124
lieves that such denial resulted from a ministerial or
clerical error, not amounting to a mistake of law,
committed by any Customs officer, the master may
petition the Customs Service for correction of such
error, as provided by regulation.
‘‘(2) INAPPLICABILITY OF SECTIONS 514 AND
520.—Notwithstanding paragraph (1), imposition of
countermeasures under this section shall not be
deemed an exclusion or other protestable decision
under section 514, and shall not be subject to cor-
rection under section 520.
‘‘(3) PETITIONS SEEKING ADMINISTRATIVE RE-
VIEW.—Any petition seeking administrative review
of any matter regarding the Secretary of Com-
merce’s decision to list a vessel under section 807
must be brought under that section.
‘‘(d) PENALTIES.—In addition to any other provision
of law, the Customs Service may impose a civil penalty
of not to exceed $10,000 against the master of any ves-
sel—
‘‘(1) who submits false information in request-
ing any permit to lade or unlade; or
‘‘(2) who attempts to, or actually does, lade or
unlade in violation of any denial of such permit
under this section.’’.
125
SEC. 103. JUDICIAL REVIEW IN INJURIOUS PRICING AND
COUNTERMEASURE PROCEEDINGS.
(a) JUDICIAL REVIEW.—Part III of title IV of the
Tariff Act of 1930 is amended by inserting after section
516A the following:
‘‘SEC. 516B. JUDICIAL REVIEW IN INJURIOUS PRICING AND
COUNTERMEASURE PROCEEDINGS.
‘‘(a) REVIEW OF DETERMINATION.—
‘‘(1) IN GENERAL.—Within 30 days after the
date of publication in the Federal Register of—
‘‘(A)(i) a determination by the administer-
ing authority under section 802(c) not to initi-
ate an investigation,
‘‘(ii) a negative determination by the Com-
mission under section 803(a) as to whether
there is or has been reasonable indication of
material injury, threat of material injury, or
material retardation,
‘‘(iii) a determination by the administering
authority to suspend or revoke an injurious
pricing order under section 806(d) or (e),
‘‘(iv) a determination by the administering
authority under section 807(c),
‘‘(v) a determination by the administering
authority in a review under section 807(d),
126
‘‘(vi) a determination by the administering
authority concerning whether to extend the
scope or duration of a countermeasure order
under section 807(e)(3)(B)(ii),
‘‘(vii) a determination by the administering
authority to amend a countermeasure order
under section 807(e)(6),
‘‘(viii) a determination by the administer-
ing authority in a review under section 807(g),
‘‘(ix) a determination by the administering
authority under section 807(i) to terminate pro-
ceedings, or to amend or revoke a counter-
measure order,
‘‘(x) a determination by the administering
authority under section 845(b), with respect to
a matter described in paragraph (1)(D) of that
section, or
‘‘(B)(i) an injurious pricing order based on
a determination described in subparagraph (A)
of paragraph (2),
‘‘(ii) notice of a determination described in
subparagraph (B) of paragraph (2),
‘‘(iii) notice of implementation of a deter-
mination described in subparagraph (C) of
paragraph (2), or
127
‘‘(iv) notice of revocation of an injurious
pricing order based on a determination de-
scribed in subparagraph (D) of paragraph (2),
an interested party who is a party to the proceeding
in connection with which the matter arises may com-
mence an action in the United States Court of Inter-
national Trade by filing concurrently a summons
and complaint, each with the content and in the
form, manner, and style prescribed by the rules of
that court, contesting any factual findings or legal
conclusions upon which the determination is based.
‘‘(2) REVIEWABLE DETERMINATIONS.—The de-
terminations referred to in paragraph (1)(B) are—
‘‘(A) a final affirmative determination by
the administering authority or by the Commis-
sion under section 805, including any negative
part of such a determination (other than a part
referred to in subparagraph (B)),
‘‘(B) a final negative determination by the
administering authority or the Commission
under section 805,
‘‘(C) a determination by the administering
authority under section 845(b), with respect to
a matter described in paragraph (1)(A) of that
section, and
128
‘‘(D) a determination by the Commission
under section 845(a) that results in the revoca-
tion of an injurious pricing order.
‘‘(3) EXCEPTION.—Notwithstanding the 30-day
limitation imposed by paragraph (1) with regard to
an order described in paragraph (1)(B)(i), a final af-
firmative determination by the administering author-
ity under section 805 may be contested by commenc-
ing an action, in accordance with the provisions of
paragraph (1), within 30 days after the date of pub-
lication in the Federal Register of a final negative
determination by the Commission under section 805.
‘‘(4) PROCEDURES AND FEES.—The procedures
and fees set forth in chapter 169 of title 28, United
States Code, apply to an action under this section.
‘‘(b) STANDARDS OF REVIEW.—
‘‘(1) REMEDY.—The court shall hold unlawful
any determination, finding, or conclusion found—
‘‘(A) in an action brought under subpara-
graph (A) of subsection (a)(1), to be arbitrary,
capricious, an abuse of discretion, or otherwise
not in accordance with law, or
‘‘(B) in an action brought under subpara-
graph (B) of subsection (a)(1), to be unsup-
129
ported by substantial evidence on the record, or
otherwise not in accordance with law.
‘‘(2) RECORD FOR REVIEW.—
‘‘(A) IN GENERAL.—For purposes of this
subsection, the record, unless otherwise stipu-
lated by the parties, shall consist of—
‘‘(i) a copy of all information pre-
sented to or obtained by the administering
authority or the Commission during the
course of the administrative proceeding, in-
cluding all governmental memoranda per-
taining to the case and the record of ex
parte meetings required to be kept by sec-
tion 843(a)(2); and
‘‘(ii) a copy of the determination, all
transcripts or records of conferences or
hearings, and all notices published in the
Federal Register.
‘‘(B) CONFIDENTIAL OR PRIVILEGED MA-
TERIAL.—The confidential or privileged status
accorded to any documents, comments, or infor-
mation shall be preserved in any action under
this section. Notwithstanding the preceding sen-
tence, the court may examine, in camera, the
confidential or privileged material, and may dis-
130
close such material under such terms and con-
ditions as it may order.
‘‘(c) STANDING.—Any interested party who was a
party to the proceeding under title VIII shall have the
right to appear and be heard as a party in interest before
the United States Court of International Trade in an ac-
tion under this section. The party filing the action shall
notify all such interested parties of the filing of an action
under this section, in the form, manner, and within the
time prescribed by rules of the court.
‘‘(d) DEFINITIONS.—For purposes of this section:
‘‘(1) ADMINISTERING
AUTHORITY.—The term
‘administering authority’ has the meaning given that
term in section 861(1).
‘‘(2) COMMISSION.—The term ‘Commission’
means the United States International Trade Com-
mission.
‘‘(3) INTERESTED
PARTY.—The term ‘inter-
ested party’ means any person described in section
861(17).’’.
(b) CONFORMING AMENDMENTS.—
(1) JURISDICTION
OF
THE
COURT.—Section
1581(c) of title 28, United States Code, is amended
by inserting ‘‘or 516B’’ after ‘‘section 516A’’.
131
(2) RELIEF.—Section 2643 of title 28, United
States Code, is amended—
(A) in subsection (c)(1) by striking ‘‘and
(5)’’ and inserting ‘‘(5), and (6)’’; and
(B) in subsection (c) by adding at the end
the following new paragraph:
‘‘(6) In any civil action under section 516B of the
Tariff Act of 1930, the Court of International Trade may
not issue injunctions or any other form of equitable relief,
except with regard to implementation of a countermeasure
order under section 468 of that Act, upon a proper show-
ing that such relief is warranted.’’.
TITLE II—OTHER PROVISIONS
SEC. 201. EQUIPMENT AND REPAIR OF VESSELS.
Section 466 of the Tariff Act of 1930 (19 U.S.C.
1466), is amended by adding at the end the following new
subsection:
‘‘(i) The duty imposed by subsection (a) shall not
apply with respect to activities occurring in a Shipbuilding
Agreement Party, as defined in section 861(22), with re-
spect to—
‘‘(1) self-propelled seagoing vessels of 100 gross
tons or more that are used for transportation of
goods or persons or for performance of a specialized
132
service (including, but not limited to, ice breakers
and dredges), and
‘‘(2) tugs of 365 kilowatts or more.
A vessel shall be considered ‘self-propelled seagoing’ if its
permanent propulsion and steering provide it all the char-
acteristics of self-navigability in the high seas.’’.
SEC. 202. 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 Shipbuilding Agreement or by virtue of
congressional approval of the agreement, 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, the District of Columbia, any State,
any political subdivision of a State, or any territory
or possession of the United States on the ground
that such action or inaction is inconsistent with such
agreement.
SEC. 203. IMPLEMENTING REGULATIONS.
After the date of the enactment of this Act, the heads
of agencies with functions under this Act and the amend-
ments made by this Act may issue such regulations as may
be necessary to ensure that this Act is appropriately im-
133
plemented on the date the Shipbuilding Agreement enters
into force with respect to the United States.
SEC. 204. AMENDMENTS TO THE MERCHANT MARINE ACT,
1936.
The Merchant Marine Act, 1936, is amended as fol-
lows:
(1) 
Section 
511(a)(2) 
(46 
App. 
U.S.C.
1161(a)(2)) is amended by inserting after ‘‘1939,’’
the following: ‘‘or, if the vessel is a Shipbuilding
Agreement vessel, constructed in a Shipbuilding
Agreement Party, but only with regard to moneys
deposited, on or after the date on which the Ship-
building Trade Agreement Act takes effect, into a
construction reserve fund established under sub-
section (b)’’.
(2) Section 601(a) (46 App. U.S.C. 1171(a)) is
amended by striking ‘‘, and that such vessel or ves-
sels were built in the United States, or have been
documented under the laws of the United States not
later than February 1, 1928, or actually ordered and
under construction for the account of citizens of the
United States prior to such date,’’ and inserting
‘‘and that such vessel or vessels were built in the
United States, or, if the vessel or vessels are Ship-
134
building Agreement vessels, in a Shipbuilding Agree-
ment Party’’.
(3) Section 606(6) (46 App. U.S.C. 1176(6)) is
amended by inserting ‘‘or, if the vessel is a Ship-
building Agreement vessel, in a Shipbuilding Agree-
ment Party or in the United States, before ‘‘, except
in an emergency.’’.
(4) Section 607 (46 App. U.S.C. 1177) is
amended as follows:
(A) Subsection (a) is amended by inserting
‘‘or, if the vessel is a Shipbuilding Agreement
vessel, in a Shipbuilding Agreement Party,’’
after ‘‘built in the United States’’.
(B) Subsection (k) is amended as follows:
(i) Paragraph (1) is amended by
striking subparagraph (A) and inserting
the following:
‘‘(A)(i) constructed in the United States
and, if reconstructed, reconstructed in the
United States or in a Shipbuilding Agreement
Party, or
‘‘(ii) that is a Shipbuilding Agreement ves-
sel and is constructed in a Shipbuilding Agree-
ment Party and, if reconstructed, is recon-