the case may be, in calculating the regional value-content
of the good.
(j) PACKING MATERIALS
AND CONTAINERS
FOR
SHIPMENT.—Packing materials and containers in which
a good is packed for shipment shall be disregarded—
(1) in determining whether the nonoriginating
materials used in the production of the good under-
go an applicable change in tariff classification set
out in Annex 401 of the Agreement; and
(2) in determining whether the good satisfies a
regional value-content requirement.
(k) TRANSSHIPMENT.—A good shall not be consid-
ered to be an originating good by reason of having under-
gone production that satisfies the requirements of sub-
section (a) if, subsequent to that production, the good un-
dergoes further production or any other operation outside
the territories of the NAFTA countries, other than un-
loading, reloading, or any other operation necessary to
preserve it in good condition or to transport the good to
the territory of a NAFTA country.
(l) NONQUALIFYING OPERATIONS.—A good shall not
be considered to be an originating good merely by reason
of—
(1) mere dilution with water or another sub-
stance that does not materially alter the characteris-
tics of the good; or
(2) any production or pricing practice with re-
spect to which it may be demonstrated, by a prepon-
derance of evidence, that the object was to cir-
cumvent this section.
(m) INTERPRETATION AND APPLICATION.—For pur-
poses of this section:
(1) The basis for any tariff classification is the
HTS.
(2) Except as otherwise expressly provided,
whenever in this section there is a reference to a
heading or subheading such reference shall be a ref-
erence to a heading or subheading of the HTS.
(3) In applying subsection (a)(4), the deter-
mination of whether a heading or subheading under
the HTS provides for and specifically describes both
a good and its parts shall be made on the basis of
the nomenclature of the heading or subheading, the
rules of interpretation, or notes of the HTS.
(4) In applying the Customs Valuation Code—
(A) the principles of the Customs Valu-
ation Code shall apply to domestic transactions,
with such modifications as may be required by
the circumstances, as would apply to inter-
national transactions;
(B) the provisions of this section shall take
precedence over the Customs Valuation Code to
the extent of any difference; and
(C) the definitions in subsection (o) shall
take precedence over the definitions in the Cus-
toms Valuation Code to the extent of any dif-
ference.
(5) All costs referred to in this section shall be
recorded and maintained in accordance with the
Generally Accepted Accounting Principles applicable
in the territory of the NAFTA country in which the
good is produced.
(n) ORIGIN
OF
AUTOMATIC
DATA
PROCESSING
GOODS.—Notwithstanding any other provision of this sec-
tion, when the NAFTA countries apply the most-favored-
nation rate of duty described in paragraph 1 of section
A of Annex 308.1 of the Agreement to a good provided
for under the tariff provisions set out in Table 308.1.1
of such Annex, the good shall, upon importation from a
NAFTA country, be deemed to originate in the territory
of a NAFTA country for purposes of this section.
(o) SPECIAL RULE
FOR CERTAIN AGRICULTURAL
PRODUCTS.—Notwithstanding any other provision of this
section, for purposes of applying a rate of duty to a good
provided for in—
(1) heading 1202 that is exported from the ter-
ritory of Mexico, if the good is not wholly obtained
in the territory of Mexico,
(2) subheading 2008.11 that is exported from
the territory of Mexico, if any material provided for
in heading 1202 used in the production of that good
is not wholly obtained in the territory of Mexico, or
(3) subheading 1806.10.42 or 2106.90.12 that
is exported from the territory of Mexico, if any ma-
terial provided for in subheading 1701.99 used in
the production of that good is not a qualifying good,
such good shall be treated as a nonoriginating good and,
for purposes of this subsection, the terms ‘‘qualifying
good’’ and ‘‘wholly obtained in the territory of’’ have the
meaning given such terms in paragraph 26 of section A
of Annex 703.2 of the Agreement.
(p) DEFINITIONS.—For purposes of this section—
(1) CLASS
OF
MOTOR
VEHICLES.—The term
‘‘class of motor vehicles’’ means any one of the fol-
lowing categories of motor vehicles:
(A) Motor vehicles provided for in sub-
heading 
8701.20, 
subheading 
8704.10,
8704.22, 8704.23, 8704.32, or 8704.90, or
heading 8705 or 8706, or motor vehicles de-
signed for the transport of 16 or more persons
provided for in subheading 8702.10.00 or
8702.90.00.
(B) Motor vehicles provided for in sub-
heading 8701.10, or subheadings 8701.30
through 8701.90.
(C) Motor vehicles for the transport of 15
or fewer persons provided for in subheading
8702.10.00 or 8702.90.00, or motor vehicles
provided for in subheading 8704.21 or 8704.31.
(D) Motor vehicles provided for in sub-
headings 8703.21 through 8703.90.
(2) CUSTOMS
VALUATION
CODE.—The term
‘‘Customs Valuation Code’’ means the Agreement on
Implementation of Article VII of the General Agree-
ment on Tariffs and Trade, including its interpreta-
tive notes.
(3) F.O.B.—The term ‘‘F.O.B.’’ means free on
board, regardless of the mode of transportation, at
the point of direct shipment by the seller to the
buyer.
(4) FUNGIBLE
GOODS
AND
FUNGIBLE
MATE-
RIALS.—The terms ‘‘fungible goods’’ and ‘‘fungible
materials’’ mean goods or materials that are inter-
changeable for commercial purposes and whose prop-
erties are essentially identical.
(5) GENERALLY ACCEPTED ACCOUNTING PRIN-
CIPLES.—The term ‘‘Generally Accepted Accounting
Principles’’ means the recognized consensus or sub-
stantial authoritative support in the territory of a
NAFTA country with respect to the recording of
revenues, expenses, costs, assets and liabilities, dis-
closure of information, and preparation of financial
statements. These standards may be broad guide-
lines of general application as well as detailed stand-
ards, practices, or procedures.
(6) GOODS WHOLLY OBTAINED OR PRODUCED
ENTIRELY IN THE TERRITORY OF ONE OR MORE OF
THE NAFTA COUNTRIES.—The term ‘‘goods wholly
obtained or produced entirely in the territory of one
or more of the NAFTA countries’’ means—
(A) mineral goods extracted in the terri-
tory of one or more of the NAFTA countries;
(B) vegetable goods harvested in the terri-
tory of one or more of the NAFTA countries;
(C) live animals born and raised in the ter-
ritory of one or more of the NAFTA countries;
(D) goods obtained from hunting, trap-
ping, or fishing in the territory of one or more
of the NAFTA countries;
(E) goods (such as fish, shellfish, and
other marine life) taken from the sea by vessels
registered or recorded with a NAFTA country
and flying its flag;
(F) goods produced on board factory ships
from the goods referred to in subparagraph
(E), if such factory ships are registered or re-
corded with that NAFTA country and fly its
flag;
(G) goods taken by a NAFTA country or
a person of a NAFTA country from the seabed
or beneath the seabed outside territorial waters,
provided that a NAFTA country has rights to
exploit such seabed;
(H) goods taken from outer space, if the
goods are obtained by a NAFTA country or a
person of a NAFTA country and not processed
in a country other than a NAFTA country;
(I) waste and scrap derived from—
(i) production in the territory of one
or more of the NAFTA countries; or
(ii) used goods collected in the terri-
tory of one or more of the NAFTA coun-
tries, if such goods are fit only for the re-
covery of raw materials; and
(J) goods produced in the territory of one
or more of the NAFTA countries exclusively
from goods referred to in subparagraphs (A)
through (I), or from their derivatives, at any
stage of production.
(7) IDENTICAL OR SIMILAR GOODS.—The term
‘‘identical or similar goods’’ means ‘‘identical goods’’
and ‘‘similar goods’’, respectively, as defined in the
Customs Valuation Code.
(8) INDIRECT MATERIAL.—
(A) The term ‘‘indirect material’’ means a
good—
(i) used in the production, testing, or
inspection of a good but not physically in-
corporated into the good, or
(ii) used in the maintenance of build-
ings or the operation of equipment associ-
ated with the production of a good,
in the territory of one or more of the NAFTA
countries.
(B) When used for a purpose described in
subparagraph (A), the following materials are
among those considered to be indirect mate-
rials:
(i) Fuel and energy.
(ii) Tools, dies, and molds.
(iii) Spare parts and materials used in
the maintenance of equipment and build-
ings.
(iv) Lubricants, greases, compounding
materials, and other materials used in pro-
duction or used to operate equipment and
buildings.
(v) Gloves, glasses, footwear, clothing,
safety equipment, and supplies.
(vi) Equipment, devices, and supplies
used for testing or inspecting the goods.
(vii) Catalysts and solvents.
(viii) Any other goods that are not in-
corporated into the good, if the use of such
goods in the production of the good can
reasonably be demonstrated to be a part of
that production.
(9) INTERMEDIATE MATERIAL.—The term ‘‘in-
termediate material’’ means a material that is self-
produced, used in the production of a good, and des-
ignated pursuant to subsection (b)(10).
(10) MARQUE.—The term ‘‘marque’’ means the
trade name used by a separate marketing division of
a motor vehicle assembler.
(11) MATERIAL.—The term ‘‘material’’ means
a good that is used in the production of another
good and includes a part or an ingredient.
(12) MODEL
LINE.—The term ‘‘model line’’
means a group of motor vehicles having the same
platform or model name.
(13) MOTOR VEHICLE ASSEMBLER.—The term
‘‘motor vehicle assembler’’ means a producer of
motor vehicles and any related persons or joint ven-
tures in which the producer participates.
(14) NAFTA COUNTRY.—The term ‘‘NAFTA
country’’ means the United States, Canada or Mex-
ico for such time as the Agreement is in force with
respect to Canada or Mexico, and the United States
applies the Agreement to Canada or Mexico.
(15) NEW BUILDING.—The term ‘‘new build-
ing’’ means a new construction, including at least
the pouring or construction of new foundation and
floor, the erection of a new structure and roof, and
installation of new plumbing, electrical, and other
utilities to house a complete vehicle assembly proc-
ess.
(16) NET COST.—The term ‘‘net cost’’ means
total cost less sales promotion, marketing and after-
sales service costs, royalties, shipping and packing
costs, and nonallowable interest costs that are in-
cluded in the total cost.
(17) NET COST OF A GOOD.—The term ‘‘net
cost of a good’’ means the net cost that can be rea-
sonably allocated to a good using one of the methods
set out in subsection (b)(8).
(18) NONALLOWABLE INTEREST COSTS.—The
term ‘‘nonallowable interest costs’’ means interest
costs incurred by a producer as a result of an inter-
est rate that exceeds the applicable federal govern-
ment interest rate for comparable maturities by
more than 700 basis points, determined pursuant to
regulations implementing this section.
(19) NONORIGINATING GOOD; NONORIGINATING
MATERIAL.—The term ‘‘nonoriginating good’’ or
‘‘nonoriginating material’’ means a good or material
that does not qualify as an originating good or mate-
rial under the rules of origin set out in this section.
(20) ORIGINATING.—The term ‘‘originating’’
means qualifying under the rules of origin set out in
this section.
(21) PRODUCER.—The term ‘‘producer’’ means
a person who grows, mines, harvests, fishes, traps,
hunts, manufactures, processes, or assembles a good.
(22) PRODUCTION.—The term ‘‘production’’
means growing, mining, harvesting, fishing, trap-
ping, hunting, manufacturing, processing, or assem-
bling a good.
(23) REASONABLY ALLOCATE.—The term ‘‘rea-
sonably allocate’’ means to apportion in a manner
appropriate to the circumstances.
(24) REFIT.—The term ‘‘refit’’ means a plant
closure, for purposes of plant conversion or retool-
ing, that lasts at least 3 months.
(25) RELATED PERSONS.—The term ‘‘related
persons’’ means persons specified in any of the fol-
lowing subparagraphs:
(A) Persons who are officers or directors
of one another’s businesses.
(B) Persons who are legally recognized
partners in business.
(C) Persons who are employer and em-
ployee.
(D) Persons one of whom owns, controls,
or holds 25 percent or more of the outstanding
voting stock or shares of the other.
(E) Persons if 25 percent or more of the
outstanding voting stock or shares of each of
them is directly or indirectly owned, controlled,
or held by a third person.
(F) Persons one of whom is directly or in-
directly controlled by the other.
(G) Persons who are directly or indirectly
controlled by a third person.
(H) Persons who are members of the same
family.
For purposes of this paragraph, the term ‘‘members
of the same family’’ means natural or adoptive chil-
dren, brothers, sisters, parents, grandparents, or
spouses.
(26) ROYALTIES.—The term ‘‘royalties’’ means
payments of any kind, including payments under
technical assistance or similar agreements, made as
consideration for the use or right to use any copy-
right, literary, artistic, or scientific work, patent,
trademark, design, model, plan, secret formula, or
process. It does not include payments under tech-
nical assistance or similar agreements that can be
related to specific services such as—
(A) personnel training, without regard to
where performed; and
(B) if performed in the territory of one or
more of the NAFTA countries, engineering,
tooling, die-setting, software design and similar
computer services, or other services.
(27) SALES
PROMOTION, 
MARKETING, 
AND
AFTER-SALES
SERVICE
COSTS.—The term ‘‘sales
promotion, marketing, and after-sales service costs’’
means the costs related to sales promotion, market-
ing, and after-sales service for the following:
(A) Sales and marketing promotion, media
advertising, advertising and market research,
promotional and demonstration materials, ex-
hibits, sales conferences, trade shows, conven-
tions, banners, marketing displays, free sam-
ples, sales, marketing and after-sales service lit-
erature (product brochures, catalogs, technical
literature, price lists, service manuals, sales aid
information), establishment and protection of
logos and trademarks, sponsorships, wholesale
and retail restocking charges, and entertain-
ment.
(B) 
Sales 
and 
marketing 
incentives,
consumer, retailer, or wholesaler rebates, and
merchandise incentives.
(C) Salaries and wages, sales commissions,
bonuses, benefits (such as medical, insurance,
and pension), traveling and living expenses, and
membership and professional fees for sales pro-
motion, marketing, and after-sales service per-
sonnel.
(D) Recruiting and training of sales pro-
motion, marketing, and after-sales service per-
sonnel, and after-sales training of customers’
employees, where such costs are identified sepa-
rately for sales promotion, marketing, and
after-sales service of goods on the financial
statements or cost accounts of the producer.
(E) Product liability insurance.
(F) Office supplies for sales promotion,
marketing, and after-sales service of goods,
where such costs are identified separately for
sales promotion, marketing, and after-sales
service of goods on the financial statements or
cost accounts of the producer.
(G) Telephone, mail, and other commu-
nications, where such costs are identified sepa-
rately for sales promotion, marketing, and
after-sales service of goods on the financial
statements or cost accounts of the producer.
(H) Rent and depreciation of sales pro-
motion, marketing, and after-sales service of-
fices and distribution centers.
(I) Property insurance, taxes, utilities, and
repair and maintenance of sales promotion,
marketing, and after-sales service offices and
distribution centers, where such costs are iden-
tified separately for sales promotion, marketing,
and after-sales service of goods on the financial
statements or cost accounts of the producer.
(J) Payments by the producer to other
persons for warranty repairs.
(28) SELF-PRODUCED
MATERIAL.—The term
‘‘self-produced material’’ means a material that is
produced by the producer of a good and used in the
production of that good.
(29) SHIPPING
AND
PACKING
COSTS.—The
term ‘‘shipping and packing costs’’ means the costs
incurred in packing a good for shipment and ship-
ping the good from the point of direct shipment to
the buyer, but does not include the costs of prepar-
ing and packaging the good for retail sale.
(30) SIZE
CATEGORY.—The term ‘‘size cat-
egory’’ means with respect to a motor vehicle identi-
fied in subsection (c)(1)(A)—
(A) 85 cubic feet or less of passenger and
luggage interior volume;
(B) more than 85 cubic feet, but less than
100 cubic feet, of passenger and luggage inte-
rior volume;
(C) at least 100 cubic feet, but not more
than 110 cubic feet, of passenger and luggage
interior volume;
(D) more than 110 cubic feet, but less
than 120 cubic feet, of passenger and luggage
interior volume; and
(E) 120 cubic feet or more of passenger
and luggage interior volume.
(31) TERRITORY.—The term ‘‘territory’’ means
a territory described in Annex 201.1 of the Agree-
ment.
(32) TOTAL
COST.—The term ‘‘total cost’’
means all product costs, period costs, and other
costs incurred in the territory of one or more of the
NAFTA countries.
(33) TRANSACTION
VALUE.—Except as pro-
vided in subsection (c)(1) or (c)(2)(A), the term
‘‘transaction value’’ means the price actually paid or
payable for a good or material with respect to a
transaction of the producer of the good, adjusted in
accordance with the principles of paragraphs 1, 3,
and 4 of Article 8 of the Customs Valuation Code
and determined without regard to whether the good
or material is sold for export.
(34) UNDERBODY.—The term ‘‘underbody’’
means the floor pan of a motor vehicle.
(35) USED.—The term ‘‘used’’ means used or
consumed in the production of goods.
(q) PRESIDENTIAL PROCLAMATION AUTHORITY.—
(1) IN GENERAL.—The President is authorized
to proclaim, as a part of the HTS—
(A) the provisions set out in Appendix 6.A
of Annex 300–B, Annex 401, Annex 403.1,
Annex 403.2, and Annex 403.3, of the Agree-
ment, and
(B) any additional subordinate category
necessary to carry out this title consistent with
the Agreement.
(2) MODIFICATIONS.—Subject to the consulta-
tion and layover requirements of section 103, the
President may proclaim—
(A) modifications to the provisions pro-
claimed under the authority of paragraph
(1)(A), other than the provisions of paragraph
A of Appendix 6 of Annex 300–B and section
XI of part B of Annex 401 of the Agreement;
and
(B) a modified version of the definition of
any term set out in subsection (p) (and such
modified version of the definition shall super-
sede the version in subsection (p)), but only if
the modified version reflects solely those modi-
fications to the same term in article 415 of the
Agreement that are agreed to by the NAFTA
countries before the 1st anniversary of the date
of the enactment of this Act.
(3) SPECIAL RULES FOR TEXTILES.—Notwith-
standing the provisions of paragraph (2)(A), and
subject to the consultation and layover requirements
of section 103, the President may proclaim—
(A) modifications to the provisions pro-
claimed under the authority of paragraph
(1)(A) as are necessary to implement an agree-
ment with one or more of the NAFTA countries
pursuant to paragraph 2 of section 7 of Annex
300–B of the Agreement, and
(B) before the 1st anniversary of the date
of the enactment of this Act, modifications to
correct any typographical, clerical, or other
nonsubstantive technical error regarding the
provisions of Appendix 6.A of Annex 300–B
and section XI of part B of Annex 401 of the
Agreement.
SEC. 203. DRAWBACK.
(a) DEFINITION OF A GOOD SUBJECT TO NAFTA
DRAWBACK.—For purposes of this Act and the amend-
ments made by subsection (b), the term ‘‘good subject to
NAFTA drawback’’ means any imported good other than
the following:
(1) A good entered under bond for transpor-
tation and exportation to a NAFTA country.
(2) A good exported to a NAFTA country in
the same condition as when imported into the Unit-
ed States. For purposes of this paragraph—
(A) processes such as testing, cleaning, re-
packing, or inspecting a good, or preserving it
in its same condition, shall not be considered to
change the condition of the good, and
(B) except for a good referred to in para-
graph 12 of section A of Annex 703.2 of the
Agreement that is exported to Mexico, if a good
described in the first sentence of this paragraph
is commingled with fungible goods and exported
in the same condition, the origin of the good
may be determined on the basis of the inventory
methods provided for in the regulations imple-
menting this title.
(3) A good—
(A) that is—
(i) deemed to be exported from the
United States,
(ii) used as a material in the produc-
tion of another good that is deemed to be
exported to a NAFTA country, or
(iii) substituted for by a good of the
same kind and quality that is used as a
material in the production of another good
that is deemed to be exported to a NAFTA
country, and
(B) that is delivered—
(i) to a duty-free shop,
(ii) for ship’s stores or supplies for
ships or aircraft, or
(iii) for use in a project undertaken
jointly by the United States and a NAFTA
country and destined to become the prop-
erty of the United States.
(4) A good exported to a NAFTA country for
which a refund of customs duties is granted by rea-
son of—
(A) the failure of the good to conform to
sample or specification, or
(B) the shipment of the good without the
consent of the consignee.
(5) A good that qualifies under the rules of ori-
gin set out in section 202 that is—
(A) exported to a NAFTA country,
(B) used as a material in the production of
another good that is exported to a NAFTA
country, or
(C) substituted for by a good of the same
kind and quality that is used as a material in
the production of another good that is exported
to a NAFTA country.
(6) A good provided for in subheading
1701.11.02 of the HTS that is—
(A) used as a material, or
(B) substituted for by a good of the same
kind and quality that is used as a material,
in the production of a good provided for in existing
Canadian tariff item 1701.99.00 or existing Mexican
tariff item 1701.99.01 or 1701.99.99 (relating to re-
fined sugar).
(7) A citrus product that is exported to Can-
ada.
(8) A good used as a material, or substituted
for by a good of the same kind and quality that is
used as a material, in the production of—
(A) apparel, or
(B) a good provided for in subheading
6307.90.99 (insofar as it relates to furniture
moving pads), 5811.00.20, or 5811.00.30 of the
HTS,
that is exported to Canada and that is subject to
Canada’s most-favored-nation rate of duty upon im-
portation into Canada.
Where in paragraph (6) a good referred to by an item
is described in parentheses following the item, the descrip-
tion is provided for purposes of reference only.
(b) CONSEQUENTIAL AMENDMENTS WITH DELAYED
EFFECT.—
(1) BONDED MANUFACTURING WAREHOUSES.—
The last paragraph of section 311 of the Tariff Act
of 1930 (19 U.S.C. 1311) is amended to read as fol-
lows:
‘‘No article manufactured in a bonded warehouse
from materials that are goods subject to NAFTA draw-
back, as defined in section 203(a) of the North American
Free Trade Agreement Implementation Act, may be with-
drawn from warehouse for exportation to a NAFTA coun-
try, as defined in section 2(4) of that Act, without assess-
ment of a duty on the materials in their condition and
quantity, and at their weight, at the time of importation
into the United States. The duty shall be paid before the
61st day after the date of exportation, except that upon
the presentation, before such 61st day, of satisfactory evi-
dence of the amount of any customs duties paid to the
NAFTA country on the article, the customs duty may be
waived or reduced (subject to section 508(b)(2)(B)) in an
amount that does not exceed the lesser of—
‘‘(1) the total amount of customs duties paid or
owed on the materials on importation into the Unit-
ed States, or
‘‘(2) the total amount of customs duties paid on
the article to the NAFTA country.
If Canada ceases to be a NAFTA country and the suspen-
sion of the operation of the United States-Canada Free-
Trade Agreement thereafter terminates, no article manu-
factured in a bonded warehouse, except to the extent that
such article is made from an article that is a drawback
eligible good under section 204(a) of the United States-
Canada Free-Trade Agreement Implementation Act of
1988, may be withdrawn from such warehouse for expor-
tation to Canada during the period such Agreement is in
operation without payment of a duty on such imported
merchandise in its condition, and at the rate of duty in
effect, at the time of importation.’’.
(2) BONDED SMELTING AND REFINING WARE-
HOUSES.—Section 312 of the Tariff Act of 1930 (19
U.S.C. 1312) is amended—
(A) in paragraphs (1) and (4) of sub-
section (b), by striking out the parenthetical
matter and the final ‘‘, or’’ and by adding at
the end the following:
‘‘; except that in the case of a withdrawal for expor-
tation of such a product to a NAFTA country, as
defined in section 2(4) of the North American Free
Trade Agreement Implementation Act, if any of the
imported metal-bearing materials are goods subject
to NAFTA drawback, as defined in section 203(a)
of that Act, the duties on the materials shall be
paid, and the charges against the bond canceled, be-
fore the 61st day after the date of exportation; but
upon the presentation, before such 61st day, of sat-
isfactory evidence of the amount of any customs du-
ties paid to the NAFTA country on the product, the
duties on the materials may be waived or reduced
(subject to section 508(b)(2)(B)) in an amount that
does not exceed the lesser of—
‘‘(A) the total amount of customs duties
owed on the materials on importation into the
United States, or
‘‘(B) the total amount of customs duties
paid to the NAFTA country on the product,
or’’;
(B) by adding at the end of subsection (b)
the following new flush sentence.
‘‘If Canada ceases to be a NAFTA country and the sus-
pension of the operation of the United States-Canada
Free-Trade Agreement thereafter terminates, no charges
against such bond may be canceled in whole or part upon
an exportation to Canada under paragraph (1) or (4) dur-
ing the period such Agreement is in operation except to
the extent that the metal-bearing materials were of Cana-
dian origin as determined in accordance with section 202
of the United States-Canada Free-Trade Agreement Im-
plementation Act of 1988.’’; and
(C) in subsection (d) by striking out the
parenthetical matter and by inserting before the
period the following:
‘‘; except that in the case of a withdrawal for exportation
to a NAFTA country, as defined in section 2(4) of the
North American Free Trade Agreement Implementation
Act, if any of the imported metal-bearing materials are
goods subject to NAFTA drawback, as defined in section
203(a) of that Act, charges against the bond shall be paid
before the 61st day after the date of exportation; but upon
the presentation, before such 61st day, of satisfactory evi-
dence of the amount of any customs duties paid to the
NAFTA country on the product, the bond shall be credited
(subject to section 508(b)(2)(B)) in an amount not to ex-
ceed the lesser of—
‘‘(1) the total amount of customs duties paid or
owed on the materials on importation into the Unit-
ed States, or
‘‘(2) the total amount of customs duties paid to
the NAFTA country on the product.
If Canada ceases to be a NAFTA country and the suspen-
sion of the operation of the United States-Canada Free-
Trade Agreement thereafter terminates, no bond shall be
credited under this subsection with respect to an expor-
tation of a product to Canada during the period such
Agreement is in operation except to the extent that the
product is a drawback eligible good under section 204(a)
of the United States-Canada Free Trade Agreement Im-
plementation Act of 1988’’.
(3) DRAWBACK.—Subsections (n) and (o) of
section 313 of the Tariff Act of 1930 (19 U.S.C.
1313(n) and (o)) are amended to read as follows:
‘‘(n)(1) For purposes of this subsection and sub-
section (o)—
‘‘(A) the term ‘NAFTA Act’ means the North
American Free Trade Agreement Implementation
Act;
‘‘(B) the terms ‘NAFTA country’ and ‘good
subject to NAFTA drawback’ have the same respec-
tive meanings that are given such terms in sections
2(4) and 203(a) of the NAFTA Act; and
‘‘(C) a refund, waiver, or reduction of duty
under paragraph (2) of this subsection or paragraph
(1) 
of 
subsection 
(o) 
is 
subject 
to 
section
508(b)(2)(B).
‘‘(2) For purposes of subsections (a), (b), (f), (h), (p),
and (q), if an article that is exported to a NAFTA country
is a good subject to NAFTA drawback, no customs duties
on the good may be refunded, waived, or reduced in an
amount that exceeds the lesser of—
‘‘(A) the total amount of customs duties paid or
owed on the good on importation into the United
States, or
‘‘(B) the total amount of customs duties paid
on the good to the NAFTA country.
‘‘(3) If Canada ceases to be a NAFTA country and
the suspension of the operation of the United States-Can-
ada Free-Trade Agreement thereafter terminates, then for
purposes of subsections (a), (b), (f), (h), (j)(2), and (q),
the shipment to Canada during the period such Agreement
is in operation of an article made from or substituted for,
as appropriate, a drawback eligible good under section
204(a) of the United States-Canada Free-Trade Imple-
mentation Act of 1988 does not constitute an exportation.
‘‘(o)(1) For purposes of subsection (g), if—
‘‘(A) a vessel is built for the account and own-
ership of a resident of a NAFTA country or the gov-
ernment of a NAFTA country, and
‘‘(B) imported materials that are used in the
construction and equipment of the vessel are goods
subject to NAFTA drawback,
the amount of customs duties refunded, waived, or re-
duced on such materials may not exceed the lesser of the
total amount of customs duties paid or owed on the mate-
rials on importation into the United States or the total
amount of customs duties paid on the vessel to the
NAFTA country.
‘‘(2) If Canada ceases to be a NAFTA country and
the suspension of the operation of the United States-Can-
ada Free-Trade Agreement thereafter terminates, then for
purposes of subsection (g), vessels built for Canadian ac-
count and ownership, or for the Government of Canada,
may not be considered to be built for any foreign account
and ownership, or for the government of any foreign coun-
try, except to the extent that the materials in such vessels
are drawback eligible goods under section 204(a) of the
United States-Canada Free-Trade Implementation Act of
1988.’’.
(4) MANIPULATION
IN
WAREHOUSE.—Section
562 of the Tariff Act of 1930 (19 U.S.C. 1562) is
amended—
(A) in the second sentence by striking out
‘‘without payment of duties—’’ and inserting a
dash;
(B) by striking out paragraphs (1), (2),
and (3) and inserting the following:
‘‘(1) without payment of duties for exportation
to a NAFTA country, as defined in section 2(4) of
the North American Free Trade Agreement Imple-
mentation Act, if the merchandise is of a kind de-
scribed in any of paragraphs (1) through (8) of sec-
tion 203(a) of that Act;
‘‘(2) for exportation to a NAFTA country if the
merchandise consists of goods subject to NAFTA
drawback, as defined in section 203(a) of that Act,
except that—
‘‘(A) the merchandise may not be with-
drawn from warehouse without assessment of a
duty on the merchandise in its condition and
quantity, and at its weight, at the time of with-
drawal from the warehouse with such additions
to or deductions from the final appraised value
as may be necessary by reason of change in
condition, and
‘‘(B) duty shall be paid on the merchan-
dise before the 61st day after the date of expor-
tation, but upon the presentation, before such
61st day, of satisfactory evidence of the amount
of any customs duties paid to the NAFTA
country on the merchandise, the customs duty
may be waived or reduced (subject to section
508(b)(2)(B)) in an amount that does not ex-
ceed the lesser of—
‘‘(i) the total amount of customs du-
ties paid or owed on the merchandise on
importation into the United States, or
‘‘(ii) the total amount of customs du-
ties paid on the merchandise to the
NAFTA country;
‘‘(3) without payment of duties for exportation
to any foreign country other than to a NAFTA
country or to Canada when exports to that country
are subject to paragraph (4);
‘‘(4) without payment of duties for exportation
to Canada (if that country ceases to be a NAFTA
country and the suspension of the operation of the
United States-Canada Free-Trade Agreement there-
after terminates), but the exemption from the pay-
ment of duties under this paragraph applies only in
the case of an exportation during the period such
Agreement is in operation of merchandise that—
‘‘(A) is only cleaned, sorted, or repacked in
a bonded warehouse, or
‘‘(B) is a drawback eligible good under sec-
tion 204(a) of the United States-Canada Free-
Trade Agreement Implementation Act of 1988;
and
‘‘(5) without payment of duties for shipment to
the Virgin Islands, American Samoa, Wake Island,
Midway Island, Kingman Reef, Johnston Island or
the island of Guam.’’; and
(B) in the third sentence by striking out
‘‘paragraph (1) of the preceding sentence’’ and
inserting ‘‘paragraph (4) of the preceding sen-
tence’’.
(5) FOREIGN TRADE ZONES.—Section 3(a) of
the Act of June 18, 1934 (commonly known as the
‘‘Foreign Trade Zones Act’’; 19 U.S.C. 81c(a)) is
amended—
(A) in the last proviso—
(i) by inserting after ‘‘That’’ the fol-
lowing: ‘‘, if Canada ceases to be a
NAFTA country and the suspension of the
operation of the United States-Canada
Free-Trade Agreement thereafter termi-
nates,’’; and
(ii) by striking out ‘‘on or after Janu-
ary 1, 1994, or such later date as may be
proclaimed by the President under section
204(b)(2)(B) of such Act of 1988,’’ and
inserting ‘‘during the period such Agree-
ment is in operation’’; and
(B) by inserting before such last proviso
the following new proviso: ‘‘: Provided, further,
That no merchandise that consists of goods
subject to NAFTA drawback, as defined in sec-
tion 203(a) of the North American Free Trade
Agreement Implementation Act, that is manu-
factured or otherwise changed in condition shall
be exported to a NAFTA country, as defined in
section 2(4) of that Act, without an assessment
of a duty on the merchandise in its condition
and quantity, and at its weight, at the time of
its exportation (or if the privilege in the first
proviso to this subsection was requested, an as-
sessment of a duty on the merchandise in its
condition and quantity, and at its weight, at the
time of its admission into the zone) and the
payment of the assessed duty before the 61st
day after the date of exportation of the article,
except that upon the presentation, before such
61st day, of satisfactory evidence of the amount
of any customs duties paid or owed to the
NAFTA country on the article, the customs
duty may be waived or reduced (subject to sec-
tion 508(b)(2)(B) of the Tariff Act of 1930) in
an amount that does not exceed the lesser of
(1) the total amount of customs duties paid or
owed on the merchandise on importation into
the United States, or (2) the total amount of
customs duties paid on the article to the
NAFTA country:’’.
(c) CONSEQUENTIAL AMENDMENT WITH IMMEDIATE
EFFECT.—Section 313(j) of the Tariff Act of 1930 (19
U.S.C. 1313(j)) is amended—
(1) by striking out ‘‘If’’ in paragraph (2) and
inserting ‘‘Subject to paragraph (4), if’’; and
(2) by adding at the end the following new
paragraph:
‘‘(4) Effective upon the entry into force of the
North American Free Trade Agreement, the expor-
tation to a NAFTA country, as defined in section
2(4) of the North American Free Trade Agreement
Implementation Act, of merchandise that is fungible
with and substituted for imported merchandise,
other than merchandise described in paragraphs (1)
through (8) of section 203(a) of that Act, shall not
constitute an exportation for purposes of paragraph
(2).’’.
(d) ELIMINATION OF DRAWBACK FOR SECTION 22
FEES.—Notwithstanding any other provision of law, the
Secretary of the Treasury may not, on condition of export,
refund or reduce a fee applied pursuant to section 22 of
the Agricultural Adjustment Act (7 U.S.C. 624) with re-
spect to goods included under subsection (a) that are ex-
ported to—
(1) Canada after December 31, 1995, for so
long as it is a NAFTA country; or
(2) Mexico after December 31, 2000, for so
long as it is a NAFTA country.
(e) INAPPLICABILITY
TO
COUNTERVAILING
AND
ANTIDUMPING DUTIES.—Nothing in this section or the
amendments made by it shall be considered to authorize
the refund, waiver, or reduction of countervailing duties
or antidumping duties imposed on an imported good.
SEC. 204. CUSTOMS USER FEES.
Paragraph (10) of section 13031(b) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(b)(10)) is amended to read as follows:
‘‘(10)(A) The fee charged under subsection (a)(9) or
(10) with respect to goods of Canadian origin (as deter-
mined under section 202 of the United States-Canada
Free-Trade Agreement) when the United States-Canada
Free-Trade Agreement is in force shall be in accordance
with section 403 of that Agreement.
‘‘(B) For goods qualifying under the rules of origin
set out in section 202 of the North American Free Trade
Agreement Implementation Act, the fee under subsection
(a)(9) or (10)—
‘‘(i) may not be charged with respect to goods
that qualify to be marked as goods of Canada pursu-
ant to Annex 311 of the North American Free
Trade Agreement, for such time as Canada is a
NAFTA country, as defined in section 2(4) of such
Implementation Act; and
‘‘(ii) may not be increased after December 31,
1993, and may not be charged after June 29, 1999,
with respect to goods that qualify to be marked as
goods of Mexico pursuant to such Annex 311, for
such time as Mexico is a NAFTA country.
Any service for which an exemption from such fee is pro-
vided by reason of this paragraph may not be funded with
money contained in the Customs User Fee Account.’’.
SEC. 205. ENFORCEMENT.
(a) RECORDKEEPING REQUIREMENTS.—Section 508
of the Tariff Act of 1930 (19 U.S.C. 1508) is amended
as follows:
(1) Subsection (b) is amended to read as fol-
lows:
‘‘(b) EXPORTATIONS TO FREE TRADE COUNTRIES.—
‘‘(1) DEFINITIONS.—As used in this sub-
section—
‘‘(A) The term ‘associated records’ means,
in regard to an exported good under paragraph
(2), records associated with—
‘‘(i) the purchase of, cost of, value of,
and payment for, the good;
‘‘(ii) the purchase of, cost of, value of,
and payment for, all material, including in-
direct materials, used in the production of
the good; and
‘‘(iii) the production of the good.
For purposes of this subparagraph, the terms
‘indirect material,’ ‘material,’ ‘preferential tariff
treatment,’ ‘used,’ and ‘value’ have the respec-
tive meanings given them in articles 415 and
514 of the North American Free Trade Agree-
ment.
‘‘(B) The term ‘NAFTA Certificate of Ori-
gin’ means the certification, established under
article 501 of the North American Free Trade
Agreement, that a good qualifies as an originat-
ing good under such Agreement.
‘‘(2) EXPORTS TO NAFTA COUNTRIES.—
‘‘(A) IN GENERAL.—Any person who com-
pletes and signs a NAFTA Certificate of Origin
for a good for which preferential treatment
under the North American Free Trade Agree-
ment is claimed shall make, keep, and render
for examination and inspection all records relat-
ing to the origin of the good (including the Cer-
tificate or copies thereof) and the associated
records.
‘‘(B) CLAIMS FOR CERTAIN WAIVERS, RE-
DUCTIONS, OR REFUNDS OF DUTIES OR FOR
CREDIT AGAINST BONDS.—
‘‘(i) IN GENERAL.—Any person that
claims with respect to an article—
‘‘(I) a waiver or reduction of
duty under the last paragraph of sec-
tion 311, section 312(b)(1) or (4),
section 562(2), or the last proviso to
section 3(a) of the Foreign Trade
Zones Act;
‘‘(II) a credit against a bond
under section 312(d); or
‘‘(III) a refund, waiver, or reduc-
tion of duty under section 313(n)(2)
or (o)(1);
must disclose to the Customs Service the
information described in clause (ii).
‘‘(ii) 
INFORMATION
REQUIRED.—
Within 30 days after making a claim de-
scribed in clause (i) with respect to an ar-
ticle, the person making the claim must
disclose to the Customs Service whether
that person has prepared, or has knowl-
edge that another person has prepared, a
NAFTA Certificate of Origin for the arti-
cle. If after such 30-day period the person
making the claim either—
‘‘(I) prepares a NAFTA Certifi-
cate of Origin for the article; or
‘‘(II) learns of the existence of
such a Certificate for the article;
that person, within 30 days after the oc-
currence described in subclause (I) or (II),
must disclose the occurrence to the Cus-
toms Service.
‘‘(iii) ACTION ON CLAIM.—If the Cus-
toms Service determines that a NAFTA
Certificate of Origin has been prepared
with respect to an article for which a claim
described in clause (i) is made, the Cus-
toms Service may make such adjustments
regarding the previous customs treatment
of the article as may be warranted.
‘‘(3) EXPORTS UNDER THE CANADIAN AGREE-
MENT.—Any person who exports, or who knowingly
causes to be exported, any merchandise to Canada
during such time as the United States-Canada Free-
Trade Agreement is in force with respect to, and the
United States applies that Agreement to, Canada
shall make, keep, and render for examination and
inspection such records (including certifications of
origin or copies thereof) which pertain to the expor-
tations.’’.
(2) Subsection (c) is amended to read as fol-
lows:
‘‘(c) PERIOD OF TIME.—The records required by sub-
sections (a) and (b) shall be kept for such periods of time
as the Secretary shall prescribe; except that—
‘‘(1) no period of time for the retention of the
records required under subsection (a) or (b)(3) may
exceed 5 years from the date of entry or exportation,
as appropriate;
‘‘(2) the period of time for the retention of the
records required under subsection (b)(2) shall be at
least 5 years from the date of signature of the
NAFTA Certificate of Origin; and
‘‘(3) records for any drawback claim shall be
kept until the 3rd anniversary of the date of pay-
ment of the claim.’’.
(3) Subsection (e) is amended to read as fol-
lows:
‘‘(e) SUBSECTION (b) PENALTIES.—
‘‘(1) RELATING TO NAFTA EXPORTS.—Any per-
son who fails to retain records required by para-
graph (2) of subsection (b) or the regulations issued
to implement that paragraph shall be liable for—
‘‘(A) a civil penalty not to exceed $10,000;
or
‘‘(B) the general recordkeeping penalty
that applies under the customs laws;
whichever penalty is higher.
‘‘(2) RELATING TO CANADIAN AGREEMENT EX-
PORTS.—Any person who fails to retain the records
required by paragraph (3) of subsection (b) or the
regulations issued to implement that paragraph shall
be liable for a civil penalty not to exceed $10,000.’’.
(b) 
CONFORMING
AMENDMENT.—Section
509(a)(2)(A)(ii) of the Tariff Act of 1930 (19 U.S.C.
1509(a)(2)(A)(ii)) is amended to read as follows:
‘‘(ii) exported merchandise, or know-
ingly caused merchandise to be exported,
100
to a NAFTA country (as defined in section
2(4) of the North American Free Trade
Agreement Implementation Act) or to Can-
ada during such time as the United States-
Canada Free-Trade Agreement is in force
with respect to, and the United States ap-
plies that Agreement to, Canada,’’.
(c) DISCLOSURE
OF INCORRECT INFORMATION.—
Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592)
is amended—
(1) in subsection (c)—
(A) by redesignating paragraph (5) as
paragraph (6); and
(B) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) PRIOR
DISCLOSURE
REGARDING
NAFTA
CLAIMS.—An importer shall not be subject to pen-
alties under subsection (a) for making an incorrect
claim for preferential tariff treatment under section
202 of the North American Free Trade Agreement
Implementation Act if the importer—
‘‘(A) has reason to believe that the
NAFTA Certificate of Origin (as defined in sec-
tion 508(b)(1)) on which the claim was based
contains incorrect information; and
101
‘‘(B) in accordance with regulations issued
by the Secretary, voluntarily and promptly
makes a corrected declaration and pays any du-
ties owing.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f) FALSE CERTIFICATIONS REGARDING EXPORTS
TO NAFTA COUNTRIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (3),
it is unlawful for any person to certify falsely, by
fraud, gross negligence, or negligence, in a NAFTA
Certificate 
of 
Origin 
(as 
defined 
in 
section
508(b)(1)) that a good to be exported to a NAFTA
country (as defined in section 2(4) of the North
American Free Trade Agreement Implementation
Act) qualifies under the rules of origin set out in
section 202 of that Act.
‘‘(2) APPLICABLE
PROVISIONS.—The proce-
dures and penalties of this section that apply to a
violation of subsection (a) also apply to a violation
of paragraph (1), except that—
‘‘(A) subsection (d) does not apply, and
‘‘(B) subsection (c)(5) applies only if the
person voluntarily and promptly provides, to all
persons to whom the person provided the
102
NAFTA Certificate of Origin, written notice of
the falsity of the Certificate.
‘‘(3) EXCEPTION.—A person may not be consid-
ered to have violated paragraph (1) if—
‘‘(A) the information was correct at the
time it was provided in a NAFTA Certificate of
Origin but was later rendered incorrect due to
a change in circumstances; and
‘‘(B) the person voluntarily and promptly
provides written notice of the change to all per-
sons to whom the person provided the Certifi-
cate of Origin.’’.
SEC. 206. RELIQUIDATION OF ENTRIES FOR NAFTA-ORIGIN
GOODS.
Section 520 of the Tariff Act of 1930 (19 U.S.C.
1520) is amended by adding at the end the following new
subsection:
‘‘(d) Notwithstanding the fact that a valid protest
was not filed, the Customs Service may, in accordance
with regulations prescribed by the Secretary, reliquidate
an entry to refund any excess duties paid on a good quali-
fying under the rules of origin set out in section 202 of
the North American Free Trade Agreement Implementa-
tion Act for which no claim for preferential tariff treat-
ment was made at the time of importation if the importer,
103
within 1 year after the date of importation, files, in ac-
cordance with those regulations, a claim that includes—
‘‘(1) a written declaration that the good quali-
fied under those rules at the time of importation;
‘‘(2) copies of all applicable NAFTA Certifi-
cates of Origin (as defined in section 508(b)(1));
and
‘‘(3) such other documentation relating to the
importation of the goods as the Customs Service
may require.’’.
SEC. 207. COUNTRY OF ORIGIN MARKING OF NAFTA GOODS.
(a) AMENDMENTS TO TARIFF ACT OF 1930.—Sec-
tion 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is
amended—
(1) in subsection (c)(1), by striking ‘‘or engrav-
ing’’ and inserting ‘‘engraving, or continuous paint
stenciling’’;
(2) in subsection (c)(2)—
(A) by striking ‘‘four’’ and inserting
‘‘five’’; and
(B) by striking ‘‘such as paint stenciling’’;
(3) in subsection (e), by striking ‘‘or engraving’’
and inserting ‘‘engraving, or an equally permanent
method of marking’’;
104
(4) by redesignating subsection (h) as sub-
section (i); and
(5) by inserting after subsection (g) the follow-
ing new subsection:
‘‘(h) TREATMENT OF GOODS OF A NAFTA COUN-
TRY.—
‘‘(1) APPLICATION OF SECTION.—In applying
this section to an article that qualifies as a good of
a NAFTA country (as defined in section 2(4) of the
North American Free Trade Agreement Implemen-
tation Act) under the regulations issued by the Sec-
retary to implement Annex 311 of the North Amer-
ican Free Trade Agreement—
‘‘(A) the exemption under subsection
(a)(3)(H) shall be applied by substituting ‘rea-
sonably know’ for ‘necessarily know’;
‘‘(B) the Secretary shall exempt the good
from the requirements for marking under sub-
section (a) if the good—
‘‘(i) is an original work of art, or
‘‘(ii) is provided for under subheading
6904.10, heading 8541, or heading 8542
of the Harmonized Tariff Schedule of the
United States; and
105
‘‘(C) subsection (b) does not apply to the
usual container of any good described in sub-
section (a)(3)(E) or (I) or subparagraph (B)(i)
or (ii) of this paragraph.
‘‘(2) PETITION RIGHTS OF NAFTA EXPORTERS
AND PRODUCERS REGARDING MARKING DETERMINA-
TIONS.—
‘‘(A) DEFINITIONS.—For purposes of this
paragraph:
‘‘(i) The term ‘adverse marking deci-
sion’ means a determination by the Cus-
toms Service which an exporter or pro-
ducer of merchandise believes to be con-
trary to Annex 311 of the North American
Free Trade Agreement.
‘‘(ii) A person may not be treated as
the exporter or producer of merchandise
regarding which an adverse marking deci-
sion was made unless such person—
‘‘(I) if claiming to be the ex-
porter, is located in a NAFTA coun-
try and is required to maintain
records in that country regarding ex-
portations to NAFTA countries; or
106
‘‘(II) if claiming to be the pro-
ducer, grows, mines, harvests, fishes,
traps, hunts, manufactures, processes,
or assembles such merchandise in a
NAFTA country.
‘‘(B) INTERVENTION
OR
PETITION
RE-
GARDING
ADVERSE
MARKING
DECISIONS.—If
the Customs Service makes an adverse marking
decision regarding any merchandise, the Cus-
toms Service shall, upon written request by the
exporter or producer of the merchandise, pro-
vide to the exporter or producer a statement of
the basis for the decision. If the exporter or
producer believes that the decision is not cor-
rect, it may intervene in any protest proceeding
initiated by the importer of the merchandise. If
the importer does not file a protest with regard
to the decision, the exporter or producer may
file a petition with the Customs Service setting
forth—
‘‘(i) a description of the merchandise;
and
‘‘(ii) the basis for its claim that the
merchandise should be marked as a good
of a NAFTA country.
107
‘‘(C) EFFECT
OF
DETERMINATION
RE-
GARDING DECISION.—If, after receipt and con-
sideration of a petition filed by an exporter or
producer under subparagraph (B), the Customs
Service determines that the adverse marking
decision—
‘‘(i) is not correct, the Customs Serv-
ice shall notify the petitioner of the deter-
mination and all merchandise entered, or
withdrawn from warehouse for consump-
tion, more than 30 days after the date that
notice of the determination under this
clause is published in the weekly Custom
Bulletin shall be marked in conformity
with the determination; or
‘‘(ii) is correct, the Customs Service
shall notify the petitioner that the petition
is denied.
‘‘(D) JUDICIAL REVIEW.—For purposes of
judicial review, the denial of a petition under
subparagraph (C)(ii) shall be treated as if it
were a denial of a petition of an interested
party under section 516 regarding an issue
arising under any of the preceding provisions of
this section.’’.
108
(b) COORDINATION WITH 1988 ACT REGARDING
CERTAIN ARTICLES.—Articles that qualify as goods of a
NAFTA country under regulations issued by the Secretary
in accordance with Annex 311 of the Agreement are ex-
empt from the marking requirements promulgated by the
Secretary of the Treasury under section 1907(c) of the
Omnibus Trade and Competitiveness Act of 1988 (Public
Law 100–418), but are subject to the requirements of sec-
tion 304 of the Tariff Act of 1930 (19 U.S.C. 1304).
SEC. 208. PROTESTS AGAINST ADVERSE ORIGIN DETER-
MINATIONS.
Section 514 of the Tariff Act of 1930 (19 U.S.C.
1514) is amended—
(1) in subsection (c)(1) by inserting ‘‘, or with
respect to a determination of origin under section
202 of the North American Free Trade Agreement
Implementation Act,’’ after ‘‘with respect to any one
category of merchandise’’ in the fourth sentence;
(2) in subsection (c)(2)—
(A) by striking out ‘‘or’’ at the end of sub-
paragraph (D);
(B) by redesignating subparagraph (E) as
subparagraph (F);
(C) by inserting after subparagraph (D)
the following new subparagraph:
109
‘‘(E) with respect to a determination of or-
igin under section 202 of the North American
Free Trade Agreement Implementation Act,
any exporter or producer of the merchandise
subject to that determination, if the exporter or
producer completed and signed a NAFTA Cer-
tificate of Origin covering the merchandise; or’’;
and
(D) by striking ‘‘clauses (A) through (D)’’
in subparagraph (F) (as redesignated by sub-
paragraph (B)), and inserting ‘‘clauses (A)
through (E)’’; and
(3) by adding at the end the following new sub-
sections:
‘‘(e) ADVANCE NOTICE OF CERTAIN DETERMINA-
TIONS.—Except as provided in subsection (f), an exporter
or producer referred to in subsection (c)(2)(E) shall be
provided notice in advance of an adverse determination of
origin under section 202 of the North American Free
Trade Agreement Implementation Act. The Secretary
may, by regulations, prescribe the time period in which
such advance notice shall be issued and authorize the Cus-
toms Service to provide in the notice the entry number
and any other entry information considered necessary to
110
allow the exporter or producer to exercise the rights pro-
vided by this section.
‘‘(f) DENIAL
OF PREFERENTIAL TREATMENT.—If
the Customs Service finds indications of a pattern of con-
duct by an exporter or producer of false or unsupported
representations that goods qualify under the rules of ori-
gin set out in section 202 of the North American Free
Trade Agreement Implementation Act—
‘‘(1) the Customs Service, in accordance with
regulations issued by the Secretary, may deny pref-
erential tariff treatment to entries of identical goods
exported or produced by that person; and
‘‘(2) the advance notice requirement in sub-
section (e) shall not apply to that person;
until the person establishes to the satisfaction of the Cus-
toms Service that its representations are in conformity
with section 202.’’.
SEC. 209. EXCHANGE OF INFORMATION.
Section 628 of the Tariff Act of 1930 (19 U.S.C.
1628) is amended by adding at the end the following new
subsection:
‘‘(c) The Secretary may authorize the Customs Serv-
ice to exchange information with any government agency
of a NAFTA country, as defined in section 2(4) of the
111
North American Free Trade Agreement Implementation
Act, if the Secretary—
‘‘(1) reasonably believes the exchange of infor-
mation is necessary to implement chapter 3, 4, or 5
of the North American Free Trade Agreement, and
‘‘(2) obtains assurances from such country that
the information will be held in confidence and used
only for governmental purposes.’’.
SEC. 210. PROHIBITION ON DRAWBACK FOR TELEVISION
PICTURE TUBES.
Notwithstanding any other provision of law, no cus-
toms duties may be refunded, waived, or reduced on color
cathode-ray television picture tubes, including video mon-
itor cathode-ray tubes (provided for in subheading
8540.11.00 of the HTS), that are nonoriginating goods
under section 202(p)(19) and are—
(A) exported to a NAFTA country;
(B) used as a material in the production of
other goods that are exported to a NAFTA country;
or
(C) substituted for by goods of the same kind
and quality used as a material in the production of
other goods that are exported to a NAFTA country.
112
SEC. 211. MONITORING OF TELEVISION AND PICTURE TUBE
IMPORTS.
(a) MONITORING.—Beginning on the date the Agree-
ment enters into force with respect to the United States,
the United States Customs Service shall, for a period of
5 years, monitor imports into the United States of articles
described in subheading 8528.10 of the HTS from
NAFTA countries and shall take action to exercise all
rights of the United States under chapter 5 of the Agree-
ment with respect to such imports. The United States
Customs Service shall take appropriate action under chap-
ter 5 of the Agreement with respect to such imports, in-
cluding verifications to ensure that the rules of origin
under the Agreement are fully complied with and that the
duty drawback obligations contained in article 303 and
Annex 303.8 of the Agreement are fully implemented and
duties are correctly assessed.
(b) REPORT
TO TRADE REPRESENTATIVE.—The
United States Customs Service shall make the results of
the monitoring and verification required by subsection (a)
available to the President and the Trade Representative.
If, based on such information, the President has reason
to believe that articles described in subheading 8540.11
of the HTS, intended for ultimate consumption in the
United States, are entering the territory of a NAFTA
country inconsistent with the provisions of the Agreement,
113
or have been undervalued in a manner that may raise con-
cerns under United States trade laws, the President shall
promptly take such action as may be appropriate under
all relevant provisions of the Agreement, including article
317 and chapter 20, and under applicable United States
trade statutes.
SEC. 212. TITLE VI AMENDMENTS.
Any amendment in this title to a law that is also
amended under title VI shall be made after the title VI
amendment is executed.
SEC. 213. EFFECTIVE DATES.
(a) PROVISIONS EFFECTIVE ON DATE OF ENACT-
MENT.—Section 212 and this section take effect on the
date of the enactment of this Act.
(b) PROVISIONS EFFECTIVE WHEN AGREEMENT EN-
TERS INTO FORCE.—Section 201, section 202, section
203(a), (d), and (e), section 210 and section 211, the
amendment made by section 203(c), and the amendments
made by sections 204 through 209 take effect on the date
the Agreement enters into force with respect to the United
States.
(c) 
PROVISIONS
WITH
DELAYED
EFFECTIVE
DATES.—The amendments made by section 203(b)
apply—
114
(1) with respect to exports from the United
States to Canada—
(A) on January 1, 1996, if Canada is a
NAFTA country on that date, and
(B) after such date for so long as Canada
continues to be a NAFTA country; and
(2) with respect to exports from the United
States to Mexico—
(A) on January 1, 2001, if Mexico is a
NAFTA country on that date; and
(B) after such date for so long as Mexico
continues to be a NAFTA country.
TITLE 
III—APPLICATION 
OF
AGREEMENT 
TO 
SECTORS
AND SERVICES
Subtitle A—Safeguards
PART 1—RELIEF FROM IMPORTS BENEFITING
FROM THE AGREEMENT
SEC. 301. DEFINITIONS.
As used in this part:
(1) CANADIAN ARTICLE.—The term ‘‘Canadian
article’’ means an article that—
(A) is an originating good under chapter 4
of the Agreement; and
115
(B) qualifies under the Agreement to be
marked as a good of Canada.
(2) MEXICAN
ARTICLE.—The term ‘‘Mexican
article’’ means an article that—
(A) is an originating good under chapter 4
of the Agreement; and
(B) qualifies under the Agreement to be
marked as a good of Mexico.
SEC. 302. COMMENCING OF ACTION FOR RELIEF.
(a) FILING OF PETITION.—
(1) IN GENERAL.—A petition requesting action
under this part for the purpose of adjusting to the
obligations of the United States under the Agree-
ment may be filed with the International Trade
Commission by an entity, including a trade associa-
tion, firm, certified or recognized union, or group of
workers, that is representative of an industry. The
International Trade Commission shall transmit a
copy of any petition filed under this subsection to
the 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.
116
(3) CRITICAL CIRCUMSTANCES.—An allegation
that critical circumstances exist must be included in
the petition or made on or before the 90th day after
the date on which the investigation is initiated under
subsection (b).
(b) INVESTIGATION
AND DETERMINATION.—Upon
the filing of a petition under subsection (a), the Inter-
national Trade Commission, unless subsection (d) applies,
shall promptly initiate an investigation to determine
whether, as a result of the reduction or elimination of a
duty provided for under the Agreement, a Canadian article
or a Mexican article, as the case may be, is being imported
into the United States in such increased quantities (in ab-
solute terms) and under such conditions so that imports
of the article, alone, constitute a substantial cause of—
(1) serious injury; or
(2) except in the case of a Canadian article, a
threat of serious injury;
to the domestic industry producing an article that is like,
or directly competitive with, the imported article.
(c) APPLICABLE PROVISIONS.—The provisions of—
(1) paragraphs (1)(B), (3) (except subpara-
graph (A)), and (4) of subsection (b);
(2) subsection (c); and
(3) subsection (d),
117
of section 202 of the Trade Act of 1974 (19 U.S.C. 2252)
apply with respect to any investigation initiated under
subsection (b).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No
investigation may be initiated under this section with re-
spect to—
(1) any Canadian article or Mexican article if
import relief has been provided under this part with
respect to that article; or
(2) any textile or apparel article set out in Ap-
pendix 1.1 of Annex 300–B of the Agreement.
SEC. 303. INTERNATIONAL TRADE COMMISSION ACTION ON
PETITION.
(a) DETERMINATION.—By no later than 120 days
after the date on which an investigation is initiated under
section 302(b) with respect to a petition, the International
Trade Commission shall—
(1) make the determination required under that
section; and
(2) if the determination referred to in para-
graph (1) is affirmative and an allegation regarding
critical circumstances was made under section
302(a), make a determination regarding that allega-
tion.
118
(b) ADDITIONAL FINDING AND RECOMMENDATION IF
DETERMINATION AFFIRMATIVE.—If the determination
made by the International Trade Commission under sub-
section (a) with respect to imports of an article is affirma-
tive, the International Trade Commission shall find, and
recommend to the President in the report required under
subsection (c), the amount of import relief that is nec-
essary to remedy or, except in the case of imports of a
Canadian article, prevent the injury found by the Inter-
national Trade Commission in the determination. The im-
port relief recommended by the International Trade Com-
mission under this subsection shall be limited to that de-
scribed in section 304(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 International Trade Commission shall submit to
the President a report 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 International
119
Trade Commission shall promptly make public such report
(with the exception of information which the International
Trade Commission determines to be confidential) and
shall cause a summary thereof to be published in the Fed-
eral Register.
(e) APPLICABLE PROVISIONS.—For purposes of this
part, the provisions of paragraphs (1), (2), and (3) of sec-
tion 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d))
shall be applied with respect to determinations and find-
ings made under this section as if such determinations and
findings were made under section 202 of the Trade Act
of 1974 (19 U.S.C. 2252).
SEC. 304. 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 International Trade Commission containing
an affirmative determination of the International Trade
Commission under section 303(a), the President, subject
to subsection (b), shall provide relief from imports of the
article that is the subject of such determination to the ex-
tent that the President determines necessary to remedy
or, except in the case of imports of a Canadian article,
prevent the injury found by the International Trade
Commission.
121
that does not exceed the column 1 general rate
of duty imposed on the article for the cor-
responding season occurring immediately before
January 1, 1989.
(2) In the case of imports of a Mexican arti-
cle—
(A) the suspension of any further reduc-
tion provided for under the United States
Schedule to Annex 302.2 of the Agreement in
the duty imposed on such article;
(B) an increase in the rate of duty im-
posed on such article to a level that does not
exceed the lesser of—
(i) the column 1 general rate of duty
imposed under the HTS on like articles at
the time the import relief is provided, or
(ii) the column 1 general rate of duty
imposed under the HTS on like articles on
the day before the date on which the
Agreement enters into force; or
(C) in the case of a duty applied on a sea-
sonal basis to such 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
122
for the corresponding season immediately occur-
ring 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 3 years, except that, if a Canadian article or
Mexican article which is the subject of the action—
(1) is provided for in an item for which the
transition period of tariff elimination set out in the
United States Schedule to Annex 302.2 of the
Agreement is greater than 10 years; and
(2) the President determines that the affected
industry has undertaken adjustment and requires an
extension of the period of the import relief;
the President, after obtaining the advice of the Inter-
national Trade Commission, may extend the period of the
import relief for not more than 1 year, if the duty applied
during the initial period of the relief is substantially re-
duced at the beginning of the extension period.
(e) RATE ON MEXICAN ARTICLES AFTER TERMI-
NATION OF IMPORT RELIEF.—When import relief under
this part is terminated with respect to a Mexican 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
123
that, according to the United States Schedule to
Annex 302.2 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 302; 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, ei-
ther—
(A) the rate of duty conforming to the ap-
plicable rate set out in the United States
Schedule to Annex 302.2; 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 302.2 for the elimination of
the tariff.
SEC. 305. TERMINATION OF RELIEF AUTHORITY.
(a) GENERAL RULE.—Except as provided in sub-
section (b), no import relief may be provided under this
part—
(1) in the case of a Canadian article, after De-
cember 31, 1998; or
124
(2) in the case of a Mexican article, after the
date that is 10 years after the date on which the
Agreement enters into force;
unless the article against which the action is taken is an
item for which the transition period for tariff elimination
set out in the United States Schedule to Annex 302.2 of
the Agreement is greater than 10 years, in which case the
period during which relief may be granted shall be the pe-
riod of staged tariff elimination for that article.
(b) EXCEPTION.—Import relief may be provided
under this part in the case of a Canadian article or Mexi-
can article after the date on which such relief would, but
for this subsection, terminate under subsection (a), but
only if the Government of Canada or Mexico, as the case
may be, consents to such provision.
SEC. 306. 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 304 shall be treated as action taken
under chapter I of title II of such Act.
SEC. 307. SUBMISSION OF PETITIONS.
A petition for import relief may be submitted to the
International Trade Commission under—
(1) this part;
125
(2) chapter 1 of title II of the Trade Act of
1974; or
(3) under both this part and such chapter 1 at
the same time, in which case the International
Trade Commission shall consider such petitions
jointly.
SEC. 308. SPECIAL TARIFF PROVISIONS FOR CANADIAN
FRESH FRUITS AND VEGETABLES.
(a) IN
GENERAL.—Section 301(a) of the United
States-Canada Free-Trade Agreement Implementation
Act (19 U.S.C. 2112 note) is amended—
(1) in paragraph (1), by striking ‘‘promptly’’ in
the flush sentence at the end thereof and inserting
‘‘immediately’’,
(2) by redesignating paragraphs (2) through
(9) as paragraphs (3) through (10), respectively,
(3) by inserting after paragraph (1) the follow-
ing new paragraph:
‘‘(2) No later than 6 days after publication in
the Federal Register of the notice described in para-
graph (1), the Secretary shall decide whether to rec-
ommend the imposition of a temporary duty to the
President, and if the Secretary decides to make such
a recommendation, the recommendation shall be for-
warded immediately to the President.’’,
126
(4) in paragraph (5), as redesignated by para-
graph (2), by striking ‘‘paragraph (3)’’ and inserting
‘‘paragraph (4)’’,
(5) by amending paragraph (9), as redesignated
by paragraph (2), to read as follows:
‘‘(9) For purposes of assisting the Secretary in
carrying out this subsection—
‘‘(A) the Commissioner of Customs and
the Director of the Bureau of Census shall co-
operate in providing the Secretary with timely
information and data relating to the importa-
tion of Canadian fresh fruits and vegetables,
and
‘‘(B) importers shall report such informa-
tion relating to Canadian fresh fruits and vege-
tables to the Commissioner of Customs at such
time and in such manner as the Commissioner
requires.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) take effect on the date of the enactment
of this Act.
SEC. 309. PRICE-BASED SNAPBACK FOR FROZEN CON-
CENTRATED ORANGE JUICE.
(a) TRIGGER PRICE DETERMINATION.—
127
(1) IN GENERAL.—The Secretary shall deter-
mine—
(A) each period of 5 consecutive business
days in which the daily price for frozen con-
centrated orange juice is less than the trigger
price; and
(B) for each period determined under sub-
paragraph (A), the first period occurring there-
after of 5 consecutive business days in which
the daily price for frozen concentrated orange
juice is greater than the trigger price.
(2) NOTICE
OF
DETERMINATIONS.—The Sec-
retary shall immediately notify the Commissioner of
Customs and publish notice in the Federal Register
of any determination under paragraph (1), and the
date of such publication shall be the determination
date for that determination.
(b) IMPORTS
OF MEXICAN ARTICLES.—Whenever
after any determination date for a determination under
subsection (a)(1)(A), the quantity of Mexican articles of
frozen concentrated orange juice that is entered exceeds—
(1) 264,978,000 liters (single strength equiva-
lent) in any of calendar years 1994 through 2002;
or
128
(2) 340,560,000 liters (single strength equiva-
lent) in any of calendar years 2003 through 2007;
the rate of duty on Mexican articles of frozen concentrated
orange juice that are entered after the date on which the
applicable limitation in paragraph (1) or (2) is reached
and before the determination date for the related deter-
mination under subsection (a)(1)(B) shall be the rate of
duty specified in subsection (c).
(c) RATE OF DUTY.—The rate of duty specified for
purposes of subsection (b) for articles entered on any day
is the rate in the HTS that is the lower of—
(1) the column 1–General rate of duty in effect
for such articles on July 1, 1991; or
(2) the column 1–General rate of duty in effect
on that day.
(d) DEFINITIONS.—For purposes of this section—
(1) The term ‘‘daily price’’ means the daily
closing price of the New York Cotton Exchange, or
any successor as determined by the Secretary, for
the closest month in which contracts for frozen con-
centrated orange juice are being traded on the Ex-
change.
(2) The term ‘‘business day’’ means a day in
which contracts for frozen concentrated orange juice
129
are being traded on the New York Cotton Exchange,
or any successor as determined by the Secretary.
(3) The term ‘‘entered’’ means entered or with-
drawn from warehouse for consumption, in the cus-
toms territory of the United States.
(4) The term ‘‘frozen concentrated orange
juice’’ means all products classifiable under sub-
heading 2009.11.00 of the HTS.
(5) The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(6) The term ‘‘trigger price’’ means the average
daily closing price of the New York Cotton Ex-
change, or any successor as determined by the Sec-
retary, for the corresponding month during the pre-
vious 5-year period, excluding the year with the
highest average price for the corresponding month
and the year with the lowest average price for the
corresponding month.
PART 2—RELIEF FROM IMPORTS FROM ALL
COUNTRIES
SEC. 311. NAFTA ARTICLE IMPACT IN IMPORT RELIEF
CASES UNDER THE TRADE ACT OF 1974.
(a) IN GENERAL.—If, in any investigation initiated
under chapter 1 of title II of the Trade Act of 1974, the
International Trade Commission makes an affirmative de-
130
termination (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 International Trade Commission shall also find (and
report to the President at the time such injury determina-
tion is submitted to the President) whether—
(1) imports of the article from a NAFTA coun-
try, considered individually, account for a substan-
tial share of total imports; and
(2) imports of the article from a NAFTA coun-
try, considered individually or, in exceptional cir-
cumstances, imports from NAFTA countries consid-
ered collectively, contribute importantly to the seri-
ous injury, or threat thereof, caused by imports.
(b) FACTORS.—
(1) SUBSTANTIAL
IMPORT
SHARE.—In deter-
mining whether imports from a NAFTA country,
considered individually, account for a substantial
share of total imports, such imports normally shall
not be considered to account for a substantial share
of total imports if that country is not among the top
5 suppliers of the article subject to the investigation,
measured in terms of import share during the most
recent 3-year period.
131
(2) APPLICATION
OF
‘‘CONTRIBUTE
IMPOR-
TANTLY’’ STANDARD.—In determining whether im-
ports from a NAFTA country or countries contrib-
ute importantly to the serious injury, or threat
thereof, the International Trade Commission shall
consider such factors as the change in the import
share of the NAFTA country or countries, and the
level and change in the level of imports of such
country or countries. In applying the preceding sen-
tence, imports from a NAFTA country or countries
normally shall not be considered to contribute impor-
tantly to serious injury, or the threat thereof, if the
growth rate of imports from such country or coun-
tries during the period in which an injurious in-
crease in imports occurred is appreciably lower than
the growth rate of total imports from all sources
over the same period.
(c) DEFINITION.—For purposes of this section and
section 312(a), the term ‘‘contribute importantly’’ refers
to an important cause, but not necessarily the most impor-
tant cause.
SEC. 312. PRESIDENTIAL ACTION REGARDING NAFTA IM-
PORTS.
(a) IN GENERAL.—In determining whether to take
action under chapter 1 of title II of the Trade Act of 1974
132
with respect to imports from a NAFTA country, the Presi-
dent shall determine whether—
(1) imports from such country, considered indi-
vidually, account for a substantial share of total im-
ports; or
(2) imports from a NAFTA country, considered
individually, or in exceptional circumstances imports
from NAFTA countries considered collectively, con-
tribute importantly to the serious injury, or threat
thereof, found by the International Trade Commis-
sion.
(b) EXCLUSION OF NAFTA IMPORTS.—In determin-
ing the nature and extent of action to be taken under
chapter 1 of title II of the Trade Act of 1974, the Presi-
dent shall exclude from such action imports from a
NAFTA country if the President makes a negative deter-
mination under subsection (a)(1) or (2) with respect to
imports from such country.
(c) ACTION AFTER EXCLUSION OF NAFTA COUN-
TRY IMPORTS.—
(1) IN GENERAL.—If the President, under sub-
section (b), excludes imports from a NAFTA coun-
try or countries from action under chapter 1 of title
II of the Trade Act of 1974 but thereafter deter-
mines that a surge in imports from that country or
133
countries is undermining the effectiveness of the ac-
tion—
(A) the President may take appropriate ac-
tion under such chapter 1 to include those im-
ports in the action; and
(B) any entity that is representative of an
industry for which such action is being taken
may request the International Trade Commis-
sion to conduct an investigation of the surge in
such imports.
(2) INVESTIGATION.—Upon receiving a request
under paragraph (1)(B), the International Trade
Commission shall conduct an investigation to deter-
mine whether a surge in such imports undermines
the effectiveness of the action. The International
Trade Commission shall submit the findings of its
investigation to the President no later than 30 days
after the request is received by the International
Trade Commission.
(3) DEFINITION.—For purposes of this sub-
section, the term ‘‘surge’’ means a significant in-
crease in imports over the trend for a recent rep-
resentative base period.
(d) CONDITION APPLICABLE TO QUANTITATIVE RE-
STRICTIONS.—Any action taken under this section pro-
134
claiming a quantitative restriction shall permit the impor-
tation of a quantity or value of the article which is not
less than the quantity or value of such article imported
into the United States during the most recent period that
is representative of imports of such article, with allowance
for reasonable growth.
PART 3—GENERAL PROVISIONS
SEC. 315. PROVISIONAL RELIEF.
Section 202(d) of the Trade Act of 1974 (19 U.S.C.
2252(d)) is amended—
(1) in paragraph (1)(A) by inserting ‘‘or citrus
product’’ after ‘‘agricultural product’’ each place it
appears;
(2) in the text of paragraph (1)(C) that appears
before subclauses (I) and (II)—
(A) by inserting ‘‘or citrus product’’ after
‘‘agricultural product’’ each place it appears,
and
(B) by inserting ‘‘or citrus product’’ after
‘‘perishable product’’;
(3) by redesignating subparagraphs (A) and
(B) of paragraph (5) as subparagraphs (B) and (C);
and
(4) by inserting a new subparagraph (A) in
paragraph (5) to read as follows:
135
‘‘(A) The term ‘citrus product’ means any
processed oranges or grapefruit, or any orange
or grapefruit juice, including concentrate.’’.
SEC. 316. MONITORING.
For purposes of expediting an investigation concern-
ing provisional relief under this subtitle or section 202 of
the Trade Act of 1974 regarding—
(1) fresh or chilled tomatoes provided for in
subheading 0702.00.00 of the HTS; and
(2) fresh or chilled peppers, other than chili
peppers provided for in subheading 0709.60.00 of
the HTS;
the International Trade Commission, until January 1,
2009, shall monitor imports of such goods as if proper
requests for such monitoring had been made under sub-
section 202(d)(1)(C)(i) of such section 202. At the request
of the International Trade Commission, the Secretary of
Agriculture and the Commissioner of Customs shall pro-
vide to the International Trade Commission information
relevant to the monitoring carried out under this section.
SEC. 317. PROCEDURES CONCERNING THE CONDUCT OF
INTERNATIONAL TRADE COMMISSION INVES-
TIGATIONS.
(a) PROCEDURES AND RULES.—The International
Trade Commission shall adopt such procedures and rules
136
and regulations as are necessary to bring its procedures
into conformity with chapter 8 of the Agreement.
(b) CONFORMING AMENDMENT.—Section 202(a) of
the Trade Act of 1974 is amended by adding at the end
thereof the following:
‘‘(8) The procedures concerning the release of
confidential business information set forth in section
332(g) of the Tariff Act of 1930 shall apply with re-
spect to information received by the Commission in
the course of investigations conducted under this
chapter and part 1 of title III of the North Amer-
ican Free Trade Agreement Implementation Act.’’.
SEC. 318. EFFECTIVE DATE.
Except as provided in section 308(b), the provisions
of this subtitle take effect on the date the Agreement en-
ters into force with respect to the United States.
Subtitle B—Agriculture
SEC. 321. AGRICULTURE.
(a) MEAT IMPORT ACT OF 1979.—The Meat Import
Act of 1979 (19 U.S.C. 2253 note) is amended—
(1) in subsection (b)—
(A) by striking the last sentence in para-
graph (2),
137
(B) by redesignating paragraph (3) as
paragraph (4) and inserting after paragraph
(2) the following new paragraph:
‘‘(3) The term ‘meat articles’ does not include
any article described in paragraph (2) that—
‘‘(A) originates in a NAFTA country (as
determined in accordance with section 202 of
the NAFTA Act), or
‘‘(B) originates in Canada (as determined
in accordance with section 202 of the United
States-Canada Free-Trade Agreement Imple-
mentation Act of 1988) during such time as the
United States-Canada Free-Trade Agreement is
in force with respect to, and the United States
applies such Agreement to, Canada.’’; and
(C) by inserting after paragraph (4) (as
redesignated by subparagraph (B) of this para-
graph) the following new paragraphs:
‘‘(5) The term ‘NAFTA Act’ means the North
American Free Trade Agreement Implementation
Act.
‘‘(6) The term ‘NAFTA country’ has the mean-
ing given such term in section 2(4) of the NAFTA
Act.’’;
250
SEC. 503. CONFORMING AMENDMENTS.
(a) REFERENCES.—Sections 221(a), 222(a), and
223(a) of the Trade Act of 1974 (19 U.S.C. 2271(a),
2272(a), and 2273(a)) are each amended by striking out
‘‘assistance under this chapter’’ and inserting ‘‘assistance
under this subchapter’’.
(b) BENEFIT INFORMATION.—Section 225(b) of the
Trade Act of 1974 (19 U.S.C. 2275(b)) is amended by
inserting ‘‘or subchapter D’’ after ‘‘subchapter A’’ each
place it appears.
(c) NONDUPLICATION OF ASSISTANCE.—Subchapter
C of chapter 2 of title II of the Trade Act of 1974 is
amended by adding at the end the following new section:
‘‘SEC. 249A. NONDUPLICATION OF ASSISTANCE.
‘‘No worker may receive assistance relating to a sepa-
ration pursuant to certifications under both subchapters
A and D of this chapter.’’.
(d) JUDICIAL REVIEW.—Section 284 of the Trade
Act of 1974 (19 U.S.C. 2395(a)) is amended by inserting
‘‘or section 250(c)’’ after ‘‘section 223’’.
(e) TABLE OF CONTENTS.—The table of contents for
chapter 2 of title II of the Trade Act of 1974 is amend-
ed—
(1) by inserting after the item relating to sec-
tion 249 the following new item:
‘‘Sec. 249A. Nonduplication of assistance.’’;