104TH CONGRESS
2D SESSION
H. R. 3815
AN ACT
To make technical corrections and miscellaneous
amendments to trade laws.
104TH CONGRESS
2D SESSION
H. R. 3815
AN ACT
To make technical corrections and miscellaneous amendments
to trade laws.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PAYMENT OF DUTIES AND FEES.
(a) INTEREST ACCRUAL.—Section 505(c) of the Tar-
iff Act of 1930 (19 U.S.C. 1505(c)) is amended in the
second sentence by inserting after ‘‘duties, fees, and inter-
est’’ the following: ‘‘or, in a case in which a claim is made
under section 520(d), from the date on which such claim
is made,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to claims made pursuant to sec-
tion 520(d) of the Tariff Act of 1930 on or after April
25, 1995.
SEC. 2. OTHER TECHNICAL AND CONFORMING AMEND-
MENTS.
(a) EXAMINATION OF BOOKS AND WITNESSES.—Sec-
tion 509(a)(2) of the Tariff Act of 1930 (19 U.S.C.
1509(a)(2)) is amended by striking ‘‘(c)(1)(A)’’ and in-
serting ‘‘(d)(1)(A)’’.
(b) REQUIREMENT FOR CERTIFICATE FOR IMPORTA-
TION OF ALCOHOLIC LIQUORS IN SMALL VESSELS.—Sec-
tion 7 of the Act of August 5, 1935 (19 U.S.C. 1707;
49 Stat. 520), is repealed.
(c) PENALTIES FOR CERTAIN VIOLATIONS.—Section
592 of the Tariff Act of 1930 (19 U.S.C. 1592) is amend-
ed—
(1) in subsection (a)(1), by striking ‘‘lawful
duty’’ and inserting ‘‘lawful duty, tax, or fee’’; and
(2) in subsections (b)(1)(A)(vi), (c)(2)(A)(ii),
(c)(3)(A)(ii), (c)(4)(A)(i), and (c)(4)(B) by striking
‘‘lawful duties’’ each place it appears and inserting
‘‘lawful duties, taxes, and fees’’.
(d) DEPRIVATION OF LAWFUL DUTIES, TAXES, OR
FEES.—Section 592(d) of the Tariff Act of 1930 (19
U.S.C. 1592(d)) is amended by striking ‘‘or fees be re-
stored’’ and inserting ‘‘and fees be restored’’.
(e) RECONCILIATION TREATED AS ENTRY FOR REC-
ORDKEEPING.—
(1) Section 401(s) of the Tariff Act of 1930
(19 U.S.C. 1401(s)) is amended by inserting ‘‘rec-
ordkeeping,’’ after ‘‘reliquidation,’’.
(2) Section 508(c)(1) of such Act (19 U.S.C.
1508(c)(1)) is amended by inserting ‘‘, filing of a
reconciliation,’’ after ‘‘entry’’.
(f) EXTENSION OF LIQUIDATION.—Section 504(d) of
the Tariff Act of 1930 (19 U.S.C. 1504(d)) is amended
by inserting ‘‘, unless liquidation is extended under sub-
section (b),’’ after ‘‘shall liquidate the entry’’.
(g) EXEMPTION FROM DUTY FOR PERSONAL AND
HOUSEHOLD GOODS ACCOMPANYING RETURNING RESI-
DENTS.—Section 321(a)(2)(B) of the Tariff Act of 1930
(19 U.S.C. 1321(a)(2)(B)) is amended by inserting ‘‘,
9804.00.65,’’ after ‘‘9804.00.30’’.
(h) DEBT COLLECTION.—Section 631(a) of the Tar-
iff Act of 1930 (19 U.S.C. 1631(a)) is amended—
(1) by inserting after ‘‘law,’’ the following: ‘‘in-
cluding section 3302 of title 31, United States Code,
and subchapters I and II of chapter 37 of such
title,’’; and
(2) by inserting ‘‘and the expenses associated
with recovering such indebtedness,’’ after ‘‘Govern-
ment,’’.
(i) EXAMINATION OF BOOKS AND WITNESSES.—Sec-
tion 509(b) of the Tariff Act of 1930 (19 U.S.C. 1509(b))
is amended in paragraphs (3) and (4) by striking ‘‘appro-
priate regional commissioner’’ and inserting ‘‘officer des-
ignated pursuant to regulations’’.
(j) REVIEW OF PROTESTS.—Section 515(d) of the
Tariff Act of 1930 (19 U.S.C. 1515(d)) is amended by
striking ‘‘district director’’ and inserting ‘‘port director’’.
(k) EFFECTIVE DATE.—The amendments made by
this section apply as of December 8, 1993.
SEC. 3. CLARIFICATION REGARDING THE APPLICATION OF
CUSTOMS USER FEES.
(a) IN GENERAL.—Subparagraph (D) of section
13031(b)(8) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(b)(8)(D)) is
amended—
(1) in clause (iv)—
(A) by striking ‘‘subparagraph 9802.00.80
of such Schedules’’ and inserting ‘‘heading
9802.00.80 of such Schedule’’; and
(B) by striking ‘‘and’’ at the end of clause
(iv);
(2) by striking the period at the end of clause
(v) and inserting ‘‘; and’’; and
(3) by inserting after clause (v) the following
new clause:
‘‘(vi) in the case of merchandise entered from
a foreign trade zone (other than merchandise to
which clause (v) applies), be applied only to the
value of the privileged or nonprivileged foreign sta-
tus merchandise under section 3 of the Act of June
18, 1934 (commonly known as the Foreign Trade
Zones Act, 19 U.S.C. 81c).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) apply to—
(1) any entry made from a foreign trade zone
on or after the 15th day after the date of the enact-
ment of this Act; and
(2) any entry made from a foreign trade zone
after November 30, 1986, and before such 15th day
if liquidation of the entry was not final before such
15th day.
(c) APPLICATION OF FEES TO CERTAIN AGRICUL-
TURAL PRODUCTS.—The amendment made by section
111(b)(2)(D)(iv) of the Customs and Trade Act of 1990
shall apply to—
(1) any entry made from a foreign trade zone
on or after the 15th day after the date of the enact-
ment of this Act; and
(2) any entry made from a foreign trade zone
after November 30, 1986, and before such 15th day
if the liquidation of the entry was not final before
such 15th day.
SEC. 4. TECHNICAL AMENDMENT TO THE CUSTOMS AND
TRADE ACT OF 1990.
Subsection (b) of section 484H of the Customs and
Trade Act of 1990 (19 U.S.C. 1553 note) is amended by
striking ‘‘, or withdrawn from warehouse for consump-
tion,’’ and inserting ‘‘for transportation in bond’’.
SEC. 5. CLARIFICATION OF FEES FOR CERTAIN CUSTOMS
SERVICES.
(a) IN GENERAL.—Section 13031(b)(9)(A) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(9)(A)) is amended—
(1) by striking ‘‘centralized hub facility or’’ in
clause (i); and
(2) in clause (ii)—
(A) by striking ‘‘facility—’’ and inserting
‘‘facility or centralized hub facility—’’,
(B) by striking ‘‘customs inspectional’’ in
subclause (I), and
(C) by striking ‘‘at the facility’’ in sub-
clause (I) and inserting ‘‘for the facility’’.
(b) DEFINITIONS.—Section 13031(b)(9)(B)(i) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(9)(B)(i)) is amended—
(1) by striking ‘‘, as in effect on July 30,
1990’’, and
(2) by adding at the end thereof the following
new sentence: ‘‘Nothing in this paragraph shall be
construed as prohibiting the Secretary of the Treas-
ury from processing merchandise that is informally
entered or released at any centralized hub facility or
express consignment carrier facility during the nor-
mal operating hours of the Customs Service, subject
to reimbursement and payment under subparagraph
(A).’’.
(c) CITATION.—Section 13031(b)(9)(B)(ii) of the
Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(b)(9)(B)(ii)) is amended by striking ‘‘sec-
tion 236 of the Tariff and Trade Act of 1984’’ and insert-
ing ‘‘section 236 of the Trade and Tariff Act of 1984’’.
SEC. 6. SPECIAL RULE FOR EXTENDING TIME FOR FILING
DRAWBACK CLAIMS.
Section 313(r) of the Tariff Act of 1930 (19 U.S.C.
1313(r)) is amended by adding at the end the following:
‘‘(3)(A)(i) Subject to clause (ii), the Customs
Service may, notwithstanding the limitation set forth
in paragraph (1), extend the time for filing a draw-
back claim for a period not to exceed 18 months,
if—
‘‘(I) the claimant establishes to the satis-
faction of the Customs Service that the claim-
ant was unable to file the drawback claim be-
cause of an event declared by the President to
be a major disaster on or after January 1,
1994; and
‘‘(II) the claimant files a request for such
extension with the Customs Service within one
year from the last day of the 3-year period re-
ferred to in paragraph (1).
‘‘(ii) In the case of a major disaster occurring
on or after January 1, 1994, and before the date of
the enactment of this paragraph—
‘‘(I) the Customs Service may extend the
time for filing the drawback claim for a period
not to exceed 1 year; and
‘‘(II) the request under clause (i)(II) must
be filed not later than 1 year from the date of
the enactment of this paragraph.
‘‘(B) If an extension is granted with respect to
a request filed under this paragraph, the periods of
time for retaining records set forth in subsection (t)
of this section and section 508(c)(3) shall be ex-
tended for an additional 18 months or, in a case to
which subparagraph (A)(ii) applies, for a period not
to exceed 1 year from the date the claim is filed.
‘‘(C) For purposes of this paragraph, the term
‘major disaster’ has the meaning given that term in
section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5122(2)).’’.
SEC. 7. TREATMENT OF CERTAIN ENTRIES.
(a) LIQUIDATION OR RELIQUIDATION OF ENTRIES.—
Notwithstanding sections 514 and 520 of the Tariff Act
of 1930 (19 U.S.C. 1514 and 1520), and any other provi-
sion of law, the United States Customs Service shall liq-
uidate or reliquidate those entry numbers made at New
York, New York, which are listed in subsection (c), in ac-
cordance with the final results of the administrative re-
view, covering the period from May 1, 1984, through
March 31, 1985, undertaken by the International Trade
Administration of the Department of Commerce for such
entries (case number A–580–008).
(b) PAYMENT OF AMOUNTS OWED.—Any amounts
owed by the United States pursuant to the liquidation or
reliquidation of an entry under subsection (a) shall be paid
by the Customs Service within 90 days after such liquida-
tion or reliquidation.
(c) ENTRY LIST.—The entries referred to in sub-
section (a) are the following:
Entry Number
Date of Entry
84–4426808 ................................................................
August 29, 1984
84–4427823 ................................................................
September 4, 1984
84–4077985 ................................................................
July 25, 1984
84–4080859 ................................................................
August 3, 1984
84–4080817 ................................................................
August 3, 1984
84–4077723 ................................................................
August 1, 1984
84–4075194 ................................................................
July 10, 1984
84–4076481 ................................................................
July 17, 1984
84–4080930 ................................................................
August 9, 1984.
SEC. 8. TEMPORARY DUTY SUSPENSION FOR PERSONAL EF-
FECTS OF PARTICIPANTS IN CERTAIN WORLD
ATHLETIC EVENTS.
(a) IN GENERAL.—Subchapter II of chapter 99 of
the Harmonized Tariff Schedule of the United States is
amended by inserting in numerical sequence the following
new heading: