H. R. 4759 
One Hundred Eighth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the twentieth day of January, two thousand and four 
An Act 
To implement the United States-Australia Free Trade Agreement. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘United States- 
Australia Free Trade Agreement Implementation Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE 
AGREEMENT 
Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the Agreement to United States and State law.
Sec. 103. Implementing actions in anticipation of entry into force and initial regula-
tions.
Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed 
actions.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Effective dates; effect of termination.
TITLE II—CUSTOMS PROVISIONS 
Sec. 201. Tariff modifications.
Sec. 202. Additional duties on certain agricultural goods.
Sec. 203. Rules of origin. 
Sec. 204. Customs user fees.
Sec. 205. Disclosure of incorrect information.
Sec. 206. Enforcement relating to trade in textile and apparel goods.
Sec. 207. Regulations.
TITLE III—RELIEF FROM IMPORTS 
Sec. 301. Definitions.
Subtitle A—Relief From Imports Benefiting From the Agreement 
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.
Sec. 313. Provision of relief.
Sec. 314. Termination of relief authority.
Sec. 315. Compensation authority.
Sec. 316. Confidential business information.
Subtitle B—Textile and Apparel Safeguard Measures 
Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.
Sec. 323. Period of relief.
Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.
Sec. 326. Termination of relief authority.
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Sec. 327. Compensation authority.
Sec. 328. Business confidential information.
Subtitle C—Cases Under Title II of the Trade Act of 1974 
Sec. 331. Findings and action on goods from Australia.
TITLE IV—PROCUREMENT 
Sec. 401. Eligible products. 1 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
(1) to approve and implement the Free Trade Agreement 
between the United States and Australia, entered into under 
the authority of section 2103(b) of the Bipartisan Trade Pro-
motion Authority Act of 2002 (19 U.S.C. 3803(b)); 
(2) to strengthen and develop economic relations between 
the United States and Australia for their mutual benefit; 
(3) to establish free trade between the 2 nations through 
the reduction and elimination of barriers to trade in goods 
and services and to investment; and 
(4) to lay the foundation for further cooperation to expand 
and enhance the benefits of such Agreement. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGREEMENT.—The term ‘‘Agreement’’ means the United 
States-Australia Free Trade Agreement approved by Congress 
under section 101(a)(1). 
(2) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff 
Schedule of the United States. 
(3) TEXTILE
OR
APPAREL
GOOD.—The term ‘‘textile or 
apparel good’’ means a good listed in the Annex to the Agree-
ment on Textiles and Clothing referred to in section 101(d)(4) 
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)). 
TITLE I—APPROVAL OF, AND GENERAL 
PROVISIONS 
RELATING 
TO, 
THE 
AGREEMENT 
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT. 
(a) APPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRA-
TIVE ACTION.—Pursuant to section 2105 of the Bipartisan Trade 
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 
151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves— 
(1) the United States-Australia Free Trade Agreement 
entered into on May 18, 2004, with the Government of Australia 
and submitted to Congress on July 6, 2004; and 
(2) the statement of administrative action proposed to 
implement the Agreement that was submitted to Congress on 
July 6, 2004. 
(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.— 
At such time as the President determines that Australia has taken 
measures necessary to bring it into compliance with those provisions 
of the Agreement that are to take effect on the date on which 
the Agreement enters into force, the President is authorized to 
exchange notes with the Government of Australia providing for
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the entry into force, on or after January 1, 2005, of the Agreement 
with respect to the United States. 
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES 
AND STATE LAW. 
(a) RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.— 
(1) UNITED STATES LAW TO PREVAIL IN CONFLICT.—No provi-
sion of the Agreement, nor the application of any such provision 
to any person or circumstance, which is inconsistent with any 
law of the United States shall have effect. 
(2) CONSTRUCTION.—Nothing in this Act shall be con-
strued— 
(A) to amend or modify any law of the United States, 
or 
(B) to limit any authority conferred under any law 
of the United States, 
unless specifically provided for in this Act. 
(b) RELATIONSHIP OF AGREEMENT TO STATE LAW.— 
(1) LEGAL CHALLENGE.—No State law, or the application 
thereof, may be declared invalid as to any person or cir-
cumstance on the ground that the provision or application 
is inconsistent with the Agreement, except in an action brought 
by the United States for the purpose of declaring such law 
or application invalid. 
(2) DEFINITION OF STATE LAW.—For purposes of this sub-
section, the term ‘‘State law’’ includes— 
(A) any law of a political subdivision of a State; and 
(B) any State law regulating or taxing the business 
of insurance. 
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REM-
EDIES.—No person other than the United States— 
(1) shall have any cause of action or defense under the 
Agreement or by virtue of congressional approval thereof; or 
(2) may challenge, in any action brought under any provi-
sion of law, any action or inaction by any department, agency, 
or other instrumentality of the United States, any State, or 
any political subdivision of a State, on the ground that such 
action or inaction is inconsistent with the Agreement. 
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO 
FORCE AND INITIAL REGULATIONS. 
(a) IMPLEMENTING ACTIONS.— 
(1) PROCLAMATION AUTHORITY.—After the date of the enact-
ment of this Act— 
(A) the President may proclaim such actions, and 
(B) other appropriate officers of the United States 
Government may issue such regulations, 
as may be necessary to ensure that any provision of this Act, 
or amendment made by this Act, that takes effect on the 
date the Agreement enters into force is appropriately imple-
mented on such date, but no such proclamation or regulation 
may have an effective date earlier than the date on which 
the Agreement enters into force. 
(2) EFFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS.— 
Any action proclaimed by the President under the authority 
of this Act that is not subject to the consultation and layover 
provisions under section 104, may not take effect before the