H. R. 1047—138
Entry number
Date of entry
4601–241–3085738–6
09/08/95
4601–241–3085739–4
09/08/95
4601–241–3085740–2
09/08/95
4601–241–3086662–7
10/05/95
4601–241–3086663–5
10/05/95
4601–241–3087492–8
11/02/95
4601–241–3087499–3
11/02/95
4601–241–3087500–8
11/02/95
4601–241–3087501–6
11/02/95
4601–241–3088399–4
12/01/95
4601–241–3088400–0
12/01/95
4601–241–3088398–6
12/02/95
4601–241–3088770–6
12/15/95
4601–241–3088771–4
12/15/95
4601–241–3088772–2
12/15/95
4601–241–3088773–0
12/15/95
4601–241–1189193–3
12/29/95
4601–241–1189194–1
12/29/95
4601–241–1189195–8
12/29/95
4601–241–1190103–9
01/31/96
4601–241–1190242–5
02/17/96
4601–241–1190741–6
03/07/96
4601–241–1191920–5
04/20/96
4601–241–1191921–3
04/20/96
4601–241–1191922–1
04/20/96
4601–241–1191923–9
04/20/96
SEC. 
1533. 
CERTAIN 
TOMATO 
SAUCE 
PREPARATION 
ENTERED
BETWEEN AUGUST 28, 1991, AND JULY 8, 1996.
(a) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law and
subject to the provisions of subsection (b), the United States Cus-
toms Service shall, not later than 90 days after the receipt of
the request described in subsection (b), liquidate or reliquidate
each entry described in subsection (d) containing any merchandise
which, at the time of the original liquidation, was classified under
subheading 2002.10.00 of the Harmonized Tariff Schedule of the
United States (relating to tomatoes, prepared or preserved) at the
rate of duty that would have been applicable to such merchandise
if the merchandise had been liquidated or reliquidated under sub-
heading 2103.90.60 or 2103.90.90 of the Harmonized Tariff Schedule
of the United States, whichever is applicable, on the date of entry.
(b) REQUESTS.—Reliquidation may be made under subsection
(a) with respect to an entry described in subsection (d) only if
a request therefore is filed with the Customs Service within 90
days after the date of enactment of this Act.
(c) PAYMENT OF AMOUNTS OWED.—Any amounts owed by the
United States pursuant to the liquidation or reliquidation of an
entry under subsection (a) shall be paid not later than 90 days
after the date of such liquidation or reliquidation.
(d) AFFECTED ENTRIES.—The entries referred to in subsection
(a) are as follows:
Entry number
Date of entry
4601–241–3043101–8
08/28/91
4601–237–0046898–8
11/12/91
4601–237–0046899–6
11/12/91
4601–237–0047037–2
11/22/91
4601–237–0047080–2
11/30/91
H. R. 1047—139
Entry number
Date of entry
4601–241–3045837–5
12/03/91
4601–241–3046070–2
12/11/91
4601–241–3046234–4
12/18/91
4601–241–3046903–4
01/17/92
4601–241–1192827–1
05/30/96
4601–241–1192828–9
05/30/96
4601–241–1192829–7
05/30/96
4601–241–1192826–3
05/30/96
4601–241–1193242–2
06/11/96
4601–241–1193243–0
06/11/96
4601–241–1193244–8
06/11/96
4601–241–1193245–5
06/11/96
4601–241–1193246–3
06/11/96
4601–241–1193939–3
07/08/96
4601–241–1193940–1
07/08/96
4601–241–1193942–7
07/08/96
4601–241–1193943–5
07/08/96
SEC. 
1534. 
CERTAIN 
TOMATO 
SAUCE 
PREPARATION 
ENTERED
BETWEEN APRIL 4, 1995, AND JULY 22, 1996.
(a) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law and
subject to the provisions of subsection (b), the United States Cus-
toms Service shall, not later than 90 days after the receipt of
the request described in subsection (b), liquidate or reliquidate
each entry described in subsection (d) containing any merchandise
which, at the time of the original liquidation, was classified under
subheading 2002.10.00 of the Harmonized Tariff Schedule of the
United States (relating to tomatoes, prepared or preserved) at the
rate of duty that would have been applicable to such merchandise
if the merchandise had been liquidated or reliquidated under sub-
heading 2103.90.60 or 2103.90.90 of the Harmonized Tariff Schedule
of the United States, whichever is applicable, on the date of entry.
(b) REQUESTS.—Reliquidation may be made under subsection
(a) with respect to an entry described in subsection (d) with respect
to an entry described in subsection (c) only if a request therefore
is filed with the Customs Service within 90 days after the date
of enactment of this Act.
(c) PAYMENT OF AMOUNTS OWED.—Any amounts owed by the
United States pursuant to the liquidation or reliquidation of an
entry under subsection (a) shall be paid not later than 90 days
after the date of such liquidation or reliquidation.
(d) AFFECTED ENTRIES.—The entries referred to in subsection
(a) are as follows:
Entry number
Date of entry
4601–076–0264618–9
04/04/95
5201–406–0209309–4
04/04/95
4601–076–0143541–0
04/07/95
4601–076–0143550–1
04/10/95
5201–406–0210067–5
04/13/95
4601–076–0143671–5
04/24/95
4601–076–0143667–3
04/25/95
4601–076–0143668–1
04/25/95
4601–076–0143669–9
04/25/95
4601–076–0143670–7
04/25/95
4601–076–0143688–9
04/26/95
4601–076–0143689–7
04/26/95
H. R. 1047—140
Entry number
Date of entry
4601–076–0143737–4
05/01/95
4601–076–0143746–5
05/02/95
4601–076–0143747–3
05/02/95
4601–076–0143748–1
05/02/95
4601–076–0143751–5
05/02/95
4601–076–0143759–8
05/03/95
4601–076–0143791–1
05/08/95
4601–076–0143796–0
05/08/95
4601–076–0143815–8
05/10/95
4601–076–0143819–0
05/10/95
4601–076–0143821–6
05/10/95
4601–076–0143862–0
05/15/95
4601–076–0144059–2
06/06/95
4601–076–0144060–0
06/06/95
4601–076–0144061–8
06/06/95
4601–076–0143916–4
06/19/95
4601–076–0144194–7
06/21/95
4601–076–0144298–6
06/29/95
4601–076–0144366–1
07/07/95
4601–076–0144367–9
07/07/95
4601–076–0144612–8
07/31/95
4601–076–0144626–8
07/31/95
4601–076–0144628–4
07/31/95
4601–076–0144629–2
08/01/95
4601–076–0144681–3
08/04/95
3901–551–3493444–1
08/09/95
4601–076–0144968–4
09/06/95
4601–076–0144969–2
09/06/95
4601–076–0145018–7
09/11/95
4601–076–0145027–8
09/12/95
4601–076–0145023–7
09/13/95
4601–076–0145074–0
09/15/95
4601–076–0145075–7
09/15/95
5201–406–0215201–5
09/15/95
4601–076–0145113–6
09/21/95
4601–076–0145213–4
10/02/95
4601–076–0145215–9
10/03/95
4601–076–0145310–8
10/17/95
4601–076–0145336–3
10/19/95
4601–076–0145370–2
10/24/95
4601–076–0145403–1
10/27/95
4601–076–0145451–0
11/03/95
4601–076–0145487–4
11/07/95
4601–076–0145521–0
11/09/95
4601–076–0145612–7
11/21/95
4601–076–0145711–7
12/01/95
4601–076–0145734–9
12/06/95
4601–076–0145737–2
12/06/95
4601–076–0145763–8
12/07/95
4601–076–0145764–6
12/07/95
4601–076–0146032–7
01/10/96
4601–076–0146033–5
01/10/96
4601–076–0146217–4
02/05/96
4601–076–0146367–7
02/27/96
4601–076–0146464–2
03/11/96
4601–076–0146469–1
03/12/96
4601–076–0146520–1
03/20/96
4601–076–0146562–3
03/26/96
4601–076–0146612–6
04/04/96
4601–076–0146614–2
04/08/96
4601–076–0146683–7
04/15/96
4601–076–0146722–3
04/22/96
H. R. 1047—141
Entry number
Date of entry
4601–076–0146766–0
04/25/96
4601–076–0147059–9
06/04/96
4601–076–0147248–8
07/01/96
4601–076–0147377–5
07/22/96
SEC. 
1535. 
CERTAIN 
TOMATO 
SAUCE 
PREPARATION 
ENTERED
BETWEEN OCTOBER 11, 1994, AND MAY 16, 1995.
(a) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law and
subject to the provisions of subsection (b), the United States Cus-
toms Service shall, not later than 90 days after the receipt of
the request described in subsection (b), liquidate or reliquidate
each entry described in subsection (d) containing any merchandise
which, at the time of the original liquidation, was classified under
subheading 2002.10.00 of the Harmonized Tariff Schedule of the
United States (relating to tomatoes, prepared or preserved) at the
rate of duty that would have been applicable to such merchandise
if the merchandise had been liquidated or reliquidated under sub-
heading 2103.90.60 or 2103.90.90 of the Harmonized Tariff Schedule
of the United States, whichever is applicable, on the date of entry.
(b) REQUESTS.—Reliquidation may be made under subsection
(a) with respect to an entry described in subsection (d) with respect
to an entry described in subsection (c) only if a request therefore
is filed with the Customs Service within 90 days after the date
of enactment of this Act.
(c) PAYMENT OF AMOUNTS OWED.—Any amounts owed by the
United States pursuant to the liquidation or reliquidation of an
entry under subsection (a) shall be paid not later than 90 days
after the date of such liquidation or reliquidation.
(d) AFFECTED ENTRIES.—The entries referred to in subsection
(a) are as follows:
Entry number
Date of entry
0712–112–6947293–9
10/11/94
0712–112–6947294–7
10/14/94
0712–112–6947295–4
10/14/94
0712–112–7277897–5
10/14/94
0712–112–7278028–6
10/14/94
0712–112–7279272–9
11/07/94
0712–112–7292558–4
11/22/94
0712–112–7292647–5
11/22/94
0712–112–7292648–3
11/28/94
0712–112–7293042–8
11/28/94
0712–112–7293140–0
12/06/94
0712–112–7293435–4
12/07/94
0712–112–7293436–2
12/07/94
0712–112–7293515–3
12/07/94
0712–112–7293619–3
12/07/94
0712–112–7293620–1
12/07/94
0712–112–7293521–1
12/13/94
0712–112–7294412–2
12/21/94
0712–112–7294142–5
12/22/94
0712–112–7294143–3
12/22/94
0712–112–7294144–1
12/22/94
0712–112–7295546–6
01/18/95
0712–112–7295994–8
01/27/95
0712–112–7295998–9
01/27/95
0712–112–7296581–2
01/27/95
H. R. 1047—142
Entry number
Date of entry
0712–112–7296677–8
02/01/95
0712–112–7298503–4
03/06/95
0712–112–7324623–8
05/08/95
0712–112–7325069–3
05/16/95
SEC. 
1536. 
CERTAIN 
TOMATO 
SAUCE 
PREPARATION 
ENTERED
BETWEEN JUNE 17, 1991, AND OCTOBER 3, 1991.
(a) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law and
subject to the provisions of subsection (b), the United States Cus-
toms Service shall, not later than 90 days after the receipt of
the request described in subsection (b), liquidate or reliquidate
each entry described in subsection (d) containing any merchandise
which, at the time of the original liquidation, was classified under
subheading 2002.10.00 of the Harmonized Tariff Schedule of the
United States (relating to tomatoes, prepared or preserved) at the
rate of duty that would have been applicable to such merchandise
if the merchandise had been liquidated or reliquidated under sub-
heading 2103.90.60 of the Harmonized Tariff Schedule of the United
States (relating to tomato sauce preparation) on the date of entry.
(b) REQUESTS.—Reliquidation may be made under subsection
(a) with respect to an entry described in subsection (d) only if
a request therefore is filed with the Customs Service within 90
days after the date of enactment of this Act.
(c) PAYMENT OF AMOUNTS OWED.—Any amounts owed by the
United States pursuant to the liquidation or reliquidation of an
entry under subsection (a) shall be paid not later than 90 days
after the date of such liquidation or reliquidation.
(d) AFFECTED ENTRIES.—The entries referred to in subsection
(a) are as follows:
Entry number
Date of entry
72704–442–1186614–8
06/17/91
72704–442–1186615–5
06/17/91
24601–237–0045741–1
06/25/91
24601–237–0045787–4
06/25/91
24601–237–0045740–3
06/25/91
24601–237–0045791–6
06/29/91
24601–237–0045850–0
06/29/91
24601–237–0045852–6
06/29/91
24601–237–0045853–4
06/29/91
24601–237–0045855–9
06/29/91
24601–237–0045856–7
06/29/91
24601–237–0045857–5
06/29/91
24601–237–0045858–3
06/29/91
24601–237–0045851–8
07/01/91
24601–237–0045854–2
07/02/91
24601–237–0045888–0
07/05/91
24601–237–0045945–8
07/13/91
24601–237–0045955–7
07/13/91
24601–237–0045953–2
07/15/91
24601–237–0045954–0
07/15/91
24601–237–0045952–4
07/15/91
24601–237–0046033–2
07/27/91
24601–237–0046055–5
07/27/91
24601–237–0046056–3
07/27/91
24601–237–0046059–7
07/27/91
24601–237–0046061–3
07/27/91
24601–237–0046060–5
07/27/91
H. R. 1047—143
Entry number
Date of entry
24601–237–0046058–9
07/27/91
24601–237–0046054–8
07/27/91
24601–237–0046057–1
07/27/91
24601–237–0046062–1
07/27/91
24601–237–0046196–7
08/10/91
24601–237–0046197–5
08/10/91
24601–237–0046198–3
08/12/91
24601–237–0046194–2
08/12/91
24601–237–0046195–9
08/12/91
24601–237–0046369–0
08/27/91
24601–237–0046420–1
09/07/91
24601–237–0046421–9
09/07/91
24601–237–0046423–5
09/07/91
24601–237–0046424–3
09/07/91
24601–237–0046425–0
09/07/91
24601–237–0046426–8
09/07/91
24601–237–0046427–6
09/07/91
24601–237–0046429–2
09/07/91
10901–551–2401127–5
09/19/91
10901–551–2401128–3
09/19/91
24601–237–0046467–2
09/21/91
10901–551–2401210–9
09/25/91
10901–551–2401400–6
09/30/91
10901–551–2400795–0
10/02/91
10901–551–2400796–8
10/02/91
10901–551–2400797–6
10/02/91
10901–551–2400800–8
10/02/91
10901–551–2400809–9
10/02/91
10901–551–2400810–7
10/02/91
10901–551–2400811–5
10/02/91
10901–551–2401366–9
10/02/91
10901–551–2401364–4
10/02/91
10901–551–1819256–0
10/03/91
CHAPTER 2—MISCELLANEOUS PROVISIONS
SEC. 1551. HAIR CLIPPERS.
(a) IN GENERAL.—Heading 8510 of chapter 85 is amended—
(1) by striking subheading 8510.20.00 and inserting the
following, with the article description for subheading 8510.20
having the same degree of indentation as the article description
for subheading 8510.10.00, and with the article descriptions
for subheadings 8510.20.10 and 8510.20.90 having the same
degree of indentation as the article description for subheading
8510.90.55:
‘‘
8510.20
Hair clippers:
8510.20.10
Hair clippers to be
used for agricultural
or horticultural pur-
poses ............................
4%
Free (A,
CA, E,
IL, J, JO,
MX)
45%
8510.20.90
Other ...........................
4%
Free (A,
CA, E,
IL, J, JO,
MX)
45%
’’;
and
H. R. 1047—144
(2) by striking subheading 8510.90.30 and inserting the
following subheadings and superior text thereto, with such
superior text having the same degree of indentation as the
article description for subheading 8510.90.55:
‘‘
Parts of hair clippers:
8510.90.30
Parts of hair clippers to be used for
agricultural or horticultural pur-
poses ..................................................
4%
Free (A,CA,E,
IL,J,JO,MX)
45%
8510.90.40
Other parts of hair clippers .............
4%
Free (A,CA,E,
IL,J,JO,MX)
45%
’’.
(b) STAGED RATE REDUCTIONS.—Any staged reduction of a rate
of duty proclaimed by the President before the date of the enactment
of this Act, that—
(1) would take effect on or after such date of enactment,
and
(2) would, but for the amendments made by subsection
(a), apply to subheading 8510.20.00 or subheading 8510.90.30
of the Harmonized Tariff Schedule of the United States,
applies to the corresponding rate of duty set forth in subheading
8510.20.10, 8510.20.90, or 8510.90.40 of such Schedule (as added
by subsection (a)).
SEC. 1552. TRACTOR BODY PARTS.
(a) CERTAIN TRACTOR PARTS.—Heading 8708 is amended by
striking subheading 8708.29.20 and inserting the following sub-
headings and superior text thereto, with such superior text having
the same degree of indentation as the article description for sub-
heading 8708.29.15:
‘‘
Body stampings:
8708.29.21
For tractors suitable for agricultural use .......
Free
Free
8708.29.25
Other .................................................................
2.5%
Free (A,
B, CA, E,
IL, J, JO,
MX)
25%
’’.
(b) STAGED RATE REDUCTIONS.—Any staged reduction of a rate
of duty proclaimed by the President before the date of the enactment
of this Act, that—
(1) would take effect on or after such date of enactment,
and
(2) would, but for the amendment made by subsection
(a), apply to subheading 8708.29.20 of the Harmonized Tariff
Schedule of the United States,
applies to the corresponding rate of duty set forth in subheading
8708.29.25 of such Schedule (as added by subsection (a)).
SEC. 1553. FLEXIBLE MAGNETS AND COMPOSITE GOODS CONTAINING
FLEXIBLE MAGNETS.
Heading 8505 is amended—
(1) by striking subheading 8505.19.00 and inserting the
following new subheadings, with the article description for sub-
headings 8505.19.10, 8505.19.20, and 8505.19.30 having the
same degree of indentation as the article description for sub-
heading 8505.11.00:
‘‘
8505.19.10
Flexible magnet ..............................
4.9%
Free (A, CA,
E, IL, J, JO,
MX)
45%
H. R. 1047—145
8505.19.20
Composite goods containing flexi-
ble magnet .......................................
4.9%
Free (A, CA,
E, IL, J, JO,
MX)
45%
8505.19.30
Other ...............................................
4.9%
Free (A, CA,
E, IL, J, MX)
45%
’’.
(b) STAGED RATE REDUCTIONS.—Any staged reduction of a rate
of duty proclaimed by the President before the date of the enactment
of this Act, that—
(1) would take effect on or after such date of enactment,
and
(2) would, but for the amendment made by subsection
(a), apply to subheading 8505.19.00 of the Harmonized Tariff
Schedule of the United States,
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)).
SEC. 1554. VESSEL REPAIR DUTIES.
(a) EXEMPTION.—Section 466(h) of the Tariff Act of 1930 (19
U.S.C. 1466(h)) is amended—
(1) in paragraph (1), by striking the comma at the end
and inserting a semicolon;
(2) in paragraph (2), by striking ‘‘, or’’ at the end and
inserting a semicolon;
(3) in paragraph (3), by striking the period at the end
and inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(4) the cost of equipment, repair parts, and materials
that are installed on a vessel documented under the laws
of the United States and engaged in the foreign or coasting
trade, if the installation is done by members of the regular
crew of such vessel while the vessel is on the high seas.
Declaration and entry shall not be required with respect to the
installation, equipment, parts, and materials described in paragraph
(4).’’.
(b) AMENDMENT TO HTS.—Subchapter XVIII of chapter 98 of
the Harmonized Tariff Schedule of the United States is amended
by striking ‘‘U.S. Note’’ and inserting ‘‘U.S. Notes’’ and by adding
after U.S. note 1 the following new note:
‘‘2. Notwithstanding the provisions of subheadings 9818.00.03
through 9818.00.07, no duty shall apply to the cost of equipment,
repair parts, and materials that are installed in a vessel documented
under the laws of the United States and engaged in the foreign
or coasting trade, if the installation is done by members of the
regular crew of such vessel while the vessel is on the high seas,
and declaration and entry shall not be required with respect to
such installation, equipment, parts, and materials.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
apply to vessel equipment, repair parts, and materials installed
on or after April 25, 2001.
SEC. 1555. DUTY-FREE TREATMENT FOR HAND-KNOTTED OR HAND-
WOVEN CARPETS.
(a) AMENDMENT OF THE TRADE ACT OF 1974.—Section 503(b)
of the Trade Act of 1974 (19 U.S.C. 2463(b)) is amended by adding
at the end the following new paragraph:
‘‘(4) CERTAIN HAND-KNOTTED OR HAND-WOVEN CARPETS.—
Notwithstanding paragraph (1)(A), the President may designate
H. R. 1047—146
as an eligible article or articles under subsection (a) carpets
or rugs which are hand-loomed, hand-woven, hand-hooked,
hand-tufted, or hand-knotted, and classifiable under sub-
heading 
5701.10.16, 
5701.10.40, 
5701.90.10, 
5701.90.20,
5702.10.90, 5702.42.20, 5702.49.10, 5702.51.20, 5702.91.30,
5702.92.00, 5702.99.10, 5703.10.00, 5703.20.10, or 5703.30.00
of the Harmonized Tariff Schedule of the United States.’’.
(b) CONFORMING
AMENDMENT.—Section 503(b)(1)(A) of the
Trade Act of 1974 (19 U.S.C. 2463(b)(1)(A)) is amended by striking
‘‘Textile’’ and inserting ‘‘Except as provided in paragraph (4), tex-
tile’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall apply to any article entered, or withdrawn from
warehouse for consumption, on or after the date on which the
President makes a designation with respect to the article under
section 503(b)(4) of the Trade Act of 1974, as added by subsection
(a).
SEC. 1556. DUTY DRAWBACK FOR CERTAIN ARTICLES.
Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is
amended by adding at the end the following new subsection:
‘‘(y) ARTICLES SHIPPED TO THE UNITED STATES INSULAR POSSES-
SIONS.—Articles described in subsection (j)(1) shall be eligible for
drawback under this section if duty was paid on the merchandise
upon importation into the United States and the person claiming
the drawback demonstrates that the merchandise has entered the
customs territory of the United States Virgin Islands, American
Samoa, Wake Island, Midway Islands, Kingman Reef, Guam,
Canton Island, Enderbury Island, Johnston Island, or Palmyra
Island.’’.
SEC. 1557. UNUSED MERCHANDISE DRAWBACK.
(a) IN GENERAL.—Section 313(j) of the Tariff Act of 1930 (19
U.S.C. 1313(j)) is amended—
(1) in paragraph (1), by striking ‘‘because of its’’ and
inserting ‘‘upon entry or’’; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘because of its’’ and inserting ‘‘upon entry or’’;
and
(B) in the matter following subparagraph (C)(ii)(II)—
(i) by striking ‘‘then upon’’ and inserting ‘‘then,
notwithstanding any other provision of law, upon’’; and
(ii) by striking ‘‘shall be refunded as drawback’’
and inserting ‘‘shall be refunded as drawback under
this subsection’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply to any drawback claim filed on or after that date
and to any drawback entry filed before that date if the liquidation
of the entry is not final on that date.
SEC. 1558. TREATMENT OF CERTAIN FOOTWEAR UNDER CARIBBEAN
BASIN ECONOMIC RECOVERY ACT.
Section 213(b) of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2703(b)) is amended as follows:
(1) By amending paragraph (1)(B) to read as follows:
H. R. 1047—147
‘‘(B) footwear provided for in any of subheadings
6401.10.00, 6401.91.00, 6401.92.90, 6401.99.30, 6401.99.60,
6401.99.90, 6402.30.50, 6402.30.70, 6402.30.80, 6402.91.50,
6402.91.80, 6402.91.90, 6402.99.20, 6402.99.80, 6402.99.90,
6403.59.60, 6403.91.30, 6403.99.60, 6403.99.90, 6404.11.90,
and 6404.19.20 of the HTS that was not designated at
the time of the effective date of this title as eligible articles
for the purpose of the generalized system of preferences
under title V of the Trade Act of 1974;’’.
(2) In paragraph (3)(A)—
(A) in clause (i), by striking ‘‘Subject to clause (ii)’’
and inserting ‘‘Subject to clauses (ii) and (iii)’’; and
(B) by adding at the end the following:
‘‘(iii) CERTAIN FOOTWEAR.—Notwithstanding para-
graph (1)(B) and clause (i) of this subparagraph, foot-
wear provided for in any of subheadings 6403.59.60,
6403.91.30, 6403.99.60, and 6403.99.90 of the HTS
shall be eligible for the duty-free treatment provided
for under this title if—
‘‘(I) the article of footwear is the growth,
product, or manufacture of a CBTPA beneficiary
country; and
‘‘(II) the article otherwise meets the require-
ments of subsection (a), except that in applying
such subsection, ‘CBTPA beneficiary country’ shall
be substituted for ‘beneficiary country’ each place
it appears.’’.
SEC. 1559. DESIGNATION OF SAN ANTONIO INTERNATIONAL AIRPORT
FOR CUSTOMS PROCESSING OF CERTAIN PRIVATE AIR-
CRAFT ARRIVING IN THE UNITED STATES.
(a) IN GENERAL.—Section 1453(a) of the Tariff Suspension and
Trade Act of 2000 is amended by striking ‘‘2-year period’’ and
inserting ‘‘6-year period’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall be effective as of November 9, 2002.
SEC. 1560. AUTHORITY FOR THE ESTABLISHMENT OF INTEGRATED
BORDER INSPECTION AREAS AT THE UNITED STATES-
CANADA BORDER.
(a) FINDINGS.—Congress makes the following findings:
(1) The increased security and safety concerns that devel-
oped in the aftermath of the terrorist attacks in the United
States on September 11, 2001, need to be addressed.
(2) One concern that has come to light is the vulnerability
of the international bridges and tunnels along the United States
borders.
(3) It is necessary to ensure that potentially dangerous
vehicles are inspected prior to crossing these bridges and tun-
nels; however, currently these vehicles are not inspected until
after they have crossed into the United States.
(4) Establishing Integrated Border Inspection Areas (IBIAs)
would address these concerns by inspecting vehicles before
they gained access to the infrastructure of international bridges
and tunnels joining the United States and Canada.
(b) CREATION
OF INTEGRATED BORDER INSPECTION AREAS.—
H. R. 1047—148
(1) IN
GENERAL.—The Commissioner of the Customs
Service, in consultation with the Canadian Customs and Rev-
enue Agency (CCRA), shall seek to establish Integrated Border
Inspection Areas (IBIAs), such as areas on either side of the
United States-Canada border, in which United States Customs
officers can inspect vehicles entering the United States from
Canada before they enter the United States, or Canadian Cus-
toms officers can inspect vehicles entering Canada from the
United States before they enter Canada. Such inspections may
include, where appropriate, employment of reverse inspection
techniques.
(2) ADDITIONAL REQUIREMENT.—The Commissioner of Cus-
toms, in consultation with the Administrator of the General
Services Administration when appropriate, shall seek to carry
out paragraph (1) in a manner that minimizes adverse impacts
on the surrounding community.
(3) ELEMENTS
OF
THE
PROGRAM.—Using the authority
granted by this section and under section 629 of the Tariff
Act of 1930, the Commissioner of Customs, in consultation
with the Canadian Customs and Revenue Agency, shall seek
to—
(A) locate Integrated Border Inspection Areas in areas
with bridges or tunnels with high traffic volume, significant
commercial activity, and that have experienced backups
and delays since September 11, 2001;
(B) ensure that United States Customs officers sta-
tioned in any such IBIA on the Canadian side of the border
are vested with the maximum authority to carry out their
duties and enforce United States law;
(C) ensure that United States Customs officers sta-
tioned in any such IBIA on the Canadian side of the border
shall possess the same immunity that they would possess
if they were stationed in the United States; and
(D) encourage appropriate officials of the United States
to enter into an agreement with Canada permitting
Canadian Customs officers stationed in any such IBIA
on the United States side of the border to enjoy such
immunities as permitted in Canada.
SEC. 1561. DESIGNATION OF FOREIGN LAW ENFORCEMENT OFFICERS.
(a) MISCELLANEOUS PROVISIONS.—Section 401(i) of the Tariff
Act of 1930 (19 U.S.C. 1401(i)) is amended by inserting ‘‘, including
foreign law enforcement officers,’’ after ‘‘or other person’’.
(b) INSPECTIONS AND PRECLEARANCE IN FOREIGN COUNTRIES.—
Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) is amended—
(1) in subsection (a), by inserting ‘‘, or subsequent to their
exit from,’’ after ‘‘prior to their arrival in’’;
(2) in subsection (c)—
(A) by inserting ‘‘or exportation’’ after ‘‘relating to the
importation’’; and
(B) by inserting ‘‘or exit’’ after ‘‘port of entry’’;
(3) by amending subsection (e) to read as follows:
‘‘(e) STATIONING
OF
FOREIGN
CUSTOMS
AND
AGRICULTURE
INSPECTION OFFICERS IN THE UNITED STATES.—The Secretary of
State, in coordination with the Secretary and the Secretary of
Agriculture, may enter into agreements with any foreign country
authorizing the stationing in the United States of customs and
H. R. 1047—149
agriculture inspection officials of that country (if similar privileges
are extended by that country to United States officials) for the
purpose of insuring that persons and merchandise going directly
to that country from the United States, or that have gone directly
from that country to the United States, comply with the customs
and other laws of that country governing the importation or expor-
tation of merchandise. Any foreign customs or agriculture inspection
official stationed in the United States under this subsection may
exercise such functions, perform such duties, and enjoy such privi-
leges and immunities as United States officials may be authorized
to perform or are afforded in that foreign country by treaty, agree-
ment, or law.’’; and
(4) by adding at the end the following:
‘‘(g) PRIVILEGES AND IMMUNITIES.—Any person designated to
perform the duties of an officer of the Customs Service pursuant
to section 401(i) of this Act shall be entitled to the same privileges
and immunities as an officer of the Customs Service with respect
to any actions taken by the designated person in the performance
of such duties.’’.
(c) CONFORMING AMENDMENT.—Section 127 of the Treasury
Department Appropriations Act, 2003, is hereby repealed.
(d) EFFECTIVE DATE.—This section, and the amendments made
by this section, take effect on the date of the enactment of this
Act.
SEC. 1562. AMENDMENTS TO UNITED STATES INSULAR POSSESSION
PROGRAM.
(a) PRODUCTION CERTIFICATES.—Additional U.S. Note 5(h) to
chapter 91 is amended—
(1) by amending subparagraphs (i) and (ii) to read as fol-
lows:
‘‘(i) In the case of each of calendar years 2003 through 2015,
the Secretaries jointly, shall—
‘‘(A) verify—
‘‘(1) the wages paid by each producer to permanent resi-
dents of the insular possessions during the preceding cal-
endar year (including the value of usual and customary
health insurance, life insurance, and pension benefits); and
‘‘(2) the total quantity and value of watches and watch
movements produced in the insular possessions by that
producer and imported free of duty into the customs terri-
tory of the United States; and
‘‘(B) issue to each producer (not later than 60 days after the
end of the preceding calendar year) a certificate for the
applicable amount.
‘‘(ii) For purposes of subparagraph (i), except as provided in subpara-
graphs (iii) and (iv), the term ‘applicable amount’ means an amount
equal to the sum of—
‘‘(A) 90 percent of the producer’s creditable wages (including
the value of usual and customary health insurance, life insur-
ance, and pension benefits) on the assembly during the pre-
ceding calendar year of the first 300,000 units; plus
‘‘(B) the applicable graduated declining percentage (determined
each year by the Secretaries) of the producer’s creditable wages
(including the value of usual and customary health insurance,
life insurance, and pension benefits) on the assembly during
H. R. 1047—150
the preceding calendar year of units in excess of 300,000 but
not in excess of 750,000; plus
‘‘(C) the difference between the duties that would have been
due on each producer’s watches and watch movements
(excluding digital watches and excluding units in excess of
the 750,000 limitation of this subparagraph) imported into the
customs territory of the United States free of duty during
the preceding calendar year if the watches and watch move-
ments had been subject to duty at the rates set forth in column
1 under this chapter that were in effect on January 1, 2001,
and the duties that would have been due on the watches
and watch movements if the watches and watch movements
had been subject to duty at the rates set forth in column
1 under this chapter that were in effect for such preceding
calendar year.’’; and
(2) by amending subparagraph (v) to read as follows:
‘‘(v) Any certificate issued under subparagraph (i) shall entitle the
certificate holder to secure a refund of duties equal to the face
value of the certificate on any articles that are imported into the
customs territory of the United States by the certificate holder.
Such refunds shall be made under regulations issued by the
Treasury Department. Not more than 5 percent of such refunds
may be retained as a reimbursement to the Customs Service for
the administrative costs of making the refunds.’’.
(b) JEWELRY.—Additional U.S. Note 3 to chapter 71 is
amended—
(1) by redesignating paragraphs (b), (c), (d), and (e) as
paragraphs (c), (d), (e), and (f), respectively;
(2) by inserting after paragraph (a) the following new para-
graph:
‘‘(b) Notwithstanding additional U.S. Note 5(h)(ii)(B) to chapter
91, articles of jewelry subject to this note shall be subject to a
limitation of 10,000,000 units.’’; and
(3) by striking paragraph (f), as so redesignated, and
inserting the following:
‘‘(f) Notwithstanding any other provision of law, any article of
jewelry provided for in heading 7113 that is assembled in the
Virgin Islands, Guam, or American Samoa by a jewelry manufac-
turer or jewelry assembler that commenced jewelry manufacturing
or jewelry assembly operations in the Virgin Islands, Guam, or
American Samoa after August 9, 2001, shall be treated as a product
of the Virgin Islands, Guam, or American Samoa for purposes
of this note and General Note 3(a)(iv) of this Schedule if such
article is entered no later than 18 months after such jewelry manu-
facturer or jewelry assembler commenced jewelry manufacturing
or jewelry assembly operations in the Virgin Islands, Guam, or
American Samoa.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to goods imported into the customs territory
of the United States on or after January 1, 2003.
SEC. 1563. MODIFICATION OF PROVISIONS RELATING TO DRAWBACK
CLAIMS.
(a) MERCHANDISE NOT CONFORMING TO SAMPLE OR SPECIFICA-
TIONS.—Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c))
is amended to read as follows:
H. R. 1047—151
‘‘(c) MERCHANDISE NOT CONFORMING TO SAMPLE OR SPECIFICA-
TIONS.—
‘‘(1) CONDITIONS FOR DRAWBACK.—Upon the exportation or
destruction under the supervision of the Customs Service of
articles or merchandise—
‘‘(A) upon which the duties have been paid,
‘‘(B) which has been entered or withdrawn for consump-
tion,
‘‘(C) which is—
‘‘(i) not conforming to sample or specifications,
shipped without the consent of the consignee, or deter-
mined to be defective as of the time of importation,
or
‘‘(ii) ultimately sold at retail by the importer, or
the person who received the merchandise from the
importer under a certificate of delivery, and for any
reason returned to and accepted by the importer, or
the person who received the merchandise from the
importer under a certificate of delivery, and
‘‘(D) which, within 3 years after the date of importation
or withdrawal, as applicable, has been exported or
destroyed under the supervision of the Customs Service,
the full amount of the duties paid upon such merchandise,
less 1 percent, shall be refunded as drawback.
‘‘(2) DESIGNATION
OF
IMPORT
ENTRIES.—For purposes of
paragraph (1)(C)(ii), drawback may be claimed by designating
an entry of merchandise that was imported within 1 year
before the date of exportation or destruction of the merchandise
described in paragraph (1) (A) and (B) under the supervision
of the Customs Service. The merchandise designated for draw-
back must be identified in the import documentation with the
same eight-digit classification number and specific product
identifier (such as part number, SKU, or product code) as
the returned merchandise.
‘‘(3) WHEN DRAWBACK CERTIFICATES NOT REQUIRED.—For
purposes of this subsection, drawback certificates are not
required if the drawback claimant and the importer are the
same party, or if the drawback claimant is a drawback successor
to the importer as defined in subsection (s)(3).’’.
(b) TIME LIMITATION ON EXPORTATION OR
DESTRUCTION.—Sec-
tion 313(i) of the Tariff Act of 1930 (19 U.S.C. 1313(i)), is amended—
(1) by striking ‘‘No’’ and inserting ‘‘Unless otherwise pro-
vided for in this section, no’’; and
(2) by inserting ‘‘, or destroyed under the supervision of
the Customs Service,’’ after ‘‘exported’’.
(c) USE OF DOMESTIC MERCHANDISE ACQUIRED IN EXCHANGE
FOR IMPORTED MERCHANDISE OF SAME KIND AND QUALITY.—Section
313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)), is amended—
(1) by striking ‘‘(k)’’ and inserting ‘‘(k)(1)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) For purposes of subsections (a) and (b), the use of any
domestic merchandise acquired in exchange for a drawback product
of the same kind and quality shall be treated as the use of such
drawback product if no certificate of delivery or certificate of manu-
facture and delivery pertaining to such drawback product is issued,
other than that which documents the product’s manufacture and
delivery. As used in this paragraph, the term ‘drawback product’
H. R. 1047—152
means any domestically produced product, manufactured with
imported merchandise or any other merchandise (whether imported
or domestic) of the same kind and quality, that is subject to draw-
back.’’.
(d) PACKAGING MATERIAL.—Section 313(q) of the Tariff Act
of 1930 (19 U.S.C. 1313(q)), is amended to read as follows:
‘‘(q) PACKAGING MATERIAL.—
‘‘(1) PACKAGING MATERIAL UNDER SUBSECTIONS (c) AND (j).—
Packaging material, whether imported and duty paid, and
claimed for drawback under either subsection (c) or (j)(1), or
imported and duty paid, or substituted, and claimed for draw-
back under subsection (j)(2), shall be eligible for drawback,
upon exportation, of 99 percent of any duty, tax, or fee imposed
under Federal law on such imported material.
‘‘(2) PACKAGING
MATERIAL
UNDER
SUBSECTIONS (a) AND
(b).—Packaging material that is manufactured or produced
under subsection (a) or (b) shall be eligible for drawback, upon
exportation, of 99 percent of any duty, tax, or fee imposed
under Federal law on the imported or substituted merchandise
used to manufacture or produce such material.
‘‘(3) CONTENTS.—Packaging material described in para-
graphs (1) and (2) shall be eligible for drawback whether or
not they contain articles or merchandise, and whether or not
any articles or merchandise they contain are eligible for draw-
back.
‘‘(4) EMPLOYING PACKAGING MATERIAL FOR ITS INTENDED
PURPOSE PRIOR TO EXPORTATION.—The use of any packaging
material for its intended purpose prior to exportation shall
not be treated as a use of such material prior to exportation
for purposes of applying subsection (a), (b), or (c), or paragraph
(1)(B) or (2)(C)(i) of subsection (j).’’.
(e) LIMITATION ON LIQUIDATION.—Section 504 of the Tariff Act
of 1930 (19 U.S.C. 1504) is amended—
(1) by striking subsections (a) and (b) and inserting the
following:
‘‘(a) LIQUIDATION.—
‘‘(1) ENTRIES FOR CONSUMPTION.—Unless an entry of mer-
chandise for consumption is extended under subsection (b) of
this section or suspended as required by statute or court order,
except as provided in section 751(a)(3), an entry of merchandise
for consumption not liquidated within 1 year from—
‘‘(A) the date of entry of such merchandise,
‘‘(B) the date of the final withdrawal of all such mer-
chandise covered by a warehouse entry,
‘‘(C) the date of withdrawal from warehouse of such
merchandise for consumption if, pursuant to regulations
issued under section 505(a), duties may be deposited after
the filing of any entry or withdrawal from warehouse,
or
‘‘(D) if a reconciliation is filed, or should have been
filed, the date of the filing under section 484 or the date
the reconciliation should have been filed,
shall be deemed liquidated at the rate of duty, value, quantity,
and amount of duties asserted at the time of entry by the
importer of record. Notwithstanding section 500(e), notice of
liquidation need not be given of an entry deemed liquidated.
‘‘(2) ENTRIES OR CLAIMS FOR DRAWBACK.—
H. R. 1047—153
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) or (C), unless an entry or claim for drawback is
extended under subsection (b) or suspended as required
by statute or court order, an entry or claim for drawback
not liquidated within 1 year from the date of entry or
claim shall be deemed liquidated at the drawback amount
asserted by the claimant at the time of entry or claim.
Notwithstanding section 500(e), notice of liquidation need
not be given of an entry deemed liquidated.
‘‘(B) UNLIQUIDATED IMPORTS.—An entry or claim for
drawback whose designated or identified import entries
have not been liquidated and become final within the 1-
year period described in subparagraph (A), or within the
1-year period described in subparagraph (C), shall be
deemed liquidated upon the deposit of estimated duties
on the unliquidated imported merchandise, and upon the
filing with the Customs Service of a written request for
the liquidation of the drawback entry or claim. Such a
request must include a waiver of any right to payment
or refund under other provisions of law. The Secretary
of the Treasury shall prescribe any necessary regulations
for the purpose of administering this subparagraph.
‘‘(C) EXCEPTION.—An entry or claim for drawback filed
before the date of the enactment of this paragraph, the
liquidation of which is not final as of the date of the
enactment of this paragraph, shall be deemed liquidated
on the date that is 1 year after the date of the enactment
of this paragraph at the drawback amount asserted by
the claimant at the time of the entry or claim.
‘‘(3) PAYMENTS OR REFUNDS.—Payment or refund of duties
owed pursuant to paragraph (1) or (2) shall be made to the
importer of record or drawback claimant, as the case may
be, not later than 90 days after liquidation.
‘‘(b) EXTENSION.—The Secretary of the Treasury may extend
the period in which to liquidate an entry if—
‘‘(1) the information needed for the proper appraisement
or classification of the imported or withdrawn merchandise,
or for determining the correct drawback amount, or for ensuring
compliance with applicable law, is not available to the Customs
Service; or
‘‘(2) the importer of record or drawback claimant, as the
case may be, requests such extension and shows good cause
therefor.
The Secretary shall give notice of an extension under this subsection
to the importer of record or drawback claimant, as the case may
be, and the surety of such importer of record or drawback claimant.
Notice shall be in such form and manner (which may include
electronic transmittal) as the Secretary shall by regulation pre-
scribe. Any entry the liquidation of which is extended under this
subsection shall be treated as having been liquidated at the rate
of duty, value, quantity, and amount of duty asserted at the time
of entry by the importer of record, or the drawback amount asserted
at the time of entry by the drawback claimant, at the expiration
of 4 years from the applicable date specified in subsection (a).’’;
(2) in subsection (c)—
(A) by inserting ‘‘or drawback claimant, as the case
may be,’’ after ‘‘to the importer of record’’; and
H. R. 1047—154
(B) by inserting ‘‘or drawback claimant’’ after ‘‘of such
importer of record’’; and
(3) in subsection (d), by striking the period at the end
and inserting ‘‘or (in the case of a drawback entry or claim)
at the drawback amount asserted at the time of entry by
the drawback claimant.’’.
(f) PENALTIES FOR FALSE DRAWBACK CLAIMS.—Section 593A(h)
of the Tariff Act of 1930 (19 U.S.C. 1593a(h)) is amended by striking
‘‘subsection (g)’’ and inserting ‘‘subsections (c) and (g)’’.
(g) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by subsections
(a), (b), (c), (d), and (f) shall take effect on the date of the
enactment of this Act, and shall apply to—
(A) any drawback entry filed on and after such date
of enactment; and
(B) any drawback entry filed before such date of enact-
ment if the liquidation of the entry is not final on such
date of enactment.
(2) SUBSECTION (e).—The amendments made by subsection
(e) shall take effect on the date of the enactment of this Act,
and shall apply to—
(A) any entry of merchandise for consumption or entry
or claim for drawback filed on and after such date of
enactment; and
(B) any entry or claim for drawback filed before such
date of enactment if the liquidation of the entry or claim
is not final on such date of enactment.
Subtitle C—Effective Date
SEC. 1571. EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments
made by this title shall apply with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the 15th
day after the date of the enactment of this Act.
TITLE II—OTHER TRADE PROVISIONS
Subtitle A—Miscellaneous Provisions
SEC. 2001. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE
ACT OF 1974 TO ARMENIA.
(a) FINDINGS.—Congress makes the following findings:
(1) Armenia has been found to be in full compliance with
the freedom of emigration requirements under title IV of the
Trade Act of 1974.
(2) Armenia acceded to the World Trade Organization on
February 5, 2003.
(3) Since declaring its independence from the Soviet Union
in 1991, Armenia has made considerable progress in enacting
free-market reforms.
(4) Armenia has demonstrated a strong desire to build
a friendly and cooperative relationship with the United States
and has concluded many bilateral treaties and agreements with
the United States.
H. R. 1047—155
(5) Total United States-Armenia bilateral trade for 2002
amounted to more than $134,200,000.
(b) PRESIDENTIAL DETERMINATIONS AND EXTENSIONS OF NON-
DISCRIMINATORY TREATMENT.—Notwithstanding 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
Armenia; and
(2) after making a determination under paragraph (1) with
respect to Armenia, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products
of that country.
(c) TERMINATION OF APPLICATION OF TITLE IV.—On and after
the effective date of the extension under subsection (b)(2) of non-
discriminatory treatment to the products of Armenia, title IV of
the Trade Act of 1974 shall cease to apply to that country.
SEC. 2002. MODIFICATION TO CELLAR TREATMENT OF NATURAL WINE.
(a) IN GENERAL.—Subsection (a) of section 5382 of the Internal
Revenue Code of 1986 (relating to cellar treatment of natural wine)
is amended to read as follows:
‘‘(a) PROPER CELLAR TREATMENT.—
‘‘(1) IN GENERAL.—Proper cellar treatment of natural wine
constitutes—
‘‘(A) subject to paragraph (2), those practices and proce-
dures in the United States, whether historical or newly
developed, of using various methods and materials to sta-
bilize the wine, or the fruit juice from which it is made,
so as to produce a finished product acceptable in good
commercial practice in accordance with regulations pre-
scribed by the Secretary; and
‘‘(B) subject to paragraph (3), in the case of wine pro-
duced and imported subject to an international agreement
or treaty, those practices and procedures acceptable to the
United States under such agreement or treaty.
‘‘(2) RECOGNITION OF CONTINUING TREATMENT.—For pur-
poses of paragraph (1)(A), where a particular treatment has
been used in customary commercial practice in the United
States, it shall continue to be recognized as a proper cellar
treatment in the absence of regulations prescribed by the Sec-
retary finding such treatment not to be proper cellar treatment
within the meaning of this subsection.
‘‘(3) CERTIFICATION
OF
PRACTICES
AND
PROCEDURES
FOR
IMPORTED WINE.—
‘‘(A) IN GENERAL.—In the case of imported wine pro-
duced after December 31, 2004, the Secretary shall accept
the practices and procedures used to produce such wine,
if, at the time of importation—
‘‘(i) the Secretary has on file or is provided with
a certification from the government of the producing
country, accompanied by an affirmed laboratory anal-
ysis, that the practices and procedures used to produce
the wine constitute proper cellar treatment under para-
graph (1)(A),
‘‘(ii) the Secretary has on file or is provided with
such certification, if any, as may be required by an
H. R. 1047—156
international agreement or treaty under paragraph
(1)(B), or
‘‘(iii) in the case of an importer that owns or con-
trols or that has an affiliate that owns or controls
a winery operating under a basic permit issued by
the Secretary, the importer certifies that the practices
and procedures used to produce the wine constitute
proper cellar treatment under paragraph (1)(A).
‘‘(B) AFFILIATE DEFINED.—For purposes of this para-
graph, the term ‘affiliate’ has the meaning given such term
by section 117(a)(4) of the Federal Alcohol Administration
Act (27 U.S.C. 211(a)(4)) and includes a winery’s parent
or subsidiary or any other entity in which the winery’s
parent or subsidiary has an ownership interest.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on January 1, 2005.
SEC. 2003. ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT
UNDER THE ANDEAN TRADE PREFERENCE ACT.
(a) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 or any other provision of law, and subject to subsection
(c)—
(1) with respect to any article described in section
204(b)(1)(D) of the Andean Trade Preference Act (as amended
by section 3103(a)(2) of the Trade Act of 2002) for which the
President proclaims duty free treatment pursuant to section
204(b)(1) of the Andean Trade Preference Act, the entry of
any such article on or after August 6, 2002, and before the
date on which the President so proclaims duty free treatment
for such article shall be subject to the rate of duty applicable
on August 5, 2002; and
(2) such entries shall be liquidated or reliquidated as if
the reduced duty preferential treatment applied, and the Sec-
retary of the Treasury shall refund any excess duties paid
with respect to such entry.
(b) ENTRY.—As used in this subsection, the term ‘‘entry’’
includes a withdrawal from warehouse for consumption.
(c) REQUESTS.—Liquidation or reliquidation may be made under
paragraph (1) 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, and such request contains sufficient
information to enable the Customs Service—
(1) to locate the entry; or
(2) to reconstruct the entry if it cannot be located.
SEC. 2004. TECHNICAL AMENDMENTS.
(a) TRADE ACT of 2002.—(1) Section 2(a)(4) of the Trade Act
of 2002 is amended by striking ‘‘and Other Provisions’’.
(2) The table of contents of the Trade Act of 2002 is amended—
(A) in the item relating to section 342, by striking ‘‘customs
service’’ and inserting ‘‘Customs Service’’; and
(B) by amending the item relating to section 3107 to read
as follows:
‘‘3107. Trade benefits under the Caribbean Basin Economic Recovery Act.’’.
(3) The amendment made by section 111(b) of the Trade Act
of 2002 shall be deemed never to have been enacted.
H. R. 1047—157
(4) Section 221(a)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2271(a)(2)(A)) is amended by striking ‘‘assistance, and appropriate’’
and inserting ‘‘assistance and appropriate’’.
(5) Section 222(b) of the Trade Act of 1974 (19 U.S.C. 2272(b))
is amended—
(A) by striking the subsection heading and inserting the
following: ‘‘ADVERSELY AFFECTED SECONDARY WORKERS’’; and
(B) in the matter preceding paragraph (1), by inserting
‘‘pursuant to a petition filed under section 221’’ after ‘‘under
this chapter’’.
(6) Section 238(b)(1) of the Trade Act of 1974 is amended
by striking ‘‘Secretary,’’ and inserting ‘‘Secretary)’’.
(7) Section 246 of the Trade Act of 1974 is amended—
(A) in subsection (a)(3)(B)(iii), by striking ‘‘and’’ after the
semicolon;
(B) in subsection (a)(5), by striking ‘‘section 238(a)(2)(B)’’
and inserting ‘‘paragraph (2)(B)’’; and
(C) in subsection (b)(2), by striking ‘‘provided that’’ and
inserting ‘‘if’’.
(8) The table of contents of the Trade Act of 1974 is amended
by striking
‘‘Sec. 246. Supplemental wage allowances demonstration projects.’’.
(9) Section 296 of the Trade Act of 1974 is amended—
(A) in subsection (a)(1)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘‘trade adjustment allowance’’ and
inserting ‘‘adjustment assistance under this chapter’’;
and
(II) by striking ‘‘such allowance’’ and inserting
‘‘such assistance’’; and
(ii) in subparagraph (A), by striking ‘‘subsection (a)’’
and inserting ‘‘this subsection’’; and
(B) in subsection (b)(2), by striking ‘‘paragraph (1) except’’
and inserting ‘‘paragraph (1), except’’.
(10) Section 141(b) of the Trade Act of 2002 is amended by
striking ‘‘title’’ and inserting ‘‘subtitle’’.
(11) Section 142 of the Trade Act of 2002 is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘284(a)’’ and ‘‘2395(a)’’ and inserting
‘‘284’’ and ‘‘2395’’, respectively; and
(ii) in subparagraph (A), by inserting ‘‘in subsection
(a),’’ after ‘‘(A)’’; and
(B) in subsection (b), by striking ‘‘, as amended by subpara-
graph (A),’’.
(12) Section 583(c)(1) of the Tariff Act of 1930 (19 U.S.C.
1583(c)(1)) is amended by moving the matter preceding subpara-
graph (A) and subparagraphs (A) through (K) 2 ems to the right.
(13) Section 371(b) of the Trade Act of 2002 is amended by
striking ‘‘1330(e)(2)’’ and inserting ‘‘1330(e)’’.
(14) Section 336 of the Trade Act of 2002 is amended to read
as follows:
‘‘SEC. 336. STUDY AND REPORT RELATING TO CUSTOMS USER FEES.
‘‘(a) STUDY.—The Comptroller General shall conduct a study
on the extent to which the amount of each customs user fee imposed
H. R. 1047—158
under section 13031(a) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(a)) approximates the cost
of services provided by the Customs Service relating to the fee
so imposed.
‘‘(b) REPORT.—Not later than 180 days after the date of the
enactment of the Miscellaneous Trade and Technical Corrections
Act of 2004, the Comptroller General shall submit to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report containing—
‘‘(1) the results of the study conducted under subsection
(a); and
‘‘(2) recommendations for the appropriate amount of the
customs user fees if such results indicate that the fees are
not commensurate with the level of services provided by the
Customs Service.
Notwithstanding any other provision of law, the report or its con-
tents may only be disclosed by the Comptroller General to the
committees or Members of Congress and the Customs Service and
shall not be disclosed to the public.’’.
(15) Section 141(b)(2) of the Trade Act of 1974 (19 U.S.C.
2171(b)(2)) is amended by moving the paragraph 2 ems to the
left.
(16) Section 2102(c) of the Trade Act of 2002 is amended—
(A) in paragraph (8), by striking ‘‘this Act’’ and inserting
‘‘this title’’; and
(B) in paragraph (12), by striking ‘‘government engaged’’
and inserting ‘‘government is engaged’’.
(17) Section 2103 of the Trade Act of 2002 is amended—
(A) in subsection (a)(1)(A), by striking ‘‘June 1’’ each place
it appears and inserting ‘‘July 1’’;
(B) in subsection (b)(1)(C), by striking ‘‘June 1’’ each place
it appears and inserting ‘‘July 1’’ and
(C) in subsection (c)—
(i) in paragraph (1)(B)(ii), by striking ‘‘June 1’’ and
inserting ‘‘July 1’’;
(ii) in paragraph (2), by striking ‘‘March 1’’ and
inserting ‘‘April 1’’; and
(iii) in paragraph (3), by striking ‘‘May 1’’ each place
it appears and inserting ‘‘June 1’’.
(18) Section 2105(c) of the Trade Act of 2002 is amended by
striking ‘‘aand’’ and inserting ‘‘and’’.
(19) Section 2113 of the Trade Act of 2002 is amended—
(A) in the first paragraph designated ‘‘(2)’’, by striking
‘‘101(d)(12)’’ and ‘‘3511(d)(12)’’ and inserting ‘‘101(d)(13)’’ and
‘‘3511(d)(13)’’, respectively; and
(B) in the second paragraph designated ‘‘(2)’’—
(i) by redesignating such paragraph as paragraph (3);
and
(ii) by striking ‘‘101(d)(13)’’ and ‘‘3511(d)(13)’’ and
inserting ‘‘101(d)(12)’’ and ‘‘3511(d)(12)’’, respectively.
(20) Section 4101(b)(1) of the Trade Act of 2002 is amended—
(A) in the matter preceding subparagraph (A), by striking
‘‘entry—’’ and inserting ‘‘entry of any article—’’; and
(B) in subparagraph (A), by striking ‘‘of any article’’.
(21) Section 151(a) of the Trade Act of 2002 is amended by
striking ‘‘and 141(b)’’ and inserting ‘‘, 141(b), 201(d), and 202(e)’’.
H. R. 1047—159
(22) Paragraph (4) of section 6103(p) of the Internal Revenue
Code of 1986, as amended by section 202(b)(2)(B) of the Trade
Act of 2002 (Public Law 107–210; 116 Stat. 961), is amended by
striking ‘‘or (17)’’ after ‘‘any other person described in subsection
(l)(16)’’ each place it appears and inserting ‘‘or (18)’’.
(b) APPAREL ARTICLES UNDER CARIBBEAN BASIN ECONOMIC
RECOVERY ACT.—(1) Section 213(b)(2)(A) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)) is amended—
(A) in clause (i), by striking ‘‘(including’’ and inserting
‘‘or both (including’’;
(B) in clause (v), by striking ‘‘, from fabrics or yarn that
is not formed in the United States or in one or more CBTPA
beneficiary countries’’; and
(C) in clause (vii)(IV), by striking ‘‘(i) or (ii)’’ and inserting
‘‘(i), (ii), or (ix)’’.
(2) Section 3107(a)(1)(B) of the Trade Act of 2002 is amended
by striking ‘‘(B) by adding at the end the following:’’ and inserting
‘‘(B) by amending the last two sentences to read as follows:’’.
(c) TARIFF ACT OF 1930.—Section 505(a) of the Tariff Act of
1930 is amended—
(1) in the first sentence—
(A) by inserting ‘‘referred to in this subsection’’ after
‘‘periodic payment’’; and
(B) by striking ‘‘10 working days’’ and inserting ‘‘12
working days’’; and
(2) in the second sentence, by striking ‘‘a participating’’
and all that follows through the end of the sentence and
inserting the following: ‘‘the Secretary shall promulgate regula-
tions, after testing the module, permitting a participating
importer of record to deposit estimated duties and fees for
entries of merchandise, other than merchandise entered for
warehouse, transportation, or under bond, no later than the
15 working days following the month in which the merchandise
is entered or released, whichever comes first.’’.
(d) ADDITIONAL TECHNICAL AMENDMENTS.—(1) The second and
third U.S. notes 6 to subchapter XVII 14 of chapter 98 of the
Harmonized Tariff Schedule of the United States (as added by
sections 1433(b) and 1456(b) of the Tariff Suspension and Trade
Act of 2000, respectively) are redesignated as U.S. notes 7 and
8 to subchapter XVII of such chapter 98, respectively.
(2) U.S. notes 4 and 12 to subchapter II of chapter 99 of
the Harmonized Tariff Schedule of the United States are hereby
repealed.
(3) Section 421(b) of the Trade Act of 1974 (19 U.S.C. 2451(b))
is amended by striking ‘‘subtitle’’ each place it appears and inserting
‘‘chapter’’.
(4) Section 422(j) of the Trade Act of 1974 (19 U.S.C. 2451a(j))
is amended by striking ‘‘(1)’’.
(5) Section 337(a) of the Tariff Act of 1930 (19 U.S.C. 1337)
is amended—
(A) in paragraph (1), by aligning the text of subparagraph
(E) with the text of subparagraph (D); and
(B) in paragraph (2), by striking ‘‘and (D)’’ and inserting
‘‘(D), and (E)’’.
(6) Section 313(n)(1)(B) of the Tariff Act of 1930 (19 U.S.C.
1313(n)(1)(B)) is amended by adding a semicolon after ‘‘Act’’.
H. R. 1047—160
(7) Section 202(d)(1) of the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note) is amended
by striking ‘‘subsection (a)(2)’’ and inserting ‘‘subsection (a)(1)(B)’’.
(8)(A) Subheading 9804.00.70 of the Harmonized Tariff
Schedule of the United States is amended in the article description
column—
(i) by striking ‘‘$1200’’ and inserting ‘‘$1600’’;
(ii) by striking ‘‘$400’’ and inserting ‘‘$800’’; and
(iii) by striking ‘‘or up to $600 of which have been acquired
in one or more beneficiary countries’’.
(B) Subheading 9804.00.72 of the Harmonized Tariff Schedule
of the United States is amended in the article description column—
(i) by striking ‘‘$600’’ and inserting ‘‘$800’’; and
(ii) by striking ‘‘not more than $400 of which shall have
been acquired elsewhere than in beneficiary countries’’.
(e) UNITED STATES VESSELS.—Section 204(b)(4)(B)(i) of the
Andean Trade Preference Act is amended to read as follows:
‘‘(i) UNITED
STATES
VESSEL.—A ‘United States
vessel’ is—
‘‘(I) a vessel that has a certificate of docu-
mentation with a fishery endorsement under
chapter 121 of title 46, United States Code; or
‘‘(II) in the case of a vessel without a fishery
endorsement, a vessel that is documented under
the laws of the United States and for which a
license has been issued pursuant to section 9 of
the South Pacific Tuna Act of 1988 (16 U.S.C.
973g).’’.
(f) CUSTOMS USER FEES.—(1) Section 13031(b)(9)(A) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(b)(9)(A)) is amended by striking ‘‘less than $2,000’’ and inserting
‘‘$2,000 or less’’.
(2) Section 13031(b)(9)(A)(ii) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)(ii)) is
amended to read as follows:
‘‘(ii) Notwithstanding subsection (e)(6) and subject to the
provisions of subparagraph (B), in the case of an express
consignment carrier facility or centralized hub facility—
‘‘(I) $.66 per individual airway bill or bill of lading;
and
‘‘(II) if the merchandise is formally entered, the fee
provided for in subsection (a)(9), if applicable.’’.
(3) Section 13031(b)(9)(B) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(B)) is amended—
(A) by moving the margins for subparagraph (B) 4 ems
to the left; and
(B) in clause (ii), by striking ‘‘subparagraph (A)(ii)’’ and
inserting ‘‘subparagraph (A)(ii) (I) or (II)’’.
(4) Section 13031(f)(1)(B) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(1)(B)) is amended by
moving the subparagraph 2 ems to the left.
(g) ENTRIES OF CERTAIN APPAREL ARTICLES PURSUANT TO THE
CARIBBEAN BASIN ECONOMIC RECOVERY ACT.—
(1) IN GENERAL.—Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law,
the Customs Service shall liquidate or reliquidate as free of
duty and free of any quantitative restrictions, limitations, or
H. R. 1047—161
consultation levels entries of articles described in paragraph
(4) made on or after October 1, 2000.
(2) REQUESTS.—Liquidation or reliquidation may be made
under paragraph (1) with respect to an entry described in
paragraph (4) only if a request therefor is filed with the Cus-
toms Service within 90 days after the date of the enactment
of this Act and the request contains sufficient information
to enable the Customs Service to locate the entry or reconstruct
the entry if it cannot be located.
(3) PAYMENT OF AMOUNTS OWED.—Any amounts owed by
the United States pursuant to the liquidation or reliquidation
of any entry under paragraph (1) shall be paid not later than
180 days after the date of such liquidation or reliquidation.
(4) ENTRIES.—The entries referred to in paragraph (1) are
entries of apparel articles (other than socks provided for in
heading 6115 of the Harmonized Tariff Schedule of the United
States) that meet the requirements of section 213(b)(2)(A) of
the Caribbean Basin Economic Recovery Act (as amended by
section 3107(a) of the Trade Act of 2002 and subsection (b)
of this section).
(h) LABELING REQUIREMENTS.—
(1) IN GENERAL.—Section 4 of the Textile Fiber Products
Identification Act (15 U.S.C. 70b) is amended by adding at
the end the following new subsection:
‘‘(k) MARKING OF CERTAIN SOCK PRODUCTS.—
‘‘(1) Notwithstanding any other provision of law, socks pro-
vided for in subheading 6115.92.90, 6115.93.90, 6115.99.18,
6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff
Schedule of the United States, as in effect on September 1,
2003, shall be marked as legibly, indelibly, and permanently
as the nature of the article or package will permit in such
a manner as to indicate to the ultimate consumer in the United
States the English name of the country of origin of the article.
The marking required by this subsection shall be on the front
of the package, adjacent to the size designation of the product,
and shall be set forth in such a manner as to be clearly
legible, conspicuous, and readily accessible to the ultimate con-
sumer.
‘‘(2) EXCEPTIONS.—Any package that contains several dif-
ferent types of goods and includes socks classified under sub-
heading 
6115.92.90, 
6115.93.90, 
6115.99.18, 
6111.20.60,
6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule
of the United States, as in effect on September 1, 2003, shall
not be subject to the requirements of paragraph (1).’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on the date that is 15 months after the
date of enactment of this Act, and on and after the date that
is 15 months after such date of enactment, any provision of
part 303 of title 16, Code of Federal Regulations, that is incon-
sistent with such amendment shall not apply.
(i) EXTENSION OF INDUSTRY TRADE ADVISORY COMMITTEES.—
(1) IN GENERAL.—Section 135(f)(2) of the Trade Act of 1974
(19 U.S.C. 2155(f)(2)) is amended to read as follows:
‘‘(2) to all other advisory committees which may be estab-
lished under subsection (c) of this section, except that—
‘‘(A) the meetings of advisory committees established
under subsections (b) and (c) of this section shall be exempt
H. R. 1047—162
from the requirements of subsections (a) and (b) of sections
10 and 11 of the Federal Advisory Committee Act (relating
to open meetings, public notice, public participation, and
public availability of documents), whenever and to the
extent it is determined by the President or the President’s
designee that such meetings will be concerned with matters
the disclosure of which would seriously compromise the
development by the United States Government of trade
policy, priorities, negotiating objectives, or bargaining posi-
tions with respect to matters referred to in subsection
(a) of this section, and that meetings may be called of
such special task forces, plenary meetings of chairmen,
or other such groups made up of members of the committees
established under subsections (b) and (c) of this section;
and
‘‘(B) notwithstanding subsection (a)(2) of section 14
of the Federal Advisory Committee Act, any committee
established under subsection (b) or (c) may, in the discre-
tion of the President or the President’s designee, terminate
not later than the expiration of the 4-year period beginning
on the date of their establishment.’’.
(2) CONFORMING
AMENDMENT.—Section 135(b)(1) of the
Trade Act of 1974 (19 U.S.C. 2155(b)(1)) is amended by striking
‘‘2 years’’ and inserting ‘‘4 years or until the committee is
scheduled to expire’’.
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on February 1, 2006.
(j) RETROACTIVITY FOR CERTAIN AGOA PROVISIONS.—
(1) IN GENERAL.—Section 8(d) of the AGOA Acceleration
Act of 2004 (Public Law 108–274) is amended by striking ‘‘sec-
tion 112(b)’’ and inserting ‘‘section 112’’.
(2) APPLICABILITY.—
(A) IN GENERAL.—The amendment made by paragraph
(1) shall take effect as if included in the enactment of
section 8 of the AGOA Acceleration Act of 2004.
(B) REQUESTS FOR RETROACTIVE APPLICATION.—Section
8(b) of the AGOA Acceleration Act of 2004 shall be applied
with respect to the amendment made by paragraph (1)
by substituting ‘‘90 days after the date of the enactment
of the Miscellaneous Trade and Technical Corrections Act
of 2004’’ for ‘‘90 days after the date of the enactment
of this Act’’.
(k) MAURITIUS.—
(1) IN GENERAL.—Section 112(b)(3)(B) of the African Growth
and Opportunity Act (19 U.S.C. 3271(b)(3)(B)) is amended by
adding at the end the following new clause:
‘‘(iv) SEPARATE
LIMITATION
FOR
MAURITIUS.—For
the 1-year period beginning October 1, 2004—
‘‘(I) the term ‘lesser developed beneficiary sub-
Saharan African country’ includes Mauritius; and
‘‘(II) the applicable percentage with respect
to Mauritius shall be 5 percent of the applicable
percentage described in clause (ii)(II).’’.
(2) RETROACTIVE
APPLICATION.—Notwithstanding section
514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law, upon proper request filed with the Bureau
of Customs and Border Protection before the 90th day after
H. R. 1047—163
the date of the enactment of this Act, any entry, or withdrawal
from warehouse for consumption, of any good—
(A) that was made on or after October 1, 2004, and
before the date of the enactment of this Act, and
(B) with respect to which there would have been no
duty if the amendment made by this subsection applied
to such entry or withdrawal,
shall be liquidated or reliquidated as if such amendment applied
to such entry or withdrawal.
SEC. 2005. EXTENSION OF NORMAL TRADE RELATIONS TO LAOS.
(a) FINDINGS.—Congress finds that—
(1) the Lao People’s Democratic Republic is pursuing a
broad policy of adopting market-based reforms to enhance its
economic competitiveness and achieve an attractive climate
for investment;
(2) extension of normal trade relations treatment would
assist the Lao People’s Democratic Republic in developing its
economy based on free market principles and becoming competi-
tive in the global marketplace;
(3) establishing normal commercial relations on a reciprocal
basis with the Lao People’s Democratic Republic will promote
United States exports to the rapidly growing southeast Asian
region and expand opportunities for United States business
and investment in the Lao People’s Democratic Republic
economy;
(4) United States and Laotian commercial interests would
benefit from the bilateral trade agreement between the United
States and the Lao People’s Democratic Republic, signed in
2003, providing for market access and the protection of intellec-
tual property rights;
(5) the Lao People’s Democratic Republic has taken coopera-
tive steps with the United States in the global war on terrorism,
combating the trafficking of narcotics, and the accounting for
American servicemen and civilians still missing from the
Vietnam war; and
(6) expanding bilateral trade relations that include a
commercial agreement may promote further progress by the
Lao People’s Democratic Republic on human rights, religious
tolerance, democratic rule, and transparency, and assist that
country in adopting regional and world trading rules and prin-
ciples.
(b) EXTENSION
OF NONDISCRIMINATORY TREATMENT
TO
THE
PRODUCTS OF THE LAO PEOPLE’S DEMOCRATIC REPUBLIC.—
(1) Harmonized tariff schedule amendment.—General note
3(b) of the Harmonized Tariff Schedule of the United States
is amended by striking ‘‘Laos’’.
(2) Effective date.—The amendment made by paragraph
(1) applies with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the effective date of
a notice published in the Federal Register by the United States
Trade Representative that a trade agreement obligating recip-
rocal most-favored-nation treatment between the Lao People’s
Democratic Republic and the United States has entered into
force.
H. R. 1047—164
SEC. 2006. REPEAL OF ANTIDUMPING PROVISION OF REVENUE ACT
OF 1916.
(a) REPEAL.—Section 801 of the Act entitled ‘‘An Act to increase
the revenue, and for other purposes’’, approved September 8, 1916
(15 U.S.C. 72), is repealed.
(b) EFFECT OF REPEAL.—The repeal made by subsection (a)
shall not affect any action under section 801 of the Act referred
to in subsection (a) that was commenced before the date of the
enactment of this Act and is pending on such date.
Subtitle B—Technical Amendments
Relating to Entry and Protest
SEC. 2101. ENTRY OF MERCHANDISE.
(a) IN GENERAL.—Subsection (a) of section 484 of the Tariff
Act of 1930 (19 U.S.C. 1484) is amended—
(1) in paragraph (1)(B), by inserting after ‘‘entry’’ the fol-
lowing: ‘‘, or substitute 1 or more reconfigured entries on an
import activity summary statement,’’; and
(2) in paragraph (2)(A)—
(A) in the second sentence, by inserting after ‘‘state-
ments,’’ the following: ‘‘and permit the filing of reconfigured
entries,’’; and
(B) by adding at the end the following: ‘‘Entries filed
under paragraph (1)(A) shall not be liquidated if covered
by an import activity summary statement, but instead each
reconfigured entry in the import activity summary state-
ment shall be subject to liquidation or reliquidation pursu-
ant to section 500, 501, or 504.’’.
(b) RECONCILIATION.—Subsection (b)(1) of such section is
amended in the fourth sentence by striking ‘‘15 months’’ and
inserting ‘‘21 months’’.
SEC. 2102. LIMITATION ON LIQUIDATIONS.
Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is
amended—
(1) in subsection (a)—
(A) by striking ‘‘or’’ at the end of paragraph (3);
(B) in paragraph (4), by striking ‘‘filed;’’ and inserting
‘‘filed, whichever is earlier; or’’; and
(C) by inserting after paragraph (4) the following:
‘‘(5) if a reconfigured entry is filed under an import activity
summary statement, the date the import activity summary
statement is filed or should have been filed, whichever is ear-
lier;’’; and
(2) by striking ‘‘at the time of entry’’ each place it appears.
SEC. 2103. PROTESTS.
Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) is
amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘(relating to refunds and errors) of this Act’’ and inserting
‘‘(relating to refunds), any clerical error, mistake of fact,
or other inadvertence, whether or not resulting from or
H. R. 1047—165
contained in an electronic transmission, adverse to the
importer, in any entry, liquidation, or reliquidation, and’’;
(B) in paragraph (5), by inserting ‘‘, including the liq-
uidation of an entry, pursuant to either section 500 or
section 504’’ after ‘‘thereof’’; and
(C) in paragraph (7), by striking ‘‘(c) or’’; and
(2) in subsection (c)—
(A) in paragraph (1), in the sixth sentence, by striking
‘‘A protest may be amended,’’ and inserting ‘‘Unless a
request for accelerated disposition is filed under section
515(b), a protest may be amended,’’; and
(B) in paragraph (3)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘ninety days’’ and inserting ‘‘180 days’’;
(ii) in subparagraph (A), by striking ‘‘notice of’’
and inserting ‘‘date of’’; and
(iii) in the second sentence, by striking ‘‘90 days’’
and inserting ‘‘180 days’’.
SEC. 2104. REVIEW OF PROTESTS.
Section 515(b) of the Tariff Act of 1930 (19 U.S.C. 1515(b))
is amended in the first sentence by striking ‘‘after ninety days’’
and inserting ‘‘concurrent with or’’.
SEC. 2105. REFUNDS AND ERRORS.
Section 520(c) of the Tariff Act of 1930 (19 U.S.C. 1520(c))
is repealed.
SEC. 2106. DEFINITIONS AND MISCELLANEOUS PROVISIONS.
Section 401 of the Tariff Act of 1930 (19 U.S.C. 1401) is
amended by adding at the end the following:
‘‘(t) RECONFIGURED
ENTRY.—The term ‘reconfigured entry’
means an entry filed on an import activity summary statement
which substitutes for all or part of 1 or more entries filed under
section 484(a)(1)(A) or filed on a reconciliation entry that aggregates
the entry elements to be reconciled under section 484(b) for purposes
of liquidation, reliquidation, or protest.’’.
SEC. 2107. VOLUNTARY RELIQUIDATIONS.
Section 501 of the Tariff Act of 1930 (19 U.S.C. 1501) is
amended in the first sentence by inserting ‘‘or 504’’ after ‘‘section
500’’.
SEC. 2108. EFFECTIVE DATE.
The amendments made by this subtitle shall apply to merchan-
dise entered, or withdrawn from warehouse for consumption, on
or after the 15th day after the date of the enactment of this
Act.
Subtitle C—Protection of Intellectual
Property Rights
SEC. 2201. USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGA-
TIONS.
(a) IN GENERAL.—Section 304(a)(2)(A) of the Trade Act of 1974
(19 U.S.C. 2414(a)(2)(A)) is amended by inserting after ‘‘agreement,’’
the following: ‘‘except an investigation initiated pursuant to section
H. R. 1047—166
302(b)(2)(A) involving rights under the Agreement on Trade-Related
Aspects of Intellectual Property Rights (referred to in section
101(d)(15) of the Uruguay Round Agreements Act) or the GATT
1994 (as defined in section 2(1)(B) of that Act) relating to products
subject to intellectual property protection,’’.
(b) TIMEFRAME FOR TRIPS AGREEMENT DETERMINATIONS.—Sec-
tion 304(a)(3)(A) of the Trade Act of 1974 is amended to read
as follows:
‘‘(3)(A) If an investigation is initiated under this chapter
by reason of section 302(b)(2) and—
‘‘(i) the Trade Representative considers that rights
under the Agreement on Trade-Related Aspects of Intellec-
tual Property Rights or the GATT 1994 relating to products
subject to intellectual property protection are involved, the
Trade Representative shall make the determination
required under paragraph (1) not later than 30 days after
the date on which the dispute settlement procedure is
concluded; or
‘‘(ii) the Trade Representative does not consider that
a trade agreement, including the Agreement on Trade-
Related Aspects of Intellectual Property Rights, is involved
or does not make a determination described in subpara-
graph (B) with respect to such investigation, the Trade
Representative shall make the determinations required
under paragraph (1) with respect to such investigation
not later than the date that is 6 months after the date
on which such investigation is initiated.’’.
(c) CONFORMING
AMENDMENT.—Section 305(a)(2)(B) of the
Trade Act of 1974 is amended by striking ‘‘section 304(a)(3)(A)’’
and inserting ‘‘section 304(a)(3)(A)(ii)’’.
TITLE III—IRAQI CULTURAL
ANTIQUITIES
SEC. 3001. SHORT TITLE.
This title may be cited as the ‘‘Emergency Protection for Iraqi
Cultural Antiquities Act of 2004’’.
SEC. 3002. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.
(a) AUTHORITY.—The President may exercise the authority of
the President under section 304 of the Convention on Cultural
Property Implementation Act (19 U.S.C. 2603) with respect to any
archaeological or ethnological material of Iraq without regard to
whether Iraq is a State Party under that Act, except that, in
exercising such authority, subsection (c) of such section shall not
apply.
(b) DEFINITION.—In this section, the term ‘‘archaeological or
ethnological material of Iraq’’ means cultural property of Iraq and
other items of archaeological, historical, cultural, rare scientific,
or religious importance illegally removed from the Iraq National
Museum, the National Library of Iraq, and other locations in Iraq,
since the adoption of United Nations Security Council Resolution
661 of 1990.
H. R. 1047—167
SEC. 3003. TERMINATION OF AUTHORITY.
The authority of the President under section 3002(a) shall
terminate on September 30, 2009.
TITLE IV—WOOL TRUST FUND
SEC. 4001. SHORT TITLE.
This title may be cited as the ‘‘Wool Suit and Textile Trade
Extension Act of 2004’’.
SEC. 4002. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON
WOOL PRODUCTS, WOOL RESEARCH FUND, WOOL DUTY
REFUNDS.
(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—
(A) in the article description, by striking ‘‘all the fore-
going’’ through the end and inserting ‘‘(provided for in
subheading 5112.11.60 or 5112.19.95)’’;
(B) by striking ‘‘2005’’ and inserting ‘‘2007’’; and
(C) by striking ‘‘17.5%’’ and inserting ‘‘10%’’.
(2) HEADING
9902.51.12.—Subchapter II of chapter 99 of
the Harmonized Tariff Schedule of the United States is
amended by striking heading 9902.51.12.
(3) HEADING 9902.51.13.—Heading 9902.51.13 of the Har-
monized Tariff Schedule of the United States is amended by
striking ‘‘2005’’ and inserting ‘‘2007’’.
(4) HEADING 9902.51.14.—Heading 9902.51.14 of the Har-
monized Tariff Schedule of the United States is amended—
(A) in the article description, by inserting ‘‘the fore-
going’’ after ‘‘top,’’; and
(B) by striking ‘‘2005’’ and inserting ‘‘2007’’.
(5) FABRICS OF COMBED WOOL.—Subchapter II of chapter
99 of the Harmonized Tariff Schedule of the United States
is amended by inserting in numerical sequence the following:
‘‘
9902.51.15
Fabrics of combed wool,
containing 85 percent or
more by weight of wool,
with wool yarns of aver-
age fiber diameters of
18.5 micron or less,
under the terms of U.S.
note 16(b) to this sub-
chapter (provided for in
subheading 5112.11.30 or
5112.19.60) .......................
Free
No
change
No
change
On or be-
fore 12/31/
2006
H. R. 1047—168
9902.51.16
Fabrics of combed wool,
containing 85 percent or
more by weight of wool,
with wool yarns of aver-
age fiber diameters of
18.5 micron or less,
under the terms of U.S.
note 17 to this sub-
chapter (provided for in
subheading 5112.11.30 or
5112.19.60) .......................
Free
No
change
No
change
On or be-
fore 12/31/
2006
’’.
(b) MODIFICATION OF 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 ‘‘The aggregate’’ and inserting:
‘‘(a) The aggregate’’;
(B) in subdivision (a), as redesignated by subparagraph
(A)—
(i) by striking the comma after ‘‘9902.51.11’’;
(ii) by striking ‘‘and’’ after ‘‘2002,’’; and
(iii) by striking ‘‘year 2003’’ and all that follows
through the end period and inserting the following:
‘‘years 2003 and 2004, and 5,500,000 square meter
equivalents in calendar year 2005 and each calendar
year thereafter for the benefit of persons who cut and
sew men’s and boys’ worsted wool suits and suit-like
jackets and trousers in the United States, allocated
as required by section 501(e) of the Trade and Develop-
ment Act of 2000.’’; and
(C) by adding at the end the following new division:
‘‘(b) For purposes of heading 9902.51.11, all fabrics entered
under such heading must be certified by the importer as suitable
for use in making men’s and boys’ suits (as defined in U.S. note
13 to this subchapter), suit-type jackets, or trousers and must
be imported for the benefit of persons who cut and sew such
clothing in the United States.’’.
(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 ‘‘The aggregate’’ and inserting
‘‘(a) The aggregate’’;
(B) in subdivision (a), as redesignated by subparagraph
(A)—
(i) 
by 
striking 
‘‘9902.51.12,’’ 
and 
inserting
‘‘9902.51.15’’;
(ii) by striking ‘‘and’’ after ‘‘2002,’’; and
(iii) by striking ‘‘year 2003’’ and all that follows
through the end period and inserting the following:
‘‘years 2003 and 2004, 5,000,000 square meter equiva-
lents in calendar year 2005 and each calendar year
thereafter, allocated as required by section 501(e) of
the Trade and Development Act of 2000 for the benefit
of persons who cut and sew such clothing in the United
States.’’; and
(C) by adding at the end the following new subdivision:
H. R. 1047—169
‘‘(b) For purposes of heading 9902.51.15, all fabrics entered
under such heading must be certified by the importer as suitable
for use in making men’s and boys’ suits (as defined in U.S. note
13 to this subchapter), suit-type jackets, or trousers and must
be imported for the benefit of persons who cut and sew such
clothing in the United States.’’.
(3) NOTE 17.—The U.S. Notes for subchapter II of chapter
99 of the Harmonized Tariff Schedule of the United States
are amended by adding at the end the following new Note:
‘‘17. (a) The aggregate quantity of worsted wool fabric entered
under subheading 9902.51.16 shall be limited to 2,000,000 square
meter equivalents in calendar year 2005 and each calendar year
thereafter, allocated in accordance with section 501(e) of the Trade
and Development Act of 2000 for the benefit of persons who weave
worsted wool fabric suitable for use in men’s and boys’ suits.
‘‘(b) For purposes of heading 9902.51.16, all fabrics entered
under such heading must be certified by the importer as suitable
for use in making men’s and boys’ suits (as defined in U.S. note
13 to this subchapter), suit-type jackets, or trousers and must
be imported for the benefit of persons who weave in the United
States worsted wool fabric suitable for use in such clothing.’’.
(4) CONFORMING AMENDMENTS.—
(A) SUNSET STAGED REDUCTION REQUIREMENT.—Section
501(a)(2) of the Trade and Development Act of 2000 (Public
Law 106–200; 114 Stat. 299) is amended by inserting before
the period ‘‘for goods entered, or withdrawn from warehouse
for consumption, before January 1, 2005’’.
(B) ALLOCATION OF TARIFF-RATE QUOTAS.—Subsection
(e) of section 501 of the Trade and Development Act of
2000 (Public Law 106–200; 114 Stat. 200) is amended—
(i) 
by 
striking 
‘‘9902.51.12’’ 
and 
inserting
‘‘9902.51.15’’;
(ii) by inserting ‘‘for manufacturers of men’s and
boys’ suits’’ after ‘‘implementing the limitation’’; and
(iii) by inserting at the end the following new
sentence: ‘‘In implementing the limitation for manufac-
turers of worsted wool fabric with respect to the
quantity of worsted wool fabrics under heading
9902.51.16 of the Harmonized Tariff Schedule of the
United States, as required by U.S. Note 17 of sub-
chapter II of chapter 99 of such Schedule, the Secretary
of Commerce shall prescribe regulations to allocate
fairly the quantity of worsted wool fabrics required
under U.S. Note 17 of such Schedule to manufacturers
who weave worsted wool fabric in the United States.’’.
(C) SUNSET
AUTHORITY
TO
MODIFY
LIMITATION
ON
QUANTITY.—Section 504(b) of the Trade and Development
Act of 2000 (Public Law 106–200; 114 Stat. 301) is repealed,
effective January 1, 2005.
(c) EXTENSION OF DUTY REFUNDS AND WOOL RESEARCH TRUST
FUND.—
(1) ESTABLISHMENT OF TRUST FUND.—There is hereby estab-
lished within the Treasury of the United States a trust fund
to be known as the Wool Apparel Manufacturers Trust Fund
(in this subsection referred to as the ‘‘Trust Fund’’), consisting
of such amounts as may be transferred to the Trust Fund
under paragraph (2).
H. R. 1047—170
(2) TRANSFER OF AMOUNTS.—
(A) IN GENERAL.—The Secretary of the Treasury shall
transfer to the Trust Fund, out of the general fund of
the Treasury of the United States, amounts determined
by the Secretary of the Treasury to be equivalent to the
amounts received in the general fund that are attributable
to the duty received on articles classified under chapter
51 of the Harmonized Tariff Schedule of the United States,
subject to the limitation in subparagraph (B).
(B) LIMITATION.—In any fiscal year, the Secretary shall
not transfer more than the amount determined by the
Secretary necessary for the Bureau of Customs and Border
Protection to make payments authorized under paragraph
(3) and the Secretary of Commerce to make grants under
paragraph (6).
(3) AVAILABILITY OF AMOUNTS FROM TRUST FUND.—From
amounts in the Trust Fund, the Bureau of Customs and Border
Protection shall pay to each manufacturer that receives a pay-
ment during calendar year 2005 under section 505 of the Trade
and Development Act of 2000 (Public Law 106–200; 114 Stat.
303), as amended by section 5101 of the Trade Act of 2002
(116 Stat. 1041), and that provides an affidavit, no later than
March 1 of the year of the payment, that it remains a manufac-
turer 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 2005 as follows:
(A) The first payment to be made after January 1,
2006, but on or before April 15, 2006.
(B) The second payment to be made after January
1, 2007, but on or before April 15, 2007.
(4) 
SUCCESSOR-IN-INTEREST.—Any 
manufacturer 
that
becomes a successor-in-interest to a claimant of a payment
under section 505 of the Trade and Development Act of 2000,
as amended by section 5101 of the Trade Act of 2002, because
of—
(A) an assignment of the claim,
(B) an assignment of the original claimant’s right to
manufacture under the same trade name, or
(C) a reorganization,
or otherwise, shall be eligible to claim the payment as if the
successor manufacturer were the original claimant, without
regard to section 3727 of title 31, United States Code. Such
right to claim payment as a successor shall be effective as
if the right were included in section 505 of the Trade and
Development Act of 2000.
(5) EXTENSION OF WOOL RESEARCH, DEVELOPMENT, AND PRO-
MOTION TRUST FUND.—Section 506(f) of the Trade and Develop-
ment Act of 2000 (Public Law 106–200; 114 Stat. 303), as
amended by section 5102(c)(2) of the Trade Act of 2002 (116
Stat. 1047), is amended by striking ‘‘2006’’ and inserting ‘‘2008’’.
(6) COMMERCE AUTHORITY TO PROMOTE DOMESTIC EMPLOY-
MENT.—
(A) GRANTS
TO
MANUFACTURERS
OF
WORSTED
WOOL
FABRICS.—The Secretary of Commerce shall provide to—
(i) persons who were, during calendar years 1999,
2000, and 2001, manufacturers of worsted wool fabric
of the kind described in heading 9902.51.12 of the
H. R. 1047—171
Harmonized Tariff Schedule of the United States (as
in effect on the day before the date of the enactment
of this Act), and
(ii) persons who were, during such calendar years,
manufacturers of worsted wool fabric of the kind
described in heading 9902.51.11 of the Harmonized
Tariff Schedule of the United States,
grants in each of calendar years 2005 through 2007 in
the amounts determined under subparagraph (B).
(B) AMOUNTS.—(i) The total amount of grants to manu-
facturers under subparagraph (A)(i) shall be $2,666,000
each calendar year, allocated among such manufacturers
on the basis of the percentage of each manufacturer’s
production of the fabric described in heading 9902.51.12
of the Harmonized Tariff Schedule of the United States
(as in effect on the day before the date of the enactment
of this Act) for calendar years 1999, 2000, and 2001, com-
pared to the production of such fabric by all such manufac-
turers who qualify under subparagraph (A)(i) for such
grants.
(ii) The total amount of grants to manufacturers under
subparagraph (A)(ii) shall be $2,666,000 each calendar
year, allocated among such manufacturers on the basis
of the percentage of each manufacturer’s production of the
fabric described in heading 9902.51.11 of the Harmonized
Tariff Schedule of the United States for calendar years
1999, 2000, and 2001, compared to the production of such
fabric by all manufacturers who qualify under subpara-
graph (A)(ii) for such grants.
(iii) Any grant awarded by the Secretary under this
paragraph shall be final and not subject to appeal or pro-
test.
(d) EFFECTIVE DATE FOR DUTY REDUCTION.—The amendment
made by subsection (a)(1)(B) shall apply to goods entered, or with-
drawn from warehouse for consumption, on or after January 1,
2005.
TITLE V—REFERENCE TO CUSTOMS
SERVICE
SEC. 5001. REFERENCE TO CUSTOMS SERVICE.
Except as otherwise expressly provided, any reference in this
Act to the ‘‘United States Customs Service’’ or the ‘‘Customs Service’’
H. R. 1047—172
shall be considered to be a reference to the ‘‘Bureau of Customs
and Border Protection’’ of the Department of Homeland Security.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.