H. R. 3450—42
(2) in subsection (c)(2)—
(A) by striking out ‘‘or’’ at the end of subparagraph
(D);
(B) by redesignating subparagraph (E) as subpara-
graph (F);
(C) by inserting after subparagraph (D) the following
new subparagraph:
‘‘(E) with respect to a determination of origin under
section 202 of the North American Free Trade Agreement
Implementation Act, any exporter or producer of the mer-
chandise subject to that determination, if the exporter or
producer completed and signed a NAFTA Certificate of
Origin covering the merchandise; or’’; and
(D) by striking ‘‘clauses (A) through (D)’’ in subpara-
graph (F) (as redesignated by subparagraph (B)), and
inserting ‘‘clauses (A) through (E)’’; and
(3) by adding at the end the following new subsections:
‘‘(e) ADVANCE NOTICE OF CERTAIN DETERMINATIONS.—Except
as provided in subsection (f), an exporter or producer referred
to in subsection (c)(2)(E) shall be provided notice in advance of
an adverse determination of origin under section 202 of the North
American Free Trade Agreement Implementation Act. The Sec-
retary may, by regulations, prescribe the time period in which
such advance notice shall be issued and authorize the Customs
Service to provide in the notice the entry number and any other
entry information considered necessary to allow the exporter or
producer to exercise the rights provided by this section.
‘‘(f) DENIAL
OF PREFERENTIAL TREATMENT.—If the Customs
Service finds indications of a pattern of conduct by an exporter
or producer of false or unsupported representations that goods
qualify under the rules of origin set out in section 202 of the
North American Free Trade Agreement Implementation Act—
‘‘(1) the Customs Service, in accordance with regulations
issued by the Secretary, may deny preferential tariff treatment
to entries of identical goods exported or produced by that per-
son; and
‘‘(2) the advance notice requirement in subsection (e) shall
not apply to that person;
until the person establishes to the satisfaction of the Customs
Service that its representations are in conformity with section 202.’’.
SEC. 209. EXCHANGE OF INFORMATION.
Section 628 of the Tariff Act of 1930 (19 U.S.C. 1628)
is amended by adding at the end the following new subsection:
‘‘(c) The Secretary may authorize the Customs Service to
exchange information with any government agency of a NAFTA
country, as defined in section 2(4) of the North American Free
Trade Agreement Implementation Act, if the Secretary—
‘‘(1) reasonably believes the exchange of information is
necessary to implement chapter 3, 4, or 5 of the North American
Free Trade Agreement, and
‘‘(2) obtains assurances from such country that the informa-
tion will be held in confidence and used only for governmental
purposes.’’.
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H. R. 3450—43
SEC. 210. PROHIBITION ON DRAWBACK FOR TELEVISION PICTURE
TUBES.
Notwithstanding any other provision of law, no customs duties
may be refunded, waived, or reduced on color cathode-ray television
picture tubes, including video monitor cathode-ray tubes (provided
for in subheading 8540.11.00 of the HTS), that are nonoriginating
goods under section 202(p)(19) and are—
(A) exported to a NAFTA country;
(B) used as a material in the production of other goods
that are exported to a NAFTA country; or
(C) substituted for by goods of the same kind and quality
used as a material in the production of other goods that are
exported to a NAFTA country.
SEC. 211. MONITORING OF TELEVISION AND PICTURE TUBE IMPORTS.
(a) MONITORING.—Beginning on the date the Agreement enters
into force with respect to the United States, the United States
Customs Service shall, for a period of 5 years, monitor imports
into the United States of articles described in subheading 8528.10
of the HTS from NAFTA countries and shall take action to exercise
all rights of the United States under chapter 5 of the Agreement
with respect to such imports. The United States Customs Service
shall take appropriate action under chapter 5 of the Agreement
with respect to such imports, including verifications to ensure that
the rules of origin under the Agreement are fully complied with
and that the duty drawback obligations contained in article 303
and Annex 303.8 of the Agreement are fully implemented and
duties are correctly assessed.
(b) REPORT
TO TRADE REPRESENTATIVE.—The United States
Customs Service shall make the results of the monitoring and
verification required by subsection (a) available to the President
and the Trade Representative. If, based on such information, the
President has reason to believe that articles described in subheading
8540.11 of the HTS, intended for ultimate consumption in the
United States, are entering the territory of a NAFTA country
inconsistent with the provisions of the Agreement, or have been
undervalued in a manner that may raise concerns under United
States trade laws, the President shall promptly take such action
as may be appropriate under all relevant provisions of the Agree-
ment, including article 317 and chapter 20, and under applicable
United States trade statutes.
SEC. 212. TITLE VI AMENDMENTS.
Any amendment in this title to a law that is also amended
under title VI shall be made after the title VI amendment is
executed.
SEC. 213. EFFECTIVE DATES.
(a) PROVISIONS EFFECTIVE ON DATE OF ENACTMENT.—Section
212 and this section take effect on the date of the enactment
of this Act.
(b) PROVISIONS EFFECTIVE WHEN AGREEMENT ENTERS INTO
FORCE.—Section 201, section 202, section 203 (a), (d), and (e),
section 210 and section 211, the amendment made by section 203(c),
and the amendments made by sections 204 through 209 take effect
on the date the Agreement enters into force with respect to the
United States.
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H. R. 3450—44
(c) PROVISIONS WITH DELAYED EFFECTIVE DATES.—The amend-
ments made by section 203(b) apply—
(1) with respect to exports from the United States to
Canada—
(A) on January 1, 1996, if Canada is a NAFTA country
on that date, and
(B) after such date for so long as Canada continues
to be a NAFTA country; and
(2) with respect to exports from the United States to
Mexico—
(A) on January 1, 2001, if Mexico is a NAFTA country
on that date; and
(B) after such date for so long as Mexico continues
to be a NAFTA country.
TITLE 
III—APPLICATION 
OF 
AGREE-
MENT TO SECTORS AND SERVICES
Subtitle A—Safeguards
PART 1—RELIEF FROM IMPORTS BENEFITING
FROM THE AGREEMENT
SEC. 301. DEFINITIONS.
As used in this part:
(1) CANADIAN
ARTICLE.—The term ‘‘Canadian article’’
means an article that—
(A) is an originating good under chapter 4 of the Agree-
ment; and
(B) qualifies under the Agreement to be marked as
a good of Canada.
(2) MEXICAN ARTICLE.—The term ‘‘Mexican article’’ means
an article that—
(A) is an originating good under chapter 4 of the Agree-
ment; and
(B) qualifies under the Agreement to be marked as
a good of Mexico.
SEC. 302. COMMENCING OF ACTION FOR RELIEF.
(a) FILING OF PETITION.—
(1) IN GENERAL.—A petition requesting action under this
part for the purpose of adjusting to the obligations of the
United States under the Agreement may be filed with the
International Trade Commission by an entity, including a trade
association, firm, certified or recognized union, or group of
workers, that is representative of an industry. The Inter-
national Trade Commission shall transmit a copy of any petition
filed under this subsection to the Trade Representative.
(2) PROVISIONAL RELIEF.—An entity filing a petition under
this subsection may request that provisional relief be provided
as if the petition had been filed under section 202(a) of the
Trade Act of 1974.
(3) CRITICAL CIRCUMSTANCES.—An allegation that critical
circumstances exist must be included in the petition or made
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H. R. 3450—45
on or before the 90th day after the date on which the investiga-
tion is initiated under subsection (b).
(b) INVESTIGATION
AND DETERMINATION.—Upon the filing of
a petition under subsection (a), the International Trade Commis-
sion, unless subsection (d) applies, shall promptly initiate an inves-
tigation to determine whether, as a result of the reduction or
elimination of a duty provided for under the Agreement, a Canadian
article or a Mexican article, as the case may be, is being imported
into the United States in such increased quantities (in absolute
terms) and under such conditions so that imports of the article,
alone, constitute a substantial cause of—
(1) serious injury; or
(2) except in the case of a Canadian article, a threat of
serious injury;
to the domestic industry producing an article that is like, or directly
competitive with, the imported article.
(c) APPLICABLE PROVISIONS.—The provisions of—
(1) paragraphs (1)(B), (3) (except subparagraph (A)), and
(4) of subsection (b);
(2) subsection (c); and
(3) subsection (d),
of section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply
with respect to any investigation initiated under subsection (b).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation
may be initiated under this section with respect to—
(1) any Canadian article or Mexican article if import relief
has been provided under this part with respect to that article;
or
(2) any textile or apparel article set out in Appendix 1.1
of Annex 300–B of the Agreement.
SEC. 303. INTERNATIONAL TRADE COMMISSION ACTION ON PETITION.
(a) DETERMINATION.—By no later than 120 days after the date
on which an investigation is initiated under section 302(b) with
respect to a petition, the International Trade Commission shall—
(1) make the determination required under that section;
and
(2) if the determination referred to in paragraph (1) is
affirmative and an allegation regarding critical circumstances
was made under section 302(a), make a determination regard-
ing that allegation.
(b) ADDITIONAL FINDING AND RECOMMENDATION IF DETERMINA-
TION AFFIRMATIVE.—If the determination made by the International
Trade Commission under subsection (a) with respect to imports
of an article is affirmative, the International Trade Commission
shall find, and recommend to the President in the report required
under subsection (c), the amount of import relief that is necessary
to remedy or, except in the case of imports of a Canadian article,
prevent the injury found by the International Trade Commission
in the determination. The import relief recommended by the Inter-
national Trade Commission under this subsection shall be limited
to that described in section 304(c).
(c) REPORT
TO PRESIDENT.—No later than the date that is
30 days after the date on which a determination is made under
subsection (a) with respect to an investigation, the International
Trade Commission shall submit to the President a report that
shall include—
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H. R. 3450—46
(1) a statement of the basis for the determination;
(2) dissenting and separate views; and
(3) any finding made under subsection (b) regarding import
relief.
(d) PUBLIC NOTICE.—Upon submitting a report to the President
under subsection (c), the International Trade Commission shall
promptly make public such report (with the exception of information
which the International Trade Commission determines to be con-
fidential) and shall cause a summary thereof to be published in
the Federal Register.
(e) APPLICABLE PROVISIONS.—For purposes of this part, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of the
Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect
to determinations and findings made under this section as if such
determinations and findings were made under section 202 of the
Trade Act of 1974 (19 U.S.C. 2252).
SEC. 304. PROVISION OF RELIEF.
(a) IN GENERAL.—No later than the date that is 30 days after
the date on which the President receives the report of the Inter-
national Trade Commission containing an affirmative determination
of the International Trade Commission under section 303(a), the
President, subject to subsection (b), shall provide relief from imports
of the article that is the subject of such determination to the
extent that the President determines necessary to remedy or, except
in the case of imports of a Canadian article, prevent the injury
found by the International Trade Commission.
(b) EXCEPTION.—The President is not required to provide import
relief under this section if the President determines that the provi-
sion of the import relief will not provide greater economic and
social benefits than costs.
(c) NATURE OF RELIEF.—The import relief (including provisional
relief) that the President is authorized to provide under this part
is as follows:
(1) In the case of imports of a Canadian article—
(A) the suspension of any further reduction provided
for under Annex 401.2 of the United States-Canada Free-
Trade Agreement in the duty imposed on such article;
(B) an increase in the rate of duty imposed on such
article to a level that does not exceed the lesser of—
(i) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided, or
(ii) the column 1 general rate of duty imposed
on like articles on December 31, 1988; or
(C) in the case of a duty applied on a seasonal basis
to such article, an increase in the rate of duty imposed
on the article to a level that does not exceed the column
1 general rate of duty imposed on the article for the cor-
responding season occurring immediately before January
1, 1989.
(2) In the case of imports of a Mexican article—
(A) the suspension of any further reduction provided
for under the United States Schedule to Annex 302.2 of
the Agreement in the duty imposed on such article;
(B) an increase in the rate of duty imposed on such
article to a level that does not exceed the lesser of—
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