(ii) there is evidence that the industry
is making a positive adjustment to import
competition.
(B) ACTION BY COMMISSION.—
(i) Upon a petition on behalf of the
industry concerned, filed with the Commis-
sion not earlier than the date which is 9
months, and not later than the date which
is 6 months, before the date on which any
action taken under subsection (a) is to ter-
minate, the Commission shall conduct an
investigation to determine whether action
under this section continues to be nec-
essary to remedy or prevent serious injury
and whether there is evidence that the in-
dustry is making a positive adjustment to
import competition.
(ii) The Commission shall publish no-
tice of the commencement of any pro-
ceeding under this subparagraph in the
Federal Register and shall, within a rea-
sonable time thereafter, hold a public hear-
ing at which the Commission shall afford
interested parties and consumers an oppor-
tunity to be present, to present evidence,
and to respond to the presentations of
other parties and consumers, and other-
wise to be heard.
(iii) The Commission shall transmit to
the President a report on its investigation
and determination under this subpara-
graph not later than 60 days before the ac-
tion under subsection (a) is to terminate,
unless the President specifies a different
date.
(C) PERIOD OF IMPORT RELIEF.—The ef-
fective period of any import relief imposed
under this section, including any extensions
thereof, may not, in the aggregate, exceed 4
years.
(e) RATE AFTER TERMINATION
OF IMPORT RE-
LIEF.—When import relief under this section is termi-
nated with respect to an article, the rate of duty on that
article shall be the rate that would have been in effect,
but for the provision of such relief, on the date the relief
terminates.
(f) ARTICLES EXEMPT FROM RELIEF.—No import
relief may be provided under this section on any article
that has been subject to import relief, after the entry into
force of the Agreement, under—
(1) this subtitle;
(2) subtitle B;
(3) chapter 1 of title II of the Trade Act of
1974;
(4) article 6 of the Agreement on Textiles and
Clothing referred to in section 101(d)(4) of the Uru-
guay 
Round 
Agreements 
Act 
(19 
U.S.C.
3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture
referred to in section 101(d)(2) of the Uruguay
Round Agreements Act (19 U.S.C. 3511(d)(2)).
SEC. 314. TERMINATION OF RELIEF AUTHORITY.
(a) GENERAL RULE.—No import relief may be pro-
vided under this subtitle after the date that is 10 years
after the date on which the Agreement enters into force.
(b) EXCEPTION.—Import relief may be provided
under this subtitle in the case of a Singaporean article
after the date on which such relief would, but for this sub-
section, terminate under subsection (a), if the President
determines that Singapore has consented to such relief.
SEC. 315. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under section 313 shall be treated as action taken
under chapter 1 of title II of such Act.
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
Section 202(a)(8) of the Trade Act of 1974 (19
U.S.C. 2252(a)(8)) is amended in the first sentence—
(1) by striking ‘‘and’’; and
(2) by inserting before the period at the end ‘‘,
and title III of the United States-Singapore Free
Trade Agreement Implementation Act’’.
Subtitle B—Textile and Apparel
Safeguard Measures
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
(a) IN GENERAL.—A request under this subtitle for
the purpose of adjusting to the obligations of the United
States under the Agreement may be filed with the Presi-
dent by an interested party. Upon the filing of a request,
the President shall review the request to determine, from
information presented in the request, whether to com-
mence consideration of the request.
(b) PUBLICATION OF REQUEST.—If the President de-
termines that the request under subsection (a) provides
the information necessary for the request to be considered,
the President shall cause to be published in the Federal
Register a notice of commencement of consideration of the
request, and notice seeking public comments regarding the
request. The notice shall include the request and the dates
by which comments and rebuttals must be received.
SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
(a) DETERMINATION.—
(1) IN GENERAL.—Pursuant to a request made
by an interested party, the President shall determine
whether, as a result of the reduction or elimination
of a duty under the Agreement, a Singaporean tex-
tile or apparel article is being imported into the
United States in such increased quantities, in abso-
lute terms or relative to the domestic market for
that article, and under such conditions that imports
of the article constitute a substantial cause of seri-
ous damage, or actual threat thereof, to a domestic
industry producing an article that is like, or directly
competitive with, the imported article.
(2) SERIOUS
DAMAGE.—In making a deter-
mination under paragraph (1), the President—
(A) shall examine the effect of increased
imports on the domestic industry, as reflected
in changes in such relevant economic factors as
output, productivity, utilization of capacity, in-
ventories, market share, exports, wages, em-
ployment, domestic prices, profits, and invest-
ment, none of which is necessarily decisive; and
(B) shall not consider changes in tech-
nology or consumer preference as factors sup-
porting a determination of serious damage or
actual threat thereof.
(3) SUBSTANTIAL CAUSE.—For purposes of this
subsection, the term ‘‘substantial cause’’ means a
cause that is important and not less than any other
cause.
(b) PROVISION OF RELIEF.—
(1) IN
GENERAL.—If a determination under
subsection (a) is affirmative, the President may pro-
vide relief from imports of the article that is the
subject of such determination, as described in para-
graph (2), to the extent that the President deter-
mines necessary to remedy or prevent the serious
damage and to facilitate adjustment by the domestic
industry.
(2) NATURE OF RELIEF.—The relief that the
President is authorized to provide under this sub-
section with respect to imports of an article is—
(A) the suspension of any further reduc-
tion provided for under Annex 2B of the Agree-
ment in the duty imposed on the article; or
(B) an increase in the rate of duty im-
posed on the article to a level that does not ex-
ceed 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 under the HTS on like articles on
the day before the date on which the
Agreement enters into force.
SEC. 323. PERIOD OF RELIEF.
(a) IN GENERAL.—Subject to subsection (b), the im-
port relief that the President is authorized to provide
under section 322 may not exceed 2 years.
(b) EXTENSION.—
(1) IN GENERAL.—Subject to paragraph (2),
the President may extend the effective period of any
import relief provided under this subtitle if the
President determines that—
(A) the import relief continues to be nec-
essary to remedy or prevent serious damage
and to facilitate adjustment; and
(B) there is evidence that the industry is
making a positive adjustment to import com-
petition.
(2) LIMITATION.—The effective period of any
action under this subtitle, including any extensions
thereof, may not, in the aggregate, exceed 4 years.
SEC. 324. ARTICLES EXEMPT FROM RELIEF.
The President may not provide import relief under
this subtitle with respect to any article if import relief pre-
viously has been provided under this subtitle with respect
to that article.
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
When import relief under this subtitle is terminated
with respect to an article, the rate of duty on that article
shall be the rate that would have been in effect, but for
the provision of such relief, on the date the relief termi-
nates.
SEC. 326. TERMINATION OF RELIEF AUTHORITY.
No import relief may be provided under this subtitle
with respect to an article after the date that is 10 years
after the date on which the provisions of the Agreement
relating to trade in textile and apparel goods take effect
pursuant to article 5.10 of the Agreement.
SEC. 327. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under this subtitle shall be treated as action taken
under chapter 1 of title II of such Act.
SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
The President may not release information which the
President considers to be confidential business informa-
tion unless the party submitting the confidential business
information had notice, at the time of submission, that
such information would be released by the President, or
such party subsequently consents to the release of the in-
formation. To the extent business confidential information
is provided, a nonconfidential version of the information
shall also be provided, in which the business confidential
information is summarized or, if necessary, deleted.
Subtitle C—Cases Under Title II of
the Trade Act of 1974
SEC. 331. FINDINGS AND ACTION ON GOODS FROM SINGA-
PORE.
(a) EFFECT OF IMPORTS.—If, in any investigation
initiated under chapter 1 of title II of the Trade Act of
1974, the Commission makes an affirmative determination
(or a determination which the President may treat as an
affirmative determination under such chapter by reason
of section 330(d) of the Tariff Act of 1930), the Commis-
sion shall also find (and report to the President at the
time such injury determination is submitted to the Presi-
dent) whether imports of the article from Singapore are
a substantial cause of serious injury or threat thereof.
(b) PRESIDENTIAL
DETERMINATION
REGARDING
SINGAPOREAN IMPORTS.—In determining the nature and
extent of action to be taken under chapter 1 of title II
of the Trade Act of 1974, the President shall determine
whether imports from Singapore are a substantial cause
of the serious injury or threat thereof found by the Com-
mission and, if such determination is in the negative, may
exclude from such action imports from Singapore.
TITLE IV—TEMPORARY ENTRY
OF BUSINESS PERSONS
SEC. 401. NONIMMIGRANT TRADERS AND INVESTORS.
Upon a basis of reciprocity secured by the Agree-
ment, an alien who is a national of Singapore (and any
spouse or child (as defined in section 101(b)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1101(b)(1)) of
such alien, if accompanying or following to join the alien)
may, if otherwise eligible for a visa and if otherwise admis-
sible into the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), be considered to
be classifiable as a nonimmigrant under section
101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if
entering solely for a purpose specified in clause (i) or (ii)
of such section 101(a)(15)(E). For purposes of this sec-
tion, the term ‘‘national’’ has the meaning given such term
in Annex 1A of the Agreement.
SEC. 402. NONIMMIGRANT PROFESSIONALS.
Section 214(g)(8) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(8)) is amended—
(1) by amending subparagraph (A) to read as
follows:
‘‘(8)(A) The agreements referred to in section
101(a)(15)(H)(i)(b1) are—
‘‘(i) the United States-Chile Free Trade Agree-
ment; and
‘‘(ii) the United States-Singapore Free Trade
Agreement.’’; and
(2) by amending subparagraph (B)(ii) to read
as follows:
‘‘(ii) The annual numerical limitations described in
clause (i) shall not exceed—
‘‘(I) 1,400 for nationals of Chile (as defined in
article 14.9 of the United States-Chile Free Trade
Agreement) for any fiscal year; and
‘‘(II) 5,400 for nationals of Singapore (as de-
fined in Annex 1A of the United States-Singapore
Free Trade Agreement) for any fiscal year.’’.
Passed the House of Representatives July 24, 2003.
Attest:
Clerk.
108TH CONGRESS
1ST SESSION
H. R. 2739
AN ACT
To implement the United States-Singapore Free
Trade Agreement.