I
107TH CONGRESS
1ST SESSION
H. R. 2603
To implement the agreement establishing a United States-Jordan free trade
area.
IN THE HOUSE OF REPRESENTATIVES
JULY 24, 2001
Mr. THOMAS introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on the Ju-
diciary, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To implement the agreement establishing a United States-
Jordan free trade area.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘United States-Jordan
Free Trade Area Implementation Act’’.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to implement the agreement between the
United States and Jordan establishing a free trade
area;
(2) to strengthen and develop the economic re-
lations between the United States and Jordan for
their mutual benefit; and
(3) to establish free trade between the 2 nations
through the removal of trade barriers.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) 
AGREEMENT.—The 
term 
‘‘Agreement’’
means the Agreement between the United States of
America and the Hashemite Kingdom of Jordan on
the Establishment of a Free Trade Area, entered
into on October 24, 2000.
(2) HTS.—The term ‘‘HTS’’ means the Har-
monized Tariff Schedule of the United States.
TITLE 
I—TARIFF 
MODIFICA-
TIONS; RULES OF ORIGIN
SEC. 101. 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 article 2.1 of the Agreement and the schedule
of duty reductions with respect to Jordan set out in Annex
2.1 of the Agreement.
(b) OTHER TARIFF MODIFICATIONS.—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 maintain the general level of reciprocal and mutually
advantageous concessions with respect to Jordan provided
for by the Agreement.
SEC. 102. RULES OF ORIGIN.
(a) IN GENERAL.—
(1) ELIGIBLE ARTICLES.—
(A) IN GENERAL.—The reduction or elimi-
nation of any duty imposed on any article by
the United States provided for in the Agree-
ment shall apply only if—
(i) that article is imported directly
from Jordan into the customs territory of
the United States; and
(ii) that article—
(I) is wholly the growth, product,
or manufacture of Jordan; or
(II) is a new or different article
of commerce that has been grown,
produced, or manufactured in Jordan
and meets the requirements of sub-
paragraph (B).
(B) REQUIREMENTS.—
(i) GENERAL
RULE.—The require-
ments of this subparagraph are that with
respect to an article described in subpara-
graph (A)(ii)(II), the sum of—
(I) the cost or value of the mate-
rials produced in Jordan, plus
(II) the direct costs of processing
operations performed in Jordan,
is not less than 35 percent of the ap-
praised value of such article at the time it
is entered.
(ii) MATERIALS PRODUCED IN UNITED
STATES.—If the cost or value of materials
produced in the customs territory of the
United States is included with respect to
an article to which this paragraph applies,
an amount not to exceed 15 percent of the
appraised value of the article at the time
it is entered that is attributable to such
United States cost or value may be applied
toward determining the percentage re-
ferred to in clause (i).
(2) EXCLUSIONS.—No article may be consid-
ered to meet the requirements of paragraph (1)(A)
by virtue of having merely undergone—
(A) simple combining or packaging oper-
ations; or
(B) mere dilution with water or mere dilu-
tion with another substance that does not mate-
rially alter the characteristics of the article.
(b) DIRECT COSTS OF PROCESSING OPERATIONS.—
(1) IN GENERAL.—As used in this section, the
term ‘‘direct costs of processing operations’’ in-
cludes, but is not limited to—
(A) all actual labor costs involved in the
growth, production, manufacture, or assembly
of the specific merchandise, including fringe
benefits, on-the-job training, and the cost of en-
(A) the article is wholly obtained or pro-
duced in Jordan;
(B) the article is a yarn, thread, twine,
cordage, rope, cable, or braiding, and—
(i) the constituent staple fibers are
spun in Jordan, or
(ii) the continuous filament is ex-
truded in Jordan;
(C) the article is a fabric, including a fab-
ric classified under chapter 59 of the HTS, and
the constituent fibers, filaments, or yarns are
woven, knitted, needled, tufted, felted, entan-
gled, or transformed by any other fabric-making
process in Jordan; or
(D) the article is any other textile or ap-
parel article that is wholly assembled in Jordan
from its component pieces.
(2) DEFINITION.—For purposes of paragraph
(1), an article is ‘‘wholly obtained or produced in
Jordan’’ if it is wholly the growth, product, or man-
ufacture of Jordan.
(3) SPECIAL
RULES.—(A) Notwithstanding
paragraph (1)(D) and except as provided in sub-
paragraphs (C) and (D) of this paragraph, subpara-
graph (A), (B), or (C) of paragraph (1), as appro-
priate, shall determine whether a good that is classi-
fied under one of the following headings or sub-
headings of the HTS shall be considered to meet the
requirements of paragraph (1)(A) of subsection (a):
5609, 5807, 5811, 6209.20.50.40, 6213, 6214,
6301, 6302, 6304, 6305, 6306, 6307.10, 6307.90,
6308, and 9404.90.
(B) Notwithstanding paragraph (1)(D) and ex-
cept as provided in subparagraphs (C) and (D) of
this paragraph, a textile or apparel article which is
knit-to-shape in Jordan shall be considered to meet
the requirements of paragraph (1)(A) of subsection
(a).
(C) Notwithstanding paragraph (1)(D), a good
classified under heading 6117.10, 6213.00, 6214.00.
6302.22, 6302.29, 6302.52, 6302.53, 6302.59,
6302.92, 6302.93, 6302.99, 6303.92, 6303.99,
6304.19, 
6304.93, 
6304.99, 
9404.90.85, 
or
9404.90.95 of the HTS, except for a good classified
under any such heading as of cotton or of wool or
consisting of fiber blends containing 16 percent or
more by weight of cotton, shall be considered to
meet the requirements of paragraph (1)(A) of sub-
section (a) if the fabric in the good is both dyed and
printed in Jordan, and such dyeing and printing is
accompanied by 2 or more of the following finishing
operations: bleaching, shrinking, fulling, napping,
decating, permanent stiffening, weighting, perma-
nent embossing, or moireing.
(D) Notwithstanding paragraph (1)(C), a fabric
classified under the HTS as of silk, cotton, man-
made fiber, or vegetable fiber shall be considered to
meet the requirements of paragraph (1)(A) of sub-
section (a) if the fabric is both dyed and printed in
Jordan, and such dyeing and printing is accom-
panied by 2 or more of the following finishing oper-
ations: 
bleaching, 
shrinking, 
fulling, 
napping,
decating, permanent stiffening, weighting, perma-
nent embossing, or moireing.
(4) MULTICOUNTRY RULE.—If the origin of a
textile or apparel article cannot be determined under
paragraph (1) or (3), then that article shall be con-
sidered to meet the requirements of paragraph
(1)(A) of subsection (a) if—
(A) the most important assembly or manu-
facturing process occurs in Jordan; or
(B) if the applicability of paragraph (1)(A)
of subsection (a) cannot be determined under
subparagraph (A), the last important assembly
or manufacturing occurs in Jordan.
(d) EXCLUSION.—A good shall not be considered to
meet the requirements of paragraph (1)(A) of subsection
(a) if the good—
(1) is imported into Jordan, and, at the time of
importation, would be classified under heading 0805
of the HTS; and
(2) is processed in Jordan into a good classified
under any of subheadings 2009.11 through 2009.30
of the HTS.
(e) REGULATIONS.—The Secretary of the Treasury,
after consultation with the United States Trade Rep-
resentative, shall prescribe such regulations as may be
necessary to carry out this section.
TITLE II—RELIEF FROM
IMPORTS
Subtitle A—General Provisions
SEC. 201. DEFINITIONS.
As used in this title:
(1) COMMISSION.—The term ‘‘Commission’’
means the United States International Trade Com-
mission.
(2) JORDANIAN
ARTICLE.—The term ‘‘Jor-
danian article’’ means an article that qualifies for
reduction or elimination of a duty under section 102.
Subtitle B—Relief From Imports
Benefiting From the Agreement
SEC. 211. 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 rep-
resentative 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.
(3) CRITICAL CIRCUMSTANCES.—Any allegation
that critical circumstances exist shall be included in
the petition.
(b) INVESTIGATION AND DETERMINATION.—
(1) IN GENERAL.—Upon the filing of a petition
under subsection (a), the Commission, unless sub-
section (d) applies, shall promptly initiate an inves-
tigation to determine whether, as a result of the re-
duction or elimination of a duty provided for under
the Agreement, a Jordanian article is being im-
ported into the United States in such increased
quantities, in absolute terms or relative to domestic
production, and under such conditions that imports
of the Jordanian article alone constitute a substan-
tial cause of serious injury or threat thereof to the
domestic industry producing an article that is like,
or directly competitive with, the imported article.
(2) CAUSATION.—For purposes of this subtitle,
a Jordanian article is being imported into the
United States in increased quantities as a result of
the reduction or elimination of a duty provided for
under the Agreement if the reduction or elimination
is a cause that contributes significantly to the in-
crease in imports. Such cause need not be equal to
or greater than any other cause.
(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).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No
investigation may be initiated under this section with re-
spect to any Jordanian article if import relief has been
provided under this subtitle with respect to that article.
SEC. 212. COMMISSION ACTION ON PETITION.
(a) DETERMINATION.—By no later than 120 days
(180 days if critical circumstances have been alleged) after
the date on which an investigation is initiated under sec-
tion 211(b) with respect to a petition, the Commission
shall make the determination required under that section.
(b) 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, the Commission
shall find, and recommend to the President in the report
required under subsection (c), the amount of import relief
that is necessary to remedy or prevent the injury found
by the Commission in the determination and to facilitate
the efforts of the domestic industry to make a positive ad-
justment to import competition. The import relief rec-
ommended by the Commission under this subsection shall
be limited to that described in section 213(c).
(c) REPORT TO PRESIDENT.—No later than the date
that is 30 days after the date on which a determination
is made under subsection (a) with respect to an investiga-
tion, the Commission shall submit to the President a re-
port that shall include—
(1) a statement of the basis for the determina-
tion;
(2) dissenting and separate views; and
(3) any finding made under subsection (b) re-
garding import relief.
(d) PUBLIC NOTICE.—Upon submitting a report to
the President under subsection (c), 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.
(e) 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)) shall be applied with respect to determinations
and findings made under this section as if such determina-
tions and findings were made under section 202 of the
Trade Act of 1974 (19 U.S.C. 2252).
SEC. 213. PROVISION OF RELIEF.
(a) IN GENERAL.—No later than the date that is 30
days after the date on which the President receives the
report of the Commission containing an affirmative deter-
mination of the Commission under section 212(a), the
President shall provide relief from imports of the article
that is the subject of such determination to the extent that
the President determines necessary to prevent or remedy
the injury found by the Commission and to facilitate the
efforts of the domestic industry to make a positive adjust-
ment to import competition, unless the President deter-
mines that the provision of such relief is not in the na-
tional economic interest of the United States or, in ex-
traordinary circumstances, that the provision of such relief
would cause serious harm to the national security of the
United States.
(b) NATIONAL ECONOMIC INTEREST.—The President
may determine under subsection (a) that providing import
relief is not in the national economic interest of the United
States only if the President finds that taking such action
would have an adverse impact on the United States econ-
omy clearly greater than the benefits of taking such ac-
tion.
(c) NATURE OF RELIEF.—The import relief (includ-
ing provisional relief) that the President is authorized to
provide under this subtitle with respect to imports of an
article is—
(1) the suspension of any further reduction pro-
vided for under the United States Schedule to Annex
2.1 of the Agreement in the duty imposed on that
article;
(2) an increase in the rate of duty imposed on
such article to a level that does not exceed the lesser
of—
(A) the column 1 general rate of duty im-
posed under the HTS on like articles at the
time the import relief is provided; or
(B) the column 1 general rate of duty im-
posed under the HTS on like articles on the
day before the date on which the Agreement en-
ters into force; or
(3) in the case of a duty applied on a seasonal
basis to that article, an increase in the rate of duty
imposed on the article to a level that does not exceed
the column 1 general rate of duty imposed under the
HTS on the article for the corresponding season oc-
curring immediately before the date on which the
Agreement enters into force.
(d) PERIOD OF RELIEF.—The import relief that the
President is authorized to provide under this section may
not exceed 4 years.
(e) RATE AFTER TERMINATION
OF IMPORT RE-
LIEF.—When import relief under this subtitle is termi-
nated with respect to an article—
(1) the rate of duty on that article after such
termination and on or before December 31 of the
year in which termination occurs shall be the rate
that, according to the United States Schedule to
Annex 2.1 of the Agreement for the staged elimi-
nation of the tariff, would have been in effect 1 year
after the initiation of the import relief action under
section 211; and
(2) the tariff treatment for that article after
December 31 of the year in which termination oc-
curs shall be, at the discretion of the President,
either—
(A) the rate of duty conforming to the ap-
plicable rate set out in the United States
Schedule to Annex 2.1; or
(B) the rate of duty resulting from the
elimination of the tariff in equal annual stages
ending on the date set out in the United States
Schedule to Annex 2.1 for the elimination of
the tariff.
SEC. 214. TERMINATION OF RELIEF AUTHORITY.
(a) GENERAL RULE.—Except as provided in sub-
section (b), no import relief may be provided under this
subtitle after the date that is 15 years after the date on
which the Agreement enters into force.
(b) EXCEPTION.—Import relief may be provided
under this subtitle in the case of a Jordanian article after
the date on which such relief would, but for this sub-
section, terminate under subsection (a), but only if the
Government of Jordan consents to such provision.
SEC. 215. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under section 213 shall be treated as action taken
under chapter 1 of title II of such Act.
SEC. 216. SUBMISSION OF PETITIONS.
A petition for import relief may be submitted to the
Commission under—
(1) this subtitle;
(2) chapter 1 of title II of the Trade Act of
1974; or
(3) under both this subtitle and such chapter 1
at the same time, in which case the Commission
shall consider such petitions jointly.
Subtitle C—Cases Under Title II of
the Trade Act of 1974
SEC. 221. FINDINGS AND ACTION ON JORDANIAN IMPORTS.
(a) EFFECT OF IMPORTS.—If, in any investigation
initiated under chapter 1 of title II of the Trade Act of
1974, the Commission makes an affirmative determination
(or a determination which the President may treat as an
affirmative determination under such chapter by reason
of section 330(d) of the Tariff Act of 1930), the Commis-
sion shall also find (and report to the President at the
time such injury determination is submitted to the Presi-
dent) whether imports of the article from Jordan are a
substantial cause of serious injury or threat thereof.
(b) PRESIDENTIAL ACTION REGARDING JORDANIAN
IMPORTS.—In determining the nature and extent of action
to be taken under chapter 1 of title II of the Trade Act
of 1974, the President shall determine whether imports
from Jordan are a substantial cause of the serious injury
found by the Commission and, if such determination is
in the negative, may exclude from such action imports
from Jordan.
SEC. 222. TECHNICAL AMENDMENT.
Section 202(a)(8) of the Trade Act of 1974 (19
U.S.C. 2252(a)(8)) is amended in the first sentence—
(1) by striking ‘‘and part 1’’ and inserting ‘‘,
part 1’’; and
(2) by inserting before the period at the end ‘‘,
and title II of the United States-Jordan Free Trade
Area Implementation Act’’.
TITLE III—TEMPORARY ENTRY
SEC. 301. NONIMMIGRANT TRADERS AND INVESTORS.
Upon the basis of reciprocity secured by the Agree-
ment, an alien who is a national of Jordan (and any
spouse or child (as defined in section 101(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1101(b)(1)) of
the alien, if accompanying or following to join the alien)
shall be considered as entitled to enter the United States
under and in pursuance of the provisions of the Agreement
as a nonimmigrant described in section 101(a)(15)(E) of
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1101(a)(15)(E)), if the entree is solely for a purpose de-
scribed in clause (i) or (ii) of such section and the alien
is otherwise admissible to the United States as such a non-
immigrant.
TITLE IV—GENERAL
PROVISIONS
SEC. 401. 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, that 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
(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. 402. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fis-
cal year after fiscal year 2001 to the Department of Com-
merce not more than $100,000 for the payment of the
United States share of the expenses incurred in dispute
settlement proceedings under article 17 of the Agreement.
SEC. 403. IMPLEMENTING REGULATIONS.
After the date of enactment of this Act—
(1) the President may proclaim such actions,
and
(2) other appropriate officers of the United
States 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 appro-
priately implemented on such date, but no such proclama-
tion or regulation may have an effective date earlier than
the date the Agreement enters into force.
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