220 
‘‘(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 enact-
ment 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 re-
fund of duties owed pursuant to paragraph (1) or 
(2) shall be made to the importer of record or draw-
back 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 ap-
praisement or classification of the imported or with-
drawn merchandise, or for determining the correct 
drawback amount, or for ensuring compliance with 
applicable law, is not available to the Customs Serv-
ice; or 
‘‘(2) the importer of record or drawback claim-
ant, as the case may be, requests such extension and 
shows good cause therefor. 
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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 prescribe. 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 
(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. 
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222 
1593a(h)) is amended by striking ‘‘subsection (g)’’ and in-
serting ‘‘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 enactment 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 consump-
tion 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. 
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223 
Chapter 3—Effective Date 
SEC. 3551. EFFECTIVE DATE. 
Except as otherwise provided in this subtitle, the 
amendments made by this subtitle shall apply with respect 
to goods entered, or withdrawn from warehouse, for con-
sumption, on or after the 15th day after the date of the 
enactment of this Act. 
Subtitle B—Other Trade Provisions 
Chapter 1—Miscellaneous Provisions 
SEC. 3601. TERMINATION OF APPLICATION OF TITLE IV OF 
THE TRADE ACT OF 1974 TO ARMENIA. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Armenia has been found to be in full com-
pliance with the freedom of emigration requirements 
under title IV of the Trade Act of 1974. 
(2) Armenia acceded to the World Trade Orga-
nization on February 5, 2003. 
(3) Since declaring its independence from the 
Soviet Union in 1991, Armenia has made consider-
able 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. 
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224 
(5) Total United States-Armenia bilateral trade 
for 2002 amounted to more than $134,200,000. 
(b) PRESIDENTIAL DETERMINATIONS AND EXTEN-
SIONS OF NONDISCRIMINATORY TREATMENT.—Notwith-
standing 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 para-
graph (1) with respect to Armenia, proclaim the ex-
tension 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 sub-
section (b)(2) of nondiscriminatory treatment to the prod-
ucts of Armenia, title IV of the Trade Act of 1974 shall 
cease to apply to that country. 
SEC. 3602. MODIFICATION TO CELLAR TREATMENT OF NAT-
URAL 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.— 
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225 
‘‘(1) IN GENERAL.—Proper cellar treatment of 
natural wine constitutes— 
‘‘(A) subject to paragraph (2), those prac-
tices and procedures in the United States, 
whether historical or newly developed, of using 
various methods and materials to stabilize 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 prescribed by the Secretary; and 
‘‘(B) subject to paragraph (3), in the case 
of wine produced and imported subject to an 
international agreement or treaty, those prac-
tices and procedures acceptable to the United 
States under such agreement or treaty. 
‘‘(2) RECOGNITION
OF
CONTINUING
TREAT-
MENT.—For purposes 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 treat-
ment in the absence of regulations prescribed by the 
Secretary finding such treatment not to be proper 
cellar treatment within the meaning of this sub-
section. 
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226 
‘‘(3) CERTIFICATION OF PRACTICES AND PRO-
CEDURES FOR IMPORTED WINE.— 
‘‘(A) IN
GENERAL.—In the case of im-
ported wine produced 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 gov-
ernment of the producing country, accom-
panied by an affirmed laboratory analysis, 
that the practices and procedures used to 
produce the wine constitute proper cellar 
treatment under paragraph (1)(A), 
‘‘(ii) the Secretary has on file or is 
provided with such certification, if any, as 
may be required by an international agree-
ment or treaty under paragraph (1)(B), or 
‘‘(iii) in the case of an importer that 
owns or controls or that has an affiliate 
that owns or controls a winery operating 
under a basic permit issued by the Sec-
retary, the importer certifies that the prac-
tices and procedures used to produce the 
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227 
wine constitute proper cellar treatment 
under paragraph (1)(A). 
‘‘(B) AFFILIATE DEFINED.—For purposes 
of this paragraph, 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 par-
ent or subsidiary or any other entity in which 
the winery’s parent or subsidiary has an owner-
ship interest.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on January 1, 2005. 
SEC. 3603. ARTICLES ELIGIBLE FOR PREFERENTIAL TREAT-
MENT UNDER THE ANDEAN TRADE PREF-
ERENCE 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 sec-
tion 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 
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228 
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 reliq-
uidated as if the reduced duty preferential treatment 
applied, and the Secretary of the Treasury shall re-
fund 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 con-
sumption. 
(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 lo-
cated. 
SEC. 3604. 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’’. 
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229 
(2) The table of contents of the Trade Act of 2002 
is amended— 
(A) in the item relating to section 342, by strik-
ing ‘‘customs service’’ and inserting ‘‘Customs Serv-
ice’’; 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. 
(4) Section 221(a)(2)(A) of the Trade Act of 1974 
(19 U.S.C. 2271(a)(2)(A)) is amended by striking ‘‘assist-
ance, and appropriate’’ and inserting ‘‘assistance and ap-
propriate’’. 
(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 in-
serting the following: ‘‘ADVERSELY AFFECTED SEC-
ONDARY 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 ‘‘Sec-
retary)’’. 
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230 
(7) Section 246 of the Trade Act of 1974 is amend-
ed— 
(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 
‘‘246. Supplemental wage allowances demonstration projects.’’. 
(9) Section 296 of the Trade Act of 1974 is amend-
ed— 
(A) in subsection (a)(1)— 
(i) in the matter preceding subparagraph 
(A)— 
(I) by striking ‘‘trade adjustment al-
lowance’’ and inserting ‘‘adjustment assist-
ance under this chapter’’; and 
(II) by striking ‘‘such allowance’’ and 
inserting ‘‘such assistance’’; and 
(ii) in subparagraph (A), by striking ‘‘sub-
section (a)’’ and inserting ‘‘this subsection’’; 
and 
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231 
(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 amend-
ed— 
(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 subparagraph (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 pre-
ceding subparagraph (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 amend-
ed to read as follows: 
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232 
‘‘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 under section 13031(a) of the Consoli-
dated Omnibus Budget Reconciliation 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 2003, the Comptroller Gen-
eral 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 indi-
cate 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 contents may only be disclosed by the Comptroller Gen-
eral to the committees or Members of Congress and the 
Customs Service and shall not be disclosed to the public.’’. 
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233 
(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’’. 
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234 
(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 in-
serting ‘‘101(d)(13)’’ and ‘‘3511(d)(13)’’, respec-
tively; 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) U.S. Note 15 to subchapter II of chapter 99 of 
the Harmonized Tariff Schedule of the United States is 
amended by striking the comma after ‘‘9902.51.11’’. 
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