H. R. 3450—88
(i) by inserting ‘‘(i) GENERAL RULE.—’’ before ‘‘An
interested party’’;
(ii) by inserting ‘‘of the NAFTA or’’ after ‘‘article
1904(4)’’;
(iii) by indenting the text so as to align it with
new clause (ii) (as added by clause (iv) of this subpara-
graph); and
(iv) by adding at the end the following new clause:
‘‘(ii) SUSPENSION OF TIME TO REQUEST BINATIONAL
PANEL
REVIEW
UNDER
THE
NAFTA.—Notwithstanding
clause (i), the time for requesting binational panel
review shall be suspended during the pendency of any
stay of binational panel review that is issued pursuant
to paragraph 11(a) of article 1905 of the NAFTA.’’.
(K) Paragraph (8)(B)(ii) is amended by striking out
‘‘Canadian Secretary,’’ and inserting ‘‘relevant FTA Sec-
retary,’’.
(L) Paragraph (8)(C) is amended by striking out ‘‘under
article 1904 of the Agreement of a determination’’ and
inserting ‘‘of a determination under article 1904 of the
NAFTA or the Agreement’’.
(M) Paragraph (9) is amended by inserting ‘‘of the
NAFTA or’’ after ‘‘chapter 19’’.
(N) Paragraph (10) is amended by striking out ‘‘Govern-
ment of Canada’’ and all that follows thereafter and insert-
ing ‘‘Government of the relevant FTA country received
notice of the determination under paragraph 4 of article
1904 of the NAFTA or the Agreement.’’.
(O) The following new paragraphs are added at the
end:
‘‘(11) SUSPENSION
AND
TERMINATION
OF
SUSPENSION
OF
ARTICLE 1904 OF THE NAFTA.—
‘‘(A) SUSPENSION OF ARTICLE 1904.—If a special commit-
tee established under article 1905 of the NAFTA issues
an affirmative finding, the Trade Representative may, in
accordance with paragraph 8(a) or 9, as appropriate, of
article 1905 of the NAFTA, suspend the operation of article
1904 of the NAFTA.
‘‘(B) TERMINATION OF SUSPENSION OF ARTICLE 1904.—
If a special committee is reconvened and makes an affirma-
tive determination described in paragraph 10(b) of article
1905 of the NAFTA, any suspension of the operation of
article 1904 of the NAFTA shall terminate.
‘‘(12) JUDICIAL REVIEW UPON TERMINATION OF BINATIONAL
PANEL OR COMMITTEE REVIEW UNDER THE NAFTA.—
‘‘(A) NOTICE
OF
SUSPENSION
OR
TERMINATION
OF
SUSPENSION OF ARTICLE 1904.—
‘‘(i) Upon notification by the Trade Representative
or the Government of a country described in subsection
(f)(10) (A) or (B) that the operation of article 1904
of the NAFTA has been suspended in accordance with
paragraph 8(a) or 9 of article 1905 of the NAFTA,
the United States Secretary shall publish in the Fed-
eral Register a notice of suspension of article 1904
of the NAFTA.
‘‘(ii) Upon notification by the Trade Representative
or the Government of a country described in subsection
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H. R. 3450—89
(f)(10) (A) or (B) that the suspension of the operation
of article 1904 of the NAFTA is terminated in accord-
ance with paragraph 10 of article 1905 of the NAFTA,
the United States Secretary shall publish in the Fed-
eral Register a notice of termination of suspension
of article 1904 of the NAFTA.
‘‘(B) TRANSFER OF FINAL DETERMINATIONS FOR JUDICIAL
REVIEW UPON SUSPENSION OF ARTICLE 1904.—If the oper-
ation of article 1904 of the NAFTA is suspended in accord-
ance with paragraph 8(a) or 9 of article 1905 of the
NAFTA—
‘‘(i) upon the request of an authorized person
described in subparagraph (C), any final determination
that is the subject of a binational panel review or
an extraordinary challenge committee review shall be
transferred to the United States Court of International
Trade (in accordance with rules issued by the Court)
for review under subsection (a); or
‘‘(ii) in a case in which—
‘‘(I) a binational panel review was completed
fewer than 30 days before the suspension, and
‘‘(II) extraordinary challenge committee review
has not been requested,
upon the request of an authorized person described
in subparagraph (C) which is made within 60 days
after the completion of the binational panel review,
the final determination that was the subject of the
binational panel review shall be transferred to the
United States Court of International Trade (in accord-
ance with rules issued by the Court) for review under
subsection (a).
‘‘(C) PERSONS AUTHORIZED TO REQUEST TRANSFER OF
FINAL DETERMINATIONS FOR JUDICIAL REVIEW.—A request
that a final determination be transferred to the Court
of International Trade under subparagraph (B) may be
made by—
‘‘(i) if the United States made an allegation under
paragraph 1 of article 1905 of the NAFTA and the
operation of article 1904 of the NAFTA was suspended
pursuant to paragraph 8(a) of article 1905 of the
NAFTA—
‘‘(I) the government of the relevant country
described in subsection (f)(10) (A) or (B),
‘‘(II) an interested party that was a party to
the panel or committee review, or
‘‘(III) an interested party that was a party
to the proceeding in connection with which panel
review was requested, but only if the time period
for filing notices of appearance in the panel review
has not expired, or
‘‘(ii) if a country described in subsection (f)(10)
(A) or (B) made an allegation under paragraph 1 of
article 1905 of the NAFTA and the operation of article
1904 of the NAFTA was suspended pursuant to para-
graph 9 of article 1905 of the NAFTA—
‘‘(I) the government of that country,
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H. R. 3450—90
‘‘(II) an interested party that is a person of
that country and that was a party to the panel
or committee review, or
‘‘(III) an interested party that is a person of
that country and that was a party to the proceed-
ing in connection with which panel review was
requested, but only if the time period for filing
notices of appearance in the panel review has not
expired.
‘‘(D)(i) TRANSFER FOR JUDICIAL REVIEW UPON SETTLE-
MENT.—If the Trade Representative achieves a settlement
with the government of a country described in subsection
(f)(10) (A) or (B) pursuant to paragraph 7 of article 1905
of the NAFTA, and referral for judicial review is among
the terms of such settlement, any final determination that
is the subject of a binational panel review or an extraor-
dinary challenge committee review shall, upon a request
described in clause (ii), be transferred to the United States
Court of International Trade (in accordance with rules
issued by the Court) for review under subsection (a).
‘‘(ii) A request referred to in clause (i) is a request
made by—
‘‘(I) the country referred to in clause (i),
‘‘(II) an interested party that was a party to the
panel or committee review, or
‘‘(III) an interested party that was a party to the
proceeding in connection with which panel review was
requested, but only if the time for filing notices of
appearance in the panel review has not expired.’’.
SEC. 412. CONFORMING AMENDMENTS TO OTHER PROVISIONS OF
THE TARIFF ACT OF 1930.
(a) REGULATIONS
FOR
APPRAISEMENT
AND
CLASSIFICATION;
FINALITY AND DECISION.—Sections 502(b) and 514(b) of the Tariff
Act of 1930 (19 U.S.C. 1502(b) and 1514(b)) are each amended
by inserting ‘‘the North American Free Trade Agreement or’’ before
‘‘the United States-Canada Free-Trade Agreement’’.
(b) DEFINITION.—Section 771 of the Tariff Act of 1930 (19
U.S.C. 1677) is amended—
(1) by redesignating as paragraph (21) (and placing in
numerical sequence) the second paragraph that is designated
as paragraph (18) (relating to the definition of the United
States-Canada Agreement) in such section; and
(2) by inserting after paragraph (21) (as redesignated by
paragraph (1) of this subsection) the following new paragraph:
‘‘(22) NAFTA.—The term ‘NAFTA’ means the North Amer-
ican Free Trade Agreement.’’.
(c) DISCLOSURE OF PROPRIETARY INFORMATION IN TITLE VII
PROCEEDINGS.—Section 777(f) of the Tariff Act of 1930 (19 U.S.C.
1677f(f)) is amended—
(1) by inserting ‘‘THE NORTH AMERICAN FREE TRADE AGREE-
MENT OR’’ before ‘‘THE UNITED STATES-CANADA AGREEMENT’’
in the heading;
(2) by inserting ‘‘the NAFTA or’’ before ‘‘the United States-
Canada Agreement’’ each place it appears in paragraph (1)(A);
(3) in the second sentence of paragraph (1)(A)—
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H. R. 3450—91
(A) by inserting ‘‘or extraordinary challenge committee’’
after ‘‘binational panel’’; and
(B) by inserting ‘‘or committee’’ after ‘‘the panel’’;
(4) in paragraph (1)(B)—
(A) by inserting ‘‘the NAFTA or’’ before ‘‘the Agree-
ment’’ in clauses (iii) and (iv); and
(B) by striking out ‘‘Government of Canada designated
by an authorized agency of Canada’’ in clause (iv) and
inserting ‘‘Government of a free trade area country (as
defined in section 516A(f)(10)) designated by an authorized
agency of such country’’;
(5) in paragraph (2) by inserting ‘‘, including any extraor-
dinary challenge,’’ after ‘‘binational panel proceeding’’;
(6) in paragraph (3)—
(A) by inserting ‘‘or extraordinary challenge committee’’
after ‘‘binational panel’’, and
(B) by inserting ‘‘the NAFTA or’’ before ‘‘the United
States-Canada Agreement’’;
(7) by striking out ‘‘agency of Canada’’ in each of para-
graphs (3) and (4) and inserting ‘‘agency of a free trade area
country (as defined in section 516A(f)(10))’’; and
(8) in the first sentence of paragraph (4) by inserting ‘‘,
except a judge appointed to a binational panel or an extraor-
dinary challenge committee under section 402(b) of the North
American Free Trade Agreement Implementation Act,’’ after
‘‘Any person’’.
SEC. 413. CONSEQUENTIAL AMENDMENT TO FREE-TRADE AGREE-
MENT ACT OF 1988.
Section 410(a) of the United States-Canada Free-Trade Agree-
ment Implementation Act of 1988 (19 U.S.C. 2112 note) is amended
by adding at the end the following new sentence: ‘‘In calculating
the 7-year period referred to in paragraph (1), any time during
which Canada is a NAFTA country (as defined in section 2(4)
of the North American Free Trade Agreement Implementation Act)
shall be disregarded.’’.
SEC. 414. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES
CODE.
(a) COURT OF INTERNATIONAL TRADE.—Chapter 95 of title 28,
United States Code, is amended—
(1) in section 1581(i) by inserting ‘‘the North American
Free Trade Agreement or’’ before ‘‘the United States-Canada
Free-Trade Agreement’’;
(2) in section 1584—
(A) by amending the section heading to read as follows:
‘‘§ 1584. Civil actions under the North American Free Trade
Agreement or the United States-Canada Free-
Trade Agreement’’; and
(B) by striking out ‘‘777(d)’’ and inserting ‘‘777(f)’’; and
(3) in the table of contents for such chapter by amending
the entry for section 1584 to read as follows:
‘‘1584. Civil actions under the North American Free Trade Agreement or the United
States-Canada Free-Trade Agreement.’’.
(b) PARTICULAR PROCEEDINGS.—Sections 2201(a) and 2643(c)(5)
of title 28, United States Code, are each amended by striking
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H. R. 3450—92
out ‘‘Canadian merchandise,’’ and inserting ‘‘merchandise of a free
trade area country (as defined in section 516A(f)(10) of the Tariff
Act of 1930),’’.
SEC. 415. EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS.
(a) IN GENERAL.—Except as provided in subsection (b), on the
date on which a country ceases to be a NAFTA country, the provi-
sions of this title (other than this section) and the amendments
made by this title shall cease to have effect with respect to that
country.
(b) TRANSITION PROVISIONS.—
(1) PROCEEDINGS
REGARDING
PROTECTIVE
ORDERS
AND
UNDERTAKINGS.—If on the date on which a country ceases to
be a NAFTA country an investigation or enforcement proceeding
concerning the violation of a protective order issued under
section 777(f) of the Tariff Act of 1930 (as amended by this
subtitle) or an undertaking of the Government of that country
is pending, the investigation or proceeding shall continue, and
sanctions may continue to be imposed, in accordance with the
provisions of such section 777(f).
(2) BINATIONAL
PANEL
AND
EXTRAORDINARY
CHALLENGE
COMMITTEE REVIEWS.—If on the date on which a country ceases
to be a NAFTA country—
(A) a binational panel review under article 1904 of
the Agreement is pending, or has been requested; or
(B) an extraordinary challenge committee review under
article 1904 of the Agreement is pending, or has been
requested;
with respect to a determination which involves a class or kind
of merchandise and to which section 516A(g)(2) of the Tariff
Act of 1930 applies, such determination shall be reviewable
under section 516A(a) of the Tariff Act of 1930. In the case
of a determination to which the provisions of this paragraph
apply, the time limits for commencing an action under 516A(a)
of the Tariff Act of 1930 shall not begin to run until the
date on which the Agreement ceases to be in force with respect
to that country.
SEC. 416. EFFECTIVE DATE.
The provisions of this title and the amendments made by this
title take effect on the date the Agreement enters into force with
respect to the United States, but shall not apply—
(1) to any final determination described in paragraph (1)(B),
or (2)(B) (i), (ii), or (iii), of section 516A(a) of the Tariff Act
of 1930 notice of which is published in the Federal Register
before such date, or to a determination described in paragraph
(2)(B)(vi) of section 516A(a) of such Act notice of which is
received by the Government of Canada or Mexico before such
date; or
(2) to any binational panel review under the United States-
Canada Free-Trade Agreement, or any extraordinary challenge
arising out of any such review, that was commenced before
such date.
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