370
‘‘(B) Using counterfeit visas, licenses, per-
mits, bills of lading, or similar documentation,
or providing counterfeit visas, licenses, permits,
bills of lading, or similar documentation that is
subsequently used by the importer of record,
with respect to the entry into the customs terri-
tory of the United States of textile or apparel
products.
‘‘(C) Manufacturing, producing, supplying,
or selling textile or apparel products which are
falsely or frauduently labelled as to country of
origin or source.
‘‘(D) Engaging in practices which aid or
abet the transshipment, through a country
other than the country of origin, of textile or
apparel products in a manner which conceals
the true origin of the textile or apparel products
or permits the evasion of quotas on, or vol-
untary restraint agreements with respect to, im-
ports of textile or apparel products.
‘‘(3) REMOVAL FROM LIST.—Any person whose
name has been included in a list published under
paragraph (1) may petition the Secretary to be re-
moved from such list. If the Secretary finds that
such person has not committed any violations de-
371
scribed in paragraph (2) for a period of not less
than 3 years after the date on which the person’s
name was so published, the Secretary shall remove
such person from the list as of the next publication
of the list under paragraph (2).
‘‘(4) REASONABLE CARE REQUIRED FOR SUBSE-
QUENT IMPORTS.—
‘‘(A) RESPONSIBILITY OF IMPORTERS AND
OTHERS.—After the name of a person has been
published under paragraph (1), the Secretary of
the Treasury shall require any importer of
record entering, introducing, or attempting to
introduce into the commerce of the United
States textile or apparel products that were ei-
ther directly or indirectly produced, manufac-
tured, supplied, sold, exported, or transported
by such named person to show, to the satisfac-
tion of the Secretary, that such importer has
exercised reasonable care to ensure that the tex-
tile or apparel products are accompanied by
documentation, packaging, and labelling that
are accurate as to its origin. Such reasonable
care shall not include reliance solely on a source
of information which is the named person.
372
‘‘(B) FAILURE TO EXERCISE REASONABLE
CARE.—If the Customs Service determines that
merchandise is not from the country claimed on
the documentation accompanying the merchan-
dise, the failure to exercise reasonable care de-
scribed in subparagraph (A) shall be considered
when the Customs Service determines whether
the importer of record is in violation of section
484(a).
‘‘(b) LIST OF HIGH RISK COUNTRIES.—
‘‘(1) LIST.—The President or his designee,
upon the advice of the Secretaries of Commerce and
Treasury, and the heads of other appropriate de-
partments and agencies, is authorized to publish a
list of countries in which illegal activities have oc-
curred involving transshipped textile or apparel
products or activities designed to evade quotas of the
United States on textile or apparel products, if those
countries fail to demonstrate a good faith effort to
cooperate with United States authorities in ceasing
such activities. Such list shall be published in the
Federal Register not later than March 31 of each
year. Any country that is on the list and that subse-
quently demonstrates a good faith effort to cooper-
ate with United States authorities in ceasing illegal
373
activities described in the first sentence shall be re-
moved from the list, and such removal shall be pub-
lished in the Federal Register as soon as practicable.
‘‘(2) REASONABLE CARE REQUIRED FOR SUBSE-
QUENT IMPORTS.—
‘‘(A) RESPONSIBILITY OF IMPORTERS OF
RECORD.—The Secretary of the Treasury shall
require any importer of record entering, intro-
ducing, or attempting to introduce into the
commerce of the United States textile or ap-
parel products indicated, on the documentation,
packaging, or labelling accompanying such
products, to be from any country on the list
published under paragraph (1) to show, to the
satisfaction of the Secretary, that such im-
porter, consignee, or purchaser has exercised
reasonable care to ascertain the true country of
origin of the textile or apparel products.
‘‘(B) FAILURE TO EXERCISE REASONABLE
CARE.—If the Customs Service determines that
merchandise is not from the country claimed on
the documentation accompanying the merchan-
dise, the failure to exercise reasonable care de-
scribed in subparagraph (A) shall be considered
when the Customs Service determines whether
374
the importer of record is in violation of section
484(a).
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘country’ means a foreign country
or territory, including any overseas dependent terri-
tory or possession of a foreign country.’’.
SEC. 334. RULES OF ORIGIN FOR TEXTILE AND APPAREL
PRODUCTS.
(a) REGULATORY AUTHORITY.—The Secretary of the
Treasury shall prescribe rules implementing the principles
contained in subsection (b) for determining the origin of
textiles and apparel products. Such rules shall be promul-
gated in final form not later than July 1, 1995.
(b) PRINCIPLES.—
(1) IN
GENERAL.—Except as otherwise pro-
vided for by statute, a textile or apparel product, for
purposes of the customs laws and the administration
of quantitative restrictions, originates in a country,
territory, or insular possession, and is the growth,
product, or manufacture of that country, territory,
or insular possession, if—
(A) the product is wholly obtained or pro-
duced in that country, territory, or possession;
(B) the product is a yarn, thread, twine,
cordage, rope, cable, or braiding and—