H. R. 3450—47
(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 seasonal 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 for the corresponding season immediately occurring
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 International 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 reduced at the beginning of the exten-
sion period.
(e) RATE ON MEXICAN ARTICLES AFTER TERMINATION 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 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 occurs shall be, at the
discretion of the President, either—
(A) the rate of duty conforming to the applicable 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 subsection (b), no
import relief may be provided under this part—
(1) in the case of a Canadian article, after December 31,
1998; or
(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;
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H. R. 3450—48
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 period 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 Mexican 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 President under
section 304 shall be treated as action taken under chapter 1 of
title II of such Act.
SEC. 307. SUBMISSION OF PETITIONS.
A petition for import relief may be submitted to the Inter-
national Trade Commission under—
(1) this part;
(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 of 1988 (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 para-
graphs (3) through (10), respectively,
(3) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) No later than 6 days after publication in the Federal
Register of the notice described in paragraph (1), the Secretary
shall decide whether to recommend the imposition of a tem-
porary duty to the President, and if the Secretary decides
to make such a recommendation, the recommendation shall
be forwarded immediately to the President.’’,
(4) in paragraph (5), as redesignated by paragraph (2),
by striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph (4)’’, and
(5) by amending paragraph (9), as redesignated by para-
graph (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 cooperate in providing the
Secretary with timely information and data relating to
the importation of Canadian fresh fruits and vegetables,
and
‘‘(B) importers shall report such information relating
to Canadian fresh fruits and vegetables to the Commis-
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H. R. 3450—49
sioner 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 CONCENTRATED
ORANGE JUICE.
(a) TRIGGER PRICE DETERMINATION.—
(1) IN GENERAL.—The Secretary shall determine—
(A) each period of 5 consecutive business days in which
the daily price for frozen concentrated orange juice is less
than the trigger price; and
(B) for each period determined under subparagraph
(A), the first period occurring thereafter of 5 consecutive
business days in which the daily price for frozen con-
centrated orange juice is greater than the trigger price.
(2) NOTICE
OF
DETERMINATIONS.—The Secretary shall
immediately notify the Commissioner of Customs and publish
notice in the Federal Register of any determination under para-
graph (1), and the date of such publication shall be the deter-
mination date for that determination.
(b) IMPORTS OF MEXICAN ARTICLES.—Whenever after any deter-
mination 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 equivalent) in any
of calendar years 1994 through 2002; or
(2) 340,560,000 liters (single strength equivalent) 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 limita-
tion in paragraph (1) or (2) is reached and before the determination
date for the related determination 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 deter-
mined by the Secretary, for the closest month in which contracts
for frozen concentrated orange juice are being traded on the
Exchange.
(2) The term ‘‘business day’’ means a day in which contracts
for frozen concentrated orange juice are being traded on the
New York Cotton Exchange, or any successor as determined
by the Secretary.
(3) The term ‘‘entered’’ means entered or withdrawn from
warehouse for consumption, in the customs territory of the
United States.
(4) The term ‘‘frozen concentrated orange juice’’ means
all products classifiable under subheading 2009.11.00 of the
HTS.
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H. R. 3450—50
(5) The term ‘‘Secretary’’ means the Secretary of Agri-
culture.
(6) The term ‘‘trigger price’’ means the average daily closing
price of the New York Cotton Exchange, or any successor as
determined by the Secretary, for the corresponding month dur-
ing the previous 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 chap-
ter 1 of title II of the Trade Act of 1974, the International Trade
Commission makes an affirmative determination (or a determina-
tion 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 determination is
submitted to the President) whether—
(1) imports of the article from a NAFTA country, considered
individually, account for a substantial share of total imports;
and
(2) imports of the article from a NAFTA country, considered
individually or, in exceptional circumstances, imports from
NAFTA countries considered collectively, contribute impor-
tantly to the serious injury, or threat thereof, caused by imports.
(b) FACTORS.—
(1) SUBSTANTIAL IMPORT SHARE.—In determining 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.
(2) APPLICATION
OF ‘‘CONTRIBUTE
IMPORTANTLY’’ STAND-
ARD.—In determining whether imports from a NAFTA country
or countries contribute importantly to the serious injury, or
threat thereof, the International Trade Commission shall con-
sider 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 sentence, 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 countries during the
period in which an injurious increase 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 important cause.
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