commission. Members of
the Commission who did not vote in the affirmative may
submit, in the report required under subsection (d), sepa-
rate 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
(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.
(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 (including
provisional 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 2B of the Agree-
ment 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.
(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 lesser of—
(i) the column 1 general rate of duty
imposed under the HTS on like articles for
the immediately preceding corresponding
season; 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 (described
in article 7.28 of the Agreement) of such relief at
regular intervals during the period of its application.
(d) PERIOD OF RELIEF.—
(1) IN GENERAL.—Subject to paragraph (2),
the import relief that the President is authorized to
provide under this section may not exceed 2 years.
(2) EXTENSION.—
(A) IN
GENERAL.—Subject to subpara-
graph (C), the President, after receiving an af-
firmative determination from the Commission
under subparagraph (B), may extend the effec-
tive period of any import relief provided under
this section if the President determines that—
(i) the import relief continues to be
necessary to prevent or remedy serious in-
jury and to facilitate adjustment; and