104
States has led to the introduction of dog and cat fur
products into United States commerce, frequently
based on deceptive or fraudulent labeling of the prod-
ucts to disguise the true nature of the fur and mislead
United States wholesalers, retailers, and consumers.
(3) Dog and cat fur, when dyed, is not easily
distinguishable to persons who are not experts from
other furs such as fox, rabbit, coyote, wolf, and mink,
and synthetic materials made to resemble real fur.
Dog and cat fur is generally less expensive than other
types of fur and may be used as a substitute for more
expensive types of furs, which provides an incentive
to engage in unfair or fraudulent trade practices in
the importation, exportation, distribution, or sale of
fur products, including deceptive labeling and other
practices designed to disguise the true contents or ori-
gin of the product.
(4) Forensic texts have documented that dog and
cat fur products are being imported into the United
States subject to deceptive labels or other practices de-
signed to conceal the use of dog or cat fur in the pro-
duction of wearing apparel, toys, and other products.
(5) Publicly available evidence reflects ongoing
significant use of dogs and cats bred expressly for
their fur by foreign fur producers for manufacture
105
into wearing apparel, toys, and other products that
have been introduced into United States commerce.
The evidence indicates that foreign fur producers also
rely on the use of stray dogs and cats and stolen pets
for the manufacture of fur products destined for the
world and United States markets.
(6) The methods of housing, transporting, and
slaughtering dogs and cats for fur production are gen-
erally unregulated and inhumane.
(7) The trade of dog and cat fur products is ethi-
cally and aesthetically abhorrent to United States
citizens. Consumers in the United States have a right
to know if products offered for sale contain dog or cat
fur and to ensure that they are not unwitting partici-
pants in this gruesome trade.
(8) Persons who engage in the sale of dog or cat
fur products, including the fraudulent trade practices
identified above, gain an unfair competitive advan-
tage over persons who engage in legitimate trade in
apparel, toys, and other products, and derive an un-
fair benefit from consumers who buy their products.
(9) The imposition of a ban on the sale, manu-
facture, offer for sale, transportation, and distribution
of dog and cat fur products, regardless of their source,
is consistent with the international obligations of the
106
United States because it applies equally to domestic
and foreign producers and avoids any discrimination
among foreign sources of competing products. Such a
ban is also consistent with provisions of international
agreements to which the United States is a party that
expressly allow for measures designed to protect the
health and welfare of animals and to enjoin the use
of deceptive trade practices in international or domes-
tic commerce.
(b) PURPOSES.—The purposes of this chapter are to—
(1) prohibit imports, exports, sale, manufacture,
offer for sale, transportation, and distribution in the
United States of dog and cat fur products, in order
to ensure that United States market demand does not
provide an incentive to slaughter dogs or cats for
their fur;
(2) require accurate labeling of fur species so
that consumers in the United States can make in-
formed choices and ensure that they are not unwitting
contributors to this gruesome trade; and
(3) ensure that the customs laws of the United
States are not undermined by illicit international
traffic in dog and cat fur products.
107
SEC. 1443. PROHIBITION ON IMPORTATION OF PRODUCTS
MADE WITH DOG OR CAT FUR.
(a) IN GENERAL.—Title III of the Tariff Act of 1930
is amended by inserting after section 307 the following new
section:
‘‘SEC. 308. PROHIBITION ON IMPORTATION OF DOG AND
CAT FUR PRODUCTS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CAT FUR.—The term ‘cat fur’ means the
pelt or skin of any animal of the species Felis catus.
‘‘(2) INTERSTATE COMMERCE.—The term ‘inter-
state commerce’ means the transportation for sale,
trade, or use between any State, territory, or posses-
sion of the United States, or the District of Columbia,
and any place outside thereof.
‘‘(3) CUSTOMS LAWS.—The term ‘customs laws of
the United States’ means any other law or regulation
enforced or administered by the United States Cus-
toms Service.
‘‘(4) DESIGNATED AUTHORITY.—The term ‘des-
ignated authority’ means the Secretary of the Treas-
ury, with respect to the prohibitions under subsection
(b)(1)(A), and the President (or the President’s des-
ignee), with respect to the prohibitions under sub-
section (b)(1)(B).
108
‘‘(5) DOG FUR.—The term ‘dog fur’ means the
pelt or skin of any animal of the species Canis
familiaris.
‘‘(6) DOG OR CAT FUR PRODUCT.—The term ‘dog
or cat fur product’ means any item of merchandise
which consists, or is composed in whole or in part,
of any dog fur, cat fur, or both.
‘‘(7) PERSON.—The term ‘person’ includes any
individual, partnership, corporation, association, or-
ganization, business trust, government entity, or other
entity subject to the jurisdiction of the United States.
‘‘(8) UNITED STATES.—The term ‘United States’
means the customs territory of the United States, as
defined in general note 2 of the Harmonized Tariff
Schedule of the United States.
‘‘(b) PROHIBITIONS.—
‘‘(1) IN GENERAL.—It shall be unlawful for any
person to—
‘‘(A) import into, or export from, the
United States any dog or cat fur product; or
‘‘(B) introduce into interstate commerce,
manufacture for introduction into interstate
commerce, sell, trade, or advertise in interstate
commerce, offer to sell, or transport or distribute
109
in interstate commerce in the United States, any
dog or cat fur product.
‘‘(2) EXCEPTION.—This subsection shall not
apply to the importation, exportation, or transpor-
tation, for noncommercial purposes, of a personal pet
that is deceased, including a pet preserved through
taxidermy.
‘‘(c) PENALTIES AND ENFORCEMENT.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) IN GENERAL.—Any person who vio-
lates any provision of this section or any regula-
tion issued under this section may, in addition
to any other civil or criminal penalty that may
be imposed under title 18, United States Code, or
any other provision of law, be assessed a civil
penalty by the designated authority of not more
than—
‘‘(i) $10,000 for each separate knowing
and intentional violation;
‘‘(ii) $5,000 for each separate grossly
negligent violation; or
‘‘(iii) $3,000 for each separate neg-
ligent violation.
‘‘(B) DEBARMENT.—The designated author-
ity may prohibit a person from importing, ex-
110
porting, transporting, distributing, manufac-
turing, or selling any fur product in the United
States, if the designated authority finds that the
person has engaged in a pattern or practice of
actions that has resulted in a final administra-
tive determination with respect to the assessment
of civil penalties for knowing and intentional or
grossly negligent violations of any provision of
this section or any regulation issued under this
section.
‘‘(C) FACTORS IN ASSESSING PENALTIES.—
In determining the amount of civil penalties
under this paragraph, the designated authority
shall take into account the degree of culpability,
any history of prior violations under this sec-
tion, ability to pay, the seriousness of the viola-
tion, and such other matters as fairness may re-
quire.
‘‘(D) NOTICE.—No penalty may be assessed
under this paragraph against a person unless the
person is given notice and opportunity for a
hearing with respect to such violation in accord-
ance with section 554 of title 5, United States
Code.
111
‘‘(2) FORFEITURE.—Any dog or cat fur product
manufactured, taken, possessed, sold, purchased, of-
fered for sale or purchase, transported, delivered, re-
ceived, carried, shipped, imported, or exported con-
trary to the provisions of this section or any regula-
tion issued under this section shall be subject to for-
feiture to the United States.
‘‘(3) ENFORCEMENT.—The Secretary of the
Treasury shall enforce the provisions of this section
with respect to the prohibitions under subsection
(b)(1)(A), and the President shall enforce the provi-
sions of this section with respect to the prohibitions
under subsection (b)(1)(B).
‘‘(4) REGULATIONS.—Not later than 270 days
after the date of enactment of this section, the des-
ignated authorities shall, after notice and opportunity
for comment, issue regulations to carry out the provi-
sions of this section. The regulations of the Secretary
of the Treasury shall provide for a process by which
testing laboratories, whether domestic or foreign, can
qualify for certification by the United States Customs
Service by demonstrating the reliability of the proce-
dures used for determining the type of fur contained
in articles intended for sale or consumption in inter-
state commerce. Use of a laboratory certified by the
112
United States Customs Service to determine the na-
ture of fur contained in an item to which subsection
(b) applies is not required to avoid liability under
this section but may, in a case in which a person can
establish that the goods imported were tested by such
a laboratory and that the item was not found to be
a dog or cat fur product, prove dispositive in deter-
mining whether that person exercised reasonable care
for purposes of paragraph (6).
‘‘(5) REWARD.—The designated authority shall
pay a reward of not less than $500 to any person who
furnishes information that establishes or leads to a
civil penalty assessment, debarment, or forfeiture of
property for any violation of this section or any regu-
lation issued under this section.
‘‘(6) AFFIRMATIVE DEFENSE.—Any person ac-
cused of a violation under this section has a defense
to any proceeding brought under this section on ac-
count of such violation if that person establishes by
a preponderance of the evidence that the person exer-
cised reasonable care—
‘‘(A) in determining the nature of the prod-
ucts alleged to have resulted in such violation;
and
113
‘‘(B) in ensuring that the products were ac-
companied by documentation, packaging, and la-
beling that were accurate as to the nature of the
products.
‘‘(7) COORDINATION WITH OTHER LAWS.—Noth-
ing in this section shall be construed as superseding
or limiting in any manner the functions and respon-
sibilities of the Secretary of the Treasury under the
customs laws of the United States.
‘‘(d) PUBLICATION OF NAMES OF CERTAIN VIOLA-
TORS.—The designated authorities shall, at least once each
year, publish in the Federal Register a list of the names
of any producer, manufacturer, supplier, seller, importer,
or exporter, whether or not located within the customs terri-
tory of the United States or subject to the jurisdiction of
the United States, against whom a final administrative de-
termination with respect to the assessment of a civil penalty
for a knowing and intentional or a grossly negligent viola-
tion has been made under this section.
‘‘(e) REPORTS.—In order to enable Congress to engage
in active, continuing oversight of this section, the designated
authorities shall provide the following:
‘‘(1) 
PLAN
FOR
ENFORCEMENT.—Within 
months after the date of enactment of this section, the
designated authorities shall submit to Congress a plan
114
for the enforcement of the provisions of this section,
including training and procedures to ensure that
United States Government personnel are equipped
with state-of-the-art technologies to identify potential
dog or cat fur products and to determine the true con-
tent of such products.
‘‘(2) REPORT ON ENFORCEMENT EFFORTS.—Not
later than 1 year after the date of enactment of this
section, and on an annual basis thereafter, the des-
ignated authorities shall submit a report to Congress
on the efforts of the United States Government to en-
force the provisions of this section and the adequacy
of the resources to do so. The report shall include an
analysis of the training of United States Government
personnel to identify dog and cat fur products effec-
tively and to take appropriate action to enforce this
section. The report shall include the findings of the
designated authorities as to whether any government
has engaged in a pattern or practice of support for
trade in products the importation of which are pro-
hibited under this section.’’.
(b) CONFORMING AMENDMENT.—Section 2(d) of the
Fur Products Labeling Act (15 U.S.C. 69(d)) is amended
by inserting ‘‘(other than any dog or cat fur product to
115
which section 308 of the Tariff Act of 1930 applies)’’ after
‘‘shall not include such articles’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of enactment of this Act.
CHAPTER 4—MISCELLANEOUS
PROVISIONS
SEC. 1451. ALTERNATIVE MID-POINT INTEREST ACCOUNT-
ING METHODOLOGY FOR UNDERPAYMENT OF
DUTIES AND FEES.
Section 505(c) of the Tariff Act of 1930 (19 U.S.C.
1505(c)) is amended by striking ‘‘For the period beginning
on’’ and all that follows through ‘‘the Secretary may pre-
scribe’’ and inserting ‘‘The Secretary may prescribe’’.
SEC. 1452. EXCEPTION FROM MAKING REPORT OF ARRIVAL
AND FORMAL ENTRY FOR CERTAIN VESSELS.
(a) REPORT OF ARRIVAL AND FORMAL ENTRY OF VES-
SELS.—(1) Section 433(a)(1)(C) of the Tariff Act of 1930
(19 U.S.C. 1433(a)(1)(C)) is amended by striking ‘‘bonded
merchandise, or’’.
(2) Section 434(a)(3) of the Tariff Act of 1930 (19
U.S.C. 1434(a)(3)) is amended by striking ‘‘bonded mer-
chandise or’’.
(3) Section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91) is amended in subsection (a)(2)
by striking ‘‘bonded merchandise or’’.
116
(b) ADDITIONAL AMENDMENT.—Section 441 of the
Tariff Act of 1930 (19 U.S.C. 1441) is amended by adding
at the end the following new paragraph:
‘‘(6) Any vessel required to anchor at the Belle
Isle Anchorage in the waters of the Detroit River in
the State of Michigan, for the purposes of awaiting
the availability of cargo or berthing space or for the
purpose of taking on a pilot or awaiting pilot serv-
ices, or at the direction of the Coast Guard, prior to
proceeding to the Port of Toledo, Ohio, where the ves-
sel makes entry under section 434 or obtains clear-
ance under section 4197 of the Revised Statutes of the
United States.’’.
SEC. 1453. DESIGNATION OF SAN ANTONIO INTERNATIONAL
AIRPORT FOR CUSTOMS PROCESSING OF
CERTAIN PRIVATE AIRCRAFT ARRIVING IN
THE UNITED STATES.
(a) DESIGNATION.—For the 2-year period beginning
on the date of the enactment of this Act, the Commissioner
of the Customs Service shall designate the San Antonio
International Airport in San Antonio, Texas, as an airport
at which private aircraft described in subsection (b) may
land for processing by the Customs Service in accordance
with section 122.24(b) of title 19, Code of Federal Regula-
tions.
117
(b) PRIVATE AIRCRAFT.—Private aircraft described in
this subsection are private aircraft that—
(1) arrive in the United States from a foreign
area and have a final destination in the United
States of San Antonio International Airport in San
Antonio, Texas; and
(2) would otherwise be required to land for proc-
essing by the Customs Service at an airport listed in
section 122.24(b) of title 19, Code of Federal Regula-
tions, in accordance with such section.
(c) DEFINITION.—In this section, the term ‘‘private
aircraft’’ has the meaning given such term in section
122.23(a)(1) of title 19, Code of Federal Regulations.
(d) REPORT.—The Commissioner of the Customs Serv-
ice shall prepare and submit to Congress a report on the
implementation of this section for 2001 and 2002.
SEC. 1454. INTERNATIONAL TRAVEL MERCHANDISE.
Section 555 of the Tariff Act of 1930 (19 U.S.C. 1555)
is amended by adding at the end the following:
‘‘(c) INTERNATIONAL TRAVEL MERCHANDISE.—
‘‘(1) 
DEFINITIONS.—For 
purposes 
of 
this
section—
‘‘(A) the term ‘international travel mer-
chandise’ means duty-free or domestic merchan-
dise which is placed on board aircraft on inter-
118
national flights for sale to passengers, but which
is not merchandise incidental to the operation of
a duty-free sales enterprise;
‘‘(B) the term ‘staging area’ is an area con-
trolled by the proprietor of a bonded warehouse
outside of the physical parameters of the bonded
warehouse in which manipulation of inter-
national travel merchandise in carts occurs;
‘‘(C) the term ‘duty-free merchandise’ means
merchandise on which the liability for payment
of duty or tax imposed by reason of importation
has been deferred pending exportation from the
customs territory;
‘‘(D) the term ‘manipulation’ means the re-
packaging, cleaning, sorting, or removal from or
placement on carts of international travel mer-
chandise; and
‘‘(E) the term ‘cart’ means a portable con-
tainer holding international travel merchandise
on an aircraft for exportation.
‘‘(2) BONDED WAREHOUSE FOR INTERNATIONAL
TRAVEL MERCHANDISE.—The Secretary shall by regu-
lation establish a separate class of bonded warehouse
for the storage and manipulation of international
119
travel merchandise pending its placement on board
aircraft departing for foreign destinations.
‘‘(3) RULES FOR TREATMENT OF INTERNATIONAL
TRAVEL
MERCHANDISE
AND
BONDED
WAREHOUSES
AND STAGING AREAS.—(A) The proprietor of a bonded
warehouse established for the storage and manipula-
tion of international travel merchandise shall give a
bond in such sum and with such sureties as may be
approved by the Secretary of the Treasury to secure
the Government against any loss or expense connected
with or arising from the deposit, storage, or manipu-
lation of merchandise in such warehouse. The ware-
house proprietor’s bond shall also secure the manipu-
lation of international travel merchandise in a stag-
ing area.
‘‘(B) A transfer of liability from the inter-
national carrier to the warehouse proprietor occurs
when the carrier assigns custody of international
travel merchandise to the warehouse proprietor for
purposes of entry into warehouse or for manipulation
in the staging area.
‘‘(C) A transfer of liability from the warehouse
proprietor to the international carrier occurs when
the bonded warehouse proprietor assigns custody of
international travel merchandise to the carrier.
120
‘‘(D) The Secretary is authorized to promulgate
regulations to require the proprietor and the inter-
national carrier to keep records of the disposition of
any cart brought into the United States and all mer-
chandise on such cart.’’.
SEC. 1455. CHANGE IN RATE OF DUTY OF GOODS RETURNED
TO THE UNITED STATES BY TRAVELERS.
Subchapter XVI of chapter 98 is amended as follows:
(1) Subheading 9816.00.20 is amended—
(A) effective January 1, 2000, by striking
‘‘10 percent’’ each place it appears and inserting
‘‘5 percent’’;
(B) effective January 1, 2001, by striking
‘‘5 percent’’ each place it appears and inserting
‘‘4 percent’’; and
(C) effective January 1, 2002, by striking
‘‘4 percent’’ each place it appears and inserting
‘‘3 percent’’.
(2) Subheading 9816.00.40 is amended—
(A) effective January 1, 2000, by striking
‘‘5 percent’’ each place it appears and inserting
‘‘3 percent’’;
(B) effective January 1, 2001, by striking
‘‘3 percent’’ each place it appears and inserting
‘‘2 percent’’; and
121
(C) effective January 1, 2002, by striking
‘‘2 percent’’ each place it appears and inserting
‘‘1.5 percent’’.
SEC. 1456. TREATMENT OF PERSONAL EFFECTS OF PARTICI-
PANTS 
IN 
INTERNATIONAL 
ATHLETIC
EVENTS.
(a) IN GENERAL.—Subchapter XVII of chapter 98 is
amended by inserting in numerical sequence the following
new heading:
‘‘
9817.60.00
Any of the following articles not in-
tended for sale or distribution to the
public: personal effects of aliens who
are participants in, officials of, or
accredited members of delegations to,
an international athletic event held
in the United States, such as the
Olympics and Paralympics, the
Goodwill Games, the Special Olym-
pics World Games, the World Cup
Soccer Games, or any similar inter-
national athletic event as the Sec-
retary of the Treasury may deter-
mine, and of persons who are imme-
diate family members of or servants
to any of the foregoing persons;
equipment and materials imported
in connection with any such fore-
going event by or on behalf of the
foregoing persons or the organizing
committee of such an event, articles
to be used in exhibitions depicting
the culture of a country partici-
pating in such an event; and, if con-
sistent with the foregoing, such other
articles as the Secretary of the
Treasury may allow ..........................
.....................
Free
Free
’’.
(b) TAXES, FEES, INSPECTION.—The U.S. Notes to
chapter XVII of chapter 98 are amended by adding at the
end the following new note:
‘‘6. Any article exempt from duty under heading 9817.60.00
shall be free of taxes and fees that may otherwise be
applicable, but shall not be free or otherwise exempt or
122
excluded from routine or other inspections as may be
required by the Customs Service.’’
(b) EFFECTIVE DATE.—The amendments made by this
section apply to goods entered, or withdrawn from ware-
house, for consumption, on or after the date of the enact-
ment of this Act.
(c) TERMINATION
OF
TEMPORARY
PROVISIONS.—
Heading 9902.98.08 shall, notwithstanding any provision
of such heading, cease to be effective on the date of the enact-
ment of this Act.
SEC. 1457. COLLECTION OF FEES FOR CUSTOMS SERVICES
FOR ARRIVAL OF CERTAIN FERRIES.
Section 13031(b)(1)(A)(iii) of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(b)(1)(A)(iii)) is amended to read as follows:
‘‘(iii) the arrival of a ferry, except for
a ferry whose operations begin on or after
August 1, 1999, and that operates south of
27 degrees latitude and east of 89 degrees
longitude; or’’.
123
SEC. 1458. ESTABLISHMENT OF DRAWBACK BASED ON COM-
MERCIAL INTERCHANGEABILITY FOR CER-
TAIN RUBBER VULCANIZATION ACCELERA-
TORS.
(a) IN GENERAL.—The United States Customs Service
shall 
treat 
the 
chemical 
N-cyclohexyl-2-
benzothiazolesulfenamide and the chemical N-tert-Butyl-2-
benzothiazolesulfenamide as ‘‘commercially interchange-
able’’ within the meaning of section 313(j)(2) of the Tariff
Act of 1930 (19 U.S.C. 1313(j)(2)) for purposes of permit-
ting drawback under section 313 of the Tariff Act of 1930
(19 U.S.C. 1313.).
(b) APPLICABILITY.—Subsection (a) shall apply with
respect to any entry, or withdrawal from warehouse for con-
sumption, 
of 
the 
chemical 
N-cyclohexyl-2-
benzothiazolesulfenamide before, on, or after the date of the
enactment of this Act, that is eligible for drawback within
the time period provided in section 313(j)(2)(B) of the Tar-
iff Act of 1930 (19 U.S.C. 1313(j)(2)(B)).
SEC. 1459. CARGO INSPECTION.
The Commissioner of Customs is authorized to estab-
lish a fee-for-service agreement for a period of not less than
2 years, renewable thereafter on an annual basis, at Fort
Lauderdale-Hollywood International Airport. The agree-
ment shall provide personnel and infrastructure necessary
to conduct cargo clearance, inspection, or other customs
124
services as needed to accommodate carriers using this air-
port. When such servcies have been provided on a fee-for-
service basis for at least 2 years and the commercial con-
sumption entry level reaches 29,000 entries per year, the
Commissioner of Customs shall continue to provide cargo
clearance, inspection or other customs services, and no
charges, other than those fees authorized by section 13031(a)
of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(a)), may be collected for those services.
SEC. 1460. TREATMENT OF CERTAIN MULTIPLE ENTRIES OF
MERCHANDISE AS SINGLE ENTRY.
(a) IN GENERAL.—Section 484 of the Tariff Act of
1930 (19 U.S.C. 1484) is amended by adding at the end
the following:
‘‘(j) TREATMENT OF MULTIPLE ENTRIES OF MER-
CHANDISE AS SINGLE TRANSACTION.—In the case of mer-
chandise that is purchased and invoiced as a single entity
but—
‘‘(1) is shipped in an unassembled or disassem-
bled condition in separate shipments due to the size
or nature of the merchandise, or
‘‘(2) is shipped in separate shipments due to the
inability of the carrier to include all of the merchan-
dise in a single shipment (at the instruction of the
carrier),
125
the Customs Service may, upon application by an importer
in advance, treat such separate shipments for entry pur-
poses as a single transaction.’’.
(b) REGULATIONS.—Not later than 6 months after the
date of the enactment of this Act, the Secretary of the Treas-
ury shall issue regulations to carry out section 484(j) of
the Tariff Act of 1930, as added by subsection (a).
SEC. 1461. REPORT ON CUSTOMS PROCEDURES.
(a) REVIEW
AND REPORT.—The Secretary of the
Treasury shall—
(1) review, in consultation with United States
importers and other interested parties, including
independent third parties selected by the Secretary for
the purpose of conducting such review, customs proce-
dures and related laws and regulations applicable to
goods and commercial conveyances entering the
United States; and
(2) report to the Congress, not later than 180
days after the date of enactment of this Act, on
changes that should be made to reduce reporting and
record retention requirements for commercial parties,
specifically addressing changes needed to—
(A) separate fully and remove the linkage
between data reporting required to determine the
admissibility and release of goods and data re-
126
porting for other purposes such as collection of
revenue and statistics;
(B) reduce to a minimum data required for
determining the admissibility of goods and re-
lease of goods, consistent with the protection of
public health, safety, or welfare, or achievement
of other policy goals of the United States;
(C) eliminate or find more efficient means
of collecting data for other purposes that are un-
necessary, overly burdensome, or redundant; and
(D) enable the implementation, as soon as
possible, of the import activity summary state-
ment authorized by section 411 of the Tariff Act
of 1930 (19 U.S.C. 1411) as a means of—
(i) fully separating and removing the
linkage between the functions of collecting
revenue and statistics and the function of
determining the admissibility of goods that
must be performed for each shipment of
goods entering the United States; and
(ii) allowing for periodic, consolidated
filing of data not required for determina-
tions of admissibility.
127
(b) SPECIFIC MATTERS.—In preparing the report re-
quired by subsection (a), the Secretary of the Treasury shall
specifically report on the following:
(1) Import procedures, including specific data
items collected, that are required prior and subsequent
to the release of goods or conveyances, identifying the
rationale and legal basis for each procedure and data
requirement, uses of data collected, and procedures or
data requirements that could be eliminated, or de-
ferred and consolidated into periodic reports such as
the import activity summary statement.
(2) The identity of data and factors necessary to
determine whether physical inspections should be con-
ducted.
(3) The cost of data collection.
(4) Potential alternative sources and methodolo-
gies for collecting data, taking into account the costs
and other consequences to importers, exporters, car-
riers, and the Government of choosing alternative
sources.
(5) Recommended changes to the law, regulations
of any agency, or other measures that would improve
the efficiency of procedures and systems of the United
States Government for regulating international trade,
128
without compromising the effectiveness of procedures
and systems required by law.
SEC. 1462. DRAWBACKS FOR RECYCLED MATERIALS.
(a) IN GENERAL.—Section 313 of the Tariff Act of
1930 (19 U.S.C. 1313) is amended by adding at the end
the following new subsection:
‘‘(x) DRAWBACKS FOR RECOVERED MATERIALS.—For
purposes of subsections (a), (b), and (c), the term ‘destruc-
tion’ includes a process by which materials are recovered
from imported merchandise or from an article manufac-
tured from imported merchandise. In determining the
amount of duties to be refunded as drawback to a claimant
under this subsection, the value of recovered materials (in-
cluding the value of any tax benefit or royalty payment)
that accrues to the drawback claimant shall be deducted
from the value of the imported merchandise that is de-
stroyed, or from the value of the merchandise used, or des-
ignated as used, in the manufacture of the article.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall apply to drawback claims filed on or after the
date of enactment of this Act.
SEC. 1463. PRESERVATION OF CERTAIN REPORTING RE-
QUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination
and Sunset Act of 1995 (31 U.S.C. 1113 note) does not
129
apply to any report required to be submitted under any
of the following provisions of law:
(1) Section 163 of the Trade Act of 1974 (19
U.S.C. 2213).
(2) Section 181 of the Trade Act of 1974 (19
U.S.C. 2241).
SEC. 1464. IMPORTATION OF GUM ARABIC.
(a) FINDINGS.—The Congress finds the following:
(1) The Republic of the Sudan produces 60 per-
cent of the world’s supply of gum arabic in raw form
and has a virtual monopoly on the world’s supply of
the highest grade of gum arabic.
(2) The President imposed comprehensive sanc-
tions against Sudan on November 3, 1997, under Ex-
ecutive Order 13067.
(3) The Secretary of the Treasury, upon rec-
ommendation of the Secretary of State, has issued
limited licenses each year since the imposition of
sanctions against Sudan under Executive Order
13067 to permit United States gum arabic processors
to import gum arabic in raw form from Sudan due
to a lack of alternative sources in other countries.
(4) The United States gum arabic processing in-
dustry consists of three small companies whose exist-
130
ence is threatened by the comprehensive sanctions in
effect against Sudan.
(5) The United States gum arabic processing in-
dustry is working with the United States Agency for
International Development to develop alternative
sources of gum arabic in raw form in countries that
are not subject to sanctions, but alternative sources of
the highest grade of gum arabic in raw form are not
currently available.
(b) LICENSE APPLICATIONS TO IMPORT GUM ARABIC
FROM SUDAN.—Notwithstanding any other provision of
law, the Secretary of the Treasury and the Secretary of
State, in consultation with the Secretary of Commerce and
the heads of other appropriate agencies—
(1) shall consider promptly any license applica-
tion by a United States gum arabic processor to im-
port gum arabic in raw form from the Republic of the
Sudan; and
(2) in reviewing such license applications by
United States gum arabic processors, shall consider
whether adequate commercial quantities of the highest
grade of gum arabic in raw form are available from
countries not subject to United States sanctions in
order to allow such United States processors of gum
arabic to remain in business.
131
(c) DEVELOPMENT OF ALTERNATIVE SOURCES OF GUM
ARABIC.—The President shall utilize such authority as is
available to the President to promote the development in
countries other than Sudan of alternative sources of the
highest grade of gum arabic in raw form of sufficient com-
mercial quality to be utilized in products intended for
human consumption.
(d) DEFINITION.—In this section, the term ‘‘gum ara-
bic in raw form’’ means gum arabic of the type described
in subheadings 1301.20.00 and 1301.90.90 of the Har-
monized Tariff Schedule of the United States.
SEC. 1465. CUSTOMS SERVICES AT THE DETROIT METRO-
POLITAN AIRPORT.
The Commissioner of the Customs Service shall re-im-
plement the policy in effect prior to January 1, 1999, at
the Detroit Metropolitan Airport to provide services at re-
mote locations of the Airport, except that such services shall
be provided only on a reimbursable basis.
Subtitle C—Effective Date
SEC. 1471. EFFECTIVE DATE.
Except as otherwise provided in this title, the amend-
ments made by this title shall apply with respect to goods
entered, or withdrawn from warehouse, for consumption, on
or after the 15th day after the date of enactment of this
Act.
132
TITLE II—OTHER TRADE
PROVISIONS
SEC. 2001. TRADE ADJUSTMENT ASSISTANCE FOR CERTAIN
WORKERS AFFECTED BY ENVIRONMENTAL
REMEDIATION OR CLOSURE OF A COPPER
MINING FACILITY.
(a) CERTIFICATION OF ELIGIBILITY FOR WORKERS
REQUIRED FOR CLOSURE OF FACILITY.—
(1) IN
GENERAL.—Notwithstanding any other
provision of law or any decision by the Secretary of
Labor denying certification or eligibility for certifi-
cation for adjustment assistance under title II of the
Trade Act of 1974, a qualified worker described in
paragraph (2) shall be certified by the Secretary as
eligible to apply for adjustment assistance under such
title II.
(2) QUALIFIED WORKER.—For purposes of this
subsection, a ‘‘qualified worker’’ means a worker
who—
(A) was employed at the copper mining fa-
cility referenced in Trade Adjustment Assistance
Certification TAW–31,402 during any part of
the period covered by that certification and was
separated from employment after the expiration
of that certification; and
133
(B) was necessary for the environmental re-
mediation or closure of such mining facility.
(b) EFFECTIVE DATE.—The amendment made by this
section shall take effect on the date of enactment of this Act.
SEC. 2002. CHIEF AGRICULTURAL NEGOTIATOR.
Section 5314 of title 5, United States Code, is amended
by inserting after ‘‘Deputy United States Trade Represent-
atives (3).’’ the following:
‘‘Chief Agricultural Negotiator.’’.
TITLE III—EXTENSION OF NON-
DISCRIMINATORY 
TREAT-
MENT TO GEORGIA
SEC. 3001. FINDINGS.
Congress finds that Georgia has—
(1) made considerable progress toward respecting
fundamental human rights consistent with the objec-
tives of title IV of the Trade Act of 1974;
(2) adopted administrative procedures that ac-
cord its citizens the right to emigrate, travel freely,
and to return to their country without restriction;
(3) been found to be in full compliance with the
freedom of emigration provisions in title IV of the
Trade Act of 1974;
134
(4) made progress toward democratic rule and
creating a free market economic system since its inde-
pendence from the Soviet Union;
(5) demonstrated strong and effective enforce-
ment of internationally recognized core labor stand-
ards and a commitment to continue to improve effec-
tive enforcement of its laws reflecting such standards;
(6) committed to developing a system of govern-
ance in accordance with the provisions of the Final
Act of the Conference on Security and Cooperation in
Europe (also known as the ‘‘Helsinki Final Act’’) re-
garding human rights and humanitarian affairs;
(7) endeavored to address issues related to its na-
tional and religious minorities and, as a member
state of the Organization for Security and Coopera-
tion in Europe (OSCE), committed to adopting spe-
cial measures for ensuring that persons belonging to
national minorities have full equality individually as
well as in community with other members of their
group;
(8) also committed to enacting legislation to pro-
vide protection against incitement to violence against
persons or groups based on national, racial, ethnic, or
religious discrimination, hostility, or hatred, includ-
ing anti-Semitism;
135
(9) continued to return communal properties
confiscated from national and religious minorities
during the Soviet period, facilitating the reemergence
of these communities in the national life of Georgia
and establishing the legal framework for completion of
this process in the future;
(10) concluded a bilateral trade agreement with
the United States in 1993 and a bilateral investment
treaty in 1994;
(11) demonstrated a strong desire to build a
friendly and cooperative relationship with the United
States; and
(12) acceded to the World Trade Organization on
June 14, 2000, and the extension of unconditional
normal trade relations treatment to the products of
Georgia will enable the United States to avail itself
of all rights under the World Trade Organization
with respect to Georgia.
SEC. 3002. TERMINATION OF APPLICATION OF TITLE IV OF
THE TRADE ACT OF 1974 TO GEORGIA.
(a) PRESIDENTIAL DETERMINATIONS
AND EXTEN-
SIONS
OF
NONDISCRIMINATORY
TREATMENT.—Notwith-
standing any provision of title IV of the Trade Act of 1974
(19 U.S.C. 2431 et seq.), the President may—
136
(1) determine that such title should no longer
apply to Georgia; and
(2) after making a determination under para-
graph (1) with respect to Georgia, proclaim the exten-
sion of nondiscriminatory treatment (normal trade
relations treatment) to the products of that country.
(b) TERMINATION OF APPLICATION OF TITLE IV.—On
and after the effective date of the extension under subsection
(a)(2) of nondiscriminatory treatment to the products of
Georgia, title IV of the Trade Act of 1974 shall cease to
apply to that country.
TITLE IV—IMPORTED
CIGARETTE COMPLIANCE
SEC. 4001. SHORT TITLE.
This title may be cited as the ‘‘Imported Cigarette
Compliance Act of 2000’’.
SEC. 4002. MODIFICATIONS TO RULES GOVERNING RE-
IMPORTATION OF TOBACCO PRODUCTS.
(a) RESTRICTIONS ON TOBACCO PRODUCTS INTENDED
FOR EXPORT.—Section 5754 of the Internal Revenue Code
of 1986 is amended to read as follows:
‘‘SEC. 5754. RESTRICTION ON IMPORTATION OF PRE-
VIOUSLY EXPORTED TOBACCO PRODUCTS.
‘‘(a) EXPORT-LABELED TOBACCO PRODUCTS.—
137
‘‘(1) IN GENERAL.—Tobacco products and ciga-
rette papers and tubes manufactured in the United
States and labeled for exportation under this
chapter—
‘‘(A) may be transferred to or removed from
the premises of a manufacturer or an export
warehouse proprietor only if such articles are
being transferred or removed without tax in ac-
cordance with section 5704;
‘‘(B) may be imported or brought into the
United States, after their exportation, only if
such articles either are eligible to be released
from customs custody with the partial duty ex-
emption provided in section 5704(d) or are re-
turned to the original manufacturer of such arti-
cle as provided in section 5704(c); and
‘‘(C) may not be sold or held for sale for do-
mestic consumption in the United States unless
such articles are removed from their export pack-
aging and repackaged by the original manufac-
turer into new packaging that does not contain
an export label.
‘‘(2) ALTERATIONS
BY
PERSONS
OTHER
THAN
ORIGINAL MANUFACTURER.—This section shall apply
to articles labeled for export even if the packaging or
138
the appearance of such packaging to the consumer of
such articles has been modified or altered by a person
other than the original manufacturer so as to remove
or conceal or attempt to remove or conceal (including
by the placement of a sticker over) any export label.
‘‘(3) EXPORTS INCLUDE SHIPMENTS TO PUERTO
RICO.—For purposes of this section, section 5704(d),
section 5761, and such other provisions as the Sec-
retary may specify by regulations, references to expor-
tation shall be treated as including a reference to
shipment to the Commonwealth of Puerto Rico.
‘‘(b) EXPORT LABEL.—For purposes of this section, an
article is labeled for export or contains an export label if
it bears the mark, label, or notice required under section
5704(b).
‘‘(c) CROSS REFERENCES.—
‘‘(1) For exception to this section for personal
use, see section 5761(c).
‘‘(2) For civil penalties related to violations of
this section, see section 5761(c).
‘‘(3) For a criminal penalty applicable to any
violation of this section, see section 5762(b).
‘‘(4) For forfeiture provisions related to viola-
tions of this section, see section 5761(c).’’.
139
(b) CLARIFICATION OF REIMPORTATION RULES.—Sec-
tion 5704(d) of such Code (relating to tobacco products and
cigarette papers and tubes exported and returned) is
amended—
(1) by striking ‘‘a manufacturer of’’ and insert-
ing ‘‘the original manufacturer of such’’, and
(2) by inserting ‘‘authorized by such manufac-
turer to receive such articles’’ after ‘‘proprietor of an
export warehouse’’.
(c) REQUIREMENT TO DESTROY FORFEITED TOBACCO
PRODUCTS.—The last sentence of subsection (c) of section
5761 of such Code is amended by striking ‘‘the jurisdiction
of the United States’’ and all that follows through the end
period and inserting ‘‘the jurisdiction of the United States
shall be forfeited to the United States and destroyed. All
vessels, vehicles, and aircraft used in such relanding or in
removing such products, papers, and tubes from the place
where relanded, shall be forfeited to the United States.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect 90 days after the date of the enact-
ment of this Act.
(e) STUDY.—The Secretary of the Treasury shall re-
port to Congress on the impact of requiring export ware-
houses to be authorized by the original manufacturer to re-
ceive relanded export-labeled cigarettes.
140
SEC. 4003. TECHNICAL AMENDMENT TO THE BALANCED
BUDGET ACT OF 1997.
(a) IN GENERAL.—Subsection (c) of section 5761 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following: ‘‘This subsection and section 5754
shall not apply to any person who relands or receives to-
bacco products in the quantity allowed entry free of tax and
duty under subchapter IV of chapter 98 of the Harmonized
Tariff Schedule of the United States. No quantity of tobacco
products other than the quantity referred to in the pre-
ceding sentence may be relanded or received as a personal
use quantity.’’.
(b) EFFECTIVE DATE.—The amendment made by this
section shall take effect as if included in section 9302 of
the Balanced Budget Act of 1997.
SEC. 4004. REQUIREMENTS APPLICABLE TO IMPORTS OF
CERTAIN CIGARETTES.
(a) IN GENERAL.—The Tariff Act of 1930 (19 U.S.C.
1202 et seq.) is amended by adding at the end the following:
‘‘TITLE VIII—REQUIREMENTS AP-
PLICABLE 
TO 
IMPORTS 
OF
CERTAIN CIGARETTES
‘‘SEC. 801. DEFINITIONS.
‘‘In this title:
141
‘‘(1) SECRETARY.—Except as otherwise indi-
cated, the term ‘Secretary’ means the Secretary of the
Treasury.
‘‘(2) PRIMARY PACKAGING.—The term ‘primary
packaging’ refers to the permanent packaging inside
of the innermost cellophane or other transparent
wrapping and labels, if any. Warnings or other state-
ments shall be deemed ‘permanently imprinted’ only
if printed directly on such primary packaging and
not by way of stickers or other similar devices.
‘‘SEC. 802. REQUIREMENTS FOR ENTRY OF CERTAIN CIGA-
RETTES.
‘‘(a) GENERAL RULE.—Except as provided in sub-
section (b), cigarettes may be imported into the United
States only if—
‘‘(1) the original manufacturer of those cigarettes
has timely submitted, or has certified that it will
timely submit, to the Secretary of Health and Human
Services the lists of the ingredients added to the to-
bacco in the manufacture of such cigarettes as de-
scribed in section 7 of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1335a);
‘‘(2) the precise warning statements in the pre-
cise format specified in section 4 of the Federal Ciga-
142
rette Labeling and Advertising Act (15 U.S.C. 1333)
are permanently imprinted on both—
‘‘(A) the primary packaging of all those
cigarettes; and
‘‘(B) any other pack, box, carton, or con-
tainer of any kind in which those cigarettes are
to be offered for sale or otherwise distributed to
consumers;
‘‘(3) the manufacturer or importer of those ciga-
rettes is in compliance with respect to those cigarettes
being imported into the United States with a rotation
plan approved by the Federal Trade Commission pur-
suant to section 4(c) of the Federal Cigarette Labeling
and Advertising Act (15 U.S.C. 1333(c));
‘‘(4) if such cigarettes bear a United States
trademark registered for such cigarettes, the owner of
such United States trademark registration for ciga-
rettes (or a person authorized to act on behalf of such
owner) has consented to the importation of such ciga-
rettes into the United States; and
‘‘(5) the importer has submitted at the time of
entry all of the certificates described in subsection (c).
‘‘(b) EXEMPTIONS.—Cigarettes satisfying the condi-
tions of any of the following paragraphs shall not be subject
to the requirements of subsection (a):
143
‘‘(1) PERSONAL-USE
CIGARETTES.—Cigarettes
that are imported into the United States in personal
use quantities that are allowed entry free of tax and
duty under subchapter IV of chapter 98 of the Har-
monized Tariff Schedule of the United States.
‘‘(2) CIGARETTES IMPORTED INTO THE UNITED
STATES FOR ANALYSIS.—Cigarettes that are imported
into the United States solely for the purpose of anal-
ysis in quantities suitable for such purpose, but only
if the importer submits at the time of entry a certifi-
cate signed, under penalties of perjury, by the con-
signee (or a person authorized by such consignee) pro-
viding such facts as may be required by the Secretary
to establish that such consignee is a manufacturer of
cigarettes, a Federal or State government agency, a
university, or is otherwise engaged in bona fide re-
search and stating that such cigarettes will be used
solely for analysis and will not be sold in domestic
commerce in the United States.
‘‘(3) CIGARETTES INTENDED FOR NONCOMMER-
CIAL
USE, 
REEXPORT, 
OR
REPACKAGING.—
Cigarettes—
‘‘(A) for which the owner of such United
States trademark registration for cigarettes (or a
person authorized to act on behalf of such owner)
144
has consented to the importation of such ciga-
rettes into the United States; and
‘‘(B) for which the importer submits a cer-
tificate signed by the manufacturer or export
warehouse (or a person authorized by such man-
ufacturer or export warehouse) to which such
cigarettes are to be delivered (as provided in sub-
paragraph (A)) stating, under penalties of per-
jury, with respect to those cigarettes, that it will
not distribute those cigarettes into domestic com-
merce unless prior to such distribution all steps
have been taken to comply with paragraphs (1),
(2), and (3) of subsection (a), and, to the extent
applicable, section 5754(a)(1) (B) and (C) of the
Internal Revenue Code of 1986.
For purposes of this section, a trademark is registered in
the United States if it is registered in the United States
Patent and Trademark Office under the provisions of title
I of the Act of July 5, 1946 (popularly known as the ‘Trade-
mark Act of 1946’), and a copy of the certificate of registra-
tion of such mark has been filed with the Secretary. The
Secretary shall make available to interested parties a cur-
rent list of the marks so filed.
‘‘(c) CUSTOMS CERTIFICATIONS REQUIRED FOR CIGA-
RETTE IMPORTS.—The certificates that must be submitted
145
by the importer of cigarettes at the time of entry in order
to comply with subsection (a)(5) are—
‘‘(1) a certificate signed by the manufacturer of
such cigarettes or an authorized official of such man-
ufacturer stating under penalties of perjury, with re-
spect to those cigarettes, that such manufacturer has
timely submitted, and will continue to submit timely,
to the Secretary of Health and Human Services the
ingredient reporting information required by section
7 of the Federal Cigarette Labeling and Advertising
Act (15 U.S.C. 1335a);
‘‘(2) a certificate signed by such importer or an
authorized official of such importer stating under
penalties of perjury that—
‘‘(A) the precise warning statements in the
precise format required by section 4 of the Fed-
eral Cigarette Labeling and Advertising Act (15
U.S.C. 1333) are permanently imprinted on
both—
‘‘(i) the primary packaging of all those
cigarettes; and
‘‘(ii) any other pack, box, carton, or
container of any kind in which those ciga-
rettes are to be offered for sale or otherwise
distributed to consumers; and
146
‘‘(B) with respect to those cigarettes being
imported into the United States, such importer
has complied, and will continue to comply, with
a rotation plan approved by the Federal Trade
Commission pursuant to section 4(c) of the Fed-
eral Cigarette Labeling and Advertising Act (15
U.S.C. 1333(c)); and
‘‘(3)(A) if such cigarettes bear a United States
trademark registered for cigarettes, a certificate
signed by the owner of such United States trademark
registration for cigarettes (or a person authorized to
act on behalf of such owner) stating under penalties
of perjury that such owner (or authorized person)
consents to the importation of such cigarettes into the
United States; and
‘‘(B) a certificate signed by the importer or an
authorized official of such importer stating under
penalties of perjury that the consent referred to in
subparagraph (A) is accurate, remains in effect, and
has not been withdrawn.
The Secretary may provide by regulation for the submission
of certifications under this section in electronic form if,
prior to the entry of any cigarettes into the United States,
the person required to provide such certifications submits
to the Secretary a written statement, signed under penalties
147
of perjury, verifying the accuracy and completeness of all
information contained in such electronic submissions.
‘‘SEC. 803. ENFORCEMENT.
‘‘(a) CIVIL PENALTY.—Any person who violates a pro-
vision of section 802 shall, in addition to the tax and any
other penalty provided by law, be liable for a civil penalty
for each violation equal to the greater of $1,000 or 5 times
the amount of the tax imposed by chapter 52 of the Internal
Revenue Code of 1986 on all cigarettes that are the subject
of such violation.
‘‘(b) FORFEITURES.—Any tobacco product, cigarette
papers, or tube that was imported into the United States
or is sought to be imported into the United States in viola-
tion of, or without meeting the requirements of, section 802
shall be forfeited to the United States. Notwithstanding any
other provision of law, any product forfeited to the United
States pursuant to this title shall be destroyed.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect 30 days after the date of the
enactment of this Act.
Attest:
Clerk.