H. R. 3009—112
of the Wool Manufacturer Payment Clarification and Technical
Corrections Act, only manufacturers who, according to the
records of the Customs Service, filed with the Customs Service
before September 11, 2001, letters of intent to establish eligi-
bility to be claimants are eligible to make a claim for a payment
under this section.
‘‘(5) AMOUNT
ATTRIBUTABLE
TO
PURCHASES
BY
NON-
IMPORTING MANUFACTURERS.—
‘‘(A) AMOUNT
ATTRIBUTABLE.—For purposes of para-
graphs (2)(C) and (3)(C), the amount attributable to the
purchases of imported eligible wool products in calendar
year 1999 by a nonimporting manufacturer shall be the
amount the nonimporting manufacturer paid for eligible
wool products in calendar year 1999, as evidenced by
invoices. The nonimporting manufacturer shall make such
calculation and submit the resulting amount to the Cus-
toms Service, within 45 days after the date of enactment
of the Wool Manufacturer Payment Clarification and Tech-
nical Corrections Act, in a signed affidavit that attests
that the information contained therein is true and accurate
to the best of the affiant’s belief and knowledge. The non-
importing manufacturer shall retain the records upon
which the calculation is based for a period of five years
beginning on the date the affidavit is submitted to the
Customs Service.
‘‘(B) ELIGIBLE
WOOL
PRODUCT.—For purposes of
subparagraph (A)—
‘‘(i) the eligible wool product for nonimporting
manufacturers of worsted wool fabrics is wool yarn
of the kind described in heading 5107.10 or 9902.51.13
of the Harmonized Tariff Schedule of the United States
purchased in calendar year 1999; and
‘‘(ii) the eligible wool products for nonimporting
manufacturers of wool yarn or wool fabric are wool
fiber or wool top of the kind described in heading
5101.11, 5101.19, 5101.21, 5101.29, 5101.30, 5103.10,
5103.20, 5104.00, 5105.21, 5105.29, or 9902.51.14 of
such Schedule purchased in calendar year 1999.
‘‘(6) AMOUNT ATTRIBUTABLE TO DUTIES PAID.—For purposes
of paragraphs (1), (2)(A), and (3)(A), the amount attributable
to the duties paid by a manufacturer shall be the amount
shown on the records of the Customs Service as of September
11, 2001, under this section as then in effect.
‘‘(7) SCHEDULE OF PAYMENTS; REALLOCATIONS.—
‘‘(A) SCHEDULE.—Of the payments described in para-
graphs (1), (2)(A), and (3)(A), the Customs Service shall
make the first and second installments on or before the
date that is 45 days after the date of enactment of the
Wool Manufacturer Payment Clarification and Technical
Corrections Act, and the third installment on or before
April 15, 2003. Of the payments described in paragraphs
(2)(C) and (3)(C), the Customs Service shall make the first
installment on or before the date that is 120 days after
the date of enactment of the Wool Manufacturer Payment
Clarification and Technical Corrections Act, and the second
installment on or before April 15, 2003.
H. R. 3009—113
‘‘(B) REALLOCATIONS.—In the event that a manufac-
turer that would have received payment under subpara-
graph (A) or (C) of paragraph (1), (2), or (3) ceases to
be qualified for such payment as such a manufacturer,
the amounts otherwise payable to the remaining manufac-
turers under such subparagraph shall be increased on a
pro rata basis by the amount of the payment such manufac-
turer would have received.
‘‘(8) REFERENCE.—For purposes of paragraphs (1)(A) and
(6), the ‘records of the Customs Service as of September 11,
2001’ are the records of the Wool Duty Unit of the Customs
Service on September 11, 2001, as adjusted by the Customs
Service to the extent necessary to carry out this section. The
amounts so adjusted are not subject to administrative or judicial
review.
‘‘(e) AFFIDAVITS BY MANUFACTURERS.—
‘‘(1) AFFIDAVIT REQUIRED.—A manufacturer may not receive
a payment under this section for calendar year 2000, 2001,
or 2002, as the case may be, unless that manufacturer has
submitted to the Customs Service for that calendar year a
signed affidavit that attests that, during that calendar year,
the affiant was a manufacturer in the United States described
in subsection (a), (b), or (c).
‘‘(2) TIMING.—An affidavit under paragraph (1) shall be
valid—
‘‘(A) in the case of a manufacturer described in para-
graph (1), (2)(A), or (3)(A) of subsection (d) filing a claim
for a payment for calendar year 2000 or 2001, or both,
only if the affidavit is postmarked no later than 15 days
after the date of enactment of the Wool Manufacturer
Payment Clarification and Technical Corrections Act; and
‘‘(B) in the case of a claim for a payment for calendar
year 2002, only if the affidavit is postmarked no later
than March 1, 2003.
‘‘(f) OFFSETS.—Notwithstanding any other provision of this sec-
tion, any amount otherwise payable under subsection (d) to a manu-
facturer in calendar year 2001 and, where applicable, in calendar
years 2002 and 2003, shall be reduced by the amount of any
payment received by that manufacturer under this section before
the enactment of the Wool Manufacturer Payment Clarification
and Technical Corrections Act.
‘‘(g) DEFINITION.—For purposes of this section, the manufac-
turer is the party that owns—
‘‘(1) imported worsted wool fabric, of the kind described
in heading 9902.51.11 or 9902.51.12 of the Harmonized Tariff
Schedule of the United States, at the time the fabric is cut
and sewn in the United States into men’s or boys’ suits, suit-
type jackets, or trousers;
‘‘(2) imported wool yarn, of the kind described in heading
5107.01 or 9902.51.13 of such Schedule, at the time the yarn
is processed in the United States into worsted wool fabric;
or
‘‘(3) imported wool fiber or wool top, of the kind described
in heading 5101.11, 5101.19, 5101.21, 5101.29, 5101.30,
5103.10, 5103.20, 5104.00, 5105.21, 5105.29, or 9902.51.14 of
such Schedule, at the time the wool fiber or wool top is proc-
essed in the United States into wool yarn.’’.
H. R. 3009—114
(2) FUNDING.—There is authorized to be appropriated and
is hereby appropriated, out of amounts in the General Fund
of the Treasury not otherwise appropriated, $36,251,000 to
carry out the amendments made by paragraph (1).
SEC. 5102. DUTY SUSPENSION ON WOOL.
(a) EXTENSION OF TEMPORARY DUTY REDUCTIONS.—
(1) HEADING 9902.51.11.—Heading 9902.51.11 of the Har-
monized Tariff Schedule of the United States is amended by
striking ‘‘2003’’ and inserting ‘‘2005’’.
(2) HEADING 9902.51.12.—Heading 9902.51.12 of the Har-
monized Tariff Schedule of the United States is amended—
(A) by striking ‘‘2003’’ and inserting ‘‘2005’’; and
(B) by striking ‘‘6%’’ and inserting ‘‘Free’’.
(3) HEADING 9902.51.13.—Heading 9902.51.13 of the Har-
monized Tariff Schedule of the United States is amended by
striking ‘‘2003’’ and inserting ‘‘2005’’.
(4) HEADING 9902.51.14.—Heading 9902.51.14 of the Har-
monized Tariff Schedule of the United States is amended by
striking ‘‘2003’’ and inserting ‘‘2005’’.
(b) LIMITATION ON QUANTITY OF IMPORTS.—
(1) NOTE 15.—U.S. Note 15 to subchapter II of chapter
99 of the Harmonized Tariff Schedule of the United States
is amended—
(A) by striking ‘‘from January 1 to December 31 of
each year, inclusive’’; and
(B) by striking ‘‘, or such other’’ and inserting the
following: ‘‘in calendar year 2001, 3,500,000 square meter
equivalents in calendar year 2002, and 4,500,000 square
meter equivalents in calendar year 2003 and each calendar
year thereafter, or such greater’’.
(2) NOTE 16.—U.S. Note 16 to subchapter II of chapter
99 of the Harmonized Tariff Schedule of the United States
is amended—
(A) by striking ‘‘from January 1 to December 31 of
each year, inclusive’’; and
(B) by striking ‘‘, or such other’’ and inserting the
following: ‘‘in calendar year 2001, 2,500,000 square meter
equivalents in calendar year 2002, and 3,500,000 square
meter equivalents in calendar year 2003 and each calendar
year thereafter, or such greater’’.
(c) EXTENSION OF DUTY REFUNDS AND WOOL RESEARCH TRUST
FUND.—
(1) IN GENERAL.—The United States Customs Service shall
pay each manufacturer that receives a payment under section
505 of the Trade and Development Act of 2000 (Public Law
106–200) for calendar year 2002, and that provides an affidavit
that it remains a manufacturer in the United States as of
January 1 of the year of the payment, 2 additional payments,
each payment equal to the payment received for calendar year
2002 as follows:
(A) The first payment to be made after January 1,
2004, but on or before April 15, 2004.
(B) The second payment to be made after January
1, 2005, but on or before April 15, 2005.
H. R. 3009—115
(2) CONFORMING AMENDMENT.—Section 506(f) of the Trade
and Development Act of 2000 (Public Law 106–200) is amended
by striking ‘‘2004’’ and inserting ‘‘2006’’.
(3) AUTHORIZATION.—There is authorized to be appro-
priated and is hereby appropriated out of amounts in the gen-
eral fund of the Treasury not otherwise appropriated such
sums as are necessary to carry out the provisions of this sub-
section.
(d) EFFECTIVE DATE.—The amendment made by subsection
(a)(2)(B) applies to goods entered, or withdrawn from warehouse
for consumption, on or after January 1, 2002.
Subtitle B—Other Provisions
SEC. 5201. FUND FOR WTO DISPUTE SETTLEMENTS.
(a) ESTABLISHMENT
OF FUND.—There is established in the
Treasury a fund for the payment of settlements under this section.
(b) AUTHORITY OF USTR TO PAY SETTLEMENTS.—Amounts in
the fund established under subsection (a) shall be available, as
provided in appropriations Acts, only for the payment by the United
States Trade Representative of the amount of the total or partial
settlement of any dispute pursuant to proceedings under the aus-
pices of the World Trade Organization, if—
(1) in the case of a total or partial settlement in an amount
of not more than $10,000,000, the Trade Representative cer-
tifies to the Secretary of the Treasury that the settlement
is in the best interests of the United States; and
(2) in the case of a total or partial settlement in an amount
of more than $10,000,000, the Trade Representative certifies
to the Congress that the settlement is in the best interests
of the United States.
(c) APPROPRIATIONS.—There are authorized to be appropriated
to the fund established under subsection (a)—
(1) $50,000,000; and
(2) amounts equivalent to amounts recovered by the United
States pursuant to the settlement of disputes pursuant to pro-
ceedings under the auspices of the World Trade Organization.
Amounts appropriated to the fund are authorized to remain avail-
able until expended.
(d) MANAGEMENT OF FUND.—Sections 9601 and 9602(b) of the
Internal Revenue Code of 1986 shall apply to the fund established
under subsection (a) to the same extent as such provisions apply
to trust funds established under subchapter A of chapter 98 of
such Code.
SEC. 5202. CERTAIN STEAM OR OTHER VAPOR GENERATING BOILERS
USED IN NUCLEAR FACILITIES.
(a) IN GENERAL.—Subheading 9902.84.02 of the Harmonized
Tariff Schedule of the United States is amended—
(1) by striking ‘‘4.9%’’ and inserting ‘‘Free’’; and
(2) by striking ‘‘12/31/2003’’ and inserting ‘‘12/31/2006’’.
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendments made by subsection
(a) shall apply to goods entered, or withdrawn from warehouse
for consumption, on or after January 1, 2002.
H. R. 3009—116
(2) RETROACTIVE
APPLICATION.—Notwithstanding section
514 of the Tariff Act of 1930 or any other provision of law,
and subject to paragraph (4), the entry of any article—
(A) that was made on or after January 1, 2002, and
(B) to which duty-free treatment would have applied
if the amendment made by this section had been in effect
on the date of such entry,
shall be liquidated or reliquidated as if such duty-free treatment
applied, and the Secretary of the Treasury shall refund any
duty paid with respect to such entry.
(3) ENTRY.—As used in this subsection, the term ‘‘entry’’
includes a withdrawal from warehouse for consumption.
(4) REQUESTS.—Liquidation or reliquidation may be made
under paragraph (2) with respect to an entry only if a request
therefor is filed with the Customs Service, within 180 days
after the date of the enactment of this Act, that contains
sufficient information to enable the Customs Service—
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be located.
SEC. 5203. SUGAR TARIFF-RATE QUOTA CIRCUMVENTION.
(a) IN GENERAL.—Chapter 17 of the Harmonized Tariff Schedule
of the United States is amended in the superior text to subheading
1702.90.05 by striking ‘‘Containing’’ and all that follows through
‘‘solids:’’ and inserting the following:
‘‘Containing soluble non-sugar solids (excluding any foreign
substances, including but not limited to molasses, that may
have been added to or developed in the product) equal to
6 percent or less by weight of the total soluble solids:’’.
(b) MONITORING FOR CIRCUMVENTION.—The Secretary of Agri-
culture and the Commissioner of Customs shall continuously mon-
itor imports of sugar and sugar-containing products provided for
in chapters 17, 18, 19, and 21 of the Harmonized Tariff Schedule
of the United States, other than molasses imported for use in
animal feed or the production of rum and articles prepared for
marketing to the ultimate consumer in the form and package in
which imported, for indications that an article is being used to
circumvent a tariff-rate quota provided for in those chapters. The
Secretary and Commissioner shall specifically examine imports of
articles provided for in subheading 1703.10.30 of the Harmonized
Tariff Schedule of the United States.
H. R. 3009—117
(c) REPORTS AND RECOMMENDATIONS.—The Secretary and the
Commissioner shall report their findings to Congress and the Presi-
dent not later than 180 days after the date of enactment of this
Act and every 6 months thereafter. The reports shall include data
and a description of developments and trends in the composition
of trade of articles provided for in the chapters of the Harmonized
Tariff Schedule of the United States identified in subsection (b)
and any indications of circumvention that may exist. The reports
shall also include recommendations for ending such circumvention,
including recommendations for legislation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.