I
105TH CONGRESS
2D SESSION
H. R. 4608
To reauthorize the Generalized System of Preferences, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 1998
Mr. CRANE introduced the following bill; which was referred to the Committee
on Ways and Means
A BILL
To reauthorize the Generalized System of Preferences, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF GENERALIZED SYSTEM OF
PREFERENCES.
(a) EXTENSION OF DUTY-FREE TREATMENT UNDER
SYSTEM.—Section 505 of the Trade Act of 1974 (29
U.S.C. 2465) is amended by striking ‘‘June 30, 1998’’ and
inserting ‘‘June 30, 2000’’.
(b) RETROACTIVE APPLICATION FOR CERTAIN LIQ-
UIDATIONS AND RELIQUIDATIONS.—
(1) IN GENERAL.—Notwithstanding section 514
of the Tariff Act of 1930 or any other provision of
law, and subject to paragraph (2), the entry—
(A) of an article to which duty-free treat-
ment under title V of the Trade Act of 1974
would have applied if such title had been in ef-
fect during the period beginning on July 1,
1998, and ending on the day before the date of
the enactment of this Act, and
(B) that was made after June 30, 1998,
and before the date of the enactment of this
Act,
shall be liquidated or reliquidated as free of duty,
and the Secretary of the Treasury shall refund any
duty paid with respect to such entry. As used in this
subsection, the term ‘‘entry’’ includes a withdrawal
from warehouse for consumption.
(2) REQUESTS.—Liquidation or reliquidation
may be made under paragraph (1) with respect to
an entry only if a request therefor is filed with the
Customs Service, within 180 days after the date of
the enactment of this Act, that contains sufficient
information to enable the Customs Service—
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
SEC. 2. DUTY DRAWBACK FOR METHYL TERTIARY-BUTYL
ETHER (‘‘MTBE’’).
(a) IN GENERAL.—Section 313(p)(3)(A)(i)(I) of the
Tariff Act of 1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is
amended by striking ‘‘and 2902’’ and inserting ‘‘2902,
and 2909.19.14’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment
of this Act, and shall apply to drawback claims filed on
and after such date.
SEC. 3. SUBSTITUTION OF FINISHED PETROLEUM DERIVA-
TIVES.
(a) IN GENERAL.—Section 313(p)(1) of the Tariff
Act of 1930 (19 U.S.C. 1313(p)(1)) is amended in the
matter following subparagraph (C) by striking ‘‘the
amount of the duties paid on, or attributable to, such
qualified article shall be refunded as drawback to the
drawback claimant.’’ and inserting ‘‘drawback shall be al-
lowed as described in paragraph (4).’’.
(b) REQUIREMENTS.—Section 313(p)(2) of such Act
(19 U.S.C. 1313(p)(2)) is amended—
(1) in subparagraph (A)—
(A) in clauses (i), (ii), and (iii), by striking
‘‘the qualified article’’ each place it appears and
inserting ‘‘a qualified article’’; and
(B) in clause (iv), by striking ‘‘an im-
ported’ and inserting ‘‘a’’; and
(2) in subparagraph (G), by inserting ‘‘trans-
feror,’’ after ‘‘importer,’’.
(c) QUALIFIED ARTICLE DEFINED, ETC.—Section
313(p)(3) of such Act (19 U.S.C. 1313(p)(3)) is amend-
ed—
(1) in subparagraph (A)—
(A) in clause (i)(II), by striking ‘‘liquids,
pastes, powders, granules, and flakes’’ and in-
serting ‘‘the primary forms provided under
Note 6 to chapter 39 of the Harmonized Tariff
Schedule of the United States’’; and
(B) in clause (ii)—
(i) in subclause (I) by striking ‘‘or’’ at
the end;
(ii) in subclause (II) by striking the
period and inserting ‘‘, or’’; and
(iii) by adding after subclause (II) the
following:
‘‘(III) an article of the same kind
and quality as described in subpara-
graph (B), or any combination there-
of, that is transferred, as so certified
in a certificate of delivery or certifi-
cate of manufacture and delivery in a
quantity not greater than the quantity
of articles purchased or exchanged.
The transferred merchandise described in
subclause (III), regardless of its origin, so
designated on the certificate of delivery or
certificate of manufacture and delivery
shall be the qualified article for purposes
of this section. A party who issues a cer-
tificate of delivery, or certificate of manu-
facture and delivery, shall also certify to
the Commissioner of Customs that it has
not, and will not, issue such certificates for
a quantity greater than the amount eligible
for drawback and that appropriate records
will be maintained to demonstrate that
fact.’’;
(2) in subparagraph (B), by striking ‘‘exported
article’’ and inserting ‘‘article, including an im-
ported, manufactured, substituted, or exported arti-
cle,’’; and
(3) in the first sentence of subparagraph (C),
by striking ‘‘such article.’’ and inserting ‘‘either the
qualified article or the exported article.’’.
(d) 
LIMITATION
ON
DRAWBACK.—Section
313(p)(4)(B) of such Act (19 U.S.C. 1313(p)(4)(B)) is
amended by inserting before the period at the end the fol-
lowing: ‘‘had the claim qualified for drawback under sub-
section (j)’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the amend-
ment made by section 632(a)(6) of the North American
Free Trade Agreement Implementation Act. For purposes
of section 632(b) of that Act, the 3-year requirement set
forth in section 313(r) of the Tariff Act of 1930 shall not
apply to any drawback claim filed within 6 months after
the date of the enactment of this Act for which that 3-
year period would have expired.
SEC. 4. RELIQUIDATION OF CERTAIN NUCLEAR FUEL AS-
SEMBLIES.
(a) IN GENERAL.—Notwithstanding section 514 of
the Tariff Act of 1930 (19 U.S.C. 1514) or any other pro-
vision of law, upon proper request filed with the Secretary
of the Treasury not later than 90 days after the date of
the enactment of this Act, the Secretary—
(1) shall reliquidate as free of duty the entries
listed in subsection (b); and
(2) shall refund any duties paid with respect to
such entry.
(b) AFFECTED ENTRIES.—The entries referred to in
subsection (a) are as follows:
Entry Number
Date of Entry
Date of Liquidation
062–2320014–5 .....................
01–16–96
06–07–96
062–2320085–5 .....................
02–13–96
07–12–96
839–4030989–7 .....................
01–25–96
10–10–97
839–4031053–1 .....................
12–02–96
10–17–97
839–4031591–0 .....................
01–21–97
12–05–97
SEC. 5. LIQUIDATION OR RELIQUIDATION OF CERTAIN
WATER RESISTANT WOOL TROUSERS.
(a) IN GENERAL.—Notwithstanding section 514 of
the Tariff Act of 1930 (19 U.S.C. 1514) or any other pro-
vision of law, upon proper request filed with the Secretary
of the Treasury not later than 90 days after the date of
the enactment of this Act, the Secretary—
(1) shall reliquidate as free of duty the entries
listed in subsection (b); and
(2) shall refund any duties paid with respect to
such entry.
(b) AFFECTED ENTRIES.—The entries referred to in
subsection (a) are as follows:
Entry Number
Date of Entry
901–0243655–8 .......................................................
September 18, 1989
901–0243861–2 .......................................................
October 16, 1989
901–0244072–5 .......................................................
November 12, 1989
901–0246043–4 .......................................................
August 30, 1990
901–0246421–2 .......................................................
November 2, 1990
Entry Number
Date of Entry
901–0246482–4 .......................................................
November 11, 1990
901–0251209–3 .......................................................
October 26, 1992
901–0060944–6 .......................................................
November 12, 1993
SEC. 6. DUTY ON CERTAIN IMPORTATIONS OF MUESLIX CE-
REALS.
(a) BEFORE JANUARY 1, 1996.—Notwithstanding
section 514 of the Tariff Act of 1930 (19 U.S.C. 1514)
or any other provision of law, upon proper request filed
with the Customs Service before the 90th day after the
date of the enactment of this Act, any entry or withdrawal
from warehouse for consumption made after December 31,
1991, and before January 1, 1996, of mueslix cereal,
which was classified under the special column rate applica-
ble for Canada in subheading 2008.92.10 of the Har-
monized Tariff Schedule of the United States—
(1) shall be liquidated or reliquidated as if the
special column rate applicable for Canada in sub-
heading 1904.10.00 of such Schedule applied at the
time of such entry or withdrawal; and
(2) any excess duties paid as a result of such
liquidation or reliquidation shall be refunded, includ-
ing interest at the appropriate applicable rate.
(b) AFTER DECEMBER 31, 1995.—Notwithstanding
section 514 of the Tariff Act of 1930 (19 U.S.C. 1514)
or any other provision of law, upon proper request filed
with the Customs Service before the 90th day after the