I
103D CONGRESS
1ST SESSION
H. R. 1402
To amend the Tariff Act of 1930 to provide effective trade remedies under
the countervailing and antidumping duty laws against foreign-built ships
that are subsidized or dumped and to provide otherwise for fair trade
for the United States shipbuilding and repair industry.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1993
Mr. GIBBONS (for himself, Mr. STUDDS, Mr. LIPINSKI, Mr. BATEMAN, Mr.
CARDIN, Mr. PAYNE of Virginia, Mr. KOPETSKI, Mr. JEFFERSON, Mr.
PICKETT, Mr. ANDREWS of Maine, Mr. GENE GREEN of Texas, Mr. TAU-
ZIN, Mrs. BENTLEY, Mr. MURPHY, Mr. FILNER, Mrs. THURMAN, Ms.
SNOWE, Mr. HUNTER, Mr. MURTHA, Mr. REED, Mr. LIVINGSTON, Mr.
GOODLING, and Mr. TORRICELLI) introduced the following bill; which was
referred to the Committee on Ways and Means
A BILL
To amend the Tariff Act of 1930 to provide effective trade
remedies under the countervailing and antidumping duty
laws against foreign-built ships that are subsidized or
dumped and to provide otherwise for fair trade for the
United States shipbuilding and repair industry.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—TREATMENT OF VES-
SELS UNDER THE COUNTER-
VAILING AND ANTIDUMPING
DUTY LAWS
SEC. 101. AMENDMENT TO TITLE VII OF THE TARIFF ACT
OF 1930.
(a) IN GENERAL.—Subtitle D of title VII of the Tar-
iff Act of 1930 is amended by adding after section 771B
the following new section:
‘‘SEC. 771C. SPECIAL RULES IN APPLYING TITLE TO FOR-
EIGN-MADE VESSELS.
‘‘(a) DEFINITION.—The term ‘vessel’ means any ves-
sel of a kind described in heading 8901, 8902.00.00, or
8906 (other than a warship) of the Harmonized Tariff
Schedule of the United States of not less than 100 gross
tons, as measured under the International Convention on
Tonnage Measurement of Ships, 1969.
‘‘(b) VESSELS CONSIDERED
AS MERCHANDISE.—
Notwithstanding any other provision of law, a vessel is
merchandise for purposes of this title and shall be subject
to antidumping or countervailing duties if an order has
been issued, but only if the construction or repair of the
vessel was carried out in a foreign country which—
‘‘(1) is not a signatory to a trade agreement
with the United States that provides for the imme-
diate elimination of the dumping of vessels and the
subsidizing of vessel construction or repair; or
‘‘(2) is a signatory to a trade agreement de-
scribed in paragraph (1) but was not, as determined
by the Secretary, in compliance with its obligations
under the trade agreement during the construction
or repair.
‘‘(c) APPLICATION OF SUBTITLES A AND B.—
‘‘(1) IN GENERAL.—In applying subtitles A and
B with respect to vessels constructed, reconstructed,
or repaired in foreign countries—
‘‘(A) a vessel shall be treated as sold for
importation into the United States when a
United States person enters into a contract
for—
‘‘(i) the construction or reconstruction
of the vessel by, or the purchase (or leas-
ing, if the equivalent of a purchase) of the
vessel after construction or reconstruction
from, the builder; or
‘‘(ii) the repair of the vessel; and
‘‘(B) a vessel sold for importation into the
United States shall be treated as being offered
for entry for consumption under the tariff laws
at the time of its first arrival at a port or place
in the United States after construction, recon-
struction, or repair, regardless of where the ves-
sel is registered or documented.
‘‘(2) DEFINITION.—For purposes of paragraph
(1), the term ‘United States person’ means—
‘‘(A) any individual or entity described in
subsection (a) of section 12102 of title 46,
United States Code;
‘‘(B) any agent or other person acting on
behalf of any individual or entity referred to in
subparagraph (A); or
‘‘(C) any person directly or indirectly
owned or controlled by any individual or entity
referred to in subparagraph (A).’’.
(b) APPLICABILITY OF AMENDMENT.—The amend-
ment made by subsection (a) applies to a vessel—
(1) constructed, reconstructed, or repaired
under a contract entered into after the date of en-
actment of this Act; or
(2) a contract for the construction, reconstruc-
tion, or repair of which was entered into on or be-
fore the date of the enactment of this Act if such
construction, reconstruction, or repair is not com-
pleted within 30 months after such date.
TITLE II—FAIR TRADE FOR THE
UNITED STATES SHIPBUILD-
ING AND REPAIR INDUSTRY
SECTION 201. SHORT TITLE.
This title may be cited as the ‘‘Shipbuilding Trade
Reform Act of 1993’’.
SEC. 202. CONGRESSIONAL FINDINGS.
(a) FINDINGS.—The Congress finds that—
(1) in 1981, the United States Government ter-
minated funding for the construction differential
subsidy program, thereby ending direct subsidization
of commercial shipbuilding in the United States;
(2) since 1981, the international market for
ship construction has been distorted by a wide array
of subsidies and other anticompetitive practices by
foreign countries, including but not limited to, the
member countries of Working Party 6 of the Organi-
zation for Economic Cooperation and Development;
(3) such subsidies and anticompetitive practices
include, but are not limited to, direct grants, pref-
erential financing, equity infusions, research and de-
velopment assistance, restructuring aid, special tax
concessions, debt forgiveness, and other forms of di-
rect and indirect assistance;
(4) foreign countries that directly or indirectly
provide subsidies or other forms of anticompetitive
assistance for the construction or repair of vessels
are engaging in unjustifiable, unreasonable and dis-
criminatory trade practices which—
(A) burden and restrict United States
commerce,
(B) materially injure the United States
ship construction and repair industry, and
(C) create general or special conditions un-
favorable to the ability of United States ship-
builders to engage in the construction of vessels
for international commerce;
(5) foreign shipbuilding subsidies have caused,
and threaten to cause, material injury to the United
States shipbuilding and ship repair industry, as evi-
denced by—
(A) the closure of more than 40 major
shipyards and the loss of over 120,000 jobs in
shipyards and their supplier base since 1981,
(B) the potential loss of another 180,000
jobs by 1998 if foreign subsidies are not elimi-
nated,
(C) the decline in the United States share
of the international commercial vessel construc-
tion market from 7.9 percent in 1979 to less
than 1 percent in 1991,
(D) the sharp drop in the number of
oceangoing commercial vessels on order or
under construction in United States shipyards
from 70 vessels in 1979 to 1 vessel in 1991,
(E) the substantial reduction in shipyard
profitability and the industry’s difficulty in rais-
ing capital,
(F) the dramatic decline in the capacity
utilization of United States shipyards and the
lost opportunities for technological advance-
ment; and
(G) the significant price underselling by
foreign shipyards;
(6) existing United States trade laws and trade
agreements provide limited redress to domestic pro-
ducers of ships for the trade-distorting subsidies and
dumping practices of foreign shipbuilders;
(7) a strong, effective multilateral agreement
among shipbuilding nations to eliminate trade-dis-
torting practices in the ship construction industry is
the best means of providing for fair international
competition, however, absent such an agreement,
greater redress under United States law against un-
fair and unreasonable foreign trade practices in
commercial ship construction is necessary;
(8) a viable United States ship construction, re-
pair and supplier industry is necessary to achieve
the national defense and economic security interests
of the United States; and
(9) United States shipyards, which have become
almost exclusive defense contractors, are positioning
themselves to make those investments in commercial
facilities, ship designs, manufacturing process, and
structural reorganization that are necessary for their
conversion to compete in the international commer-
cial ship construction and repair market and thereby
ensure a viable United States industry which can re-
spond to the Nation’s future national security re-
quirements; however, this conversion to the commer-
cial market cannot be achieved unless the massive
subsidies provided by foreign governments for the
construction and repair of commercial ships are
eliminated.
(b) PURPOSE.—It is the purpose of this title to en-
sure fair trade in the commercial shipbuilding and repair
industry by providing for additional trade remedies
against unfair foreign competition, particularly with re-
gard to those situations that cannot be dealt with effec-
tively under the antidumping and countervailing duty
laws.
SEC. 203. LISTING OF SUBSIDIZING COUNTRIES.
(a) ESTABLISHMENT OF LIST.—The Secretary shall
establish and maintain a list containing the name of each
foreign country that provides, after the date of the enact-
ment of this Act, directly or indirectly, any subsidy for
the construction or repair of vessels. The Secretary shall
publish the list in the Federal Register on at least a bian-
nual basis.
(b) STATUTORY LISTINGS.—
(1) IN GENERAL.—Unless the Secretary deter-
mines, with clear and convincing evidence, that a
foreign country that was a party to negotiating a
multilateral agreement for the elimination of ship-
building subsidies in the Organization for Economic
Cooperation and Development Working Party 6 on
October 16, 1991, does not provide, directly or indi-
rectly, any vessel construction or repair subsidy, the
Secretary shall, on the date of the enactment of this
Act—
(A) place the foreign country on the list;
(B) notify the foreign country of its inclu-
sion on the list; and
(C) publish notice of the listing in the Fed-
eral Register.
(2) DURATION
OF
LISTING.—Each foreign
country listed under subsection (a) as a result of
this paragraph shall remain on the list until such
time as the foreign country signs a trade agreement
with the United States that provides for the imme-
diate elimination of subsidies for the construction
and repair of vessels (including the elimination of
continuing benefits from prior subsidy programs).
(c) LISTINGS AFTER INVESTIGATIONS.—
(1) INITIATION OF INVESTIGATIONS.—
(A) INITIAL INVESTIGATION.—On the date
of the enactment of this Act, the Secretary shall
initiate an initial investigation into the practices
of foreign countries that provide, directly or in-
directly, subsidies for the construction or repair
of vessels in such countries. The investigation
required under this subparagraph shall be con-
cerned with those foreign countries, other than
those required to be listed under subsection (b),
which the Secretary has reasonable cause to be-
lieve provide, directly or indirectly, any subsidy
for the construction or repair of vessels.
(B) SUBSEQUENT INVESTIGATIONS.—If at
any time after the date of the enactment of this
Act, the Secretary receives—
(i) new information; or
(ii) a petition for an investigation
from an interested party that specifically
alleges the existence of one or more sub-
sidy practices and contains information
reasonably available to the petitioner sup-
porting such allegation;
the Secretary shall, within 20 days after the
date of receipt, initiate an investigation into the
subsidy practices of the foreign country if the
Secretary has reasonable cause, on the basis of
such information or petition, to believe that the
foreign country is providing, directly or indi-
rectly, any subsidy for the construction or re-
pair of vessels in that country.
(2) ADMINISTRATIVE PROCEDURE FOR INVES-
TIGATIONS; PRELIMINARY DETERMINATIONS.—
(A) NOTICE.—Within 7 days after initiat-
ing an investigation under paragraph (1)(A) or
(B), the Secretary shall publish in the Federal
Register a notice of such investigation together
with a request for public comments.
(B) PUBLIC
COMMENTS.—The Secretary
shall—
(i) receive public comments during the
30-day period following the day on which
notice is published under subparagraph
(A); and
(ii) subject to section 206(a), make
such comments available to the general
public upon request.
(C) 
PRELIMINARY
DETERMINATION.—
Within 30 days after the close of the public
comment period referred to in subparagraph
(B), the Secretary, on the basis of the evidence
contained in the record, shall make a prelimi-
nary determination regarding whether the for-
eign country provides, directly or indirectly, any
subsidy for the construction or repair of vessels.
(D) NOTICE OF PRELIMINARY DETERMINA-
TION.—Within 7 days after the day on which a
preliminary determination is made under sub-
paragraph (C), the Secretary shall publish in
the Federal Register a notice of the preliminary
determination together with—
(i) an explanation of the determina-
tion, including the nature and extent of
any subsidy identified as the basis for the
preliminary determination; and
(ii) a request for public comment re-
garding the preliminary determination.
(E) PUBLIC COMMENTS ON PRELIMINARY
DETERMINATION.—The Secretary shall—
(i) receive public comments during the
30-day period following the day on which
notice is published under subparagraph
(D); and
(ii) subject to section 206(a), make
such comments available to the general
public upon request.
(d) FINAL DETERMINATION.—
(1) IN GENERAL.—Within—
(A) 30 days after the close of the public
comment period referred to in subsection
(c)(2)(E)(i), in case of an investigation initiated
under subsection (c)(1)(A) or (B); or
(B) 30 days after the completion of an in-
vestigation regarding an emergency listing
under subsection (e);
the Secretary shall make a final determination re-
garding whether a foreign country provides, directly
or indirectly, any subsidy for the construction or re-
pair of vessels. Any determination made by the Sec-
retary under this subsection shall be based solely
upon evidence contained in the record, including that
information which is otherwise treated as propri-
etary under 206(a).
(2) NOTIFICATION AND PUBLICATION OF LIST-
ING.—If the Secretary determines under paragraph
(1) that a foreign country provides, directly or indi-
rectly, any subsidy for the construction or repair of
vessels, the Secretary shall, within 7 days after the
date of the determination—
(A) place the foreign country on the list;
(B) notify the foreign country of its inclu-
sion on the list; and
(C) publish in the Federal Register a no-
tice of the determination and listing together
with a full explanation of the determination, in-
cluding the nature and extent of any subsidy
identified as the basis for the determination.
(e) EMERGENCY LISTING.—If at any time the Sec-
retary determines that compelling prima facia evidence
has been provided by any interested party indicating that
a foreign country is providing any subsidy for the con-
struction or repair of vessels, the Secretary shall, within
7 days after receiving such evidence, place that country
on the list. Within 7 days after making an emergency list-
ing under this subsection, the Secretary shall—
(1) notify the affected foreign country thereof;
(2) publish in the Federal Register a notice of
the determination and the emergency listing, to-
gether with a request for public comment and a
schedule for an investigation into the alleged sub-
sidy; and
(3) initiate an investigation into the alleged
subsidy.
An investigation initiated under paragraph (3) shall be
concluded by the Secretary within 60 days after the day
of initiation. Upon completion of the investigation, the
Secretary shall make a final determination under sub-
section (d).
(f) RECONSIDERATION
AND REMOVAL
OF LIST-
INGS.—
(1) RECONSIDERATION.—The Secretary may
reconsider a final determination under subsection
(d)—
(A) after receiving an application for re-
consideration from the foreign country listed
under subsection (a) as a result of that deter-
mination, if the application alleges changed cir-
cumstances concerning the elimination by the
foreign country of its subsidy practices and the
Secretary considers the allegations sufficient to
warrant a reconsideration; or
(B) if the Secretary receives information
concerning the signing of an agreement between
the United States Government and that foreign
country that provides for the immediate elimi-
nation by that country of construction and re-
pair subsidies for vessels.
(2) RESTRICTION
ON
RECONSIDERATION.—A
foreign country may not make more than one appli-
cation for reconsideration under this subsection in
any calendar year.
(3) BURDEN OF PERSUASION.—In any recon-
sideration under paragraph (1)(A), the burden of
persuasion regarding whether there are changed cir-
cumstances sufficient to warrant a determination
that the foreign country should be removed from the
list is on the applicant.
(4) REMOVAL FROM LIST.—The Secretary may
remove a foreign country from the list only if the
Secretary determines—
(A) based solely on the evidence contained
in the public record, including that information
which is otherwise treated as proprietary under
section 206(a), that the foreign country does
not provide any subsidy, directly or indirectly,
for the construction or repair of vessels (includ-
ing any continuing benefit from any prior sub-
sidy program); or
(B) that there is a signed agreement be-
tween the United States Government and the
foreign country that provides for the immediate
elimination of subsidies for the construction and
repair of vessels.
(5) ADMINISTRATIVE PROCEDURES FOR RECON-
SIDERATION.—
(A) NOTICE AND COMMENT.—After receiv-
ing an application for reconsideration under
paragraph (4) from a foreign country, the Sec-
retary shall—
(i) within 7 days publish in the Fed-
eral Register the text of the application to-
gether with a request for public comments;
and
(ii) receive comments from the public
for a period of 60 days after the date of
publication and, subject to section 206(a),
make such comments available to the gen-
eral public upon request.
(B) REVIEW AND DETERMINATION.—With-
in 90 days after receiving an application for re-
consideration under paragraph (4), the Sec-
retary shall—
(i) review the comments received
under subparagraph (A) and issue a final
affirmative or negative determination re-
garding the removal of the foreign country
from the list; and
(ii) publish notice in the Federal Reg-
ister of the determination together with a
full explanation thereof.
(g) JUDICIAL REVIEW.—
(1) REVIEW OF DETERMINATION.—Within 30
days after the date of publication in the Federal
Register of a final determination of the Secretary
made under subsection (d)(1) or (f)(5)(B), any per-
son who is a party to the proceeding in connection
with which the matter arises may commence an ac-
tion in the United States Court of International
Trade by filing concurrently a summons and com-
plaint, each with the content and in the form, man-
ner, and style prescribed by the rules of that court,
contesting any factual findings or legal conclusions
upon which the determination is based.
(2) PROCEDURES AND FEES.—The procedures
and fees set forth in chapter 169 of title 28, United
States Code, apply to an action under this sub-
section.
(3) STANDARD OF REVIEW.—The court shall
hold unlawful any determination, finding, or conclu-
sion found to be unsupported by substantial evidence
on the record, or otherwise not in accordance with
law.
(4) RECORD FOR REVIEW.—The record for re-
view shall consist of a copy of all information pre-
sented to or obtained by the Secretary during the
course of the administrative proceeding, including all
governmental memoranda pertaining to the case and
the record of ex parte meetings, as well as a copy
of the determination, all transcripts or records of
conferences and hearings, and all notices published
in the Federal Register.
(5) STANDING.—Any person who was a party
to the administrative proceedings described in this
section shall have the right to appear and be heard
as a party in interest before the United States Court
of International Trade. The party filing the action
shall notify all such persons of the filing of an action
under this section, in the form, manner, and within
the time prescribed by the rules of the court.
(6) CONFORMING AMENDMENT.—Section 1581
of title 28, United States Code, is amended by add-
ing the following subsection:
‘‘(k) The Court of International Trade shall have ex-
clusive jurisdiction of any civil action commenced under
section 203(g) of the Shipbuilding Trade Reform Act of
1993.’’.
SEC. 204. PENALTIES.
(a) PENALTY FOR FALSE INFORMATION AND RE-
NEWAL OF SUBSIDIES.—
(1) IN GENERAL.—The Secretary shall place a
foreign country on the list for a period of not less
than 5 years if the Secretary—
(A) determines that a foreign country pro-
vided the Secretary with false or misleading in-
formation during any investigation or reconsid-
eration under section 203; or
(B) after making a final determination
under section 203(d) or (f) that the foreign
country is not providing a subsidy, determines
that the foreign country provides, directly or in-
directly, any new construction or repair subsidy
the Secretary shall take one or more of the following
actions with respect to any new affected vessel:
(A) Limit the sailings of the vessel to or
from the United States, or the amount of cargo
carried, by the vessel to not less than 50 per-
cent of the number of sailings, or the amount
of cargo carried, by the vessel during the imme-
diately preceding full calendar year.
(B) Impose on the vessel a fee not less
than $500,000 and not more than $1,000,000
per voyage.
(C) Direct the appropriate customs officer
at any port or place of destination in the Unit-
ed States to refuse the clearance required by
section 4197 of the Revised Statutes of the
United States to the vessel.
(D) Direct the Secretary of the department
in which the Coast Guard is operating to deny
entry for purpose of oceanborne trade of the
vessel to any port or place in the United States
or the navigable waters of the United States.
(3) PENALTIES FOR EXISTING AFFECTED VES-
SELS.—Subject to paragraph (1) and subsection (c),
if the Secretary finds the existence of conditions un-
favorable to the ability of any United States ship-
builder to engage in the construction or repair of
vessels for international commerce which arise out
of, or result from, a subsidy provided by a foreign
country on the list established under subsection (a),
the Secretary shall take either or both of the actions
described in subparagraphs (A) and (B) of para-
graph (2) with respect to an existing affected vessel
of that country.
(4) CARGO DIVERSION.—Subject to paragraph
(1) and subsection (c), the Secretary shall direct the
appropriate customs officer to deny entry of cargo
into the United States that has been transported on
an affected vessel if that cargo has been transported
to a port or place in the United States through a
foreign port or place in a country contiguous to the
United States.
(5) DEFINITIONS.—As used in this subsection:
(A) The term ‘‘affected vessel’’ means a
vessel—
(i) that is documented under the laws
of a foreign country that is on the list; or
(ii) the controlling interest in which is
held by a citizen or national of, or a legal
entity existing under the laws of, a foreign
country that is on the list, regardless of
Secretary during the course of any investigation conducted
under section 203.
(b) INFORMATION USED IN MAKING DETERMINA-
TIONS.—The Secretary shall, before making any final de-
termination under section 203, 204, or 205 verify all in-
formation that will be relied upon in making that deter-
mination. If the Secretary is unable to verify any informa-
tion submitted, the Secretary shall use the best informa-
tion available as the basis for action. Whenever a party
refuses or is unable to produce the information requested
in a timely manner and in the form provided, the Sec-
retary shall use the best information otherwise available.
All information presented to or obtained by the Secretary
shall be part of the record of the proceeding.
(c) PUBLIC AVAILABILITY OF DETERMINATIONS.—
The Secretary shall make available for public inspection
the text of all determinations made under section 203,
204, or 205.
SEC. 207. DEFINITIONS.
(a) DEFINITIONS.—As used in this title:
(1) The term ‘‘conditions unfavorable to the
ability of any United States shipbuilder to engage in
the construction or repair of vessels for international
commerce’’ includes, but is not limited to, any condi-
tions available to, and favorable for, foreign ship-
builders which are not reciprocally available to and
favorable for 
United 
States 
shipbuilders 
and
which—
(A) provide any disincentive to investment
in United States ship construction or repair fa-
cilities, equipment, and technology;
(B) contribute to any reduction in the
competitiveness of any United States ship-
builder to engage in the construction or repair
of vessels for international commerce; or
(C) otherwise contribute to any distortion
of the international market for ship construc-
tion or repair.
(2) The term ‘‘construction’’ includes recon-
struction.
(3) The term ‘‘interested party’’ means—
(i) a person that engages in ship construc-
tion or repair in the United States;
(ii) a certified union or recognized union or
group of workers which is representative of an
industry that engages in ship construction or
repair in the United States;
(iii) a trade or business association whose
members include firms, partnerships, or other
entities that engage in ship construction or re-
pair in the United States; and
(iv) an association, a majority of whose
members is composed of interested parties de-
scribed in clauses (i), (ii), and (iii) with respect
to ship construction.
(4) The term ‘‘foreign shipyard’’ includes a ship
construction or repair facility located in a foreign
country that is directly or indirectly owned, con-
trolled, managed, or financed by a foreign shipyard
that receives or benefits from a subsidy.
(5) The term ‘‘list’’ means the list established
under section 203(a).
(6) The term ‘‘Secretary’’ means the Secretary
of Commerce.
(7) The term ‘‘subsidy’’ includes, but is not lim-
ited to, any of the following:
(A) Officially supported export credits and
development assistance.
(B) Direct official operating support to the
commercial shipbuilding and repair industry, or
to a related entity that favors the operation of
shipbuilding and repair, including—
(i) grants;
(ii) loans and loan guarantees other
than those available on the commercial
market;
(iii) forgiveness of debt;
(iv) equity infusions on terms incon-
sistent with commercially reasonable in-
vestment practices;
(v) preferential provision of goods and
services; and
(vi) public sector ownership of com-
mercial shipyards on terms inconsistent
with commercially reasonable investment
practices.
(C) Direct official support for investment
in the commercial shipbuilding and repair in-
dustry, or to a related entity that favors the op-
eration of shipbuilding and repair, including the
kinds of support listed in clauses (i) through (v)
of subparagraph (B), and any restructuring
support, except public support for social pur-
poses directly and effectively linked to shipyard
closures.
(D) Assistance in the form of grants, pref-
erential loans, preferential tax treatment, or
otherwise, that benefits or is directly related to
shipbuilding and repair for purposes of research
and development that is not equally open to do-
mestic and foreign enterprises.
(E) Tax policies and practices that favor
the shipbuilding and repair industry, directly or
indirectly, such as tax credits, deductions, ex-
emptions and preferences, including accelerated
depreciation, if the benefits are not generally
available to persons or firms not engaged in
shipbuilding or repair.
(F) Any official regulation or practice that
authorizes or encourages persons or firms en-
gaged in shipbuilding or repair to enter into
anticompetitive arrangements.
(G) Any indirect support directly related,
in law or in fact, to shipbuilding and repair at
national yards, including any public assistance
favoring shipowners with an indirect effect on
shipbuilding or repair activities, and any assist-
ance provided to suppliers of significant inputs
to shipbuilding, which results in benefits to do-
mestic shipbuilders.
(H) Any export subsidy identified in the Il-
lustrative List of Export Subsidies in the Annex
to the Agreement on Interpretation and Appli-
cation of Articles VI, XVI, and XXIII of the
General Agreement on Tariffs and Trade or
any other export subsidy that may be prohibited
as a result of the Uruguay Round of trade ne-
gotiations.
(8) The term ‘‘vessel’’ means any self-propelled,
seagoing vessel—
(A) of not less than one hundred gross
tons, as measured under the International Con-
vention of Tonnage Measurement of Ships,
1969; and
(B) not exempt from entry under section
441 of the Tariff Act of 1930.
Æ
HR 1402 IH——2
HR 1402 IH——3