163 
(1) takes effect on or after such date of enact-
ment; and 
(2) would, but for the amendment made by this 
section, apply to subheading 8505.19, applies to the 
corresponding rate of duty set forth in subheadings 
8505.19.10, 8505.19.20, and 8505.19.30 of such 
Schedule (as added by subsection (a)). 
(c) APPLICABILITY.—The amendments made by this 
section shall take effect as if included in the enactment 
of the Miscellaneous Trade and Technical Corrections Act 
of 2004 (Public Law 108–429). 
SEC. 3007. CELLAR TREATMENT OF WINE. 
Section 5382(a)(1)(A) of the Internal Revenue Code 
of 1986 (relating to cellar treatment of natural wine) is 
amended by striking ‘‘stabilize’’ and inserting ‘‘correct or 
stabilize’’. 
Subtitle B—Other Provisions 
SEC. 3011. CONSIDERATION OF CERTAIN CIVIL ACTIONS 
DELAYED BECAUSE OF THE TERRORIST AT-
TACKS OF SEPTEMBER 11, 2001. 
(a) IN GENERAL.—Notwithstanding any period of 
limitations, lapse of time, or any other provision of law, 
the United States Court of International Trade shall treat 
any civil action contesting the denial of a protest described 
in subsection (b) as having been filed in accordance with 
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164 
section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) 
and within the time limit provided in section 2636 of title 
28, United States Code. 
(b) AFFECTED PROTESTS.—The protests referred to 
in subsection (a) are as follows: 
Entry Number 
Protest Num-
ber 
Protest Date 
Denial Date 
2704-442-1562415-4 
2704.01.100001 
12/22/00 
03/23/01 
2704-442-1559965-3 
2704.00.103269 
12/12/00 
03/23/01 
2704-442-1561096-3 
2704.00.103270 
12/12/00 
03/23/01 
2704-442-1562411-3 
2704.01.100002 
12/22/00 
03/23/01 
2704-442-1562408-9 
2704.01.100003 
12/22/00 
03/23/01 
2704-442-1562416-2 
2704.01.100009 
12/22/00 
03/23/01 
2704-442-1564132-3 
2704.01.100033 
01/03/01 
03/23/01 
2704-442-1564387-3 
2704.01.100034 
01/03/01 
03/23/01 
2704-442-1564389-9 
2704.01.100035 
01/03/01 
03/23/01 
2704-442-1564390-7 
2704.01.100036 
01/03/01 
03/23/01 
2704-442-1564870-8 
2704.01.100038 
01/03/01 
03/23/01 
2704-442-1565099-3 
2704.01.100039 
01/03/01 
03/23/01 
2704-442-1563549-9 
2704.01.100042 
01/03/01 
03/23/01 
2704-442-1554152-3 
2704.01.100043 
12/22/00 
03/23/01 
2704-442-1562418-8 
2704.01.100072 
12/22/00 
03/27/01 
2704-442-1562419-6 
2704.01.100073 
12/22/00 
03/27/01 
2704-442-1562872-6 
2704.01.100074 
12/22/00 
03/27/01 
2704-442-1570239-8 
2704.01.100392 
02/09/01 
03/23/01 
2704-442-1570423-8 
2704.01.100400 
02/06/01 
03/27/01 
2704-442-1570431-1 
2704.01.100401 
02/06/01 
03/27/01 
2704-442-1571191-0 
2704.01.100403 
02/06/01 
04/05/01 
2704-442-1565424-3 
2704.01.100411 
02/05/01 
03/27/01 
2704-442-1565513-3 
2704.01.100422 
02/05/01 
03/26/01 
2704-442-1565516-6 
2704.01.100423 
02/05/01 
03/23/01 
2704-442-1565518-2 
2704.01.100424 
02/05/01 
03/23/01 
2704-442-1566265-9 
2704.01.100425 
02/05/01 
03/23/01 
2704-442-1567197-3 
2704.01.100427 
02/05/01 
03/23/01 
2704-442-1573049-8 
2704.01.100723 
03/13/01 
04/05/01 
2704-442-1572011-9 
2704.01.100725 
03/13/01 
04/05/01 
2704-442-1572003-6 
2704.01.100726 
03/13/01 
04/05/01 
2704-442-1572000-2 
2704.01.100727 
03/13/01 
04/05/01 
2704-442-1571470-8 
2704.01.100728 
03/13/01 
04/05/01 
SEC. 3012. EFFECTIVE DATE OF MODIFICATIONS TO THE 
HARMONIZED TARIFF SCHEDULE. 
Section 1206(c) of the Omnibus Trade and Competi-
tiveness Act of 1988 (19 U.S.C. 3006(c)) is amended by 
striking ‘‘15th’’ and inserting ‘‘30th’’. 
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165 
TITLE IV—EXTENSION OF NON-
DISCRIMINATORY 
TREAT-
MENT (NORMAL TRADE RELA-
TIONS TREATMENT) TO THE 
PRODUCTS OF VIETNAM 
SEC. 4001. FINDINGS. 
Congress finds the following: 
(1) In July 1995, President Bill Clinton an-
nounced the formal normalization of diplomatic rela-
tions between the United States and Vietnam. 
(2) Vietnam has taken cooperative steps with 
the United States under the United States Joint 
POW/MIA Accounting Command (formerly the 
Joint Task Force-Full Accounting) established in 
1992 by President George H.W. Bush to provide the 
fullest possible accounting of MIA and POW cases. 
(3) In 2000, the United States and Vietnam 
concluded a bilateral trade agreement that included 
commitments on goods, services, intellectual prop-
erty rights, and investment. The agreement was ap-
proved by joint resolution enacted pursuant to sec-
tion 405(c) of the Trade Act of 1974 (19 U.S.C. 
2435(c)), and entered into force in December 2001. 
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166 
(4) Since 2001, normal trade relations treat-
ment has consistently been extended to Vietnam pur-
suant to title IV of the Trade Act of 1974. 
(5) Vietnam has undertaken significant market- 
based economic reforms, including the reduction of 
government subsidies, tariffs and nontariff barriers, 
and extensive legal reform. These measures have 
dramatically improved Vietnam’s business and in-
vestment climate. 
(6) Vietnam has completed its negotiations to 
join the World Trade Organization (WTO). On May 
31, 2006, the United States and Vietnam signed a 
comprehensive bilateral agreement providing greater 
market access for goods and services and other trade 
liberalizing commitments. On November 7, 2006, the 
WTO General Council approved Vietnam’s member-
ship. Vietnam’s National Assembly ratified Viet-
nam’s WTO accession commitments on November 
28, 2006, and Vietnam will become the 150th Mem-
ber of the WTO 30 days thereafter. 
(7) On November 13, 2006, the Department of 
State removed Vietnam from its list of Countries of 
Particular Concern (CPC) for severe violations of re-
ligious freedom. In reaching this determination, the 
Department of State cited significant improvements 
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167 
in Vietnam toward advancing religious freedom, 
though problems remain that merit immediate atten-
tion and important work remains to be done to fully 
protect religious freedom in Vietnam. 
SEC. 4002. TERMINATION OF APPLICATION OF TITLE IV OF 
THE TRADE ACT OF 1974 TO VIETNAM. 
(a) PRESIDENTIAL DETERMINATIONS AND EXTEN-
SION OF NON-DISCRIMINATORY TREATMENT.—Notwith-
standing any provision of title IV of the Trade Act of 1974 
(19 U.S.C. 2431 et seq.), the President may— 
(1) determine that such title should no longer 
apply to Vietnam; and 
(2) after making a determination under para-
graph (1) with respect to Vietnam, proclaim the ex-
tension of nondiscriminatory treatment (normal 
trade relations treatment) to the products of that 
country. 
(b) TERMINATION OF THE APPLICABILITY OF TITLE 
IV.—On and after the effective date of the extension of 
nondiscriminatory treatment to the products of Vietnam 
under subsection (a), title IV of the Trade Act of 1974 
shall cease to apply to that country. 
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168 
SEC. 4003. PROCEDURE FOR DETERMINING PROHIBITED 
SUBSIDIES BY VIETNAM. 
(a) AUTHORITY OF TRADE REPRESENTATIVE.—The 
Trade Representative may conduct proceedings under this 
section to determine whether the Government of Vietnam 
is providing, on or after the date on which Vietnam ac-
cedes to the World Trade Organization, a prohibited sub-
sidy to its textile or apparel industry, if such proceedings 
are begun, and consultations under section 4004 are initi-
ated, during the 1-year period beginning on the date on 
which Vietnam accedes to the World Trade Organization. 
(b) PETITIONS.— 
(1) FILING.—Any interested person may file a 
petition with the Trade Representative requesting 
that the Trade Representative make a determination 
under subsection (a). The petition shall set forth the 
allegations in support of the request. 
(2) REVIEW
BY
TRADE
REPRESENTATIVE.— 
The Trade Representative shall review the allega-
tions in any petition filed under paragraph (1) and, 
not later than 20 days after the date on which the 
Trade Representative receives the petition, shall de-
termine whether to initiate proceedings to make a 
determination under subsection (a). 
(3) PROCEDURES.— 
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169 
(A) DETERMINATION
TO
INITIATE
PRO-
CEEDINGS.—If the Trade Representative makes 
an affirmative determination under paragraph 
(2) with respect to a petition, the Trade Rep-
resentative shall publish a summary of the peti-
tion in the Federal Register and notice of the 
initiation of proceedings under this section. 
(B) DETERMINATION
NOT
TO
INITIATE 
PROCEEDINGS.—If the Trade Representative 
determines not to initiate proceedings with re-
spect to a petition, the Trade Representative 
shall inform the petitioner of the reasons there-
for and shall publish notice of the determina-
tion, together with a summary of those reasons, 
in the Federal Register. 
(c) INITIATION
OF
PROCEEDINGS
BY
OTHER 
MEANS.—If the Trade Representative determines, in the 
absence of a petition, that proceedings should be initiated 
under this section, the Trade Representative shall publish 
in the Federal Register that determination, together with 
the reasons therefor, and notice of the initiation of pro-
ceedings under this section. 
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170 
SEC. 4004. CONSULTATIONS UPON INITIATION OF INVES-
TIGATION. 
If the Trade Representative initiates a proceeding 
under subsection (b)(3)(A) or (c) of section 4003, the 
Trade Representative, on behalf of the United States, 
shall, on the day on which notice thereof is published 
under the applicable subsection, so notify the Government 
of Vietnam and request consultations with that govern-
ment regarding the subsidy. 
SEC. 4005. PUBLIC PARTICIPATION AND CONSULTATION. 
(a) PUBLIC PARTICIPATION.—In the notice published 
under subsection (b)(3)(A) or (c) of section 4003, the 
Trade Representative shall provide an opportunity to the 
public for the presentation of views concerning the 
issues— 
(1) within the 30-day period beginning on the 
date of the notice (or on a date after such period if 
agreed to by the petitioner), or 
(2) at such other time if a timely request there-
for is made by the petitioner or by any interested 
person, 
with a public hearing if requested by an interested person. 
(b) CONSULTATION.—The Trade Representative shall 
consult with the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance 
of the Senate, and with the appropriate advisory commit-
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171 
tees established under section 135 of the Trade Act of 
1974 (19 U.S.C. 2155), with respect to whether to initiate 
proceedings under section 4003 and, if proceedings are 
conducted, with respect to making the determination 
under subsection (c). 
(c) DETERMINATION.—After considering all com-
ments submitted, and within 30 days after the close of 
the comment period under subsection (a), the Trade Rep-
resentative shall determine whether the Government of 
Vietnam is providing, on or after the date on which Viet-
nam accedes to the World Trade Organization, a prohib-
ited subsidy to its textile or apparel industry. The Trade 
Representative shall publish that determination in the 
Federal Register, together with the justification for the 
determination. 
(d) RECORD.—The Trade Representative shall make 
available to the public a complete record of all noncon-
fidential information presented in proceedings conducted 
under this section, together with a summary of confiden-
tial information so submitted. 
SEC. 4006. ARBITRATION AND IMPOSITION OF QUOTAS. 
(a) ARBITRATION.—If, within 60 days after consulta-
tions are requested under section 4004, in a case in which 
the Trade Representative makes an affirmative determina-
tion under section 4005(c), the matter in dispute is not 
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172 
resolved, the Trade Representative shall request arbitra-
tion of the matter under the Dispute Settlement Under-
standing. 
(b) IMPOSITION OF QUOTAS.— 
(1) IN
GENERAL.—The Trade Representative 
shall impose, for a period of not more than 1 year, 
the quantitative limitations described in paragraph 
(2) on textile and apparel products of Vietnam— 
(A) if, pursuant to arbitration under sub-
section (a), the arbitrator determines that the 
Government of Vietnam is providing, on or 
after the date on which Vietnam accedes to the 
World Trade Organization, a prohibited subsidy 
to its textile or apparel industry; or 
(B) if the arbitrator does not issue a deci-
sion within 120 days after the request for arbi-
tration, in which case the limitations cease to 
be effective if the arbitrator, after such limita-
tions are imposed, determines that the Govern-
ment of Vietnam is not providing, on or after 
the date on which Vietnam accedes to the 
World Trade Organization, a prohibited subsidy 
to its textile or apparel industry. 
(2) 
LIMITATIONS
DESCRIBED.—The 
quan-
titative limitations referred to in paragraph (1) are 
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173 
those quantitative limitations that were in effect 
under the Bilateral Textile Agreement during the 
most recent full calendar year in which the Bilateral 
Textile Agreement was in effect. 
(c) DETERMINATION OF COMPLIANCE.—If, after im-
posing quantitative limitations under subsection (b) be-
cause of a prohibited subsidy, the Trade Representative 
determines that the Government of Vietnam is not pro-
viding, on or after the date on which Vietnam accedes to 
the World Trade Organization, a prohibited subsidy to its 
textile or apparel industry, the quantitative limitations 
shall cease to be effective on the date on which that deter-
mination is made. 
SEC. 4007. DEFINITIONS. 
In this title: 
(1) BILATERAL
TEXTILE
AGREEMENT.—The 
term ‘‘Bilateral Textile Agreement’’ means the 
Agreement Relating to Trade in Cotton, Wool, Man- 
Made Fiber, Non-Cotton Vegetable Fiber and Silk 
Blend Textiles and Textile Products Between the 
Governments of the United States of America and 
the Socialist Republic of Vietnam, entered into on 
July 17, 2003. 
(2) DISPUTE SETTLEMENT UNDERSTANDING.— 
The term ‘‘Dispute Settlement Understanding’’ 
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