Omnibus Tariff and Trade Act of 1984
PL 98-573 (H.R.3398), enacted 10/30/1984

98 STAT. 2948 
PUBLIC LAW 98-573—OCT. 30, 1984 
Public Law 98-573 
98th Congress 
An Act 
Oct 30 1984 
To amend the trade laws, authorize the negotiation of trade agreements, extend trade 
' 
preferences, change the tariff treatment with respect to certain articles and for 
[H.R. 3398] 
other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Trade and Tariff 
United States of America in Congress assembled, That this Act with 
Act of 1984. 
the following table of contents may be cited as the "Trade and Tariff 
19 use 1654 
Act of 1984": 
note. 
TITLE I—TARIFF SCHEDULES AMENDMENTS 
Subtitle A—Reference to Tariff Schedules 
Sec. 101. Reference. 
Subtitle B—Permanent Changes in Tariff Treatment 
Sec. 111. Coated textile fabrics. 
Sec. 112. Warp knitting machines. 
Sec. 113. Certain gloves. 
Sec. 114. Pet toys. 
Sec. 115. Water chestnuts and bamboo shoots. 
Sec. 116. Gut for use in manufacture of sterile surgical sutures. 
Sec. 117. Orange juice products. 
Sec. 118. Reimportation of certain articles originally imported duty free. 
Sec. 119. Geophysical equipment. 
Sec. 120. Scrolls or tablets used in religious observances. 
Sec. 121. Steel pipes and tubes used in lampposts. 
Sec. 122. Wearing apparel. 
Sec. 123. Recently developed dairy products. 
Sec. 124. Telecommunications product classification. 
Sec. 125. Fresh asparagus. 
Sec. 126. Chipper knife steel. 
Sec. 127. Implementation of customs convention on containers, 1972. 
Subtitle C—Temporary Changes in Tariff Treatment 
Sec. 131. Fresh, chilled, or frozen brussels sprouts. 
Sec. 132. /3-naphthol. 
Sec. 133. 4-chloro-3-methylphenol. 
Sec. 134. Tetraamino biphenyl. 
Sec. 135. 6-amino-l-naphthol-3-sulfonic acid. 
Sec. 136. DSA. 
Sec. 137. Guanidines. 
Sec. 138. Certain antibiotics. 
Sec. 139. Acetylsulfaguanidine. 
Sec. 140. Fenridazon-potassium. 
Sec. 141. Uncompounded allyl resins. 
Sec. 142. Sulfamethazine. 
Sec. 143. Sulfaguanidine. 
Sec. 144. Terfenadine. 
Sec. 145. Sulfathizole. 
Sec. 146. Sulfaquinoxaline and sulfanilamide. 
Sec. 147. Dicyclomine hydrochloride and mepenzolate bromide. 
Sec. 148. Amiodarone. 
Sec. 149. Desipramine hydrochloride. 
Sec. 150. Clomiphene citrate. 
Sec. 151. Yttrium bearing materials and compounds. 
Sec. 152. Tartaric acid and chemicals. 
Sec. 153. Certain mixtures of magnesium chloride and magnesium nitrate. 
Sec. 154. Nicotine resin complex. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2949 
Sec. 155. Rifampin. 
Sec. 156. Lactulose. 
Sec. 157. Iron-dextran complex. 
Sec. 158. Natural graphite. 
Sec. 159. Zinc. 
Sec. 160. Certain diamond tool blanks. 
Sec. 161. Clock radios. 
Sec. 162. Lace-braiding machines. 
Sec. 163. Certain magnetron tubes. 
Sec. 164. Narrow fabric looms. 
Sec. 165. Umbrella frames. 
Sec. 166. Crude feathers and down. 
Sec. 167. Canned corned beef. 
Sec. 168. Hovercraft skirts. 
Sec. 169. Disposable surgical drapes and sterile gowns. 
Sec. 170. MXDA. 
Sec. 171. 4,4'-Bis(a,a-dimethylbenzyl) diphenylamine. 
Sec. 172. Flecainide acetate. 
Sec. 173. Caffeine. 
Sec. 174. Watch crystals. 
Sec. 175. Unwrought lead. 
Sec. 176. Flat knitting machines. 
Sec. 177. Certain menthol feedstocks. 
Sec. 178. 2-methyl-4-chlorophenol. 
Sec. 179. Unwrought alloys of cobalt. 
Sec. 180. Circular knitting machines. 
Sec. 181. o-Benzyl-p-chlorophenol. 
Sec. 182. Certain benzenoid chemicals. 
Sec. 183. m-Toluic acid. 
Subtitle D—Technical Amendments 
Sec. 191. Technical and conforming amendments. 
Subtitle E—Effective Dates 
Sec. 195. Effective dates. 
TITLE II—CUSTOMS AND MISCELLANEOUS AMENDMENTS 
Subtitle A—Amendments to the Tariff Act of 1930 
Sec. 201. Reference. 
Sec. 202. Drawback. 
Sec. 203. Public disclosure of certain manifest information. 
Sec. 204. Virgin Islands excursion vessels. 
Sec. 205. Unlawful importation or exportation of certain vehicles. 
Sec. 206. Increase in amount for informal entry of goods. 
Sec. 207. Certain country of origin marking requirements. 
Sec. 208. Equipments and repairs of certain vessels exempt from duties. 
Sec. 209. Articles returned from space. 
Sec. 210. Date of liquidation or reliquidation. 
Sec. 211. Operation of certain duty-free sales enterprises. 
Sec. 212. Customs brokers. 
Sec. 213. Seizures and forfeitures. 
Sec. 214. Effective dates. 
Subtitle B—Small Business Trade Assistance 
Sec. 221. E}stablishment of trade remedy assistance office in the United States 
International Trade Commission. 
Subtitle C—Miscellaneous Provisions 
Sec. 231. Foreign trade zone provisions. 
Sec. 232. Denial of deduction for certain foreign advertising expenses. 
Sec. 233. Certain relics and curios. 
Sec. 234. Modification of duties on certain articles used in civil aviation. 
Sec. 235. Products of Caribbean Basin countries entered in Puerto Rico. 
Sec. 236. User fee for customs services at certain small airports. 
Sec. 237. Notification of certain actions by the United States Customs Service. 
Sec. 238. Columbia-Snake Customs District. 
Sec. 239. Reliquidation of certain mass spectrometer systems. 
Sec. 240. Max Planck Institute for Radioastronomy. 
31-194 0 
86 - 19 : QL,3 Part3 
98 STAT. 2950 
PUBLIC LAW 98-573—OCT. 30, 1984 
Sec. 241. Duty-free entry for research equipment for North Dakota State Univer-
sity, Fargo, North Dakota. 
Sec. 242. Duty-free entry for pipe organ for the Crystal Cathedral, Garden Grove, 
California. 
Sec. 243. Duty-free entry for scientific equipment for the Ellis Fischel State Cancer 
Hospital, Columbia, Missouri. 
Sec. 244. Duty-free entry of organs imported for the use of Trinity Cathedral of 
Cleveland, Ohio. 
Sec. 245. Sense of Congress regarding possible EEC action on corn gluten. 
Sec. 246. Study on honey imports. 
Sec. 247. Copper imports. 
Sec. 248. Disapproval of Presidential determinations under section 203 of the Trade 
Act of 1974. 
Sec. 249. Section 201 criteria. 
Sec. 250. Hogs and pork products from Canada. 
Sec. 251. Copjnight protection of computer software. 
TITLE III—INTERNATIONAL TRADE AND INVESTMENT 
Sec. 301. Short title; amendment of Trade Act of 1974. 
Sec. 302. Statement of purposes. 
Sec. 303. Analysis of foreign trade barriers. 
Sec. 304. Amendments to title III of the Trade Act of 1974. 
Sec. 305. Negotiating objectives with respect to international trade in services and 
investment and high technology industries. 
Sec. 306. Provisions relating to international trade in services. 
Sec. 307. Negotiating authority with respect to foreign direct investment. 
Sec. 308. Negotiation of agreements concerning high technology industries. 
TITLE IV—TRADE WITH ISRAEL 
Sec. 401. Negotiation of trade agreements to reduce trade barriers. 
Sec. 402. Criteria for dutjr^free treatment of articles. 
Sec. 403. Application of certain other trade law provisions. 
Sec. 404. Fast track procedures for perishable articles. 
Sec. 405. Construction of title. 
TITLE V—GENERALIZED SYSTEM OF PREFERENCES RENEWAL 
Sec. 501. Short title; statement of purpose. 
Sec. 502. Consideration of a beneficiary developing country's competitiveness in 
extending preferences. 
Sec. 503. Amendments relating to the beneficiary developing country designation 
criteria. 
Sec. 504. Regulations; articles which may not be designated as eligible articles. 
Sec. 505. Limitations on preferential treatment. 
Sec. 506. Extension of the generalized system of preferences and reports. 
Sec. 507. Agricultural exports of beneficiary developing countries. 
Sec. 508. Effective date. 
TITLE VI—TRADE LAW REFORM 
Sec. 601. Reference. 
Sec. 602. Sales for importation. 
Sec. 603. Waiver of verification. 
Sec. 604. Termination or suspension of investigation. 
Sec. 605. Final determination of critical circumstances. 
Sec. 606. Simultaneous investigations. 
Sec. 607. Countervailing duties apply on country-wide basis. 
Sec. 608. Conditional payment of countervailing duties. 
Sec. 609. Initiation of antidumping duty investigations. 
Sec. 610. Duties of customs officers. 
Sec. 611. Reviews and determinations. 
Sec. 612. Definitions and special rules. 
Sec. 613. Upstream subsidies. 
Sec. 614. Reseller's price taken into account in determining purchase price. 
Sec. 615. Foreign market value. 
Sec. 616. Hearings. 
Sec. 617. Subsidies discovered during proceeding. 
Sec. 618. Verification of information. 
Sec. 619. Records of ex parte meetings; release of confidential information. 
Sec. 620. Sampling and averaging in determining United States price and foreign 
market value. 
Sec. 621. Interest. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2951 
Sec. 622. Drawbacks. 
Sec. 623. Elimination of interlocutory appeals. 
Sec. 624. Adjustments study. 
Sec. 625. Industrial targeting studies. 
Sec. 626. Effective dates. 
TITLE VII—AUTHORIZATION OF APPROPRIATIONS FOR CUSTOMS AND 
TRADE AGENCIES 
Sec. 701. United States International Trade Commission. 
Sec. 702. United States Customs Service. 
Sec. 703. Office of the United States Trade Representative. 
TITLE VIII—ENFORCEMENT AUTHORITY FOR THE NATIONAL POLICY FOR 
THE STEEL INDUSTRY 
Sec. 801. Short title. 
Sec. 802. Findings and purposes. 
Sec. 803. Sense of Congress regarding the national policy for the steel industry. 
Sec. 804. Definitions. 
Sec. 805. Enforcement authority. 
Sec. 806. Effective period of title. 
Sec. 807. Department of Labor worker assistance plan. 
Sec. 808. Effective date. 
TITLE IX—ELIMINATION OF BARRIERS TO INTERNATIONAL TRADE IN 
UNITED STATES WINE 
Sec. 901. Short title. 
Sec. 902. Congressional findings and purposes. 
Sec. 903. Definitions. 
Sec. 904. Designation of major wine trading countries. 
Sec. 905. Actions to reduce or eliminate tariff and nontariff barriers affecting 
United States wine. 
Sec. 906. Required consultations. 
Sec. 907. United States wine export promotion. 
TITLE I—TARIFF SCHEDULES AMENDMENTS 
Subtitle A—Reference to Tariff Schedules 
SEC. 101. REFERENCE. 
Whenever in this title an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a schedule, item, headnote 
or other provision, the reference shall be considered to be made to a 
schedule, item, headnote or other provision of the Tariff Schedules 
of the United States (19 U.S.C. 1202). 
Subtitle B—Permanent Changes in Tariff Treatment 
SEC. 
1
1
1
. 
COATED 
TEXTILE 
FABRICS. 
(a) Headnote 5 of schedule 3 is amended to read as follows: 
"5. (a) Except as otherwise provided in subsection (b) of this 
headnote, for the purposes of parts 5, 6, and 7 of this schedule and 
parts 1 (except subpart A), 4, and 12 of schedule 7, in determining 
the classification of any article which is wholly or in part of a fabric 
coated or filled, or laminated, with nontransparent rubber or plas-
tics (which fabric is provided for in part 4C of this schedule), the 
fabric shall be regarded not as a textile material but as being wholly 
of rubber or plastics to the extent that (as used in the article) the 
nontransparent rubber or plastics forms either the outer surface of 
such article or the only exposed surface of such fabric. 
"(b) Any fabric described in part 4C of this schedule shall be 
classified under part 4C whether or not also described elsewhere in 
the schedules.". 
98 STAT. 2952 
PUBLIC LAW 98-573—OCT. 30, 1984 
G
b
) The headnotes to subpart C of part 4 of schedule 3 are 
amended— 
(1) by striking out clause (vii) in headnote 1; and 
(2) by inserting "or value" after "quantities" in headnote 2(c). 
(c) Part 12 of schedule 7 is amended by inserting immediately 
after headnote 1 the following new headnote: 
"2. This part does not cover fabrics, coated or filled, or laminated, 
with rubber or plastics provided for in part 40 of schedule 3.". 
SEC. 112. WARP KNITTING MACHINES. 
(a) Subpart E of part 4 of schedule 6 is amended by striking out 
item 670.20 and inserting in lieu thereof the following new items 
with article descriptions at the same indentation level as the article 
description in item 670.19: 
670.20 
670.21 
Warp knitting machines 
Free 
Other 
5.6% ad val. 
4.7% ad val. 
40% ad val. 
40% ad val. 
(b) Item 912.14 of the Appendix is repealed. 
(cXl) The rate of duty in column numbered 1 for item 670.21 (as 
added by subsection (a)) shall be subject to all staged rate reductions 
for item 670.20 that were proclaimed by the President before the 
date of the enactment of this Act. 
(2) Whenever the rate of duty specified in column numbered 1 for 
such item 670.21 is reduced to the same level as the corresponding 
rate of duty specified in the column entitled "LDDC" for such item, 
or to a lower level, the rate of duty in such "LDDC" column shall be 
deleted. 
SEC. 113. CERTAIN GLOVES. 
Subpart C of part 1 of schedule 7 is amended— 
(1) by amending headnote 1— 
(A) by striking out "and" at the end of paragraph (a), 
(B) by striking out the period at the end of paragraph (b) 
and inserting "; and", and 
(C) by adding at the end thereof the following new 
paragraph: 
"(c) the term 'with fourchettes' includes only gloves which, at 
a minimum, have fourchettes extending from fingertip to fin-
gertip between each of the four fingers."; and 
(2) by amending item 705.85 by striking out "textile fabric" 
and "or side 
walls". 
SEC. 114. PET TOYS. 
Subpart A of part 13 of schedule 7 is amended by inserting 
immediately after item 790.55 the following new item: 
790.57 
Toys for pets, of textile ma-
terials 
8.5% ad val. 
80% ad val. 
SEC. 115. WATER CHESTNUTS AND BAMBOO SHOOTS. 
(a) Items 903.45, 903.50, and 903.55 are repealed. 
(b) Subpart A of part 8 of schedule 1 is amended as follows: 
(1) Item 137.84 is amended by striking out "25% ad val." in 
column 1 and inserting in lieu thereof "Free". 
(2) Item 138.40 is amended by striking out "17.5% ad val." in 
column 1 and inserting in lieu thereof "Free". 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2953 
(c) Subpart C of part 8 of schedule 1 is amended as follows: 
(1) Item 141.70 is amended by striking out "7% ad val." in 
column 1 and inserting in lieu thereof "Free". 
(2) Item 141.78 is amended by striking out "8.1% ad val." in 
column 1, and inserting in lieu thereof "Free". 
SEC. 116. GUT FOR USE IN MANUFACTURE OF STERILE SURGICAL 
SUTURES. 
(a) Subpart C of part 13 of schedule 7 is amended by striking out 
item 792.22 and inserting in lieu thereof the following new items 
with the article description at the same indentation level as the 
article description in item 792.20: 
792.24 
792.26 
If imported for use in the 
manufacture 
of sterile 
surgical sutures 
Other 
5.4% ad val. 
11.2% ad val. 
3.5% ad val. 
7.7% ad val. 
40% ad val. 
40% ad val. 
G)X1) The rate of duty in column numbered 1 for item 792.24 (as 
added by subsection (a)) shall be subject to any staged rate reduc-
tions for item 495.10 which are proclaimed by the President before 
the date of the enactment of this Act. 
(2) Whenever, after the application of paragraph (1), the rate of 
duty provided for item 792.24 in the column numbered 1 is not 
greater than the rate of duty provided for such item in the column 
designated "LDDC", no rate of duty shall be provided for such item 
in the column designated "LDDC". 
(c) The rate of duty in column numbered 1 for item 792.26 (as 
added by subsection (a)) shall be subject to the same staged rate 
reductions that were proclaimed by the President before the date of 
the enactment of this Act for item 792.22. 
SEC. 117. ORANGE JUICE PRODUCTS. 
Subpart A of part 12 of schedule 1 is amended— 
(1) by inserting after item 165.25 the following new items and 
the superior heading thereto, with such superior heading at the 
same indentation level as the article description "Lime" in item 
165.25: 
165.27 
165.29 
Orange: 
Not concentrated and 
not made from a 
juice having a degree 
of concentration of 
1.5 or more (as deter-
mined before correc-
tion to the nearest 
0.5 degree) 
Other 
20( per gal. 
35i per gal. 
70< per gal. 
70< per gal. 
(2) by redesignating items 165.30 and 165.35 as items 165.32 
and 165.36, respectively. 
SEC. 118. REIMPORTATION 
OF 
CERTAIN 
ARTICLES 
ORIGINALLY 
IMPORTED DUTY FREE. 
Item 801.00 is amended— 
(1) by inserting "or which were previously entered free of duty 
pursuant to the Caribbean Basin Economic Recovery Act or title 
V of the Trade Act of 1974" after "previous importation"; and 
97 Stat. 384. 
19 u s e 2701 
note. 
19 u s e 2461. 
98 STAT. 2954 
PUBLIC LAW 98-573—OCT. 30, 1984 
(2) by striking out "lease to a foreign manufacturer" in clause 
(1) and inserting in lieu thereof "lease or similar use agree-
ments". 
SEC. 119. GEOPHYSICAL EQUIPMENT. 
Part 1 of schedule 8 is amended by inserting in numerical se-
quence the following new item with the article description at the 
same indentation level as "Exhibition" in item 802.10: 
802.50 
Rendition of geophysical or 
contracting services in 
connection with the ex-
ploration for, or the ex-
traction or development 
of, natural resources 
Free 
Free 
SEC. 120. SCROLLS OR TABLETS USED IN RELIGIOUS OBSERVANCES. 
Part 4 of schedule 8 is amended— 
(1) by striking out "and 854.30" in headnote 1 and inserting in 
lieu thereof "854.30, and 854.40"; and 
(2) by inserting in numerical sequence the following: 
854.40 
Scrolls or tablets of wood or 
paper, commonly known 
as Gohonzon, imported 
for use in public or pri-
vate 
religious 
observ-
ances, whether or not 
any of the foregoing is 
imported for the use of a 
religious institution 
Free 
Free 
SEC. 121. STEEL PIPES AND TUBES USED IN LAMPPOSTS. 
(a) Subpart F of part 3 of schedule 6 is amended by inserting after 
item 653.37 the following new item with the same indentation as "Of 
brass" in item 653.37: 
653.38 
Tapered steel pipes and 
tubes chiefly 
used as 
parts of illuminating arti-
cles 
11.9% ad val. 7.6% ad val. 
45% ad val. 
Ot)Xl) Notwithstemding any other provision of law, any reduction 
authorized imder section 101 of the Trade Act of 1974 (19 U.S.C. 
2111) in the rate of duty provided in any rate column for item 653.39 
which takes effect after the date of enactment of this Act shall apply 
to the rate of duty provided in the corresponding column for item 
653.38. 
(2) Whenever, after the application of paragraph (1), the rate of 
duty provided for item 653.38 in the column numbered 1 is not 
greater than the rate of duty provided for such item in the column 
designated "LDDC", no rate of duty shall be provided for such item 
in the column designated "LDDC". 
SEC. 122. WEARING APPAREL. 
The headnotes for part 6 of schedule 3 are amended by adding at 
the end thereof the following new headnote: 
"(3Xa) Except as provided in 
flt>) 
of this headnote, each garment is 
to be separately classified under the appropriate tariff item, even if 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2955 
2 or more garments are imported together and designed to be sold 
together at retail. 
"(b) The provisions of paragraph (a) of this headnote shall not 
apply to— 
"(i) suits, 
"(ii) pajamas and other nightwear, 
"(iii) playsuits, washsuits, and similar apparel, 
"(iv) judo, karate, and other oriental martial arts uniforms, 
"(v) swimwear, and 
"(vi) infants' sets designed for children who are not over 2 
years of age.". 
SEC. 123. RECENTLY DEVELOPED DAIRY PRODUCTS. 
(a) Subpart D of part 4 of schedule 1 is amended— 
(1) by adding at the end thereof the following new items with 
the same indentation as "Malted milk" in item 118.30: 
118.35 
118.40 
118.45 
Whey protein concentrate 
Lactalbumin 
Milk protein concentrate.. 
10% ad val. 
Free 
0.20 per lb. 
20% ad val. 
Free 
5.50 per lb. 
and 
(2) by inserting after the title of such subpart the following: 
"Subpart D headnote: 
"1. For purposes of item 118.45, the term 
'milk protein concentrate' means any complete 
milk protein (casein plus albumin) concentrate 
that is 40 percent or more protein by weight.". 
(b) The superior heading for item 493.12 of the Tariff Schedules of 
the United States is amended by inserting "(other than a product 
described in item 118.45)" after "value thereof. 
SEC. 124. TELECOMMUNICATIONS PRODUCT CLASSIFICATION. 
(a) The Schedules are amended as follows: 
(1) Part 5 of schedule 6 is amended— 
(A) by inserting after headnote 5 the following new head-
note: 
"6. For purposes of the tariff schedules, the term 'entertainment 
broadcast band receivers' means those radio receivers designed 
principally to receive signals in the AM (550-1650 kHz) and FM (88-
108 mHz) entertainment broadcast bands, whether or not capable of 
receiving signals on other bands (e.g., aviation, television, marine, 
public safety, industrial, and citizens band).", 
(B) by striking out items 684.62 through 684.64 and insert-
ing, in numerical sequence and subordinate to the superior 
heading to item 684.62, the following new items: 
684.57 
684.58 
Telephonic apparatus and 
instruments 
and 
parts 
thereof: 
Telephone switching ap-
paratus (including pri-
vate branch exchange 
and key system switch-
ing 
apparatus), 
and 
parts and components 
thereof 
Telephone sets and other 
terminal 
equipment 
and parts thereof 
8.5% ad val. 
8.5% ad val. 
35% ad val. 
35% ad val. 
98 STAT. 2956 
PUBLIC LAW 98-573—OCT. 30, 1984 
684.59 
684.63 
684.65 
684.66 
684.67 
Other 
If Canadian article and 
original motor vehicle 
equipment (see head-
note 2, part 6B, sched-
ule 6) 
Other-
Switching apparatus and 
parts thereof 
Terminal apparatus (in-
cluding 
teleprinting 
and 
teletypewriting 
machines) 
and 
parts 
thereof. 
Other 
8.5% ad val. 
Free 
5.6% ad val. 
5.6% ad val. 
5.6% ad val. 
4.7% ad val. 
4.7% ad val. 
4.7% ad val. 
35% ad val. 
35% ad val. 
35% ad val. 
35% ad val. 
(C) by inserting, in numerical sequence, the following new 
item: 
684.80 
Communications 
satellites 
(however provided for in 
this 
part) 
and 
parts 
thereof. 
Free 
Free 
(D) by redesignating 685.10, 685.11, 685.13, 685.14, 685.15, 
685.16, 685.17, 685.18, 685.20, 685.22, 685.33, 685.34, and 
685.36 as 684.90, 684.92, 684.94, 684.96, 684.98, 685.00, 
685.02, 685.04, 685.06, 685.08, 685.36, 685.37, and 685.38 
respectively. 
(E) by striking out items 685.23 through 685.31, including 
the superior headings thereto, and inserting in lieu thereof 
the following new items: 
685.10 
685.12 
685.14 
685.16 
686.18 
685.20 
685.22 
685.24 
685.25 
685.28 
685.30 
685.32 
other 
(tube-
Other: 
Radio 
receivers, 
than solid-state 
less) 
Jolid-state (tubeless) 
radio receivers: 
Designed for motor-ve-
hicle installation 
Other: 
Entertainment broad-
cast band receivers. 
Other 
Transceivers: 
Citizens band: 
Hand-held 
Other 
Low-power 
radiotele-
phonic 
transceivers 
operating on frequen-
cies from 49.82 to 
49.90 mHz 
Other transceivers 
Other 
transmission 
ap-
paratus incorporating 
reception apparatus: 
Cordless handset tele-
phones 
Other 
Other: 
Transmitters 
Other, 
including 
parts... 
6% ad 
val. 
8.9% ad 
val. 
7.7% 
ad 
val. 
7.7% 
ad 
val. 
6% ad 
val. 
6% ad 
val. 
3.8% 
ad 
val. 
6% ad 
val. 
6% ad 
val. 
6% ad 
val. 
6% ad 
val. 
6% ad 
val. 
8 % ad 
val. 
% ad 
val. 
% ad 
val. 
2.4% 
ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
3 5 % ad 
val. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2957 
685.34 
Radiotelegraphic 
and 
radio-telepnoiiic trans-
mission and reception 
apparatus, and radio-
broadcasting transmis-
sion and reception ap-
paratus, if certified for 
use in civil aircraft (see 
headnote 3, part 6C, 
schedule 6) 
Free 
(F) by inserting, in numerical sequence and at the same 
hierarchical level as the article description for item 685.40, 
the following new item: 
685.39 
Telephone answering ma-
chines, and parts there-
of 
4.5% ad val. 
3.9% ad val. 
35% ad val. 
(G) by striking out the article description for item 685.40 
and inserting in lieu thereof the following: "Tape recorders 
and dictation recording and transcribing machines (other 
than telephone answering machines), and parts thereof, 
(H) by striking out item 685.50 and inserting in lieu 
thereof the following: 
685.48 
685.49 
Other 
Articles designed for con-
nection to telegraphic 
or telephonic apparatus 
or instruments or to 
tel^raphic or telephon-
ic networks 
Other 
5.9% ad val. 
5.9% ad val. 
4.9% ad val. 
4.9% ad val. 
35% ad val. 
35% ad val. 
(I) by striking out item 688.15 and inserting, in numerical 
sequence and subordinate to the superior heading to item 
688.10, the following new items: 
688.17 
688.18 
Other: 
With modular telephone 
Other 
5.8% ad val. 
5.8% ad val. 
5.3% ad val. 
5.3% ad val. 
35% ad val. 
35% eid val. 
(J) by redesignating item 688.16 as item 688.19, with the 
article description therefor subordinate to the article de-
scription for item 688.18 (as added by subparagraph (I)), and 
(K) by striking out item 688.43 and inserting, in numeri-
cal sequence and subordinate to the superior heading to 
item 688.34, the following new items: 
688.41 
688.42 
Other: 
Articles designed for con-
nection to telegraphic 
or telephonic apparatus 
or instruments or to 
telegraphic or telephon-
ic networks 
Other 
4.5% ad val. 
4.5% ad val. 
3.9% ad val. 
3.9% ad val. 
35% ad val. 
35% ad val. 
(2) Subpart A of part 2 of schedule 7 is amended— 
(A) by inserting in numerical sequence the following new 
item: 
98 STAT. 2958 
PUBLIC LAW 98-573—OCT. 30, 1984 
707.90 
Optical fibers, whether or 
not in bundles, cables or 
otherwise put up, with or 
without connectors and 
whether mounted or not 
mounted 
13.1% ad val. 
8.4% ad val. 
65% ad val. 
and 
(B) by redesignating items 708.09 and 708.29 as 708.10 and 
708.80, respectively. 
(3) Subpart A of part 3 of schedule 8 is amended by striking 
out the superior her-ding to item 837.00 and inserting in lieu 
thereof the following: "Articles for the National Aeronautics 
and Space Administration and articles (other than communica-
tions satellites and parts thereof) imported to be launched into 
space under launch services agreements with the National 
Aeronautics and Space Administration:". 
(4) Subpart B of part 3 of schedule 8 is amended by striking 
out the superior heading to item 842.10 and inserting in lieu 
thereof the following: "Upon the request of the Department of 
State, articles (other than communications satellites and parts 
thereof) which are the property of a foreign government or of a 
public international organization:". 
(b)(1) The rate of duty in column numbered 1 of the Schedules (as 
added or redesignated by subsection (a)) for each item set forth 
below in the column headed "A" in the table under paragraph (3) 
shall be subject to all staged rate reductions for the corresponding 
item set forth below in the column headed "B" in such table which 
were proclaimed by the President before the date of the enactment 
of this Act. 
(2) Whenever the rate of duty specified in column numbered 1 of 
the Schedules for each item set forth below in the column headed 
"A" in the table under paragraph (3) is reduced to the same level, or 
to a lower level, as the corresponding rate of duty specified in the 
column entitled "LDDC" of the Schedules for such item, the rate of 
duty in such "LDDC" column shall be deleted. 
(3) The table referred to in paragraphs (1) and (2) is as follows: 
(A) 
(B) 
684.65 
684.64 
684.66 
684.64 
684.67 
684.64 
684.90 
685.10 
684.94 
685.13 
685.00 
685.16 
685.04 
685.18 
685.06 
685.20 
685.08 
685.22 
685.12 
685.23 
685.14 
685.24 
685.16 
685.24 
685.22 
685.26 
685.36 
685.33 
685.37 
685.34 
685.38 
685.36 
685.39 
685.40 
685.48 
685.50 
685.49 
685.50 
688.17 
688.15 
688.18 
688.15 
688.41 
688.43 
688.42 
688.43 
707.90 
708.29 
708.10 
708.09 
708.30 
708.29 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2959 
(c) Subsection (a) of section 322 of the Tariff Act of 1930 (19 U.S.C. 
1322(a)) is amended by adding at the end thereof the following new 
sentence: "The authority delegated to the Secretary by this subsec-
tion shall not extend to communications satellites and components 
and parts thereof.". 
SEC. 125. FRESH ASPARAGUS. 
Subpart A of part 8 of schedule 1 is amended by adding before the 
superior heading to items 135.10 through 135.17 (and at equivalent 
indentation with such heading and items) the following new items: 
135.03 
135.05 
Asparagus: 
If fresh or chilled; en-
tered 
during 
the 
period from Septem-
ber 15 to November 
15, inclusive, in any 
year; and transported 
to the United States 
by air 
Other 
5% ad val. 
25% ad val. 
50% ad val. 
50% ad val. 
SEC. 126. CHIPPER KNIFE STEEL. 
Effective with respect to articles entered, or withdrawn from 
warehouse for consumption— 
(3) Paragraphs (1) and (2) of section 126 of the bill are amended to 
read as follows: 
(1) on or after April 1,1985— 
(A) item 606.93 is amended by striking out "8.3% ad val. 
+ additional duties (see headnote 4)" and inserting in lieu 
thereof "2% ad val.", 
(B) such item 606.93 is further amended by striking out 
"6% ad val. + additional duties (see headnote 4)" in the 
LDDC column, and 
(C) item 911.29 of the Appendix is repealed; and 
(2) on or after April 1, 1986, item 606.93 is amended bv 
striking out "2% ad val." and inserting in lieu thereof "Free . 
SEC. 127. IMPLEMENTATION OF CUSTOMS CONVENTION ON CONTAINERS, 
1972. 
(a) Subpart C of part 1 of schedule 8 is amended— 
(1) by amending headnote 1 to such subpart by inserting ", 
accessories and equipment" immediately before the period at 
the end thereof; and 
(2) by amending the article description for item 808,00 by 
striking out ", and repair components" and all that follows 
thereafter and inserting in lieu thereof ", repair components for 
containers of foreign production which are instruments of inter-
national traffic, and accessories and equipment for such con-
tainers, whether the accessories and equipment are imported 
with a container to be reexported separately or with another 
container, or imported separately to be reexported with a 
container.". 
(b) Subsection (a) of section 322 of the Tariff Act of 1930 (19 U.S.C. 
1322(a)) is amended by striking out "granted the customary excep-
tions" and inserting in lieu thereof "excepted". 
Supra. 
98 STAT. 2960 
PUBLIC LAW 98-573—OCT. 30, 1984 
Subtitle C—Temporary Changes in Tariff Treatment 
SEC. 131. FRESH, CHILLED, OR FROZEN BRUSSELS SPROUTS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new items: 
903.29 
903.33 
Brussels 
sprouts, 
fresh, 
chilled, or frozen, but not 
reduced in size and not 
otherwise 
prepared 
or 
preserved (provided for in 
Item 137.71, part 8A, 
schedule 1) 
Brussels 
sprouts, 
fresh, 
chilled, or frozen, and 
cut, sliced or otherwise 
reduced in size, but not 
otherwise 
prepared 
or 
preserved (provided for in 
Item 138.46, part 8A, 
schedule 1) 
12.5% ad val. 
7% ad val. 
No change 
No change 
On or before 
12/31/87 
On or before 
12/31/87 
SEC. 132. /3-NAPHTHOL. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.31 
/3-Naphthol (provided for in 
item 403.29, part 
IB, 
schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 133. 4-CHLORO-3-METHYLPHENOL. 
Item 907.08 of the Appendix is amended by striking out "6/30/84" 
and inserting in lieu thereof "12/31/87". 
SEC. 134. TETRAAMINO BIPHENYL. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.32 
(pi 
vided for in item 404.90, 
part IC, schedule 4) 
Free 
No change 
On or before 
12/31/88 
SEC. 135. 6-AMINO-1-NAPHTHOL-3-SULFONIC ACID. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.34 
6-Amino-l-naphthol-3-
sulfonic acid (provided for 
in item 405.00, part IB, 
schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 136. DSA. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2961 
907.35 
2-(4-Aminophenyl)-6-
methylbenzo-thiazole-7-
sulfonic acid (provided for 
in item 406.39, part IB, 
schedule 4) 
i 
Free 
No change 
On or before 
12/31/87 
SEC. 137. GUANIDINES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
906.50 
Diphenyl guanidine and di-
o-tolyl guanidine (provid-
ed for in item 405.52, part 
IB, schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 138. CERTAIN ANTIBIOTICS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
906.51 
(6R,7R>-7-[(R)-2-Amino-2-
phenylacetamido>3-
methyl-8-oxo-54hia-l-
azabicyclo(4.2.0]octr2«ne-
2-carboxybc 
acid 
disol-
vate (provided for in item 
406.42, part IB, schedule 
4) 
Free 
No change 
On or before 
12/31/87 
SEC. 139. ACETYLSULFAGUANIDINE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.33 
Acebrlsulfaguanidine 
(pro-
vided for in item 406.56, 
part IB, schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 140. FENRIDAZON-POTASSIUM. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.41 
Mixtures of potassiimi Mp-
chlorophenyl)-l,4-dihydro-
6-methyl-4-oxopyridazine-
3-caifooxylate 
('fenrida-
zon-potassium') and for-
mulation adjuvants (pro-
vided for in item 408.38, 
part IC, schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 141. UNCOMPOUNDED ALLYL RESINS. 
Item 907.16 of the Appendix is amended by striking out "9/30/84" 
and inserting in lieu thereof "12/31/87". 
98 STAT. 2962 
PUBLIC LAW 98-573—OCT. 30, 1984 
SEC. 142. SULFAMETHAZINE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.36 
Sulfamethazine 
(provided 
for in item 411.24, part 
IC, schedule 4) 
Free 
Free 
O n or 
before 
12/31/87 
SEC. 143. SULFAGUANIDINE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.37 
Sulfaguanidine 
(provided 
for in item 411.27, peut 
IC, schedule 4) 
Free 
Free 
On or before 
12/31/87 
SEC. 144. TERFENADINE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.25 
Terfenadine (provided for in 
item 411.58, part 
IC, 
schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 145. SULFATHIAZOLE. 
(a) Item 907.19 is amended to read as follows: 
907.19 
Sulfathiazole (provided for 
in item 411.80, part IC, 
schedule 4) 
Free 
Free 
On or before 
12/31/87 
(h) Section 136 0)) and (c) of the Act entitled "An Act to reduce 
certain duties, to suspend temporarily certain duties, to extend 
certain existing suspensions of duties, and for other purposes" (ap-
96 Stat. 2341. 
proved January 12,1983; Public Law 97-446) is repealed. 
SEC. 146. SULFAQUINOXALINE AND SULFANILAMIDE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.38 
Sulfaquinoxedine and sulfa-
nilamide (provided for in 
item 411.87, part 
IC, 
schedule 4) 
Free 
Free 
On or before 
12/31/87 
SEC. 147. DICYCLOMINE HYDROCHLORIDE AND MEPENZOLATE BROMIDE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2963 
906.53 
Dicyclomine hydrochloride 
and mepenzolate bromide 
(provided for in item 
412.02, part IC, schedule 
4) 
Free 
No change 
On or before 
12/31/87 
SEC. 148. AMIODARONE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following: 
907.18 
Amiodarone (provided for 
in item 412.12, part IC, 
schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 149. DESIPRAMINE HYDROCHLORIDE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
906.54 
Desipramine hydrochloride 
(provided for in item 
412.35, part IC, schedule 
4) 
Free 
No change 
On or before 
12/31/87 
SEC. 150. CLOMIPHENE CITRATE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.42 
Clomiphene citrate (provid-
ed for in item 412.50, part 
IC, schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 151. YTTRIUM BEARING MATERIALS AND COMPOUNDS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.51 
Yttrium bearing materials 
and compounds contain-
ing by weight more than 
19% but less than 85% 
yttrium oxide equivalent 
(provided for in items 
423.00 or 423.96, part 2C, 
schedule 
4, 
or 
item 
603.70, part 1, schedule 6).. Free 
No change 
On or before 
12/31/88 
SEC. 152. TARTARIC ACID AND CHEMICALS. 
Items 907.65, 907.66, 907.68, and 907.69 of the Appendix are each 
amended by striking out "6/30/84" and inserting in lieu thereof 
"12/31/88". 
SEC. 153. CERTAIN MIXTURES OF MAGNESIUM CHLORIDE AND MAGNE-
SIUM NITRATE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
98 STAT. 2964 
PUBLIC LAW 98-573—OCT. 30, 1984 
906.52 
Mixtures 
of 
5^:hloro-2-
methyl-4-i8othiazolia-^ 
one, 2-methyl-4-isothiazo-
lin-S-one, 
magnesium 
chloride, and magnesium 
nitrate (provided for in 
item 432.25, part 2E. 
schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 154. NICOTINE RESIN COMPLEX. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.63 
Nicotine 
resin 
complex 
(provided for in item 
^.13, part 3B, schedule 
4) 
Free 
No change 
On or before 
12/31/87 
SEC. 155. RIFAMPIN. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
906.99 
Rifampin (provided for in 
item 437.32, part 3B, 
schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 156. LACTULOSE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.76 
Lactulose ^mmded for in 
item 439.50, part 3C, 
schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 157. IRON-DEXTRAN COMPLEX. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.79 
Iron-dextran complex (pro-
vided for in item 44().00, 
part 3C, schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 158. NATURAL GRAPHITE. 
Item 909.01 of the Appendix is amended by striking out "12/31/ 
84" and inserting in lieu thereof "12/31/87". 
SEC. 159. ZINC. 
Items 911.00, 911.01, 911.02, and 911.03 of the Appendix are each 
amended by striking out "6/30/84" and inserting in lieu thereof 
"12/31/89". 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2965 
SEC. 160. CERTAIN DIAMOND TOOL BLANKS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
910.00 
Tool 
blanks 
and 
drill 
blanks, wholly or in chief 
value of industrial dia-
monds (provided for in 
item 520.21, part IH, or 
item 
523.91, 
part 
IK, 
schedule 5) 
Free 
30% ad val. 
On or before 
12/31/87 
SEC. 161. CLOCK RADIOS. 
Item 911.95 of the Appendix is amended by striking out "9/30/84" 
and inserting in lieu thereof "12/31/86". 
SEC. 162. LACE-BRAIDING MACHINES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
912.11 
Decorative 
lace-braiding 
machines using the jac-
quard system, and parts 
thereof (provided for in 
items 670.25 and 670.74, 
part 4E, schedule 6) 
Free 
No change 
On or before 
12/31/87 
SEC. 163. CERTAIN MAGNETRON TUBES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
912.02 
Magnetron tubes with an 
operating 
frequency 
of 
2.450 GHz and a mini-
mum power of at least 
300 watts and a maxi-
mum pxjwer not greater 
than 2000 watts (provided 
for in item 684.28, part 5, 
schedule 6) 
Free 
No change 
On or before 
12/31/86 
SEC. 164. NARROW FABRIC LOOMS. 
(a) Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
912.04 
Power driven weaving ma-
chines for weaving fabrics 
not over 
12 inches in 
width 
(provided 
for 
in 
item 
670.14, 
part 
4E, 
schedule 6) 
Free 
No change 
On or before 
12/31/87 
(h) Subpart E of part 4 of schedule 6 is amended by adding the 
following new headnote: 
98 STAT. 2966 
PUBLIC LAW 98-573—OCT. 30, 1984 
"Subpart E headnote: 
1. ^or purposes of ap-
plying item 670.74 to 
parts of articles provided 
for under item 912.04, 
any such inrt that is en-
tered, or withdrawn from 
warehouse for consump-
tion, during the effective 
period of item 912.04 
shall be dutiable at the 
rate that would apply if 
that item had not Men 
enacted.". 
SEC. 165. UMBRELLA FRAMES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical order the following new item: 
912.45 
Frames for hand-held um-
brellas chiefly used for 
protection against rain 
(provided for in item 
751.20, part 8B, schedule 
7) 
Free 
No change 
On or before 
12/31/86 
SEC. 166. CRUDE FEATHERS AND DOWN. 
Items 903.70 and 903.80 of the Appendix are each amended by 
striking out "On or before 6/30/84" and inserting in lieu thereof 
"On or before 12/31/87". 
SEC. 167. CANNED CORNED BEEF. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
903.15 
Corned beef in airtight con-
tainers (provided for in 
item 107.48, part 2B, 
schedule 1) 
3% ad val. 
No change 
On or before 
12/31/89 
SEC. 168. HOVERCRAFT SKIRTS. 
Item 905.40 of the Appendix is amended— 
(1) by striking out "manmade" and inserting in lieu thereof 
"man-made", and 
(2) by striking out "6/30/83" and inserting in lieu thereof 
"12/31/87". 
SEC. 169. DISPOSABLE SURGICAL DRAPES AND STERILE GOWNS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2967 
905.50 
Bonded fiber fabric dispos-
able gowns, sterilized or 
in immediate packings 
ready for sterilization, for 
use in performing surgi-
cal procedures, of man-
made fibers (provided for 
in 
items 
379.96 
and 
383.92, part 6F, schedule 
3) and bonded fiber fabric 
disposable 
surgical 
drapes, 
of 
manmade 
fibers (provided for in 
item 389.62, part 7B, 
schedule 3) 
5.6% ad val. 
26.5% ad val. On or before 
12/31/88 
SEC. 170. MXDA. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new items: 
907.03 
907.04 
m-Xylenediamine (provided 
for in item 404.88, part 
IB, schedule 4) 
1,3-Bis[aminomethyl] 
cyclohexane (provided for 
in item 407.05, part IB, 
schedule 4) 
Free 
Free 
No change 
No change 
On or before 
12/31/87 
On or before 
12/31/87 
SEC. 171.4,4-BIS(a,a-DIMETHYLBENZYL) DIPHENYLAMINE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following item: 
907.06 
4,4'-Bis(a,a-dimethyl-
benzjrl) diphenylamine 
(provided for in item 
404.88, part IB, schedule 
4) 
Free 
No change 
On or before 
12/31/87 
SEC. 172. FLECAINIDE ACETATE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.21 
Flecainide acetate (provided 
for in item 412.12, part 
IC, schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 173. CAFFEINE. 
Item 907.22 of the Appendix is amended— 
(1) by striking out "6% ad val." and inserting in lieu thereof 
"4.1% ad val."; and 
(2) by striking out "12/31/83" and inserting in lieu thereof 
"12/31/87". 
SEC. 174. WATCH CRYSTALS. 
(a) Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
98 STAT. 2968 
PUBLIC LAW 98-573—OCT. 30, 1984 
909.40 
Watch glasses other than round 
watch glasses (provided for in 
item 547.13, part 3C, schedule 
5) 
Rates of Duty 
1 
5.9% ad 
val. 
LDDC 
4.9% ad 
val. 
2 
No 
change 
On or 
before 
12/31/ 
87 
(b) Effective with respect to articles provided for in item 909,40 (as 
added by subsection (a)) that are entered, or withdrawn from ware-
house for consumption, on or after each of the dates set forth below, 
column 1 for such item is amended by striking out the rate of duty 
in effect on the day before such date and inserting in lieu thereof 
the rate of duty appearing below next to each such date: 
Date: 
Rate of duty: 
January 1,1985 
5.6% ad val. 
January 1,1986 
5.2% ad val. 
SEC. 175. UNWROUGHT LEAD. 
(a) Item 911.50 of the Appendix is amended by striking out 
"6/30/83" and inserting in lieu thereof "12/31/88". 
94 Stat. 3557. 
(b) Section 114 of Public Law 96-609 is amended by striking out 
"July 1,1983" in subsection 0)) and inserting in lieu thereof "Janu-
ary 1,1989". 
SEC. 176. FLAT KNITTING MACHINES. 
Item 912.13 of the Appendix is amended— 
(1) by striking out "(provided for in item 670.19 or 670.20," 
and inserting in lieu thereof ", and parts thereof (provided for in 
items 670.19, 670.20, and 670.74,"; and 
(2) by striking out "6/30/83" and inserting in lieu thereof 
"12/31/88". 
SEC. 177. CERTAIN MENTHOL FEEDSTOCKS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.13 
Mixtures containing 
not 
less than 90 percent by 
weight of stereoisomers 
of 
2-isopropyl-5-methyl-
cyclohexanol, but contain-
ing not more than 30 per-
cent by weight of any one 
such stereoisomer (provid-
ed for in item 407.16, part 
IB, schedule 4) 
Free 
No change 
On or before 
12/31/87 
SEC. 178.2-METHYL-4-CHLOROPHENOL. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
906.97 
2-Methyl-4-chlorophenol 
(provided for in item 
403.56, part IB, schedule 
4) 
Free 
No change 
On or before 
12/31/87 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2969 
SEC. 179. UNWROUGHT ALLOYS OF COBALT. 
Item 911.90 of the Appendix is amended by striking out "6/30/83" 
and inserting in lieu thereof "12/31/87". 
SEC. 180. CIRCULAR KNITTING MACHINES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item with a superior heading 
that has the same indentation as "Powerdriven" in item 912.13: 
912.17 
Cylinder, double cylinder, 
and dial knitting ma-
chines and parts thereof, 
all the foregoing designed 
for sweater strip or gar-
ment 
length 
knitting 
(provided for in items 
670.17 and 670.74, part 
4E, schedule 6) 
Free 
No change 
On or before 
12/31/89 
SEC. 181. o-BENZYL-p-CHLOROPHENOL. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.23 
o-Benzyl-pKjhlorophenol 
(provided for in item 
408.16, part IC, schedule 
4) 
Free 
No change 
On or before 
12/31/87 
SEC. 182. CERTAIN BENZENOID CHEMICALS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new items: 
906.30 
906.32 
906.38 
3,5,6-Trichlorosalicylic acid 
(provided for in item 
404.46, part IB, schedule 
4) 
m-Aminophenol 
(provided 
for in item 404.92, part 
IB, schedule 4) 
p-Acetamidobenzenesulfo-
nyl chloride (N-Acetylsul-
fanilyl chloride) (provided 
for in item 405.33, part 
IB, schedule 4) 
Free 
Free 
Free 
Free 
Free 
Free 
On or before 
12/31/87 
On or before 
12/31/87 
On or before 
12/31/87 
SEC. 183. m-TOLUIC ACID. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
906.57 
m-Toluic acid (provided for 
in item 404.28, part IB, 
schedule 4) 
Free 
No change 
On or before 
12/31/87 
98 STAT. 2970 
PUBLIC LAW 98-573—OCT. 30, 1984 
Subtitle D—Technical Amendments 
SEC. 191. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) The schedules are further amended as follows: 
19 use 1202. 
(1) Headnote 9(a) of the general headnotes is amended by 
striking out "warehouse, for consmnption" and inserting in lieu 
thereof "warehouse for consumption,". 
(2) The superior heading to items 346.05 and 346.10 and the 
superior heading to items 346.15 through 346.24 are each 
amended by striking out "Fabric" and inserting in lieu thereof 
"Fabrics". 
(3) The article description for item 535.13 is amended by 
aligning the indentation of that description with that of the 
article description for item 535.12. 
(4) Headnote l(ii) to subpart D of part 6 of schedule 6 is 
amended by striking out "5(e)" and inserting in lieu thereof 
"5(g)". 
(5) Item 642.34 is amended by striking out "12% ad val." and 
inserting in lieu thereof "10% ad val.". 
(6) Headnote 6 to subpart E of part 2 of schedule 7 is 
amended— 
(A) by striking out "through (h)" in paragraph (a) and 
inserting in lieu thereof "through (ij)"; 
(B) by striking out "paragraph (c)" in paragraph (b) and 
inserting in lieu thereof "paragraph (d)"; 
(C) by striking out "paragraph (d)" in subparagraph 
(d)(ii)(I) and inserting in lieu thereof "paragraph (e)"; and 
(D) by redesignating paragraph (i) as paragraph (ij). 
(7) Item 737.73 is amended by inserting a conmia immediately 
after "ware". 
(8) The article description for each of items 745.41 and 745.42 
is amended by aligning the indentation of that description with 
that of the article description for item 745.34. 
(9) The article description for each of items 870.50, 870.55, and 
870.60 is amended by aligning the indentation of that descrip-
tion with that of the article description for item 870.25. 
(b) The Appendix is amended as follows: 
(1) The article description for item 903.25 is amended to read 
as follows: "Culled carrots, fresh or chilled, in immediate con-
tainers each holding more than 100 poimds (provided for in item 
135.42, part 8A, schedule 1), if entered for consumption during 
the period from August 15 in any year to the 15th day of the 
following February, inclusive". 
(2) Item 906.10 is amended by striking out "386.09" and 
inserting in lieu thereof "386.13". 
(3) The article description for item 906.12 is amended— 
(A) by aligning the indentation of that description with 
that of the article description for item 906.10; and 
(B) by inserting ", part 6F," after "383.50". 
(4) The article description for item 907.00 is amended to read 
as follows: "p-Hydroxybenzoic acid (provided for in item 404.42, 
part IB, schedule 4)". 
(5) The article description for item 907.01 is amended to read 
as follows: "Triphenyl phosphate (provided for in item 409.34, 
part IC, schedule 4)". 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2971 
(6) The article description for item 907.14 is amended to read 
as follows: "Mixtures of 3-ethylbiphenyl (m-ethylbiphenyl) and 
4-ethylbiphenyl (p-ethylbiphenyl) (provided for in item 407.16, 
part IB, schedule 4)". 
(7) The article description for item 907.15 is amended to read 
as follows: "l,l-Bis(4-chlorophenyl)-2,2,2-trichloroethanol (Dico-
fol) (provided for in item 408.28, part IC, schedule 4)". 
(8) Item 912.30 is amended by striking out "737.21,". 
(c) The Educational, Scientific, and Cultural Materials Importa-
tion Act of 1982 (Public Law 97-446,19 U.S.C. 1202 note) is amended 
as follows: 
(1) Section 162 is amended by inserting a comma after "Archi-
tectural" in the article description for item 273.52 (as set forth 
in paragraph (2) of such section). 
(2) Section 163(c) is amended— 
(A) by striking out "headnote 2 as headnote 1," in para-
graph (1) and inserting in lieu thereof "headnotes 2 and 3 as 
headnotes 1 and 2, respectively,"; and 
(B) by striking out "models) and wall charts of an educa-
tional, scientific or cultural character," and inserting in 
lieu thereof "models), globes, and wall charts of an educa-
tional, scientific or cultural character;" in the article 
description for item 870.35 (as set forth in paragraph (3) of 
such section). 
(3) Section 165 is amended— 
(A) by redesignating items 870.50, 870.55, and 870.60 (as 
set forth in subsection (b)(1) of such section) as items 870.65, 
870.66, and 870.67, respectively; 
(B) by aligning the indentation of the article description 
of item 870.67 (as redesignated by paragraph (1)) with the 
indentation of "Articles for the blind:" immediately preced-
ing items 870.65 and 870.66 (as so redesignated); 
(C) by amending headnote 2 of part 7 of schedule 8 (as set 
forth in subsection (b)(2) of such section)— 
(i) by redesignating it as headnote 3; and 
(ii) by striking out "870.50, 870.55, and 870.60—" and 
inserting in lieu thereof "870.65, 870.66, and 870.67—". 
(d) Section 504 of the Tariff Act of 1930 (19 U.S.C. 1504) is 
amended— 
(1) by striking out ", his consignee, or agent" in subsection (a) 
and inserting in lieu thereof "of record"; 
(2) by striking out ", his consignee, or agent" and ", consignee, 
or his agent" in subsection Ot)) and inserting in lieu thereof "of 
record"; 
(3) by striking out "or consignee" each place it appears in 
subsection (c) and inserting in lieu thereof "of record"; and 
(4) by striking out ", his consignee, or agent" in subsection (d) 
and inserting in lieu thereof "of record". 
(e) Headnote 3(a)(i) of the general headnotes and rules of interpre- 
19 USC 1202. 
tation is amended by striking out "of schedule 7, part 2, subpart E, 
and except as provided in headnote 4 of schedule 7, part 7, subpart 
A" and inserting in lieu thereof "of subpart E of part 2 of schedule 7, 
and except as provided in headnote 3 of subpart A of part 7 of 
schedule 7". 
98 STAT. 2972 
PUBLIC LAW 98-573—OCT. 30, 1984 
Subtitle E—Effective Dates 
SEC. 195. EFFECTIVE DATES. 
19 use 1322 
(a) Except as provided in section 126 and in subsections (b) and (c), 
^ot®- 
the amendments made by subtitles B, C, and D shall apply with 
respect to articles entered on or after the 15th day after the date of 
the enactment of this Act. 
19 use 1322 
(b)(1) The amendment made by sections 117 and 124 shall apply 
note. 
with respect to articles entered on or after January 1,1985. 
(2) The amendments made by section 127 shall apply with respect 
to articles entered on or after a date to be proclaimed by the 
President which shall be consonant with the entering into force for 
29 UST 3707. 
the United States of the Customs Convention on Containers, 1972. 
19 use 1514. 
(c)(1) Notwithstanding section 514 of the Tariff Act of 1930 or any 
other provision of law, upon proper request filed with the customs 
officer concerned on or before the 90th day after the date of the 
enactment of this Act the entry of any article described in para-
graph (2) shall be treated as provided in such paragraph. 
(2)(A) In the case of the application of any amendment made by 
section 133, 141, 145, 152, 159, 161, 166, 168, 173, 175, 176, or 191 (a) 
or (b) to any entry— 
(i) which was made after the applicable date and before the 
15th day after the date of the enactment of this Act; and 
(ii) with respect to which there would have been no duty or a 
lesser duty if the amendment made by such section applied to 
such entry; 
such entry shall be liquidated or reliquidated as though such entry 
had been made on the 15th day after the date of the enactment of 
this Act. 
(B) For purposes of subparagraph (A), the term "applicable date" 
means— 
(i) in the case of section 191 (a) or (b), January 12, 1983, 
(ii) in the case of sections 168, 175, and 176, June 30, 1983, 
(iii) in the case of section 173, December 31,1983, 
(iv) in the case of sections 133, 152, 159, and 166, June 30, 
1984, 
(v) in the case of section 145, January 1,1984, and 
(vi) in the case of sections 141 and 161, September 30, 1984. 
(C) In the case of the application of any amendment made by 
section 140 or 153 to any entry— 
(1) that was made before the 15th day after the date of the 
enactment of this Act; 
(2) that was unliquidated, or the liquidation of which was not 
final, on such 15th day; and 
(3) with respect to which there would have been no duty if the 
amendment made by such section applied to such entry; 
such entry shall be liquidated as though the entry had been made on 
such 15th day. 
19 use 1322 
(d) For purposes of this section— 
^°^- 
(1) The term "entered" means entered, or withdrawn from 
warehouse for consumption in the customs territory of the 
United States. 
(2) The term "entry" includes any withdrawal from ware-
house. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2973 
TITLE II—CUSTOMS AND MISCELLANEOUS 
AMENDMENTS 
Subtitle A—Amendments to the Tariff Act of 1930 
SEC. 201. REFERENCE. 
Elxcept as otherwise expressly provided, whenever in this subtitle 
an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a title, subtitle, part, section, or other provision, the 
reference shall be considered to be made to a title, subtitle, part, 
section, or other provision of the Tariff Act of 1930 (19 U.S.C. 1202 et 
seq.). 
SEC. 202. DRAWBACK. 
Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended— 
(1) by amending subsection (j)— 
(A) by redesignating paragraph (2) as paragraph (4), and 
(B) by inserting after paragraph (1) the following new 
paragraphs: 
"(3) If there is, with respect to imported merchandise on which 
was paid any duty, tax, or fee imposed under Federal law because of 
its importation, any other merchandise (whether imported or domes-
tic) that— 
"(A) is fungible with such imported merchandise; 
"(B) is, before the close of the three-year period beginning on 
the date of importation of the imported merchandise, either 
exported or destroyed under Customs supervision; 
"(C) before such exportation or destruction— 
"(i) is not used within the United States, and 
"(ii) is in the possession of the party claiming drawback 
under this paragraph; and 
"(D) is in the same condition at the time of exportation or 
destruction as was the imported merchandise at the time of its 
importation; 
then upon the exportation or destruction of such other merchandise 
the amount of each such duty, tax, and fee paid regarding the 
imported merchandise shall be refunded as drawback, but in no case 
may the total drawback on the imported merchandise, whether 
available under this paragraph or any other provision of law or any 
combination thereof, exceed 99 percent of that duty, tax, or fee. 
"(4) Packaging material that is imported for use in packaging or 
repackaging imported merchandise to which paragraph (1) applies 
shall be eligible under the same conditions provided in such para-
graph for refund, as drawback, of 99 per centum of any duty, tax, or 
fee imposed under Federal law on the importation of such mate-
rial."; and 
(2) by redesi^ating subsections (k) and (1) as subsections (1) 
and (m), respectively; and 
(3) by inserting after subsection (j) the following new subsec-
tion: 
"(k) For purposes of subsections (a) and (b), the use of any domestic 
merchandise acquired in exchange for imported merchandise of the 
same kind and quality shall be treated as the use of such imported 
merchandise if no certificate of delivery is issued with respect to 
such imported merchandise.". 
98 STAT. 2974 
PUBLIC LAW 98-573—OCT. 30, 1984 
SEC. 203. PUBLIC DISCLOSURE OF CERTAIN MANIFEST INFORMATION. 
Section 431 (19 U.S.C. 1431) is amended— 
(1) by striking out the period at the end of the paragraph 
designated as "Third" in subsection (a) and inserting in lieu 
thereof "; and the names of the shippers of such merchandise."; 
and 
(2) by adding at the end thereof the following new subsection: 
Public 
"(c)(1) Except as provided in subparagraph (2), the following infor-
availability. 
mation, when contained in such manifest, shall be available for 
public disclosure: 
"(A) The name and address of each importer or consignee and 
the name and address of the shipper to such importer or 
consignee, unless the importer or consignee has made a biennial 
certification, in accordance with procedures adopted by the 
Secretary of the Treasury, claiming confidential treatment of 
such information. 
"(B) The general character of the cargo. 
"(C) The number of packages and gross weight. 
"(D) The name of the vessel or carrier. 
"(E) The port of loading. 
"(F) The port of discharge. 
"(G) The country or origin of the shipment. 
"(2) The information listed in paragraph (1) shall not be available 
for public disclosure if— 
"(A) the Secretary of the Treasury makes an affirmative 
finding on a shipment-by-shipment basis that disclosure is likely 
to pose a threat of personal injury or property damage; or 
"(B) the information is exempt under the provisions of section 
552(b)(1) of title 5 of the United States Code. 
"(3) The Secretary of the Treasury, in order to allow for the timely 
dissemination and publication of the information listed in para-
graph (1), shall establish procedures to provide access to manifests. 
Such procedures shall include provisions for adequate protection 
against the public disclosure of information not available for public 
disclosure from such manifests.". 
SEC. 204. VIRGIN ISLANDS EXCURSION VESSELS. 
Section 441(3) (19 U.S.C. 1441(3)) is amended to read as follows: 
"(3) Vessels carrying passengers on excursion from the United 
States Virgin Islands to the British Virgin Islands and returning, 
and licensed yachts or undocumented American pleasure vessels not 
engaged in trade: Provided, That such vessels do not in any way 
violate the customs or navigation laws of the United States and have 
not visited any hovering vessel: Provided further. That the master of 
any such vessel which has on board any article required by law to be 
entered shall be required to report such article to the appropriate 
customs officer within twenty-four hours after arrival.". 
SEC. 205. UNLAWFUL IMPORTATION OR EXPORTATION OF CERTAIN 
VEHICLES. 
Part V of title IV (19 U.S.C. 1581 et seq.) is amended by adding at 
the end thereof the following new section: 
19 u s e 1627a. 
"SEC. 627. UNLAWFUL IMPORTATION OR EXPORTATION OF CERTAIN VEHI-
CLES; INSPECTIONS. 
"(a)(1) Whoever knowingly imports, exports, or attempts to import 
or export— 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2975 
"(A) Any stolen self-propelled vehicle, vessel, aircraft, or part 
of a self-propelled vehicle, vessel, or aircraft; or 
"(B) any self-propelled vehicle or part of a self-propelled 
vehicle from which the identification 
number has been 
removed, obliterated, tampered with, or altered; 
shall be subject to a civil penalty in an amount determined by the 
Secretary, not to exceed $10,000 for each violation. 
"(2) Any violation of this subsection shall make such self-propelled 
vehicle, vessel, aircraft, or part thereof subject to seizure and forfeit-
ure under this Act. 
"(h) A person attempting to export a used self-propelled vehicle 
shall present, pursuant to regulations prescribed by the Secretary, 
to the appropriate customs officer both the vehicle and a document 
describing such vehicle which includes the vehicle identification 
number, before lading if the vehicle is to be transported by vessel or 
aircraft, or before export if the vehicle is to be transported by rail, 
highway, or under its own power. Failure to comply with the 
regulations of the Secretary shall subject such person to a civil 
penalty of not more than $500 for each violation. 
"(c) For purposes of this section— 
"(1) the term 'self-propelled vehicle' includes any automobile, 
truck, tractor, bus, motorcycle, motor home, self-propelled agri-
cultural machinery, self-propelled construction equipment, self-
propelled special use equipment, and any other self-propelled 
vehicle used or designed for running on land but not on rail; 
"(2) the term 'aircraft' has the meaning given it in section 
101(5) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(5)); 
49 use app. 
"(3) the term 'used' refers to any self-propelled vehicle the 
l^oi. 
equitable or legal title to which has been transferred by a 
manufacturer, distributor, or dealer to an ultimate purchaser; 
and 
"(4) the term 'ultimate purchaser' means the first person, 
other than a dealer purchasing in his capacity as a dealer, who 
in good faith purchases a self-propelled vehicle for purposes 
other than resale. 
"(d) Customs officers may cooperate and exchange information 
concerning motor vehicles, off-highway mobile equipment, vessels, 
or aircraft, either before exportation or after exportation or impor-
tation, with such Federal, State, local, and foreign law enforcement 
or governmental authorities, and with such organizations engaged 
in theft prevention activities, as may be designated by the 
Secretary.". 
SEC. 206. INCREASE IN AMOUNT FOR INFORMAL ENTRY OF GOODS. 
Paragraph (1) of section 498 (19 U.S.C. 1498(1)) is amended— 
(1) by striking out "$250" and inserting in lieu thereof 
"$1,250"; and 
(2) by inserting before the semicolon at the end thereof: ", 
except that this paragraph does not apply to articles valued in 
excess of $250 classified in— 
"(A) schedule 3 
"(B) parts 1, 4A, 7B, 12A, 12D, and 13B of schedule 7, and 
"(C) parts 2 and 3 of the Appendix, 
of the Tariff Schedules of the United States, or to any other 
article for which formal entry is required without regard to 
value.". 
98 STAT. 2976 
PUBLIC LAW 98-573—OCT. 30, 1984 
SEC. 207. CERTAIN COUNTRY OF ORIGIN MARKING REQUIREMENTS. 
Section 304 (19 U.S.C. 1304) is amended— 
(1) by redesignating subsections (c), (d), and (e) as subsections 
(f), (g), and (h), respectively; 
(2) by inserting immediately £ifter subsection (b) the following 
new subsections: 
"(c) MARKING OF CERTAIN PIPE AND FITTINGS.—No exception may 
be made under subsection (aX3) with respect to pipes of iron, steel, or 
stainless steel, to pipe fittings of steel, stainless steel, chrome-moly 
steel, or cast and malleable iron each of which shall be marked with 
the English name of the country of origin by means of die stamping, 
cast-in-mold lettering, etching, or engraving. 
"(d) MARKING OF COMPRESSED GAS CYLINDERS.—NO exception may 
be made under subsection (aX3) with respect to compressed g£is 
cylinders designed to be used for the transport and storage of 
compressed gases whether or not certified prior to exportation to 
have been made in accordance vsrith the safety requirements of 
sections 178.36 through 178.68 of title 49, Code of Federal Regula-
tions, each of which shall be marked with the English name of the 
country of origin by means of die stamping, molding, etching, raised 
lettering, or 2ui equally permanent method of marking. 
"(e) MARKING OF CERTAIN MANHOLE RINGS OR FRAMES, COVERS, 
AND ASSEMBLIES THEREOF.—No exception may be made under sub-
section (aX3) with respect to manhole rings or frames, covers, and 
assemblies thereof each of which shall be marked on the top surface 
with the English name of the country of origin by means of die 
stamping, cast-in-mold lettering, etching, or engraving."; and 
(3) by striking out "subsection (c)" in subsection (g) (as so 
redesignated) and inserting in lieu thereof "subsection (f)". 
SEC. 208. EQUIPMENTS AND REPAIRS OF CERTAIN VESSELS EXEMPT 
FROM DUTIES. 
Section 466(e) (19 U.S.C. 1466(e)) is amended to read as follows: 
"(eXD In the case of any vessel referred to in subsection (a) that 
arrives in a port of the United States two years or more after its last 
departure from a port in the United States, the duties imposed by 
th^ section shall apply only with respect to— 
"(A) fish nets and netting, and 
"(B) other equipments and parts thereof, repair parts and 
materials purchased, or repairs made, during the first six 
months after the last departure of such vessel from a port of the 
United States. 
"(2) If such vessel is designed and used primarily for transporting 
passengers or property, paragraph (1) shall not apply if the vessel 
departed from the United States for the sole purpose of obtaining 
such equipments, parts, materials, or repairs.". 
SEC. 209. ARTICLES RETURNED FROM SPACE. 
(a) Part m of title IV (19 U.S.C. 1481 et seq.) is amended by adding 
the following new section: 
19 use 1484a. 
"SEC. 484a. ARTICLES RETURNED FROM SPACE NOT TO BE CONSTRUED AS 
IMPORTATION. 
"The return of articles from space shall not be considered an 
importation, and an entry of such articles shall not be required, if: 
"(1) such articles were previously launched into space from 
the customs territory of the United States aboard a spacecraft 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2977 
operated by, or under the control of, United States persons and 
owned— 
"(A) wholly by United States persons, or 
"(B) in substantial part by United States persons, or 
"(C) by the United States; 
"(2) such articles were maintained or utilized while in space 
solely on board such spacecraft or aboard another spacecraft 
which meets the requirements of paragraph (1) (A) through (C) 
of this section; and 
"(3) such articles were returned to the customs territory 
directly from space aboard such spacecraft or aboard another 
spacecraft which meets the requirements of paragraph (1) (A) 
through (C) of this section; 
without regard to whether such articles have been advanced in 
value or improved in condition by any process of manufacture or 
other means while in space.". 
(b) Headnote 5 of the general headnotes of the Tariff Schedules of 
19 use 1202. 
the United States (19 U.S.C. 1202) is amended— 
(A) by striking out "media; and" in subdivision (e) and insert-
ing in lieu thereof "media,"; 
(B) by adding after subdivision (e) the following new sub-
division: 
"(f) articles returned from space within the purview of section 
484a of the Tariff Act of 1930; and"; and 
Ante, p. 2976. 
(C) by redesignating subdivision (f) £is subdivision (g). 
SEC. 210. DATE OF LIQUIDATION OR RELIQUIDATION. 
(a) Section 505 of the Tariff Act of 1930 (19 U.S.C. 1505) is 
amended by adding at the end thereof the following new subsection: 
"(c) Duties determined to be due upon liquidation or reliquidation 
shall be due 15 days after the date of that liquidation or reliquida-
tion, and unless payment of the duties is received by the appropriate 
customs officer within 30 days after that date, shall be considered 
delinquent and bear interest from the 15th day after the date of 
liquidation or reliquidation at a rate determined by the Secretary of 
the Treasury.". 
(b) Section 520 of the Tariff Act of 1930 (19 U.S.C. 1520) is 
amended by adding at the end thereof the following new subsection: 
"(d) If a determination is made to reliquidate an entry as a result 
of a protest filed under section 514 of this Act or an application for 
relief made under subsection (c)(1) of this section, or if reliquidation 
is ordered by an appropriate court, interest shall be allowed on any 
amount paid as increased or additional duties under section 505(c) of 
this Act at the annual rate established pursuant to that section and 
determined as of the 15th day after the date of liquidation or 
reliquidation. The interest shall be calculated from the date of 
payment to the date of (1) the refund, or (2) the filing of a summons 
under section 2632 of title 28, United States Code, whichever occurs 
first.". 
SEC. 211. OPERATION OF CERTAIN DUTY-FREE SALES ENTERPRISES. 
Section 555 of the Tariff Act of 1930 (19 U.S.C. 1555) is amended— 
(1) by striking out "Buildings" in the first sentence thereof 
and inserting in lieu thereof "(a) Subject to subsection O
t
>
)
, 
buildings"; and 
(2) by inserting at the end thereof the following: 
98 STAT. 2978 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(b) If a State or local governmental authority, incident to its 
jurisdiction over any airport, seaport, or other exit point facility, 
requires that a concession or other form of approval be obtained 
from that authority with respect to the operation of a duty-free sales 
enterprise under which merchandise is delivered to such facility for 
exportation, merchandise incident to such operation may not be 
withdrawn from a bonded warehouse and transferred to such 
facility unless the operator of the duty-free sales enterprise demon-
strates to the Secretary of the Treasury that the concession or 
approval required for the enterprise has been obtained. For pur-
poses of this subsection, the term 'duty-free sales enterprise' means 
an entity that sells, in less than wholesale quantities, duty-free or 
tax-free merchandise that is delivered from a bonded warehouse to 
an airport, seaport, or point of exit from the United States for 
exportation by, or on behalf of, individuals departing from the 
United States.". 
SEC. 212. CUSTOMS BROKERS. 
(a) Section 641 (19 U.S.C. 1641) is amended to read as follows: 
"SEC. 641. CUSTOMS BROKERS. 
"(a) DEFINITIONS.—As used in this section: 
"(1) The term 'customs broker' means any person granted a 
customs broker's license by the Secretary under subsection (b). 
"(2) The term 'customs business' means those activities in-
volving transactions with the Customs Service concerning the 
entry and admissibility of merchandise, its classification and 
valuation, the payment of duties, taxes, or other charges as-
sessed or collected by the Customs Service upon merchandise by 
reason of its importation, or the refund, rebate, or drawback 
thereof. 
"(8) The term 'Secretary' means the Secretary of the 
Treasury. 
"(b) CUSTOM BROKER'S LICENSES.— 
"(1) IN GENERAL.—No person may conduct customs business 
(other than solely on behalf of that person) unless that person 
holds a valid customs broker's license issued by the Secretary 
under paragraph (2) or (3). 
"(2) LICENSES FOR INDIVIDUALS.—The Secretary may grant an 
individual a customs broker's license only if that individual is a 
citizen of the United States. Before granting the license, the 
Secretary may require an applicant to show any facts deemed 
necessary to establish that the applicant is of good moral char-
acter and qualified to render valuable service to others in the 
conduct of customs business. In assessing the qualifications of 
an applicant, the Secretary may conduct an examination to 
determine the applicant's knowledge of customs and related 
laws, regulations and procedures, bookkeeping, accounting, and 
all other appropriate matters. 
"(3) LICENSES FOR CORPORATIONS, ETC.—The Secretary 
may 
grant a customs broker's license to any corporation, association, 
or partnership that is organized or existing under the laws of 
any of the several States of the United States if at least one 
officer of the corporation or association, or one member of the 
partnership, holds a valid customs broker's license granted 
under paragraph (2). 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2979 
"(4) DUTIES.—A customs broker shall exercise responsible 
supervision and control over the customs business that it 
conducts. 
"(5) LAPSE OF LiCENSE.^The failure of a customs broker that 
is licensed as a corporation, association, or partnership under 
paragraph (3) to have, for any continuous period of 120 days, at 
least one officer of the corporation or association, or at least one 
member of the partnership, validly licensed under paragraph (2) 
shedl, in addition to causing the broker to be subject to any 
other sanction under this section (including paragraph (6)), 
result in the revocation by operation of law of its license. 
"(6) PROHIBITED ACTS.—Any person who intentionally trans-
acts customs business, other than solely on the behalf of that 
person, without holding a valid customs broker's license granted 
to that person under this subsection shall be liable to the 
United States for a monetary penalty not to exceed $10,000 for 
each such transaction as well as for each violation of any other 
provision of this section. This penalty shall be assessed in the 
same manner and under the same procedures as the monetary 
penalties provided for in subsection (d)(2XA). 
'(c) CUSTOMS BROKER'S PERMITS.— 
"(1) IN GENERAL.—Each person granted a customs broker's 
license under subsection (b) shall— 
"(A) be issued a permit, in accordance with regulations 
prescribed under this section, for each customs district in 
which that person conducts customs business; and 
"(B) except as provided in paragraph (2), regularly 
employ in each customs district for which a permit is so 
issued at least one individual who is licensed under subsec-
tion (bX2) to exercise responsible supervision and control 
over the customs business conducted by that person in that 
district. 
"(2) EXCEPTION.—If a person granted a customs broker's 
license under subsection (b) can demonstrate to the satisfaction 
of the Secretary that— 
"(A) he regularly employs in the region in which that 
district is located at least one individual who is licensed 
under subsection (bX2), and 
"(B) that sufficient procedures exist within the company 
for the person employed in that region to exercise responsi-
ble supervision and control over the customs business con-
ducted by that person in that district, 
the Secretary may waive the requirement in paragraph (IXB). 
"(3) LAPSE OF PERMIT.—The failure of a customs broker 
granted a permit under paragraph (1) to employ, for any contin-
uous period of 180 days, at least one individual who is licensed 
under subsection (bX2) within the district or region (if para-
graph (2) applies) for which a permit was issued shall, in 
addition to causing the broker to be subject to any other sanc-
tion under this section (including any in subsection (d)), result 
in the revocation by operation of law of the permit. 
*(d) DisciPUNARY PROCEEDINGS.— 
"(1) GENERAL RULE.—The Secretary may impose a monetary 
penalty in all cases with the exception of the infractions 
described in clause (iii) of subparagraph (B) of this subsection, or 
revoke or suspend a license or permit of any customs broker, if 
it is shown that the broker— 
98 STAT. 2980 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(A) has made or caused to be made in any application for 
any license or permit under this section, or report filed with 
the Customs Service, any statement which was, at the time 
and in light of the circumstances under which it was made, 
false or misleading with respect to any material fact, or has 
omitted to state in any such application or report any 
material fact which was required to be stated therein; 
"(B) has been convicted at any time after the filing of an 
application for license under subsection (b) of any felony or 
misdemeanor which the Secretary finds— 
"(i) involved the importation or exportation of 
merchandise; 
"(ii) arose out of the conduct of its customs business; 
or 
"(iii) involved larceny, theft, robbery, extortion, for-
gery, counterfeiting, fraudulent concealment, embezzle-
ment, fraudulent conversion, or misappropriation of 
funds; 
"(C) has violated any provision of any law enforced by the 
Customs Service or the rules or regulations issued under 
any such provision; 
"(D) has counseled, commanded, induced, procured, or 
knowingly aided or abetted the violations by any other 
person of any provision of any law enforced by the Customs 
Service, or the rules or regulations issued under any such 
provision; 
"(E) has knowingly employed, or continues to employ, 
any person who has been convicted of a felony, without 
written approval of such employment from the Secretary; 
or 
"(F) has, in the course of its customs business, with intent 
to defraud, in any manner willfully and knowingly 
deceived, misled or threatened any client or prospective 
client. 
"(2) PROCEDURES.— 
"(A) MONETARY PENALTY.—Unless action has been teiken 
under subparagraph (B), the appropriate customs officer 
shall serve notice in writing upon any customs broker to 
show cause why the broker should not be subject to a 
monetary penalty not to exceed $30,000 in total for a 
violation or violations of this section. The notice shall 
advise the customs broker of the allegations or complaints 
against him and shall explain that the broker has a right to 
respond to the allegations or complaints in writing within 
30 days of the date of the notice. Before imposing a mone-
tary penalty, the customs officer shall consider the allega-
tions or complaints and any timely response made by the 
customs broker and issue a written decision. A customs 
broker against whom a monetary penalty has been issued 
under this section shall have a reasonable opportunity 
19 use 1618. 
under section 618 to make representations seeking remis-
sion or mitigation of the monetary penalty. Following the 
conclusion of any proceeding under section 618, the appro-
priate customs officer shall provide to the customs broker a 
written statement which sets forth the final determination 
and the findings of fact and conclusions of law on which 
such determination is based. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2981 
"(B) REVOCATION OR SUSPENSION.—The appropriate cus-
toms officer may, for good and sufficient reason, serve 
notice in writing upon any customs broker to show cause 
why a license or permit issued under this section should not 
be revoked or suspended. The notice shall be in the form of 
a statement specifically setting forth the grounds of the 
complaint, and shall allow the customs broker 30 days to 
respond. If no response is filed, or the appropriate customs 
officer determines that the revocation or suspension is still 
warranted, he shall notify the customs broker in writing of 
a hearing to be held within 15 days, or at a later date if the 
broker requests an extension and shows good cause there-
for, before an administrative law judge appointed pursuant 
to section 3105 of title 5, United States Code, who shall 
serve as the hearing officer. If the customs broker waives 
the hearing, or the broker or his designated representative 
fails to appear at the appointed time and place, the hearing 
officer shall make findings and recommendations based on 
the record submitted by the parties. At the hearing, the 
customs broker may be represented by counsel, and all 
proceedings, including the proof of the charges and the 
response thereto shall be presented with testimony taken 
under oath and the right of cross-examination accorded to 
both parties. A transcript of the hearing shall be made and 
a copy will be provided to the appropriate customs officer 
and the customs broker; they shall thereafter be provided 
reasonable opportunity to file a post-hearing brief. Follow-
ing the conclusion of the hearing, the hearing officer shall 
transmit promptly the record of the hearing along with his 
findings of fact and recommendations to the Secretary for 
decision. The Secretary will issue a written decision, based 
solely on the record, setting forth his findings of fact and 
the reasons for his decision. Such decision may provide for 
the sanction contained in the notice to show cause or any 
lesser sanction authorized by this subsection, including a 
monetary penalty not to exceed $30,000, than was contained 
in the notice to show cause. 
"(3) SETTLEMENT AND COMPROMISE.—The Secretary may settle 
and compromise any disciplinary proceeding which has been 
instituted under this subsection according to the terms and 
conditions agreed to by the parties, including but not limited to 
the reduction of any proposed suspension or revocation to a 
monetary penalty. 
"(4) LIMITATION OF ACTIONS.—Notwithstanding section 621, no 
19 use 1621. 
proceeding under this subsection or subsection (bX6) shall be 
commenced unless such proceeding is instituted by the appro-
priate service of written notice within 5 years from the date the 
alleged violation was committed; except that if the alleged 
violation consists of fraud, the 5-year period of limitation shall 
commence running from the time such alleged violation was 
discovered. 
*(e) JUDICIAL APPEAL.— 
"(1) IN GENERAL.—A customs broker, applicant, or other 
person directly affected may appeal any decision of the Secre-
tary denying or revoking a license or permit under subsection 
(b) or (c), or revoking or suspending a license or permit or 
imposing a monetary penalty in lieu thereof under subsection 
31-194 0 - 86 - 20 : QL.3 P a r t 3 
98 STAT. 2982 
PUBLIC LAW 98-573—OCT. 30, 1984 
(dK2XB), by filing in the Court of International Trade, within 60 
days after the issuance of the decision or order, a written 
petition requesting that the decision or order be modified or set 
aside in whole or in part. A copy of the petition shall be 
transmitted promptly by the clerk of the court to the Secretary 
or his designee. In cases involving revocation or suspension of a 
license or permit or imposition of a monetary penalty in lieu 
thereof under subsection (dX2XB), after receipt of the petition, 
the Secretary shall file in court the record upon which the 
decision or order complained of was entered, as provided in 
section 2635(d) of title 28, United States Code. 
"(2) CONSIDERATION OF OBJECTIONS.—The court shall not con-
sider any objection to the decision or order of the Secretary, or 
to the introduction of evidence or testimony, unless that objec-
tion was raised before the hearing officer in suspension or 
revocation proceedings unless there were reasonable grounds 
for failure to do so. 
"(3) CONCLUSIVENESS OF FINDINGS.—The findings of the Secre-
tary as to the facts, if supported by substantial evidence, shall 
be conclusive. 
"(4) ADDITIONAL EVIDENCE.—If any party applies to the court 
for leave to present additional evidence and the court is satis-
fied that the additional evidence is material and that reasonable 
grounds existed for the failure to present the evidence in the 
proceedings before the hearing officer, the court may order the 
additional evidence to be taken before the hearing officer and to 
be presented in a manner and upon the terms and conditions 
prescribed by the court. The Secretary may modify the findings 
of facts on the basis of the additional evidence presented. The 
Secretary shall then file with the court any new or modified 
findings of fact which shall be conclusive if supported by sub-
stantial evidence, together with a recommendation, if any, for 
the modification or setting aside of the original decision or 
order. 
"(5) EFFECT OF PROCEEDINGS.—The commencement of proceed-
ings under this subsection shall, unless specifically ordered by 
the court, operate as a stay of the decision of the Secretary 
except in the case of a denial of a license or permit. 
"(6) FAILURE TO APPEAL.—If an appeal is not filed within the 
time limits specified in this section, the decision by the Secre-
tary shall be final and conclusive. In the case of a monetary 
penalty imposed under subsection (dX2XB) of this section, if the 
amount is not tendered within 60 days after the decision be-
comes final, the license shall automatically be suspended until 
payment is made to the Customs Service. 
"(f) REGULATIONS BY THE SECRETARY.—The Secretary may pre-
scribe such rules and regulations relating to the customs business of 
customs brokers as the Secretary considers necessary to protect 
importers and the revenue of the United States, and to carry out the 
provisions of this section, including rules and regulations governing 
the licensing of or issuance of permits to customs brokers, the 
keeping of books, accounts, and records by customs brokers, and 
documents and correspondence, and the furnishing by customs bro-
kers of any other information relating to their customs business to 
any duly accredited officer or employee of the United States Cus-
toms Service. 
"(g) TRIENNIAL REPORTS BY CUSTOMS BROKERS.— 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2983 
"(1) IN GENERAL.—On February 1, 1985, and on February 1 of 
each third year thereafter, each person who is licensed under 
subsection (b) shall file with the Secretary of the Treasury a 
report as to— 
"(A) whether such person is actively engaged in business 
as a customs broker; and 
"(B) the name under, and the address at, which such 
business is being transacted. 
"(2) SUSPENSION AND REVOCATION.—If a person licensed under 
subsection G)) fails to file the required report by March 1 of the 
reporting year, the license is suspended, and may be thereafter 
revoked subject to the following procedures: 
"(A) The Secretary shall transmit written notice of sus-
pension to the licensee no later than March 31 of the 
reporting year. 
"(B) If the licensee files the required report within 60 
days of receipt of the Secretary's notice, the license shall be 
reinstated. 
"(C) In the event the required report is not filed within 
the 60-day period, the license shall be revoked without 
prejudice to the filing of an application for a new license. 
"(h) FEES AND CHARGES.—The Secretary may prescribe reasonable 
fees and charges to defray the costs of the Customs Service in 
carrying out the provisions of this section, including, but not limited 
to, a fee for licenses issued under subsection (b) and fees for any test 
administered by him or under his direction; except that no separate 
fees shall be imposed to defray the costs of an individual audit or of 
individual disciplinary proceedings of any nature.". 
(b) Title 28, United States Code, is amended as follows: 
(1) Section 1581(g) is amended to read as follows: 
"(g) The Court of International Trade shall have exclusive juris-
diction of any civil action commenced to review— 
"(1) any decision of the Secretary of the Treasury to deny a 
customs broker's license under section 641(b) (2) or (3) or (c) of 
the Tariff Act of 1930, or to deny a customs broker's permit 
under section 641(c)(1) of such Act, or to revoke a license or 
Ante, p. 2978. 
permit under section 641(b)(5) or (c)(2) of such Act; and 
"(2) any decision of the Secretary of the Treasury to revoke or 
suspend a customs broker's license or permit, or impose a 
monetary penalty in lieu thereof, under section 641(d)(2)(B) of 
the Tariff Act of 1930.". 
(2) Section 1582(1) is amended to read as follows: 
"(1) to recover a civil penalty under section 592, 641(a)(1)(C), 
641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;". 
19 USC 1592, 
(3) Section 2631(g) is amended to read as follows: 
1641^ 1671, 
"(g)(1) A civil action to review any decision of the Secretary of the 
Treasury to deny a customs broker's license under section 641(b) (2) 
or (3) of the Tariff Act of 1930, or to deny a customs broker's permit 
under section 641(c)(1) of such Act, or to revoke such license or 
permit under section 641(b)(5) or (c)(2) of such Act, may be com-
menced in the Court of International Trade by the person whose 
license or permit was denied or revoked. 
"(2) A civil action to review any decision of the Secretary of the 
Treasury to revoke or suspend a customs broker's license or permit 
or impose a monetary penalty in lieu thereof under section 
641(d)(2)(B) of the Tariff Act of 1930 may be commenced in the Court 
1673c. 
98 STAT. 2984 
PUBLIC LAW 98-573—OCT. 30, 1984 
of International Trade by the person against whom the decision was 
issued.". 
28 use 2636. 
(4) Section 2636(h) is amended to read as follows: 
"(h) A civil action contesting the denial or revocation by the 
Secretary of the Treasury of a customs broker's license or permit 
Ante, p. 2978. 
Under subsection (b) or (c) of section 641 of the Tariff Act of 1930, or 
the revocation or suspension of such license or permit or the imposi-
tion of a monetary penalty in lieu thereof by such Secretary under 
section 641(d) of such Act, is barred unless commenced in accordance 
with the rules of the Court of International Trade within sixty days 
after the date of the entry of the decision or order of such 
Secretary.". 
(5) Section 2640(aX5) is amended to read as follows: 
"(5) Civil actions commenced to review any decision of the Secre-
tary of the Treasury under section 641 of the Tariff Act of 1930, with 
the exception of decisions under section 641(d)(2)(B), which shall be 
governed by subdivision (d) of this section.". 
(6) Section 2643 is amended by adding the following new 
subsection: 
"(e) In any proceeding involving assessment or collection of a 
monetary penalty under section 641(b)(6) or 641(dX2)(A) of the Tariff 
Act of 1930, the court may not render judgment in an amount 
greater than that sought in the initial pleading of the United States, 
and may render judgment in such lesser amount as shall seem 
proper and just to the court.". 
(7) The Tariff Act of 1930 is further amended— 
19 use 1564. 
(A) by adding the following sentence at the end of section 
564: "The provisions of this section shall apply to licensed 
customs brokers who otherwise possess a lien for the pur-
poses stated above upon the merchandise under the statutes 
or common law, or by order of any court of competent 
jurisdiction, of any State."; and 
(B) by adding the following at the end of section 520(a): 
19 use 1520. 
"(4) PRIOR TO UQUIDATION.—Prior to the liquidation of an 
entry, whenever it is ascertained that excess duties, fees, 
charges, or exactions have been deposited or paid by reason of 
clerical error.". 
SEC. 213. SEIZURES AND FORFEITURES. 
(a) The Tariff Act of 1930 is amended as follows: 
(1) Section 602 (19 U.S.C. 1602) is amended by inserting 
"aircraft," after "vehicle,". 
(2) The sentence beginning "All vessels," in section 605 (19 
U.S.C. 1605) is amended by inserting "aircraft," after "vehi-
cles," the first place is appears. 
(3) Section 606 (19 U.S.C. 1606) is amended by inserting 
"aircraft" after "vehicle ". 
(4) Section 607 (19 U.S.C. 1607) is amended to read as follows: 
"SEC. 607. SEIZURE; VALUE $100,000 OR LESS, PROHIBITED MERCHANDISE, 
TRANSPORTING CONVEYANCES. 
"(a)If-
"(1) the value of such seized vessel, vehicle, aircraft, merchan-
dise, or baggage does not exceed $100,000; 
"(2) such seized merchandise is merchandise the importation 
of which is prohibited; or 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2985 
"(3) such seized vessel, vehicle, or aircraft was used to import, 
export, transport, or store any controlled substance; 
the appropriate customs officer shall cause a notice of the seizure of 
such articles and the intention to forfeit and sell or otherwise 
dispose of the same according to law to be published for at least 
three successive weeks in such manner as the Secretary of the 
Treasury may direct. Written notice of seizure together with infor-
mation on the applicable procedures shall be sent to each party who 
appears to have an interest in the seized article. 
(b) As used in this section, the term 'controlled substance' has 
the meaning given that term in section 102 of the Controlled 
Substances Act (21 U.S.C. 802).". 
(5) Section 608 (19 U.S.C. 1608) is amended— 
(A) in the sentence beginning "Any person", by inserting 
"aircraft," after "vehicle,"; and 
(B) in the sentence beginning "Upon the filing", by insert-
ing after "penal sum o f the following: "$2,500 or 10 per-
cent of the value of the claimed property, whichever is 
lower, but not less than". 
(6) Section 609 (19 U.S.C. 1609) is amended— 
(A) by striking out "If no" and inserting in lieu thereof 
"(a) If no"; 
(B) by inserting "aircraft," after "vehicle,"; 
(C) by inserting after "according to law, and" the follow-
ing: "(except as provided in subsection (b) of this section)"; 
and 
(D) by adding at the end the following new subsection: 
"(b) During the period beginning on the date of the enactment of 
this subsection and ending on September 30, 1987, the appropriate 
customs officer shall deposit the proceeds of sale (after deducting 
such expenses) in the Customs Forfeiture Fund.". 
(7) Section 610 (19 U.S.C. 1610) is amended— 
(A) by striking out "VALUE MORE THAN $10,000" in 
the section heading and inserting in lieu thereof "JUDI-
CIAL FORFEITURE PROCEEDINGS"; and 
(B) by striking out "If the value of any vessel, vehicle, 
merchandise, or baggage so seized is greater than $10,000," 
and inserting in lieu thereof "If any vessel, vehicle, aircraft, 
merchguidise, or baggage is not subject to section 607 of this 
Act". 
(8) Section 611 (19 U.S.C. 1611) is amended by inserting 
"aircraft," after "vehicle," each place it appears. 
(9) Section 612 (19 U.S.C. 1612) is amended— 
(A) by inserting "aircraft," after "vehicle," each place it 
appears; 
(B) in the sentence beginning "Whenever it appears"— 
(i) by striking out "Whenever" and inserting in lieu 
thereof "(a) Whenever"; 
(ii) by striking out "the value of; and 
(iii) by striking out "as determined under section 606 
of this Act, does not exceed $10,000" and inserting in 
lieu thereof "is subject to section 607 of this Act"; 
(C) in the sentence beginning "If such value"— 
(i) by striking out "such value of; and 
(ii) by striking out "exceeds $10,000" and inserting in 
lieu thereof "is not subject to section 607 of this Act,"; 
and 
98 STAT. 2986 
PUBLIC LAW 98-573—OCT. 30, 1984 
(D) by adding at the end the following new subsection: 
"(b) If the expense of keeping the vessel, vehicle, aircraft, mer-
chandise, or baggage is disproportionate to the value thereof, and 
such value is less than $1,000, such officer may proceed forthwith to 
order destruction or other appropriate disposition of such propertv, 
under regulations prescribed by the Secretary of the Treasury. . 
(10) Section 613 (19 U.S.C. 1613) is amended— 
(A) by inserting "aircraft," after "vehicle," in the sen-
tence beginning "Except as" in subsection (a); 
(B) by striking out "with the Treasurer of the United 
States as a customs or navigation fine" and inserting in lieu 
thereof "in the general fund of the Treasury of the United 
States" in paragraph (3) of the sentence beginning "If no" 
in subsection (a); and 
(C) by amending subsection (b) by inserting after "and (2) 
of this section" the following: "or subsection (a)(1), (a)(3), or 
Infra. 
(a)(4) of section 613A of this Act". 
(11) Part V of title IV (19 U.S.C. 1581 et seq.) is amended by 
adding after section 613 the following new section: 
19 use 1613b. 
"SEC. 613A. CUSTOMS FORFEITURE FUND. 
"(a) There is established in the Treasury of the United States a 
fund to be known as the Customs Forfeiture Fund (hereinafter in 
this section referred to as the 'fund'), which shall be available to the 
United States Customs Service, subject to appropriation, during the 
period beginning on the date of the enactment of this section and 
ending on September 30, 1987. The fund shall be available with 
respect to seizures and forfeitures by the United States Customs 
Service under any law enforced or administered by it for payment 
(to the extent that such payment is not reimbursed under section 
19 use 1524. 
524 of this Act)— 
"(1) of all proper expenses of the seizure or the proceedings of 
forfeiture and sale (not otherwise recovered under section 
19 use 1613. 
613(a)), including, but not limited to, expenses of inventory, 
security, maintaining the custody of the property, advertising 
and sale, and if condemned by the court and a bond for such 
costs was not given, the costs as taxed by the court; 
"(2) of awards of compensation to informers under section 619 
19 use 1619. 
of this Act; 
"(3) for satisfaction o
f
— 
"(A) liens for freight, charges, and contributions in gen-
eral average, notice of which has been filed with the appro-
priate customs officer according to law; and 
"(B) other liens against forfeited property; 
"(4) of amounts authorized by law with respect to remission 
and mitigation; 
"(5) for equipping for law enforcement functions of forfeited 
vessels, vehicles, and aircraft retained as provided by law for 
official use by the United States Customs Service; and 
"(6) of claims of parties in interest to property disposed of 
Ante, p. 2985. 
under section 612(b) of this Act, in the amounts applicable to 
such claims at the time of seizure. 
In addition to the purposes described in paragraphs (1) through (6), 
the fund shall be available for purchases by the United States 
Customs Service of evidence of (A) smuggling of controlled sub-
stances, and (B) violations of the currency and foreign transaction 
31 use 5301 
reporting requirements of chapter 53 of title 31, United States Code, 
et seq. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2987 
Report. 
Appropriation 
authorization. 
if there is a substantial probability that the violations of these 
requirements are related to the smuggling of controlled substances. 
"(bXD Payment under paragraphs (3) and (4) of subsection (a) of 
this section shall not exceed the value of the property at the time of 
the seizure. 
"(2) Amounts under subsection (a) of this section shall be avail-
able, at the discretion of the Commissioner of Customs, to reimburse 
the applicable appropriation for expenses incurred by the Coast 
Guard for a purpose specified in such subsection. 
"(c) There shall be deposited in the fund during the period begin-
ning on the date of the enactment of this section, and ending on 
September 30, 1987, all proceeds from forfeiture under any law 
enforced or administered by the United States Customs Service 
(after reimbursement of expenses under section 524 of this Act) and 
19 USC 1524. 
all earnings on amounts invested under subsection (d) of this section. 
"(d) Amounts in the fund which are not currently needed for the 
Securities. 
purposes of this section shall be invested in obligations of, or guar-
anteed by, the United States. 
"(e) Not later than four months after the end of each fiscal year, 
the (llommissioner of Customs shall transmit to the (ingress a 
report on receipts and disbursements with respect to the fund for 
such year. 
"(fKl) There are authorized to be appropriated from the fund for 
each of the four fiscal years beginning with fiscal year 1984, not 
more than $10,000,000. 
"(2) At the end of each of the first three of such four fiscal years, 
any amount in the fund in excess of $10,000,000 shall be deposited in 
the general fund of the Treasury. At the end of the last of such four 
fiscal years, any amount in the fund shall be deposited in the 
generad fund of the Treasury, and the fund shall cease to exist.". 
(12) Section 614 (19 U.S.C. 1614) is amended by inserting 
"aircraft," after "vehicle," each place it appears. 
(13) Section 615 (19 U.S.C. 1615) is amended— 
(A) in the matter before the proviso, by inserting "air-
craft," after "vehicle," each place it appears; and 
(B) in paragraph (1) of the proviso, by striking out "vessel 
or vehicle" and inserting in lieu thereof "vessel, vehicle, or 
(14) Part V of title IV (19 U.S.C. 1581 et seq.), as amended by 
paragraph (11), is further amended by adding after section 615 
the following new section: 
"SEC. 616. TRANSFER OF FORFEITED PROPERTY. 
19 USC 1616a. 
"(a) The Secretary of the Treasury may discontinue forfeiture 
proceedings under this Act in favor of forfeiture under State law. If 
a complaint for forfeiture is filed under this Act, the Attorney 
General may seek dismissal of the complaint in favor of forfeiture 
under State law. 
"(b) If forfeiture proceedings are discontinued or dismissed under 
this section— 
"(1) the United States may transfer the seized property to the 
appropriate State or local official; and 
"(2) notice of the discontinuance or dismissal shall be pro-
vided to all known interested parties. 
"(c) The Secretary of the Treasury may transfer any property 
forfeited under this Act to any State or local law enforcement 
98 STAT. 2988 
PUBLIC LAW 98-573—OCT. 30, 1984 
agency which participated directly in the seizure or forfeiture of the 
property. 
"(d) The United States shall not be liable in any action relating to 
property transferred under this section if such action is beised on an 
act or omission occurring after the transfer.". 
(15) Section 619 (19 U.S.C. 1619) is amended— 
(A) by inserting "aircraft," after "vehicle," each place it 
appears, and 
(B) by striking out "$50,000" each place it appears and 
inserting in lieu thereof "$250,000". 
(16) The sentence beginning "Whenever any" in section 618 
(19 U.S.C. 1618) is amended by inserting "aircraft," after "vehi-
cle," each place it appears. 
(17) Part V of title IV (19 U.S.C. 1581 et seq.), as amended by 
paragraphs (11) and (13), is further amended by adding after 
section 588 the following new section: 
19 use 1589a. 
"SEC. 589. ENFORCEMENT AUTHORITY OF CUSTOMS OFFICERS. 
"Subject to the direction of the Secretary of the Tresisury, an 
officer of the customs may— 
"(1) carry a firearm; 
"(2) execute and serve any order, warrant, subpena, summons, 
or other process issued under the authority of the United States; 
"(3) make an arrest without a warrant for any offense against 
the United States committed in the officer's presence or for a 
felony, cognizable under the laws of the United States commit-
ted outside the officer's presence if the officer has reasonable 
grounds to believe that the person to be arrested has committed 
or is committing a felony; and 
"(4) perform any other law enforcement duty that the Secre-
tary of the Treasury may designate.". 
26 use 7607. 
(b)(1) Section 7607 of the Internal Revenue Code of 1954 is 
repealed. 
(2) The table of sections for subchapter A of chapter 78 of the 
Internal Revenue Code of 1954 is amended by striking out the item 
relating to section 7607. 
19 use 1304 
SEC. 214. EFFECTIVE DATES. 
(a) For purposes of this section, the term "15th day" means the 
15th day after the date of the enactment of this Act. 
(b) Except as provided in subsections (c), (d), and (e), the amend-
ments made by this title shall take effect on the 15th day. 
(c)(1) The amendment made by section 204 shall apply with re-
spect to vessels returning from the British Virgin Islands on or after 
the 15th day. 
(2) The amendments made by section 207 shall apply with respect 
to articles entered, or withdrawn from warehouse for consumption, 
on or after the 15th day; except for such of those articles that, on or 
before the 15th day, had been taken on board for transit to the 
customs territory of the United States. 
(3)(A) The amendment made by section 208 shall apply with 
respect to entries made in connection with arrivals of vessels on or 
after the 15th day. 
(B) Upon request therefor filed with the customs officer concerned 
on or before the 90th day after the date of the enactment of this Act, 
any entry in connection with the arrival of a vessel used primarily 
for transporting passengers or property— 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2989 
(i) made before the 15th day but not liquidated as of Jan-
uary 1, 1983, or 
(ii) made before the 15th day but which is the subject of an 
action in a court of competent jurisdiction on September 19, 
1983, and 
(iii) with respect to which there would have been no duty if 
the amendment made by section 208 applied to such entry, 
shall, notwithstanding the provisions of section 514 of the Tariff Act 
of 1930 (19 U.S.C. 1514) or any other provision of law, be liquidated 
or reliquidated as though such entry had been made on the 15th 
day. 
(4) The amendments made by section 209 shall apply with respect 
to articles launched into space from the customs territory of the 
United States on or after January 1,1985. 
(5XA) The amendment made by section 210(a) shall take effect on 
the 30th day after the date of the enactment of this Act. 
(B) The amendment made by section 210(b) shall apply with 
respect to determinations made or ordered on or after the date of 
the enactment of this Act. 
(dXD The amendments made by section 212 shall take effect upon 
the close of the 180th day following the date of the enactment of this 
Act with the following exceptions: 
(A) Section 641(cXlXB) and section 641(cX2) of the Tariff Act of 
1930, as added by such section, shall take effect three years 
after the date of the enactment of this Act. 
(B) The amendments made to the Tariff Act of 1930 by 
subsection (c) of section 212 shall take effect on such date of 
enactment. 
(2) A license in effect on the date of enactment of this Act under 
section 641 of the Tariff Act of 1930 (as in effect before such date of 
enactment) shall continue in force as a license to transact customs 
business as a customs broker, subject to all the provisions of section 
212 and such licenses shall be accepted as permits for the district or 
districts covered by that license. 
(3) Any proceeding for revocation or suspension of a license insti-
tuted under section 641 of the Tariff Act of 1930 before the date of 
the enactment of this Act shall continue and be governed by the law 
in effect at the time the proceeding was instituted. 
(4) If any provision of section 212 or its application to any person 
or circumstances is held invalid, it shall not affect the validity of the 
remaining provisions or their application to any other person or 
circumstances. 
(e) The amendments made by section 213 shall take effect 
October 15, 1984. 
Subtitle B—Small Business Trade Assistance 
SEC. 221. ESTABLISHMENT OF TRADE REMEDY ASSISTANCE OFFICE IN 
THE UNITED STATES INTERNATIONAL TRADE COMMISSION. 
Part 2 of title II of the Tariff Act of 1930 (19 U.S.C. 1330-1341) is 
amended by inserting after section 338 the following new section: 
"SEC. 339. TRADE REMEDY ASSISTANCE OFFICE. 
19 USC 1339. 
"(a) There is established in the Commission a Trade Remedy 
Assistance Office which shall provide full information to the public, 
upon request, concerning— 
"(1) remedies and benefits available under the trade laws, and 
98 STAT. 2990 
PUBLIC LAW 98-573—OCT. 30, 1984 
19 use 2271 et 
seq., 2341 et seq. 
Effective date. 
19 use 1339 
note. 
"(2) the petition and application procedures, and the appropri-
ate fiUng dates, with respect to such remedies and benefits. 
"(b) Each agency responsible for administering a trade law shall 
provide technical assistance to eligible small businesses to enable 
them to prepare and file petitions and applications (other than those 
which, in the opinion of the agency, are frivolous) to obtain the 
remedies and benefits that may be available under that law. 
"(c) For purposes of this section— 
"(1) The term 'eligible small business' means any business 
concern which, in the agency's judgment, due to its small size, 
has neither adequate internal resources nor financial ability to 
obtain qualified outside assistance in preparing and filing peti-
tions and applications for remedies and benefits under trade 
laws. In determining whether a business concern is an 'eligible 
small business', the agency may consult with the Small Busi-
ness Administration, and shall consult with any other agency 
that has provided assistance under subsection (b) to that busi-
ness concern. An agency decision regarding whether a business 
concern is an eligible small business for purposes of this section 
is not reviewable by any other agency or by any court. 
"(2) The term 'trade laws' means— 
"(A) chapter 1 of title II of the Trade Act of 1974 (19 
U.S.C. 2251 et seq., relating to relief caused by import 
competition); 
"(B) chapters 2 and 3 of such title II (relating to adjust-
ment assistance for workers and firms); 
"(C) chapter 1 of title III of the Trade Act of 1974 (19 
U.S.C. 2411 et seq., relating to relief from foreign import 
restrictions and export subsidies); 
"(D) title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 
seq., relating to the imposition of countervailing duties and 
antidumping duties); 
"(E) section 232 of the Trade Expansion Act of 1962 (19 
U.S.C. 1862, relating to the safeguarding of national secu-
rity); and 
"(F) section 337 of the Tariff Act of 1930 (19 U.S.C. 1337, 
relating to unfair practices in import trade)." 
(b) Section 339 of the Tariff Act of 1930 (as added by subsection (a)) 
shall take effect on the 90th day after the date of the enactment of 
this Act. 
Subtitle C—Miscellaneous Provisions 
SEC. 231. FOREIGN TRADE ZONE PROVISIONS. 
Bicycle 
(aXD The Congress finds that a delicate balance of the interests of 
components. 
the bicycle industry and the bicycle component parts industry has 
been reached through repeated revision of the Tariff Schedules of 
the United States so as to allow duty free import of those categories 
of bicycle component parts which are not manufactured domesti-
cally. The Congress further finds that this balance would be de-
stroyed by exempting otherwise dutiable bicycle component parts 
from the customs laws of the United States through granting foreign 
trade zone status to bicycle manufacturing and assembly plants in 
the United States and that the preservation of such balance is in the 
public interest and in the interest of the domestic bicycle industry. 
(2) Section 3 of the Act of June 18, 1934 (commonly known as the 
Foreign Trade Zones Act (19 U.S.C. 81c)), is amended— 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2991 
(A) by inserting "(a)" immediately before the first word 
thereof; 
(B) by redesignating paragraphs (a) and (b) as paragraphs (1) 
and (2), respectively; and 
(C) by adding at the end thereof the following new subsection: 
"(b) The exemption from the customs laws of the United States 
provided under subsection (a) shall not be available before June 30, 
1986, to bicycle component parts unless such parts are reexported 
from the United States, whether in the original package, as compo-
nents of a completely assembled bicycle, or otherwise.". 
(3) The amendments made by paragraph (2) shall take effect on 
the fifteenth day after the date of the enactment of this Act. 
mi) 
Section 15 of such Act of June 18, 1934 (19 U.S.C. 81o) is 
amended by adding at the end thereof the following new subsection: 
"(e) Tangible personal property imported from outside the United 
States and held in a zone for the purpose of storage, sale, exhibition, 
repackaging, assembly, distribution, sorting, grading, cleaning, 
mixing, display, manufacturing, or processing, and tangible personal 
property produced in the United States and held in a zone for 
exportation, either in its original form or as altered by any of the 
above processes, shall be exempt from State and local ad valorem 
taxation.". 
(2) The amendment made by paragraph (1) shall take effect on 
January 1,1983. 
SEC. 232. DENIAL OF DEDUCTION FOR CERTAIN FOREIGN ADVERTISING 
EXPENSES. 
(a) Section 162 of the Internal Revenue Code of 1954 (relating to 
trade or business expenses) is amended by redesignating subsection 
(j) as subsection (k) and by inserting after subsection (i) the following 
new subsection: 
"0") CERTAIN FOREIGN ADVERTISING EXPENSES.— 
"(1) IN GENERAL.—No deduction shall be allowed under sub-
section (a) for any expenses of an advertisement carried by a 
foreign broadcast undertaking and directed primarily to a 
market in the United States. This paragraph shall apply only to 
foreign broadcast undertakings located in a country which 
denies a similar deduction for the cost of advertising directed 
primarily to a market in the foreign country when placed with a 
United States broadcast undertaking. 
"(2) BROADCAST UNDERTAKING.—For purposes of paragraph 
(1), the term 'broadcast undertaking' includes (but is not limited 
to) radio and television stations.". 
(b) The amendment made by subsection (a) shall apply to taxable 
years beginning after the date of the enactment of this Act. 
SEC. 233. CERTAIN RELICS AND CURIOS. 
Section 925 of title 18, United States Code, is amended by insert-
ing at the end thereof the following: 
"(e) Notwithstanding any other provision of this title, the Secre-
tary shall authorize the importation of, by any licensed importer, 
the following: 
"(1) All rifles and shotguns listed as curios or relics by the 
Secretary pursuant to section 921(aX13), and 
"(2) All handguns, listed as curios or relics by the Secretary 
pursuant to section 921(a)(13), provided that such handguns are 
Effective date. 
19 use 81c note. 
Effective date. 
19 use 81o note. 
26 use 162. 
Effective date. 
26 use 162 note. 
Firearms. 
18 use 921. 
98 STAT. 2992 
PUBLIC LAW 98-573—OCT. 30, 1984 
generally recognized as particularly suitable for or readily 
adaptable to sporting purposes.". 
SEC. 234. MODIFICATION OF DUTIES ON CERTAIN ARTICLES USED IN 
CIVIL AVIATION. 
(a) The President may proclaim modifications in the rate of duty 
column numbered 1 and in the article descriptions, including the 
superior headings thereto, for the articles provided for in the follow-
ing items in the Tariff Schedules of the United States (19 U.S.C. 
1202) in order to provide duty-free coverage comparable to the 
expanded coverage provided by all other signatories to the Agree-
ment on Trade in Civil Aircraft pursuant to the extension of the 
Annex to the Agreement on Trade in Civil Aircraft on October 6, 
1983, and recorded in the decision of the Committee on March 22, 
1984, if such articles are certified for use in civil aircraft in accord-
ance with headnote 3 to schedule 6, part 6, subpart C of such 
Schedules: 
646.95 
680.95 
708.05 
660.85 
681.01 
708.07 
660.97 
681.15 
708.09 
661.06 
681.18 
708.21 
661.10 
681.21 
708.23 
661.15 
681.24 
708.25 
661.20 
682.05 
708.27 
661.35 
683.05 
708.29 
680.59 
683.07 
711.77 
680.61 
683.15 
711.78 
680.62 
708.01 
711.98 
680.92 
708.03 
711.49. 
19 use 2135. 
(h) For purposes of section 125 of the Trade Act of 1974, the 
duty-free treatment, if any, proclaimed under subsection (a) shall 
be considered to be trade agreement obligations entered into 
19 use 2101. 
under the Trade Act of 1974 of benefit to foreign countries or 
instrumentalities. 
SEC. 235. PRODUCTS OF CARIBBEAN BASIN COUNTRIES ENTERED IN 
PUERTO RICO. 
Subsection (a) of section 213 of the Caribbean Basin Economic 
Recovery Act (19 U.S.C. 2703) is amended by adding at the end 
thereof the following new paragraph: 
19 use 1311. 
"(3) Notwithstanding section 311 of the Tariff Act of 1930, the 
products of a beneficiary country which are imported directly 
from such country into Puerto Rico may be entered under bond 
for processing or use in manufacturing in Puerto Rico. No duty 
shall be imposed on the withdrawal from warehouse of the 
product of such processing or manufacturing if, at the time of 
such withdrawal, such product meets the requirements of para-
graph (1)(B).". 
SEC. 236. USER FEE FOR CUSTOMS SERVICES AT CERTAIN SMALL AIR-
PORTS. 
19 use 58b. 
(a) The Secretary of the Treasury shall make customs services 
available and charge a fee for the use of such customs services at— 
(1) the airport located at Lebanon, New Hampshire, and 
(2) any other airport designated by the Secretary of the 
Treasury under subsection (c). 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2993 
(b) The fee which is charged under subsection (a) shall be paid by 
each person using the customs services at the airport and shall be in 
an amount equal to the expenses incurred by the Secretary of the 
Treasury in providing the customs services which are rendered to 
such person at such airport (including the salary and expenses of 
individuals employed by the Secretary of the Treasury to provide 
such customs services). 
(c) The Secretary of the Treasury may designate 4 airports under 
this subsection. An airport may be designated under this subsection 
only i
f
— 
(1) the Secretary of the Treasury has made a determination 
that the volume or value of business cleared through such 
airport is insufficient to justify the availability of customs 
services at such airport, and 
(2) the governor of the State in which such airport is located 
approves such designation. 
(d) Any person who, after notice and demand for payment of any 
fee charged under subsection (a), fails to pay such fee shall be guilty 
of a misdemeanor and if convicted thereof shall pay a fine that does 
not exceed an amount equal to 200 percent of such fee. 
(e) Fees collected by the Secretary of the Treasury under subsec-
tion (a) with respect to the provision of services at an airport shall 
be deposited in an account within the Treasury of the United States 
that IS specially designated for such airport. The funds in such 
account shall only be available, as provided by appropriation Acts, 
for expenditures relating to the provision of customs services at such 
airport (including expenditures for the salaries and expenses of 
individuals employed to provide such services). 
SEC. 237. NOTIFICATION OF CERTAIN ACTIONS BY THE UNITED STATES 
CUSTOMS SERVICE. 
(a) The Commissioner of Customs shall notify the Committee on 
Finance of the Senate and the Committee on Ways and Means of the 
House of Representatives at least 90 days prior to initiating any 
major field reorganization or consolidation or taking any other 
action which would— 
(1) result in a significant reduction in force of employees other 
than by means of attrition; 
(2) eliminate or relocate any district, regional, or border office 
of the United States Customs Service; or 
(3) significantly reduce the number of employees assigned to 
any district, regional, or border office of the United States 
Customs Service. 
(b) The provisions of this section shall not apply after Septem- 
Effective dates. 
ber 30,1985. 
(c) The amendment made by subsection (a) shall take effect after 
the effective date of any provision of law enacted by the 98th 
Congress that would, but for this section, limit the authority of the 
Commissioner of Customs to reorganize or consolidate any district, 
regional, or border office of the Service. 
SEC. 238. COLUMBIA-SNAKE CUSTOMS DISTRICT. 
The Commissioner of the United States Customs Service shall 
1
9 use 2 note. 
establish a customs district that shall— 
(1) be known as the Columbia-Snake Customs District; 
(2) have headquarters at Portland, Oregon; and 
(3) consist of the following areas: 
98 STAT. 2994 
PUBLIC LAW 98-573—OCT. 30, 1984 
(A) The State of Oregon. 
(B) That part of the State of Idaho below 47 latitude. 
(C) The following counties in the State of Washington: 
Adams, 
Asotin, 
Benton, 
Clark, 
Columbia, 
Cowlitz, 
Franklin, 
Garfield, 
Klickitat, 
Skamania, 
Wahkiakum, 
Walla Walla, and 
Whitman. 
(D) That area of Pacific County, State of Washington, 
south of a line that would be in effect if the northern 
boundary of Wahkiakum County were extended westward 
to the Pacific Ocean. 
The ports of entry for Columbia-Snake Customs District are those 
ports of entry that were within the areas described in paragraph (3) 
on the date of the enactment of this Act; except that Boise, Idaho, is 
an additional port of entry for that District. 
SEC. 239. RELIQUIDATION OF CERTAIN MASS SPECTROMETER SYSTEMS. 
19 use 1514, 
Notwithstanding sections 514 and 520 of the Tariff Act of 1930 and 
1520. 
any other provision of law, the Secretary of the Treasury is author-
ized to reliquidate within six months of the date of enactment of this 
Act the entry of 2 mass spectrometer systems— 
(1) which were imported into the United States for the use of 
Montana State University, Bozeman, Montana, and 
(2) with respect to which applications were filed with the 
International Trade Administration of the Department of Com-
merce for duty-free entry of scientific instruments that were 
assigned the docket numbers 82-00323 and 83-108 (described in 
47 Federal Register 41409 and 48 Federal Register 13214, 
respectively), 
if the Secretary of Commerce finds that these systems are eligible to 
enter free of duty pursuant to headnote 6 of part 4 of schedule 8 of 
the Tariff Schedules of the United States. 
SEC. 240. MAX PLANCK INSTITUTE FOR RADIOASTRONOMY. 
(aXD The Secretary of the Treasury is authorized and directed to 
admit free of duty any article provided by the Max Planck Institute 
for Radioastronomy of the Federal Republic of Germany to the joint 
astronomical project being undertaken by the Steward Observatory 
of the University of Arizona and the Max Planck Institute for the 
construction, installation, and operation of a sub-mm telescope in 
the State of Arizona i
f
— 
(A) such article is an instrument or apparatus (within the 
meaning of headnote 6(a) of part 4 of schedule 8 of the Tariff 
Schedules of the United States (19 U.S.C. 1202)), and 
(B) no instruments or apparatus of equivalent scientific value 
for the purposes for which such article is intended to be used is 
being manufactured in the United States. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2995 
(2) For purposes of paragraph 1(B), scientific testing equipment 
provided by the Max Planck Institute and necessary for aligning, 
calibrating, or otherwise testing an instrument or apparatus shall 
be considered to be part of such instrument or apparatus. 
(b) The University of Arizona or the Max Planck Institute shall 
submit to the United States Customs Service and to the Interna-
tional Trade Administration descriptions of the articles sought to be 
admitted free of duty containing sufficient detail to allow the United 
States Customs Service to determine whether subsection (a)(1)(A) is 
satisfied and the International Trade Administration to determine 
whether subsection (a)(lXB) is satisfied. The descriptions may be 
submitted in a single or in several submissions to each agency, as 
the University of Arizona or the Max Planck Institute deem appro-
priate during the course of the project. The United States Customs 
Service and the International Trade Administration are directed to 
make their respective determinations under this section within 
ninety days of the date the agency receives a sufficient submission of 
information with respect to any article. 
(c) The Secretary of the Treasury is authorized and directed to 
readmit free of duty any article admitted free of duty under subsec-
tion (a) and subsequently returned to the Federal Republic of Ger-
many for repair, replacement, or modification. 
(d) The Secretary of the Treasury is authorized and directed to 
admit free of duty any repair components for articles admitted free 
of duty under subsection (a). 
(e) If any article admitted free of duty under subsection (a) is used 
for any purpose other than the joint project described in subsection 
(a)(1) within five years after being entered, duty on the article shall 
be assessed in accordance with the procedures established in head-
note 1 of part 4 of schedule 8 (19 U.S.C. 1202). 
(f) The provisions of subsection (a) shall apply with respect to 
Effective date, 
articles entered for consumption after the day which is 15 days after 
the date of enactment of this Act and before November 1, 1993. 
SEC. 
2
4
1 
DUTY-FREE 
ENTRY 
FOR RESEARCH EQUIPMENT 
FOR NORTH 
DAKOTA 
STATE 
UNIVERSITY, 
FARGO, 
NORTH 
DAKOTA. 
The research equipment that was imported for the use of North 
Dakota State University, Fargo, North Dakota, and entered on 
September 15, 1983, under entry number 83-116431-9, at Seattle, 
Washington, shall be considered to have been admitted free of duty 
as of the date of such entry. If the liquidation of such entry has 
become final, the Secretary of the Treasury shall reliquidate such 
entry and make the appropriate refund of any duty paid on such 
equipment. 
SEC. 242. DUTY-FREE ENTRY FOR PIPE ORGAN FOR THE CRYSTAL CATHE-
DRAL GARDEN GROVE, CALIFORNIA. 
The pipe organ which was imported for the use of the Crystal 
Cathedral of Garden Grove, California, and entered in six shipments 
between April 30,1981, and April 8,1982, at Los Angeles, California, 
shall be considered to have been admitted free of duty as of the date 
of each such entry. If the liquidation of any such entry has become 
final, the Secretary of the Treasury shall reliquidate each such 
entry and make the appropriate refund of any duty paid on such 
organ. 
98 STAT. 2996 
PUBLIC LAW 98-573—OCT. 30, 1984 
SEC. 243. DUTY-FREE ENTRY FOR SCIENTIFIC EQUIPMENT FOR THE 
ELLIS FISCHEL 
STATE CANCER HOSPITAL, COLUMBIA, 
MISSOURI. 
19 use 1654. 
Notwithstanding any provision of the Tariff Act of 1930 or any 
other provisions of the law to the contrary, the Secretary of the 
Treasury shall reliquidate, as duty free, the entries numbered 
220286 (dated November 7, 1975) and 235380 (dated January 23, 
1976) made at Chicago, Illinois, and covering scientific equipment 
for the use of the Ellis Fischel Cancer Hospital, Columbia, Missouri, 
in accordance with the decision of the Department of Commerce in 
docket numbered 76-00199-33-00530. 
SEC. 244. DUTY-FREE ENTRY OF ORGANS IMPORTED FOR THE USE OF 
TRINITY CATHEDRAL OF CLEVELAND, OHIO. 
The organs made by Flentrop Orgel Bouw, the Netherlands, that 
were imported for the use of Trinity Cathedral of Cleveland, Ohio, 
and entered during 1973-1978 shall be considered to have been 
admitted free of duty on the dates of entry. If the liquidation of any 
such entry has become final, the Secretary of the Treasury, if 
request therefor is filed with the appropriate customs officer within 
180 days after the date of the enactment of this Act, shall reliqui-
date the entry and make the appropriate refund of any duty paid. 
SEC. 245. SENSE OF CONGRESS REGARDING POSSIBLE EEC ACTION ON 
CORN GLUTEN. 
Whereas— 
(1) the European Council of Ministers has directed the Com-
mission of the European Community (EC) to initiate consulta-
tions with the United States and other interested parties under 
article XXVIII of the General Agreement on Tariffs and Trade 
(GATT) for the purpose of imposing tariff or tariff quota restric-
tions on imports of nongrain feed ingredients, including corn 
gluten feed; 
(2) the EC has considered proposals to impose a domestic 
consumption tax on vegetable fats and oils, which would under-
mine the intention of the duty-free binding on certain corn and 
soybean products imported from the United States; 
(3) the EC has bound in the GATT that it will impose no 
import duties on soybeans, soybean meal, com gluten feed, and 
other com by-products, and such zero-tariff bindings were 
agreed to in return for United States trade concessions to the 
EC during previous rounds of trade negotiations; 
(4) the EC h£is not demonstrated sound economic justification 
for restrictions on the import of nongrain feed ingredients and 
such restrictions would only shift the financial burden of EC 
Common Agricultural Policy (CAP) reform from the EC to other 
countries, with negligible improvement in the current EC 
budget situation; 
(5) action by the E
X
^ to breach a negotiated concession would 
severely erode the basic GATT principle of comparative advan-
tage and set a dangerous precedent which could threaten other 
previously negotiated concessions and serve as a precursor to 
restrictions on the import of soybeans £uid soybean products; 
and 
(6) the official position of the United States, as stated by the 
Secretary of Agriculture, is that there is strong support for 
the EC efforts to balance the Agricultural budget, but that the 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2997 
United States will oppose any efforts to limit its exports of corn 
gluten feed to the EC; 
it is the sense of Congress that— 
(A) the President should continue to firmly oppose the imposi-
tion of any restriction on European Community imports of 
nongrain feed ingredients, including corn gluten, and should 
support the current duty-free binding on such products; 
(B) the President should continue to rigorously oppose any 
European Community proposals which would violate the intent 
of the existing duty-free binding in the General Agreement on 
Tariffs and Trade on soybeans and soybean products and reaf-
firm the United States conviction that the imposition of a 
consumption tax on vegetable fats and oils by the European 
Community would represent a restraint of trade; and 
(C) if unilateral action is taken by the European Community 
to restrict or inhibit the importation of either nongrain feed 
ingredients, including corn gluten feed, or vegetable fats and 
oils, including soybean products, the United States should act 
immediately to restrict European Community imports of at 
least the aggregate value of the reduced and potentially reduced 
United States export products. 
SEC. 246. STUDY ON HONEY IMPORTS. 
(a) The Senate finds that— 
(1) in 1976 the International Trade Commission found that 
honey imports threatened serious injury to the domestic honey 
industry and recommended action to control honey imports, 
(2) the domestic honey industry is essential for production of 
many agricultural crops, 
(3) a significant part of our total diet is dependent directly or 
indirectly on insect pollination, and 
(4) it is imperative that the domestic honey bee industry be 
maintained at a level sufficient to provide crop pollination. 
(b) It is the sense of the Senate that the Secretary of Agriculture 
should promptly request the President to call for an International 
Trade Commission investigation of honey imports, under section 22 
of the Agriculture Adjustment Act. 
7 use 624. 
SEC. 247. COPPER IMPORTS. 
(a) The Congress finds that— 
(1) the United States International Trade Commission unani-
mously found that the United States copper producing industry 
is being seriously injured by copper imports; 
(2) worldwide copper prices are at record low levels; 
(3) foreign copper producers have increased their copper pro-
duction in spite of depressed world prices in an effort to meet 
their external debt obligations; 
(4) United States copper production has been reduced by over 
forty percent and over half of the work force has been laid off; 
(5) continuation of the current depressed world price for 
copper threatens severe economic distress for less developed 
countries which are dependent on copper exports as their major 
source of foreign exchange; 
(6) the competitivness of United States copper producers could 
be enhanced through the investment which could be generated 
if worldwide copper prices returned to more historically repre-
sentative levels; and 
98 STAT. 2998 
PUBLIC LAW 98-573—OCT. 30, 1984 
(7) a balanced reduction in foreign copper production which 
raises marginally the world price for copper would not disad-
vantage domestic fabricators by creating a two-tier pricing 
system. 
(b) It is the sense of Congress that the President should negotiate 
with the principal foreign copper-producing countries to conclude 
voluntary restraint agreements with those governments for the 
purpose of effecting a balanced reduction of total annual foreign 
copper production for a period of between three and five years in 
order to— 
(1) allow the price of copper on international markets to rise 
modestly to levels which will permit the remaining copper 
operations located in the United States to attract needed cap-
ital, and 
(2) achieve a secure domestic supply of copper. 
Report. 
(c) It is the further sense of the Congress that the President should 
submit a report to Congress, within twelve months of the date of 
enactment of this Act, explaining— 
(1) the results of his negotiations; or 
(2) why he felt it was inappropriate or unnecessary to under-
take such negotiations. 
SEC. 248. DISAPPROVAL OF PRESIDENTIAL DETERMINATIONS UNDER 
SECTION 203 OF THE TRADE ACT OF 1974. 
(a)(1) Section 203(c)(1) of the Trade Act of 1974 (19 U.S.C. 2253(c)(1)) 
is amended to read as follows: 
"(1) If the President reports under subsection (b) that he is taking 
action which differs from the action recommended by the Commis-
1
9 use 2251. 
sion under section 201(d)(1)(A), or that he will not provide import 
rel;ief, the action recommended by the Commission shall take effect 
(as provided in paragraph (2)) upon enactment of a joint resolution 
1
9 use 2252. 
described in section 152(a)(1)(A) within the 90-day period beginning 
on the date on which the document referred to in subsection (b) is 
transmitted to the Congress.". 
(2) Section 203(c)(2) of the Trade Act of 1974 (19 U.S.C. 2253(c)(2)) is 
amended— 
(A) by striking out "adoption of such resolution" and inserting 
in lieu thereof "enactment of the joint resolution referred to in 
paragraph (1)", and 
(B) by striking out "section 201(b)" and inserting in lieu 
thereof "section 201(d)". 
O
b
) Section 152(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 
2192(a)(1)(A)) is amended by striking out "concurrent resolution" 
and inserting in lieu thereof "joint resolution". 
(c) Section 330(d)(4) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(4)) is 
amended by striking out "the concurrent resolution described in 
such section 152" and inserting in lieu thereof "the joint resolution 
described in such section 152(a)(1)(A)". 
SEC. 249. SECTION 201 CRITERIA. 
Section 201(b) of the Trade Act of 1974 (19 U.S.C. 2251(b)) is 
amended— 
(1) by amending paragraph (2)— 
(A) by inserting "(whether maintained by domestic pro-
ducers, importers, wholesalers, or retailers)" after "inven-
tory" in subparagraph (B), 
(B) by striking out "and" at the end of subparagraph (B), 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 2999 
(C) by striking out the period at the end of subparagraph 
(C) and inserting in Heu thereof "; and", and 
(D) by adding at the end thereof the following: 
"(D) the presence or absence of any factor which the Commis-
sion is required to evaluate in subparagraphs (A) and (B) shall 
not necessarily be dispositive of whether an article is being 
imported into the United States in such increased quantities as 
to be a substantial cause of serious injury or threat of serious 
injury to the domestic industry."; and 
(2) by adding at the end thereof the following new paragraph: 
"(7) For purposes of this section, the term 'significant idling of 
productive facilities' includes the closing of plants or the underutili-
zation of production capacity.". 
SEC. 
2
5
0
. 
HOGS 
AND 
PORK 
PRODUCTS 
FROM 
CANADA. 
The pork industry contributes $9,000,000,000 annually to the 
United States economy; 
Over four hundred and fifty thousand United States farmers 
produce pork for domestic and foreign markets; 
United States imports of live hogs from Canada averaged one 
hundred thousand animals each year between 1970 and 1974, yet 
since 1981, such imports have increased yearly from one hundred 
and forty-six thousand head to an estimated more than one million 
head in 1984; 
The adverse economic effect of the recent surge in imports of 
Canadian hogs and pork products on United States pork producers 
has been estimated to be in excess of $500,000,000 in 1982 and 1983, 
and approximately $300,000,000 during the first five months of 1984; 
The Canadian Government provides price support for hogs at a 
level equal to 90 per centum of the previous five-year average 
market price, indexed for changes in cash costs of production of 
hogs, which represented a payment of $6.54 per head to Canadian 
pork producers last year, and all but one provincial government of 
Canada also provide direct production assistance to support 
Canadian pork producers; and 
It is essential that the administration act immediately to address 
the threat to the United States pork production industry caused by 
the dramatic increase in imports of hogs and pork products from 
Canada. 
It is the sense of the Senate that the President should direct 
appropriate members of the administration, including the United 
States Trade Representative, the Secretary of Agriculture, and the 
Secretary of Commerce, to aggressively pursue discussions with the 
Canadian Government directed toward resolving this situation and 
use all available authorities in an effort to protect the economic 
viability of the United States pork industry and to promote free and 
fair trade. 
SEC. 251. COPYRIGHT PROTECTION OF COMPUTER SOFTWARE. 
Since the development of computer software and other informa-
tion technologies is increasingly important to economic growth and 
productivity in the United States and other nations; 
Since the United States is the world leader in the technological 
development of computer software and in the production and sale of 
computer software; 
Since the United States has since 1964 considered computer 
software a work of authorship protected by copyright and this form 
98 STAT. 3000 
PUBLIC LAW 98-573—OCT. 30, 1984 
of intellectual property right protection has served to encourage 
continuing research, development, and innovation of computer 
software; 
Since copyright protection is afforded computer software by most 
industrialized nations including Japan, the Netherlands, France, 
the Federal Republic of Germany, the United Kingdom, South 
Africa, Hungary, Taiwan, and Australia; 
Since Japan is reviewing a proposal to abandon copyright protec-
tion of software and to adopt a system that rejects the principle that 
software is a work of authorship; 
Since Japan is reviewing a proposal that also provides broadly 
for the compulsory licensing of software; and 
Since the enactment by Japan of such a proposal could prompt 
the adoption of similar proposals by other nations currently consid-
ering this question, with serious adverse effects on the existing 
international order for the protection of intellectual property rights: 
Now, therefore, be it 
Declared that it is the sense of the Congress that— 
(1) copyright protection is an essential form of intellectual 
property right protection for computer software; 
(2) any proposal to abandon copyright protection of software 
or to provide a new system of legal protection that incorporates 
compulsory licensing of software would (A) disserve the goal of 
promoting continuing development and innovation in computer 
software; (B) undermine the international consensus that com-
puter software is a work of authorship protected by copyright; 
(C) result in economic harm to the computer software industry 
of the United States, and also of Japan and of other nations; and 
(D) contribute to increasing trade tensions among the nations of 
the world; and 
(3) if a nation withdraws copyright protection of software or 
provides for broad compulsory licensing of software, it would be 
in the interests of the United States and other nations to seek 
appropriate relief, including that provided under the Universal 
Copyright Convention, to ensure the just protection of intellec-
tual property rights and the promotion of free and fair trade. 
International 
TITLE III—INTERNATIONAL TRADE AND 
Investment Act. 
I N V E S T M E N T 
SEC. 301. SHORT TITLE; AMENDMENT OF TRADE ACT OF 1974. 
19 use 2101 
(a) This title may be cited as the "International Trade and Invest-
note. 
ment Act". 
(b) Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Trade 
19 use 2101. 
Act of 1974. 
19 use 2102 
SEC. 302. STATEMENT OF PURPOSES. 
The purposes of this title are— 
(1) to foster the economic growth of, and full employment in, 
the United States by expanding competitive United States ex-
ports through the achievement of commercial opportunities in 
foreign markets substantially equivalent to those accorded by 
the United States; 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3001 
(2) to improve the ability of the President— 
(A) to identify and to analyze barriers to (and restrictions 
on) United States trade and investment, and 
(B) to achieve the elimination of such barriers and 
restrictions; 
(3) to encourage the expansion o
f
— 
(A) international trade in services through the negotia-
tion of agreements (both bilateral and multilateral) which 
reduce or eliminate barriers to international trade in serv-
ices, and 
(B) United States service industries in foreign commerce; 
and 
(4) to enhance the free flow of foreign direct investment 
through the negotiation of agreements (both bilateral and mul-
tilateral) which reduce or eliminate the trade distortive effects 
of certain investment-related measures. 
SEC. 303. ANALYSIS OF FOREIGN TRADE BARRIERS. 
(a) Title I (19 U.S.C. 2111 et seq.) is amended by adding at the end 
thereof the following new chapter: 
"CHAPTER 8—BARRIERS TO MARKET ACCESS 
"SEC. 181. ACTIONS CONCERNING BARRIERS TO MARKET ACCESS. 
19 USC 2241. 
"(a) NATIONAL TRADE ESTIMATES.— 
"(1) IN GENERAL.—Not later than the date on which the initial 
report is required under subsection (b)(1), the United States 
Trade Representative, through the interagency trade organiza-
tion established pursuant to section 242(a) of the Trade Expan-
sion Act of 1962 shall— 
19 use 1872. 
"(A) identify and analyze acts, policies, or practices which 
constitute significant barriers to, or distortions o
f
— 
"(i) United States exports of goods or services (includ-
ing agricultural commodities; and property protected 
by trademarks, patents, and copjn-ights exported or 
licensed by United States persons), and 
"(ii) foreign direct investment by United States per-
sons, especially if such investment has implications for 
trade in goods or services; and 
"(B) make an estimate of the trade-distorting impact on 
United States commerce of any act, policy, or practice 
identified under subparagraph (A). 
"(2) CERTAIN FACTORS TAKEN INTO ACCOUNT IN MAKING ANALY-
SIS A
N
D ESTIMATE.—In making any analysis or estimate under 
paragraph (1), the Trade Representative shall take into 
account— 
"(A) the relative impact of the act, policy, or practice on 
United States commerce; 
"(B) the availability of information to document prices, 
market shares, and other matters necessary to demonstrate 
the effects of the act, policy, or practice; 
"(C) th3 extent to which such act, policy, or practice is 
subject to international agreements to which the United 
States is a party; and 
"(D) any advice given through appropriate committees 
established pursuant to section 135. 
19 use 2155. 
98 STAT. 3002 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(3) ANNUAL REVISIONS AND UPDATES.—The Trade Representa-
tive sheill annually revise and update the analysis and estimate 
under paragraph (1). 
"(b) REPORT TO CONGRESS.— 
"(1) IN GENERAL.—On or before the date which is one year 
after the date of the enactment of the International Trade and 
Ante, p. 3000. 
Investment Act, and each year thereafter, the Trade Represent-
ative shall submit the analysis and estimate under subsection 
(a) to the Committee on Finance of the Senate and to the 
Committee on Ways and Means of the House of Representa-
tives. 
"(2) 
REPORTS TO INCLUDE INFORMATION WITH RESPECT TO 
ACTION BEING TAKEN.—The Trade Representative shall include 
in each report submitted under paragraph (1) information with 
respect to any action taken (or the reasons for no action taken) 
to eliminate any act, policy, or practice identified under subsec-
tion (a), including, but not limited to— 
"(A) any action under section 301, or 
"(B) 
negotiations 
or 
consultations 
with 
foreign 
governments. 
"(3) CONSULTATION WITH CONGRESS ON TRADE POLICY PRIOR-
ITIES.—The Trade Representative shall keep the committees 
described in paragraph (1) currently informed with respect to 
trade policy priorities for the purposes of expanding market 
opportunities. 
"(c) ASSISTANCE OF OTHER AGENCIES.— 
"(1) FURNISHING OF INFORMATION.—The head of each depart-
ment or Eigency of the executive branch of the Government, 
including any independent agency, is authorized and directed to 
furnish to the Trade Representative or to the appropriate 
agency, upon request, such data, reports, and other information 
as is necessary for the Trade Representative to carry out his 
functions under this section. 
"(2) RESTRICTIONS ON RELEASE OR USE OF INFORMATION.—Noth-
ing in this subsection shall authorize the release of information 
to, or the use of information by, the Trade Representative in a 
manner inconsistent with law or any procedure established 
pursuant thereto. 
"(3) PERSONNEL AND SERVICES.—The head of any department, 
agency, or instrumentality of the United States may detail such 
personnel and may furnish such services, with or without reim-
bursement, as the Trade Representative may request to assist in 
carrying out his functions.", 
(b) The table of contents for title I is amended by adding at the 
end thereof the following: 
"CHAPTER 8—BARRIERS TO MARKET ACCESS 
"Sec. 181. Actions concerning barriers to market access.". 
SEC. 304. AMENDMENTS TO TITLE ill OF THE TRADE ACT OF 1974. 
(a) Section 301(a) (19 U.S.C. 2411(a)) is amended to read as follows: 
"(a) DETERMINATIONS REQUIRING ACTION.— 
President of U.S. 
"(1) IN GENERAL.—If the President determines that action by 
the United States is appropriate— 
"(A) to enforce the rights of the United States under any 
trade agreement; or 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3003 
"(B) to respond to any act, policy, or practice of a foreign 
country or instrumentality that— 
(i) is inconsistent with the provisions of, or other-
wise denies benefits to the United States under, any 
trade agreement, or 
"(ii) is unjustifiable, unreasonable, or discriminatory 
and burdens or restricts United States commerce; 
the President shall take all appropriate and feasible action 
within his power to enforce such rights or to obtain the elimina-
tion of such act, policy, or practice. 
"(2) SCOPE OF ACTION.—The President may exercise his 
authority under this section with respect to any goods or 
sector— 
"(A) on a nondiscriminatory basis or solely against the 
foreign country or instrumentality involved, and 
"(B) without regard to whether or not such goods or 
sector were involved in the act, policy, or practice identified 
under paragraph (1).". 
(b) Section 301(b) (19 U.S.C. 2411(b)) is amended— 
(1) by striking out "and" at the end of paragraph (1); 
(2) by inserting ", notwithstanding any other provision of 
law," before "fees in paragraph (2); and 
(3) by striking out products" in paragraph (2) and inserting 
in lieu thereof "goods". 
(c) Section 301 is amended by redesignating subsections (c) and (d) 
as subsections (d) and (e), respectively, and by inserting after subsec-
tion (b) the following new subsection: 
"(c) ADDITIONAL ACTIONS ON SERVICES.— 
"(1) IN GENERAL.—Notwithstanding any other provision of law 
governing any service sector access authorization, and in addi-
tion to the authority conferred in subsection (b), the President 
may— 
"(A) restrict, in the manner and to the extent the Presi-
dent deems appropriate, the terms and conditions of any 
such authorization, or 
"(B) deny the issuance of any such authorization. 
"(2) AFFECTED AUTHORIZATIONS.—Actions under paragraph (1) 
shall apply only with respect to service sector access authoriza-
tions granted, or applications therefor pending, on or after the 
date on which— 
"(A) a petition is filed under section 302(a), or 
infra. 
"(B) a determination to initiate an investigation is made 
by the United States Trade Representative (hereinafter in 
this chapter referred to as the 'Trade Representative') 
under section 302(c). 
"(3) CONSULTATION.—Before the President takes action under 
subsection (b) or (c) involving the imposition of fees or other 
restrictions on the services of a foreign country, the Trade 
Representative shall, if the services involved are subject to 
regulation by any agency of the Federal Government or of any 
State, consult, as appropriate, with the head of the agency 
concerned.". 
(dXD Section 302 (19 U.S.C. 2412) is amended to read as follows: 
"SEC. 302. INITIATION OF INVESTIGATIONS BY UNITED STATES TRADE 
REPRESENTATIVE. 
"(a) FiUNG OF PETITION.— 
98 STAT. 3004 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(1) IN GENERAL.—Any interested person may file a petition 
with the United States Trade Representative (hereinafter in 
this chapter referred to as the 'Trade Representative') request-
Arete, p. 3002. 
ing the President to take action under section 301 and setting 
forth the allegations in support of the request. 
"(2) REVIEW OF ALLEGATIONS.—The Trade Representative 
shall review the allegations in the petition and, not later than 
forty-five days after the date on which he received the petition, 
shall determine whether to initiate an investigation. 
Federal 
"(b) DETERMINATIONS REGARDING PETITIONS.— 
^g?^J, 
"(1) NEGATIVE DETERMINATION.—If the Trade Representative 
pu ica ion. 
determines not to initiate an investigation with respect to a 
petition, he shall inform the petitioner of the reasons therefor 
and shall publish notice of the determination, together with a 
summary of such reasons, in the Federal Register. 
"(2) AFFIRMATIVE DETERMINATION.—If the Trade Representa-
tive determines to initiate an investigation with respect to a 
petition, he shall initiate an investigation regarding the issues 
raised. The Trade Representative shall publish a summary of 
the petition in the Federal Register and shall, as soon as 
possible, provide opportunity for the presentation of views con-
cerning the issues, including a public hearing— 
"(A) within the thirty-day period after the date of the 
determination (or on a date after such period if agreed to by 
the petitioner) if a public hearing within such period is 
requested in the petition; or 
"(B) at such other time if a timely request therefor is 
made by the petitioner or by any interested person. 
"(c) DETERMINATION TO INITIATE BY MOTION OF TRADE REPRESENT-
ATIVE.— 
"(1) DETERMINATION TO INITIATE.—If the Trade Representative 
determines with respect to any matter that an investigation 
should be initiated in order to advise the President concerning 
the exercise of the President's authority under section 301, the 
Trade Representative shall publish such determination in the 
Federal Register and such determination shall be treated as an 
affirmative determination under subsection (bX2). 
"(2) CONSULTATION BEFORE INITIATION.—The Trade Represent-
ative shall, before making any determination under paragraph 
(1), consult with appropriate committees established pursuant to 
19 use 2155. 
section 135.". 
19 use 2171. 
(2XA) Section 141(d) is amended— 
(i) by striking out "and" at the end of paragraph (6), 
(ii) by striking out the period at the end of paragraph (7) and 
inserting in lieu thereof a semicolon and "and", and 
(iii) by adding at the end thereof the following new paragraph: 
"(8) provide, where authorized by law, copies of documents to 
persons at cost, except that any funds so received shall be 
credited to, and be available for use from, the account from 
which expenditures relating thereto were made.". 
(B) Section 303 (19 U.S.C. 2413) is amended— 
(i) by striking out "with respect to a petition"; 
(ii) by inserting "or the determination of the 'Trade Represent-
Ante, p. 3003. 
ative Under section 302(cXl)" after "in the petition"; and 
(iii) by inserting "(if any)" after "petitioner". 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3005 
(C) Section 304 (19 U.S.C. 2414) is amended by striking out "issues 
raised in the petition" and inserting in lieu thereof "matters under 
investigation" in paragraph (1) of subsection (a). 
(D) The item relating to section 302 in the table of contents is 
amended to read as follows: 
"Sec. 302. Initiation of Investigations by United States Trade Representative.". 
(e) Section 303 (19 U.S.C. 2413) is amended— 
(1) by inserting "(a) IN GENERAL.—" before "On"; and 
(2) by adding at the end thereof the following new subsection: 
"db) DELAY OF REQUEST FOR CONSULTATIONS FOR U P TO 90 DAYS.— 
"(1) IN GENERAL.—Notwithstanding the provisions of subsec-
tion (a)— 
"(A) the United States Trade Representative may delay 
for up to 90 days any request for consultations under 
subsection (a) for the purpose of verifying or improving the 
petition to ensure an adequate basis for consultation, and 
"(B) if such consultations are delayed by reason of sub-
paragraph (A), each time limitation under section 304 shall 
19 use 2414. 
be extended for the period of such delay. 
"(2) NOTICE AND REPORT.—The Trade Representative shall— 
"(A) publish notice of any delay under paragraph (1) in 
Federal 
the Federal Register, and 
^^fi^^t' 
"(B) report to Congress on the reasons for such delay in 
^^ ^'^^ ^°^' 
the report required by section 306.". 
19 use 2416. 
(f)(1) Paragraph (1) of section 301(e) (19 U.S.C. 2411(e)), as redesig-
nated by subsection (c) of this section, is amended to read as follows: 
"(1) COMMERCE.—The term 'commerce' includes, but is not 
limited to— 
"(A) services (including transfers of information) asso-
ciated with international trade, whether or not such serv-
ices are related to specific goods, and 
"(B) foreign direct investment by United States persons 
with implications for trade in goods or services.". 
(2) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection 
(c) of this section, is amended by adding at the end thereof the 
following new paragraphs: 
"(3) UNREASONABLE.—The term 'unreasonable' means any 
act, policy, or practice which, while not necessarily in violation 
of or inconsistent with the international legal rights of the 
United States, is otherwise deemed to be unfair and inequitable. 
The term includes, but is not limited to, any act, policy, or 
practice which denies fair and equitable— 
"(A) market opportunities; 
"(B) opportunities for the establishment of an enterprise; 
or 
"(C) provision of adequate and effective protection of 
intellectual property rights. 
"(4) UNJUSTIFIABLE.— 
"(A) IN GENERAL.—The term 'unjustifiable' means any 
act, policy, or practice which is in violation of, or inconsist-
ent with, the international legal rights of the United States. 
"(B) CERTAIN ACTIONS INCLUDED.—The term 'unjustifi-
able' includes, but is not limited to, any act, policy, or 
practice described in subparagraph (A) which denies 
98 STAT. 3006 
PUBLIC LAW 98-573—OCT. 30, 1984 
national or most-favored-nation treatment, the right of 
estabhshment, or protection of intellectual property rights. 
"(5) DEFINITION OF DISCRIMINATORY.—The term 'discrimina-
tory' includes, where appropriate, any act, policy, or practice 
which denies national or most-favored-nation treatment to 
United States goods, services, or investment. 
"(6) SERVICE SECTOR ACCESS AUTHORIZATION.—The term 'serv-
ice sector access authorization' means any license, permit, 
order, or other authorization, issued under the authority of 
Federal law, that permits a foreign supplier of services access to 
the United States market in a service sector concerned.". 
(3) Section 301(e) (19 U.S.C. 2411(e)), as redesignated by subsection 
(c) of this section, is amended by striking out the heading and 
inserting in lieu thereof: 
"(e) DEFINITIONS; SPECIAL RULE FOR VESSEL CONSTRUCTION SUBSI-
DIES.—For purposes of this section—". 
(g) Section 305 of the Trade Act of 1974 (19 U.S.C. 2415) is 
amended by adding at the end thereof the following new subsection: 
Confidentiality. 
"(c) CERTAIN BUSINESS INFORMATION NOT M A D E AVAILABLE.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), and 
notwithstanding any other provision of law (including section 
552 of title 5, United States Code), no information requested and 
received by the Trade Representative in aid of any investigation 
under this chapter shall be made available to any person if— 
"(A) the person providing such information certifies 
that— 
"(i) such information is business confidential, 
"(ii) the disclosure of such information would endan-
ger trade secrets or profitability, and 
"(iii) such information is not generally available; 
"(B) the Trade Representative determines that such certi-
fication is well-founded; and 
"(C) to the extent required in regulations prescribed by 
the Trade Representative, the person providing such infor-
mation provides an adequate nonconfidential summary of 
such information. 
"(2) USE OF INFORMATION.—The Trade Representative may— 
"(A) use such information, or make such information 
available (in his own discretion) to any employee of the 
Federal Government for use, in any investigation under 
this chapter, or 
"(B) may make such information available to any other 
person in a form which cannot be associated with, or other-
wise identify, the person providing the information.". 
SEC. 305. NEGOTIATING OBJECTIVES WITH RESPECT TO INTERNATIONAL 
TRADE IN SERVICES AND INVESTMENT AND HIGH TECHNOL-
OGY INDUSTRIES. 
(aXD Chapter 1 of title I is amended by inserting immediately 
after section 104 the following new section: 
19 u s e 2114a. 
"SEC. 104A. NEGOTIATING OBJECTIVES WITH RESPECT TO TRADE IN 
SERVICES, FOREIGN DIRECT INVESTMENT, AND HIGH 
TECHNOLOGY PRODUCTS. 
"(a) TRADE IN SERVICES.— 
"(1) IN GENERAL.—Principal United States negotiating objec-
19 use 2112. 
tives under section 102 shall be— 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3007 
"(A) to reduce or to eliminate barriers to, or other distor-
tions of, international trade in services (particularly United 
States service sector trade in foreign markets), including 
barriers that deny national treatment and restrictions on 
the establishment and operation in such markets; and 
"(B) to develop internationally agreed rules, including 
dispute settlement procedures, which— 
"(i) are consistent with the commercial policies of the 
United States, and 
"(ii) will reduce or eliminate such barriers or distor-
tions and help ensure open international trade in 
services. 
"(2) DOMESTIC OBJECTIVES.—In pursuing the objectives de-
scribed in paragraph (1), United States negotiators shall take 
into account legitimate United States domestic objectives in-
cluding, but not limited to, the protection of legitimate health or 
safety, essential security, environmental, consumer or employ-
ment opportunity interests and the laws and regulations related 
thereto. 
"(b) FOREIGN DIRECT INVESTMENT.— 
"(1) IN GENERAL.—Principal United States negotiating objec-
tives under section 102 shall be— 
19 USC 2112. 
"(A) to reduce or to eliminate artificial or trade-distorting 
barriers to foreign direct investment, to expand the princi-
ple of national treatment, and to reduce unreasonable bar-
riers to establishment; and 
"(B) to develop internationally agreed rules, including 
dispute settlement procedures, which— 
"(i) will help ensure a free flow of foreign direct 
investment, and 
"(ii) will reduce or eliminate the trade distortive 
effects of certain investment related measures. 
"(2) DOMESTIC OBJECTIVES.—In pursuing the objectives de-
scribed in paragraph (1), United States negotiators shall take 
into account legitimate United States domestic objectives in-
cluding, but not limited to, the protection of legitimate health or 
safety, essential security, environmental, consumer or employ-
ment opportunity interests and the laws and regulations related 
thereto. 
"(c) HIGH TECHNOLOGY PRODUCTS.—Principal United States nego-
tiating objectives shall be— 
"(1) to obtain and preserve the maximum openness with 
respect to international trade and investment in high technol-
ogy products and related services; 
"(2) to obtain the elimination or reduction of, or compensation 
for, the significantly distorting effects of foreign government 
acts, policies, or practices identified in section 181, with particu- 
Ante, p. 3001. 
lar consideration given to the nature and extent of foreign 
government intervention affecting United States exports of 
high technology products or investments in high technology 
industries, including— 
"(A) foreign industrial policies which distort interna-
tional trade or investment; 
"(B) measures which deny national treatment or other-
wise discriminate in favor of domestic high technology 
industries; 
98 STAT. 3008 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(C) measures which fail to provide adequate and effec-
tive means for foreign nationals to secure, exercise, and 
enforce exclusive rights in intellectual property (including 
trademarks, patents, and copyrights); 
"(D) measures which impair access to domestic markets 
for key commodity products; and 
"(E) measures which facilitate or encourage anticompeti-
tive market practices or structures; 
"(3) to obtain commitments that official policy of foreign 
countries or instrumentalities will not discourage government 
or private procurement of foreign high technology products and 
related services; 
"(4) to obtain the reduction or elimination of all tariffs on, 
and other barriers to. United States exports of high technology 
products and related services; 
"(5) to obtain commitments to foster national treatment; 
"(6) to obtain commitments to— 
"(A) foster the pursuit of joint scientific cooperation be-
tween companies, institutions or governmental entities of 
the United States and those of the trading partners of the 
United States in areas of mutual interest through such 
measures as financial participation and technical and per-
sonnel exchanges, and 
"(B) ensure that access by all participants to the results 
of any such cooperative efforts should not be impaired; and 
"(7) to provide effective minimum safeguards for the acquisi-
tion and enforcement of intellectual property rights and the 
property value of proprietary data. 
"(d) DEFINITION OF BARRIERS AND OTHER DISTORTIONS.—For pur-
poses of subsection (a), the term 'barriers to, or other distortions of, 
international trade in services' includes, but is not limited to— 
"(1) barriers to establishment in foreign markets, and 
"(2) restrictions on the operation of enterprises in foreign 
markets, including— 
"(A) direct or indirect restrictions on the transfer of 
information into, or out of, the country or instrumentality 
concerned, and 
"(B) restrictions on the use of data processing facilities 
within or outside of such country or instrumentality.". 
(2) The table of contents for chapter 1 of title I is amended by 
inserting after the item relating to section 104 the following new 
item: 
"Sec. 104A. N^otiating objectives with respect to trade in services, foreign direct 
investment, and high technology products.". 
19 use 2114b. 
SEC. 306. PROVISIONS 
RELATING 
TO 
INTERNATIONAL TRADE 
IN 
SERVICES. 
(aXD The Secretary of Commerce shall establish a service indus-
tries development program designed to— 
(A) develop, in consultation with other Federal agencies as 
appropriate, policies regarding services that are designed to 
increase the competitiveness of United States service industries 
in foreign commerce; 
(B) develop a data base for assessing the adequacy of Govern-
ment policies and actions pertaining to services, including, but 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3009 
not limited to, data on trade, both aggregate and pertaining to 
individual service industries; 
(C) collect and analyze, in consultation with appropriate agen-
cies, information pertaining to the international operations and 
competitiveness of United States service industries, including 
information with respect to— 
(i) policies of foreign governments toward foreign and 
United States service industries; 
(ii) Federal, State, and local regulation of both foreign 
and United States suppliers of services, and the effect of 
such regulation on trade; 
(iii) the adequacy of current United States policies to 
strengthen the competitiveness of United States service 
industries in foreign commerce, including export promotion 
activities in the service sector; 
(iv) tax treatment of services, with particular emphasis 
on the effect of United States taxation on the international 
competitiveness of United States firms and exports; 
(v) treatment of services under international agreements 
of the United States; 
(vi) antitrust policies as such policies affect the competi-
tiveness of United States firms; and 
(vii) treatment of services in international agreements of 
the United States; 
(D) conduct a program of research and an£ilysis of service-
related issues and problems, including forecasts and industrial 
strategies; and 
(E) conduct sectoral studies of domestic service industries. 
(2) For purposes of the collection and analysis required by para-
graph (1), and for the purpose of any reporting the Department of 
Commerce makes under paragraph (3), such collection and reporting 
shall distinguish between income from investment and income from 
noninvestment services. 
(3) On not less than a biennial basis beginning in 1986, the 
Secretary shall prepare a report which analyzes the information 
collected under paragraph (1). Such report shall be submitted to the 
Congress and to the President by not later than the date that is 120 
days after the close of the period covered by the report. 
(4) The Secretary of Commerce shall carry out the provisions of 
this subsection from funds otherwise made available to him which 
may be used for such purposes. 
(5) For purposes of this section, the term "services" means eco-
nomic activities whose outputs are other than tangible goods. Such 
term includes, but is not limited to, banking, insurance, transporta-
tion, communications and data processing, retail and wholesale 
trade, advertising, accounting, construction, design and engineering, 
management consulting, real estate, professional services, entertain-
ment, education, health care, and tourism. 
GJXD The International Investment Survey Act of 1976 (Public 
Law 94-472; 22 U.S.C. 3101, et seq.) is hereby redesignated the 
"International Investment and Trade in Services Survey Act". 
(2XA) Subsection (a) of section 2 of the International Investment 
and Trade in Services Survey Act (22 U.S.C. 3301) is amended— 
(i) by striking out "and" at the end of paragraph (6); 
(ii) by inserting "and trade in services" after "international 
investment" in paragraph (7); 
(iii) by redesignating paragraph (7) as paragraph (9); and 
Report. 
International 
Investment and 
Trade in 
Services Survey 
Act. 
22 use 3101 
note. 
98 STAT. 3010 
PUBLIC LAW 98-573—OCT. 30, 1984 
(iv) by inserting after paragraph (6) the following new 
paragraphs: 
"(7) United States service industries engaged in interstate and 
foreign commerce account for a substantial part of the labor 
force and gross national product of the United States economy, 
and such commerce is rapidly increasing; 
"(8) international trade and services is an important issue for 
international negotiations and deserves priority in the attention 
of governments, international agencies, negotiators, and the 
private sector; and". 
22 use 3101. 
(B) Subsection (b) of section 2 of such Act is amended— 
(i) by inserting "and United States foreign trade in services, 
whether directly or by affiliates, including related information 
necessary for assessing the impact of such investment and 
trade," after "international investment" the first place it ap-
pears; and 
(ii) by inserting "and trade in services" after "international 
investment" the second place it appears. 
(C) Subsection (c) of section 2 of such Act is amended by striking 
out "or United States investment abroad" and inserting in lieu 
thereof ", United States investment abroad, or trade in services". 
(3) Paragraph (3) of section 4(a) of such Act (22 U.S.C. 3103(aX3)) is 
amended— 
(A) by inserting "Finance" after "to the Committees on", and 
(B) by striking out "the Committee on Foreign Affairs" and 
inserting in lieu thereof "the Committees on Ways and Means, 
Energy and Commerce, and Foreign Affairs". 
(4XA) Subsection (a) of section 4 of such Act (22 U.S.C. 3103(a)) is 
amended— 
(i) by striking out "presentation relating to international 
investment" in paragraph (3) and inserting in lieu thereof 
"presentation"; 
(ii) by inserting "and trade in services" after "international 
investment" each place it appears in pareigraphs (1), (2), and (3); 
(iii) by striking out "and" at the end of paragraph (3); 
(iv) by redesignating paragraph (4) as paragraph (5); and 
(v) by inserting after paragraph (3) the following new 
paragraph: 
"(4) conduct (not more frequently than once every five years 
and in addition to any other surveys conducted pursuant to 
paragraphs (1) and (2)) benchmark surveys with respect to trade 
in services between unaffiliated United States persons and 
foreign persons; and". 
(B) Subparagraph (C) of section 4(bX2) of such Act is amended by 
inserting "(including trade in both goods and services)" after "re-
garding trade". 
(C) Subsection (f) of section 4 of such Act is gmiended by inserting 
"and trade in services" after "international investment". 
(5) Subsection (b) of section 5 of such Act (22 U.S.C. 3104) is 
amended by striking out "international investment" each place it 
appears. 
19 use 2114c. 
(cXlXA) The United States Trade Representative, through the 
interagency trade organization established pursuant to section 
19 use 1872. 
242(a) of the Trade Expansion Act of 1962 or any subcommittee 
thereof, shall, in conformance with this Act and other provisions of 
law, develop (and coordinate the implementation of) United States 
policies concerning trade in services. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3011 
(B) In order to encourage effective development, coordination, and 
implementation of United States policies on trade in services— 
(i) each department or agency of the United States responsible 
for the regulation of any service sector industry shall, as 
appropriate, advise and work with the United States Trade 
Representative concerning matters that have come to the de-
partment's or agency's attention with respect to— 
(I) the treatment afforded United States service sector 
interest in foreign markets; or 
(II) allegations of unfair practices by foreign governments 
or companies in a service sector; and 
(ii) the Department of Commerce, together with other appro-
priate agencies as requested by the United States Trade Repre-
sentative, shall provide staff support and other assistance for 
negotiations on service-related issues by the United States 
Trade Representatives and the domestic implementation of 
service-related agreements. 
(C) Nothing in this paragraph shall be construed to alter any 
existing authority or responsibility with respect to any specific 
service sector. 
(2)(A) The President shall, as he deems appropriate— 
President of U.S. 
(i) consult with State governments on issues of trade policy, 
including negotiating objectives and implementation of trade 
agreements, affecting the regulatory authority of non-Federal 
governments, or their procurement of goods and services; 
(ii) establish one or more intergovernmental policy advisory 
committees on trade which shall serve as a principal forum in 
which State and local governments may consult with the 
Federal Government with respect to the matters described in 
clause (i); and 
(iii) provide to State and local governments and to United 
States service industries, upon their request, advice, assistance, 
and (except as may be otherwise prohibited by law) data, analy-
ses, and information concerning United States policies on inter-
national trade in services. 
(B) Section 135 (19 U.S.C. 2155) is amended— 
(i) by inserting "and the non-Federal governmental sector" 
after ' private sector" in subsection (a), 
(ii) by adding at the end of subsection (c) the following new 
paragraph: 
"(3) The President— 
"(A) may establish policy advisory committees represent-
ing non-Federal governmental interests to provide, where 
the President finds it necessary, policy advice— 
"(i) on matters referred to in subsection (a), and 
"(ii) with respect to implementation of trade agree-
ments, and 
"(B) shall include as members of committees established 
under subparagraph (A) representatives of non-Federal gov-
ernmental interests if he finds such inclusion appropriate 
after consultation by the United States Trade Representa-
tive with such representatives."; 
(iii) by inserting "or non-Federal government" after "private" 
each place it appears in subsections (g) and (j); 
(iv) by inserting "government," before "labor" in subsection 
(j); and 
(v) by adding at the end thereof the following new subsection: 
98 STAT. 3012 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(n) NON-FEDERAL GOVERNMENT DEFINED.—The term 'non-Federal 
government' means— 
"(1) any State, territory, or possession of the United States, or 
the District of Columbia, or any political subdivision thereof, or 
"(2) any agency or instrumentality of any entity described in 
paragraph (1)."; and 
(vi) by inserting "or Public" after "Private" in the heading 
(CXi) Section 104(c) (19 U.S.C. 2114(c)) is amended by inserting "or 
non-Federal governmental" after "private". 
(ii) Section 303 (19 U.S.C. 2413) and section 304(b)(2) (19 U.S.C. 
2414(bX2)) are each amended by striking out "private sector". 
(iii) The table of sections for chapter 3 of title I is amended by 
inserting "and public" after "private" in the item relating to section 
135. 
SEC. 307. NEGOTIATING AUTHORITY WITH RESPECT TO FOREIGN DIRECT 
INVESTMENT. 
(a) Paragraph (3) of section 102(g) (19 U.S.C. 2112(gX3)) is amended 
to read as follows: 
"(3) the term 'international trade' includes— 
"(A) trade in both goods and services, and 
"(B) foreign direct investment by United States persons, 
especially if such investment has implications for trade in 
goods and services.". 
19 use 2ii4d. 
(bXl) If the United States Trade Representative, with the advice of 
the committee established by section 242 of the Trade Expansion of 
1962 (19 U.S.C. 1872), determines that action by the United States is 
appropriate to respond to any export performance requirements of 
any foreign country or instrumentality that adversely affect the 
economic interests of the United States, then the United States 
Trade Representative shall seek to obtain the reduction and elimi-
nation of such export performance requirements through consulta-
tions and negotiations with the foreign country or instrumentality 
concerned. 
(2) In addition to the action referred to in subsection (1), the 
United States Trade Representative may impose duties or other 
import restrictions on the products or services of such foreign 
country or instrumentality for such time as he determines appropri-
ate, including the exclusion from entry into the United States of 
products subject to such requirements. 
(3) Nothing in paragraph (2) or paragraph (3) shall apply to any 
products or services with respect to which— 
(A) any foreign direct investment (including a purchase of 
land or facilities) has been made directly or indirectly by any 
United States person before the date of enactment of this Act, 
or 
(B) any written commitment relating to a foreign direct 
investment that is binding on the date of enactment of this Act 
has been made directly or indirectly by any United States 
person. 
(4) Whenever the international obligations of the United States 
and actions taken under paragraph (2) make compensation neces-
sary or appropriate, compensation may be provided by the United 
States Trade Representative subject to the limitations and condi-
tions contained in section 123 of the Trade Act of 1974 (19 U.S.C. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3013 
2133) for providing compensation for actions taken under section 203 
of that Act. 
Ante, p. 3003. 
SEC. 308. NEGOTIATION OF AGREEMENTS CONCERNING HIGH TECHNOL-
OGY INDUSTRIES. 
(a) The President may enter into such bilateral or multilateral i9USC2ii4e. 
agreements as may be necessary or appropriate to achieve the 
objectives of this section and the negotiating objectives under sec-
tion 104A(c) of the Trade Act of 1974. 
Ante, p. 3006. 
0)X1) Chapter 2 of title I is amended by inserting at the end 
thereof the following new section: 
"SEC. 128. MODIFICATION AND CONTINUANCE OF TREATMENT WITH 
19 USC 2138. 
RESPECT TO DUTIES ON HIGH TECHNOLOGY PRODUCTS. 
"(a) In order to cany out any agreement concluded as a result of 
the negotiating objectives under section 104A(c), the President may 
19 USC 2151 
proclaim, subject to the provisions of chapter 3— 
«^ seq. 
"(1) such modification, elimination, or continuance of any 
existing duty, duty-free, or excise treatment, or 
"(2) such additional duties, 
as he deems appropriate. 
"0)) The President shall exercise his authority under subsection 
(a) only with respect to the following items listed in the Tariff 
Schedules of the United States (19 U.S.C. 1202): 
"(1) Transistors (provided for in item 587.70, part 5, schedule 
6). 
"(2) Diodes and rectifiers (provided for in item 687.72, part 5, 
schedule 6). 
"(3) Monolithic integrated circuits (provided for in item 
687.74, part 5, schedule 6). 
"(4) Other integrated circuits (provided for in item 687.77, 
part 5, schedule 6). 
"(5) Other components (provided for in item 687.81, part 5, 
schedule 6). 
"(6) Parts of semiconductors (provided for in item 687.85, part 
5, schedule 6). 
"(7) Parts of automatic data-processing machines and units 
thereof (provided for in item 676.52, part 4G, schedule 6) other 
than parts incorporating a cathode ray tube. 
"(c) TERMINATION.—The President may exercise his authority 
under this section only during the 5-year period beginning on the 
date of the enactment of the International Trade and Investment 
Act.". 
(2) The table of contents of chapter 1 of title I is amended by 
adding at the end thereof the following new item: 
"Sec. 128. Modification and continuance of treatment with respect to duties on high 
technology products.". 
TITLE IV—TRADE WITH ISRAEL 
SEC. 401. NEGOTIATION OF TRADE AGREEMENTS TO REDUCE TRADE 
BARRIERS. 
(a) Subsection (b) of section 102 of the Trade Act of 1974 (19 U.S.C. 
21120))) is amended— 
(1) by striking out "Whenever" and inserting in lieu thereof 
"(1) Whenever", and 
3 1 - 1 9 4 
0 - 8 6 - 2 1 
: QL.3 
P a r t S 
98 STAT. 3014 
PUBLIC LAW 98-573—OCT. 30, 1984 
(2) by adding at the end thereof the following new paragraphs: 
"(2XA) Trade agreements that provide for the elimination or 
reduction of any duty imposed by the United States may be entered 
into under paragraph (1) only with Israel. 
"(B) The negotiation of any trade agreement entered into under 
paragraph (1) with Israel that provides for the elimination or reduc-
tion of any duty imposed by the United States shall take fully into 
account any product that benefits from a discriminatory preferen-
tial tariff arrangement between Israel and a third country if the 
tariff preference on such product has been the subject of a challenge 
by the United States Government under the authority of section 301 
1
9 use 2411. 
of the Trade Act of 1974 and the General Agreement on Tariffs and 
TIAS1700. 
Trade. 
"(C) Notwithstanding any other provision of this section, the 
requirements of subsections (c) and (e)(1) shall not apply to any trade 
agreement entered into under paragraph (1) with Israel that pro-
vides for the elimination or reduction of any duty imposed by the 
United States. 
"(3) Notwithstanding any other provision of law, no trade benefit 
shall be extended to any country by reason of the extension of any 
trade benefit to another country under a trade agreement entered 
into under pars^aph (1) with such other country. 
"(4XA) Notwithstanding paragraph (2), a trade ^eement that 
provides for the elimination or reduction of any duty imposed by the 
United States may be entered into under paragraph (1) with any 
country other than Israel i
f
— 
(i) such country requested the negotiation of such an agree-
ment, and 
"(ii) the President, at least 60 days prior to the date notice is 
provided under subsection (eXl)— 
"(I) provides written notice of such negotiations to the 
Committee on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives, and 
"(II) consults with such committees regarding the negoti-
ation of such agreement. 
1
9 use 2191. 
"(B) The provisions of section 151 shall not apply to an implement-
ing bill (within the meaning of section 151(b)) i
f
— 
"(i) such implementing bill contains a provision approving of 
any trade agreement which— 
"(I) is entered into under this section with any country 
other than Israel, and 
"(II) provides for the elimination or reduction of any duty 
imposed by the United States, and 
"(ii) either— 
"(I) the requirements of subparagraph (A) were not met 
with respect to the negotiation of such agreement, or 
"(II) the Committee on Finance of the Senate or the 
Committee on Ways and Means of the House of Representa-
tives disapproved of the negotiation of such agreement 
before the close of the 60-day period which begins on the 
date notice is provided under subsection (AXiiXD with 
respect to the negotiation of such agreement. 
"(C) The 60-day period described in subparagraphs (AXii) and 
(BXii)(II) shall be computed without regard to— 
"(i) the days on which either House of Congress is not in 
session because of an adjournment of more than 3 days to a day 
certain or an adjournment of the Congress sine die, and 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3015 
"(ii) any Saturday and Sunday, not excluded under clause (i), 
when either House of Congress is not in session.", 
(b) Paragraph (1) of section 102(g) of the Trade Act of 1974 (19 
U.S.C. 2112(g)) is amended to read as follows: 
"(1) the term 'barrier' includes— 
"(A) the American selling price basis of customs evalua-
tion as defined in section 402 or 402a of the Tariff Act of 
1930, as appropriate, and 
"(B) any duty or other import restriction;". 
(cXD Section 102 of the Trade Act of 1974 (19 U.S.C. 2112) is 
amended by striking out "Nontariff' in the heading. 
(2) The table of contents of the Trade Act of 1974 is amended by 
striking out "Nontariff in the item relating to section 102. 
SEC. 402. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES. 
19 USC 2112 
(a)(1) Any trade agreement entered into with Israel under section 
102(bXl) of the Trade Act of 1974 may provide for the reduction or Ante, p. 3013. 
elimination of any duty imposed by the United States with respect 
to any article only if— 
(A) that article is the growth, product, or manufacture of 
Israel or is a new or different article of commerce that has been 
grown, produced, or manufactured in Israel; 
(B) that article is imported directly from Israel into the 
customs territory of the United States; and 
(C) the sum of— 
(i) the cost of value of the materials produced in Israel, 
plus 
(ii) the direct costs of processing operations performed in 
Israel, 
is not less than 35 percent of the appraised value of such article 
at the time it is entered. 
If the cost or value of materials produced in the customs territory of 
the United States is included with respect to an article to which this 
subsection applies, an amount not to exceed 15 percent of the 
appraised value of the article at the time it is entered that is 
attributable to such United States cost or value may be applied 
toward determining the percentage referred to in subparagraph (C). 
(2) No article may be considered to be an eligible Israeli article by 
virtue of having merely undergone— 
(A) simple combining or packaging operations; or 
(B) mere dilution with water or mere dilution with another 
substance that does not materially alter the characteristics of 
the article. 
(b) As used in this section, the phrase "direct costs of processing 
operations" includes, but is not limited to— 
(1) all actual labor costs involved in the growth, production, 
manufacture, or assembly of the specific merchandise, including 
fringe benefits, on-the-job training and the cost of engineering, 
supervisory, quality control, and similar personnel; and 
(2) dies, molds, tooling, and depreciation on machinery and 
equipment which are allocable to the specific merchandise. 
Such phrase does not include costs which are not directly attributa-
ble to the merchandise concerned, or are not costs of manufacturing 
the product, such as (A) profit, and (B) general expenses of doing 
business which are either not allocable to the specific merchandise 
or are not related to the growth, production, manufacture, or assem-
bly of the merchandise, such as administrative salaries, casualty 
98 STAT. 3016 
PUBLIC LAW 98-573—OCT. 30, 1984 
and liability insurance, advertising, and salesmen's salaries, com-
missions or expenses. 
(c) REGULATIONS.—The Secretary of the Treasury, after consulta-
tion with the United States Trade Representative, shall prescribe 
such regulations as may be necessary to carry out this section. 
19 use 2112 
SEC. 403. APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS. 
" ° ^ 
(a) SUSPENSION OF DUTY-FREE TREATMENT.—The President may by 
proclamation suspend the reduction or elimination of any duty 
provided under any trade agreement provision entered into with 
Israel under the authority of section 1020t)Xl) of the Trade Act of 
Ante, p. 3013. 
1974 with respect to any article and may proclaim a duty rate for 
such Eirticle if such action is proclaimed under section 203 of the 
19 use 2253, 
Trade Act of 1974 or section 232 of the Trade Expansion Act of 1962. 
1862. 
(b) ITC REPORTS.—In any report by the United States Interna-
tional Trade Commission (hereinafter referred to in this title as the 
"Commission") to the President under section 201(dXl) of the Trade 
19 use 2251. 
Act of 1974 regarding any article for which a reduction or elimina-
tion of any duty is provided under a trade agreement entered into 
with Israel under section 102(bXl) of the Trade Act of 1974, the 
Commission shall state whether and to what extent its findings and 
recommendations apply to such an article when imported from 
Israel. 
(c) For purposes of subsections (a) and (c) of section 203 of the 
Trade Act of 1974, the suspension of the reduction or elimination of 
a duty under subsection (a) shall be treated as an increase in duty. 
(d) No proclamation which provides solely for a suspension 
referred to in subsection (a) with respect to any article shall be made 
under subsections (a) and (c) of section 203 of the Trade Act of 1974 
unless the Commission, in addition to making an affirmative deter-
mination with respect to such article under section 201(b) of the 
Trade Act of 1974, determines in the course of its investigation 
under that section that the serious injury (or threat thereof sub-
stantially caused by imports to the domestic industry producing a 
like or directly competitive article results from the reduction or 
elimination of any duty provided under any trade agreement provi-
sion entered into with Israel under section 102(bXl) of the Trade Act 
of 1974. 
(eXD Any proclamation issued under section 203 of the Trade Act 
of 1974 that is in effect when an agreement with Israel is entered 
into under section 1020t)Xl) of the Trade Act of 1974 shall remain in 
effect until modified or terminated. 
(2) If any article is subject to import relief at the time an agree-
ment is entered into with Israel under section 102(bXl) of the Trade 
Act of 1974, the President may reduce or terminate the application 
of such import relief to the importation of such article before the 
otherwise scheduled date on which such reduction or termination 
would occur pursuant to the criteria and procedures of subsections 
(h) and (i) of section 203 of the Trade Act of 1974. 
19 use 2112 
SEC. 404. FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES. 
"°*®' 
(a) If a petition is filed with the Commission under the provisions 
of section 201 of the Trade Act of 1974 regarding a perishable 
product which is subject to any reduction or elimination of a duty 
imposed by the United States under a trade agreement entered into 
with Israel under section 1020t)Xl) of the Trade Act of 1974 and 
alleges injury from imports of that product, then the petition may 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3017 
also be filed with the Secretary of Agriculture with a request that 
emergency relief be granted under subsection (c) with respect to 
such article. 
(b) Within 14 days after the filing of a petition under subsection 
( a ) -
(1) if the Secretary of Agriculture has reason to believe that a 
perishable product from Israel is being imported into the United 
States in such increased quantities as to be a substantial cause 
of serious injury, or the threat thereof, to the domestic industry 
producing a perishable product like or directly competitive with 
the imported product and that emergency action is warranted, 
he shall advise the President and recommend that the President 
take emergency action; or 
(2) the Secretary of Agriculture shall publish a notice of his 
determination not to recommend the imposition of emergency 
action and so advise the petitioner. 
(c) Within 7 days after the President receives a recommendation 
President of U.S. 
from the Secretary of Agriculture to take emergency action under 
subsection (b), he shall issue a proclamation withdrawing the reduc-
tion or elimination of duty provided to the perishable product under 
any trade agreement provision entered into under section 102(b)(1) 
of the Trade Act of 1974 or publish a notice of his determination not 
Ante, p. 3013. 
to take emergency action. 
(d) The emergency action provided under subsection (c) shall cease 
to apply— 
(1) upon the proclamation of import relief under section 
202(aXl) of the Trade Act of 1974; 
19 use 2252. 
(2) on the day the President makes a determination under 
section 203(b)(2) of such Act not to impose import relief; 
19 use 2253. 
(3) in the event of a report of the Commission containing a 
negative finding, on the day the Commission's report is submit-
ted to the President; or 
(4) whenever the President determines that because of 
changed circumstances such relief is no longer warranted. 
(e) For purposes of this section, the term "perishable product" 
means any— 
(1) live plant provided for in subpart A of part 6 of schedule 1 
of the Tariff Schedules of the United States (19 U.S.C. 1202, 
hereinafter referred to as the "TSUS"); 
(2) vegetable provided for in schedule 1, part 8, of the TSUS; 
(3) fresh mushroom provided for in item 144.10 of the TSUS; 
(4) edible nut or fruit provided for in schedule 1, part 9, of the 
TSUS; 
(5) fresh cut flower provided for in items 192.17, 192.18, and 
192.21 of the TSUS; and 
(6) concentrated citrus fruit provided for in items 165.25 and 
165.35 of the TSUS. 
(f) No trade agreement entered into with Israel under section 
102(b)(1) of the Trade Act of 1974 shall affect fees imposed under 
section 22 of the Agricultural Adjustment Act (7 U.S.C. 624). 
SEC. 406. CONSTRUCTION OF TITLE. 
19 USC 2112 
Neither the taking effect of any trade agreement provision 
entered into with Israel under section 102(b)(1), nor any proclama-
tion issued to implement any such provision, may affect in any 
manner, or to any extent, the application to any Israeli articles of 
section 232 of the Trade Expansion Act of 1962, section 337 of title 
19 USC 1862. 
98 STAT. 3018 
PUBLIC LAW 98-573—OCT. 30, 1984 
19 use 1337, 
v n of the Tariff Act of 1930, chapter 1 of title II and chapter 1 of 
19 use 2251 et 
*^*^? ^^^ °^ *^® Trade Act of 1974, or any other provision of law under 
seq., 2411 et seq. 
which relief from injury caused by import competition or by unfair 
import trade practices may be sought. 
Generalized 
TITLE V—GENERALIZED SYSTEM OF 
SSnces 
PREFERENCES RENEWAL 
Renewal Act of 
1984. 
SECTION 501. SHORT TITLE; STATEMENT OF PURPOSE. 
19 use 2101 
(a) This title may be cited as the "Generalized System of Prefer-
note. 
ences Renewal Act of 1984". 
19 use 2461 
(b) The purpose of this title is to— 
not®- 
(1) promote the development of developing countries, which 
often need temporary preferential advantages to compete effec-
tively with industrialized countries; 
(2) promote the notion that trade, rather than aid, is a more 
effective and cost-efficient way of promoting broad-based sus-
tained economic development; 
(3) take advantage of the fact that developing countries pro-
vide the fastest growing markets for United States exports and 
that foreign exchange earnings from trade with such countries 
through the Generalized System of Preferences can further 
stimulate United States exports; 
(4) allow for the consideration of the fact that there are 
significant differences among developing countries with respect 
to their general development and international competitiveness; 
(5) encourage the providing of increased trade liberalization 
measures, thereby setting an example to be emulated by other 
industrialized countries; 
(6) recognize that a large number of developing countries 
must generate sufficient foreign exchange earnings to meet 
international debt obligations; 
(7) promote the creation of additional opportunities for trade 
among the developing countries; 
(8) integrate developing countries into the international trad-
ing system with its attendant responsibilities in a manner 
commensurate with their development; 
(9) encourage developing countries— 
(A) to eliminate or reduce significant barriers to trade in 
goods and services and to investment, 
(B) to provide effective means under which foreign na-
tionals may secure, exercise, and enforce exclusive intellec-
tual property rights, and 
(C) to afford workers internationally recognized worker 
rights; and 
(10) address the concerns listed in the preceding paragraphs 
in a manner that— 
(A) does not adversely affect United States producers and 
workers, and 
(B) conforms to the international obligations of the 
United States under the General Agreement on Tariffs and 
TIAS1700. 
Trade. 
SEC. 502. CONSIDERATION OF A BENEFICIARY DEVELOPING COUNTRY'S 
COMPETITIVENESS IN EXTENDING PREFERENCES. 
Section 501 of the Trade Act of 1974 (19 U.S.C. 2461) is amended— 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3019 
(1) by inserting "through the expansion of their exports" 
before the semicolon at the end of paragraph (1); 
(2) by striking out "and" at the end of paragraph (2); 
(3) by striking out the period at the end of paragraph (3) and 
inserting in lieu thereof "; and"; and 
(4) by adding at the end thereof the following new paragraph: 
"(4) the extent of the beneficiary developing country's competi-
tiveness with respect to eligible articles.". 
SEC. 503. AMENDMENTS RELATING TO THE BENEFICIARY DEVELOPING 
COUNTRY DESIGNATION CRITERIA. 
(a) Section 502(a) of the Trade Act of 1974 (19 U.S.C. 2462(a)) is 
amended by adding at the end thereof the following new paragraph: 
"(4) For purposes of this title, the term 'internationally recognized 
worker rights' includes— 
"(A) the right of association; 
"(B) the right to organize and bargain collectively; 
"(C) a prohibition on the use of any form of forced 
or compulsory labor; 
"(D) a minimum age for the employment of children; and 
"(E) acceptable conditions of work with respect to minimum 
weiges, hours of work, and occupational safety and health.". 
(b) Section 502(b) of the Trade Act of 1974 (19 U.S.C. 2462(b)) is 
amended— 
(1) by striking out "Hungary" in the list of countries preced-
ing paragraph (1); 
(2) by inserting ", including patents, trademarks, or copy-
rights" after "control of such property" in paragraph (4) (A) and 
(B); 
(3) by inserting ", including patents, trademarks, or copy-
rights" after "control of such property" in paragraph (4)(C); 
(4) by striking out "and" at the end of paragraph (6); 
(5) by striking out the period at the end of paragraph (7) and 
inserting in lieu thereof "; and"; 
(6) by inserting after paragraph (7) the following new 
paragraph: 
"(8) if such country has not taken or is not taking steps to 
afford internationally recognized worker rights to workers in 
the country (including any designated zone in that country)."; 
and 
(7) by striking out "and (7)" in the unnumbered paragraph at 
the end of the subsection and inserting in lieu thereof "(7), and 
(8)". 
(c) Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462) is 
amended— 
(1) by striking out "and" at the end of paragraph (3); 
(2) by striking out the period at the end of paragraph (4) and 
of inserting in lieu thereof the following: "and the extent to 
which such country has assured the United States that it will 
refrain from engaging in unreasonable export practices;", and 
(3) by adding at the end thereof the following new paragraphs: 
"(5) the extent to which such country is providing adequate 
and effective means under its laws for foreign nationals to 
secure, to exercise, and to enforce exclusive rights in intellec-
tual property, including patents, trademarks, and copyrights; 
"(6) the extent to which such country has taken action to— 
98 STAT. 3020 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(A) reduce trade distorting investment practices and 
policies (including export performance requirements); and 
"(B) reduce or eliminate barriers to trade in services; and 
"(7) whether or not such country has taken or is taking steps 
to afford to workers in that country (including any designated 
zone in that country) internationally recognized worker 
rights.". 
SEC. 504. REGULATIONS; ARTICLES WHICH MAY NOT BE DESIGNATED AS 
ELIGIBLE ARTICLES. 
(a) Section 503(b) of the Tariff Act of 1930 (19 U.S.C. 2463(b)) is 
amended by inserting ", after consulting with the United States 
Trade Representative," immediately after "The Secretary of the 
Treasury in the last sentence thereof. 
(b) Section 503(c)(1)(E) of the Trade Act of 1974 (19 U.S.C. 
2463(c)(1)(E)) is amended to read as follows: 
"(E) footwear, handbags, luggage, flat goods, work gloves, 
and leather wearing apparel which were not eligible arti-
cles for purposes of this title on April 1,1984,". 
SEC. 505. LIMITATIONS ON PREFERENTIAL TREATMENT. 
(a) Section 504(a) of the Trade Act of 1974 (19 U.S.C. 2464) is 
amended— 
(1) by striking out "The President" and inserting in lieu 
thereof "(1) The President"; and 
(2) by adding at the end thereof the following new paragraph: 
President of U.S. 
"(2) The President shall, as necessary, advise the Congress and, by 
Report. 
no later than January 4, 1988, submit to the Congress a report on 
the application of sections 501 and 502(c), and the actions the 
President has taken to withdraw, to suspend, or to limit the applica-
tion of duty-free treatment with respect to any country which has 
Ante, p. 3019. 
failed to adequately take the actions described in section 502(c).". 
(b) Section 504 (c) and (d) of the Trade Act of 1974 (19 U.S.C. 2464 
(c) and (d)) a e amended to read as follows: 
"(cXl) Subject to paragraphs (2) through (7) and subsection (d), 
whenever the President determines that any country— 
"(A) has exported (directly or indirectly) to the United States 
during a calendar year a quantity of an eligible article having 
an appraised value in excess of an amount which bears the 
same ratio to $25,000,000 as the gross national product of the 
United States for the preceding calendar year (as determined by 
the Department of Commerce) bears to the gross national prod-
uct of the United States for calendar year 1974; or 
"(B) has exported (either directly or indirectly) to the United 
States a quantity of any eligible article equal to or exceeding 50 
percent of the appraised value of the total imports of such 
article into the United States during any calendar year; 
then, not later than July 1 of the next calendar year, such country 
shall not be treated as a beneficiary developing country with respect 
to such article. 
"(2)(A) Not later than January 4,1987, and periodically therafter, 
the President shall conduct a general review of eligible articles 
based on the considerations described in section 501 or 502(c). 
"(B) If, after any review under subparagraph (A), the President 
determines that this subparagraph should apply because a benefici-
ary developing country has demonstrated a sufficient degree of 
competitiveness (relative to other beneficiary developing countries) 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3021 
with respect to any eligible article, then paragraph (1) shall 
be applied to such country with respect to such article by 
substituting— 
"(i) '1984' for '1974' in subparagraph (A), and 
"(ii) '25 percent' for '50 percent' in subparagraph (B). 
"(3)(A) Not earlier than January 4,1987, the President may waive 
the application of this subsection with respect to any eligible article 
of any beneficiary developing country if, before July 1 of the calen-
dar year beginning after the calendar year for which a determina-
tion described in paragraph (1) was made with respect to such 
eligible article, the President— 
"(i) receives the advice of the International Trade Commission 
on whether any industry in the United States is likely to be 
adversely affected by such waiver, 
"(ii) determines, based on the considerations described in 
sections 501 and 502(c) and the advice described in clause (i), 
that such waiver is in the national economic interest of the 
United States, and 
"(iii) publishes the determination described in clause (ii) in 
the Federal Register. 
"(B) In making any determination under subparagraph (A), the 
President shall give great weight to— 
"(i) the extent to which the beneficiary developing country 
has assured the United States that such country will provide 
equitable and reasonable access to the markets and basic com-
modity resources of such country, and 
"(ii) the extent to which such country provides adequate and 
effective means under its law for foreign nationals to secure, to 
exercise, and to enforce exclusive rights in intellectual property, 
including patent, trademark, and copyright rights. 
"(C) Any waiver granted pursuant to this paragraph shall remain 
in effect until the President determines that such waiver is no 
longer warranted due to changed circumstances. 
"(D)(i) The President may not exercise the waiver authority pro-
vided under subparagraph (A) with respect to a quantity of eligible 
articles entered in any calendar year which exceeds an aggregate 
value equal to 30 percent of the total value of all articles which 
entered duty-free under this title during the preceding calendar 
year. 
"(ii) The President may not exercise the waiver authority provided 
under subparagraph (A) with respect to a quantity of eligible arti-
cles entered from any beneficiary developing country during any 
calendar year beginning after 1984 which exceeds 15 percent of the 
total value of all articles that have entered duty-free under this title 
during the preceding calendar year if for the preceding calendar 
year such beneficiary developing country— 
"(I) had a per capita gross national product (calculated on the 
basis of the best available information, including that of the 
World Bank) of $5,000 or more; or 
"(II) had exported (either directly or indirectly) to the United 
States a quantity of articles that was duty-free under this title 
that had an appraised value of more than 10 percent of the total 
imports of all articles that entered duty-free under this title 
during that year. 
"(iii) There shall be counted against the limitations imposed under 
clauses (i) and (ii) for any calendar year only that quantity of any 
eligible article of any country that— 
Ante, pp. 3018, 
3019. 
Federal 
Register, 
publication. 
98 STAT. 3022 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(I) entered duty-free under this title during such calendar 
year; and 
"(II) is in excess of the quantity of that article that would 
have been so entered during such calendar year if the 1974 
limitation applied under paragraph (IXA) and the 50 percent 
limitation applied under paragraph (IXB). 
Federal 
"(4) Except in any case to which paragraph (2XB) applies, the 
Register, 
President may waive the application of this subsection if, before 
publication. 
j^jy j ^f ^j^g calendar year beginning after the calendar year for 
which a determination described in paragraph (1) was made, the 
President determines and publishes in the Federal Register that, 
with respect to such country— 
"(A) there has been an historical preferential trade relation-
ship between the United States and such country, 
' (B) there is a treaty or trade agreement in force covering 
economic relations between such country and the United States, 
and 
"(C) such country does not discriminate against, or impose 
unjustifiable 
or unreasonable barriers to, United 
States 
commerce. 
"(5) A country which is no longer treated as a beneficiary develop-
ing country with respect to an eligible article by reason of this 
subsection may be redesignated a beneficiary developing country 
with respnect to such article, subject to the provisions of sections 501 
Ante, pp. 3018, 
and 502, if imports of such article from such country did not exceed 
^^19- 
the limitations in paragraph (1) (after application of paragraph (2)) 
during the preceding calendar year. 
"(6XA) This subsection shall not apply to any beneficiary develop-
ing country which the President determines, based on the consider-
ations described in sections 501 and 502(c), to be a least-developed 
beneficiary developing country. 
"(B) The President shall— 
"(i) make a determination under subparagraph (A) with 
respect to each beneficiary developing country before July 4, 
1985, and periodically thereafter, and 
"(ii) notify the Congress at least 60 days before any such 
determination becomes final. 
"(7) For purposes of this subsection, the term 'country' does not 
include an association of countries which is treated as one country 
under section 502(aX3), but does include a country which is a 
member of any such association. 
"(dXD Subsection (cXlXB) (after application of subsection (cX2)) 
shall not apply with respect to any eligible article if a like or 
directly competitive article is not produced in the United States on 
January 3,1985. 
"(2) The President may disregard subsection (cXl)(B) with respect 
to any eligible article if the appraised value of the total imports of 
such article into the United States during the preceding calendar 
year is not in excess of an amount which bears the same ratio to 
$5,000,000 as the gross national product of the United States for that 
calendar year (as determined by the Department of C!ommerce) 
bears to the gross national product of the United States for calendar 
year 1979.". 
(c) Section 504 (19 U.S.C. 2464) is amended by adding at the end 
thereof the following new subsection: 
"(fXD If the President determines that the per capita gross 
national product (calculated on the basis of the best available mfor-
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3023 
mation, including that of the World Bank) of any beneficiary devel-
oping country for any calendar year (hereafter in this subsection 
referred to as the 'determination year') after 1984, exceeds the 
applicable limit for the determination year— 
"(A) subsection (cXlXB) shall be applied for the 2-year period 
beginning on July 1 of the calendar year succeeding the deter-
mination year by substituting '25 percent' for '50 percent', and 
"(B) such country shall not be treated as a beneficiary devel-
oping country under this title after the close of such 2-year 
period. 
"(2XA) For purposes of this subsection, the term 'applicable limit' 
means the sum of— 
"(i) $8,500, plus 
"(ii) 50 percent of the amount determined under subpara-
graph (B) for the determination year. 
"(B) The amount determined under this subparagraph for the 
determination year is an amount equal to— 
"(i) $8,500, multiplied by 
"(ii) the percentage determined by dividing— 
"(I) the excess, if any, of the gross national product of the 
United States (as determined by the Secretary of Com-
merce) for the determination year over the gross national 
product of the United States for 1984, by 
"(II) the gross national product for 1984.". 
SEC. 506. EXTENSION OF THE GENERALIZED SYSTEM OF PREFERENCES 
AND REPORTS. 
(a) Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is 
amended to read as follows: 
"SEC. 505. TERMINATION OF DUTY-FREE TREATMENT AND REPORTS. 
"(a) No duty-free treatment provided under this title shall remain 
in effect after July 4,1993. 
"(b) On or before January 4, 1990, the President shall submit to Reports. 
the Congress a full and complete report regarding the operation of 
this title. 
"(c) The President shall submit an annual report to the C!!ongress 
on the status of internationally recognized worker rights within 
each beneficiary developing country." 
(b) CONFORMING AMENDMENT.—'The table of contents of the Trade 
Act of 1974 is amended by striking out the item relating to section 
505 and inserting in lieu thereof the following: 
"Sec. 505. Termination of duty-free treatment and reports.". 
SEC. 507. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING COUN-
TRIES. 
(a) Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) is 
further amended by adding at the end thereof the following new 
section: 
"SEC. 506. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING 
19 USC 2466. 
COUNTRIES. 
"The appropriate agencies of the United States shall assist benefi-
ciary developing countries to develop and implement measures 
designed to assure that the agricultural sectors of their economies 
are not directed to export markets to the detriment of the produc-
tion of foodstuffs for their citizenry." 
98 STAT. 3024 
PUBLIC LAW 98-573—OCT. 30, 1984 
(b) The table of contents of such Act of 1974 is amended by adding 
after the item relating to item 505 the following: 
"Sec. 506. Agricultural exports of beneficiary developing countries.". 
19 u s e 2461 
SEC. 508. EFFECTIVE DATE. 
The amendments made by this title shall take effect on January 4, 
1985. 
TITLE VI—TRADE LAW REFORM 
SEC. 601. REFERENCE. 
Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a title, subtitle, part, section, or other provision, the 
reference shall be considered to be made to a title, subtitle, part, 
section, or other provision of the Tariff Act of 1930 (19 U.S.C 1202 et 
seq.). 
SEC. 602. SALES FOR IMPORTATION. 
(a)(1) Section 701(a) (19 U.S.C. 1671(a)) is amended— 
(A) by inserting ", or sold (or likely to be sold) for importa-
tion," after "imported" in paragraph (1); 
(B) by inserting "or by reason of sales (or the likelihood of 
sales) of that merchandise for importation" immediately after 
"by reason of imports of that merchandise" in paragraph (2); 
and 
(C) by adding at the end thereof the following new sentence: 
"For purposes of this subsection and section 7050t>)(l), a refer-
ence to the sale of merchandise includes the entering into of any 
leasing arrangement regarding the merchandise that is equiva-
lent to the sale of the merchandise.". 
19 use I67id. 
(2) Section 705(b)(1) (19 U.S.C. 1671(b)(1)) is amended by inserting 
", or sales (or the likelihood of sales) for importation," immediately 
after "by reason of imports". 
(b) Section 731 (19 U.S.C. 1673) is amended— 
(1) by inserting "or by reason of sales (or the likelihood of 
sales) of that merchandise for importation" immediately after 
"by reason of imports of that merchandise" in paragraph (2), 
and 
(2) by adding at the end thereof the following new sentence: 
Infra. 
"For purposes of this section and section 735(b)(1), a reference to 
the sale of foreign merchandise includes the entering into of 
any leasing arrangement regarding the merchandise that is 
equivalent to the sale of the merchandise.". 
(c) Section 735(b)(1) (19 U.S.C. 1673d(b)(l)) is amended by adding 
", or sales (or the likelihood of sales) for importation," after "by 
reason of imports". 
SEC. 603. WAIVER OF VERIFICATION. 
Section 703(b) (19 U.S.C. 1671b(b)) is amended by adding at the end 
thereof the following new paragraph: 
"(3) PRELIMINARY DETERMINATION UNDER WAIVER OF VERIFICA-
TION.—Within 55 days after the initiation of an investigation 
the administering authority shall cause an official designated 
for such purpose to review the information concerning the case 
received during the first 50 days of the investigation, and, if 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3025 
there appears to be sufficient information available upon which 
the determination can reasonably be based, to disclose to the 
petitioner and any interested party, then a party to the proceed-
ings that requests such disclosure, all available nonconfidential 
information and all other information which is disclosed pursu-
ant to section 777. Within 3 days (not counting Saturdays, Post, p. 3038. 
Sundays, or legal public holidays) after such disclosure, the 
petitioner and each party which is an interested party described 
in subparagraph (C), (D), (E), or (F) of section 771(9) to whom Post, p. 3033. 
such disclosure was made may furnish to the administering 
authority an irrevocable written waiver of verification of the 
information received by the authority, and an £igreement that it 
is willing to have a determination made on the basis of the 
record then available to the authority. If a timely waiver and 
agreement have been received from the petitioner and each 
party which is an interested party described in subparagraph 
(C), (D), (E), or (F) of section 771(9) to whom the disclosure was 
made, and the authority finds that sufficient information is 
then available upon which the preliminary determination can 
reasonably be based, a preliminary determination shall be made 
on an expedited basis on the basis of the record established 
during the first 50 days after the investigation was initiated.". 
SEC. 604. TERMINATION OR SUSPENSION OF INVESTIGATION. 
(a) Section 704 (19 U.S.C. 1671c) is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) 
TERMINATION OF INVESTIGATION UPON 
WITHDRAWAL OF 
PETITION.— 
"(1) IN GENERAL.—Except as provided in paragraphs (2) and 
(3), an investigation under this subtitle may be terminated by 
either the administering authority or the Commission, after 
notice to all parties to the investigation, upon withdrawal of the 
petition by the petitioner or by the administering authority if 
the investigation was initiated under section 702(a). 
19 USC I67ia. 
"(2) 
SPECIAL 
RULES 
FOR 
QUANTITATIVE 
RESTRICTION 
AGREEMENTS.— 
"(A) IN GENERAL.—Subject to subparagraphs (B) and (C), 
the administering authority may not terminate an investi-
gation under paragraph (1) by accepting, with the govern-
ment of the country in which the subsidy practice is alleged 
to occur, an understanding or other kind of agreement to 
limit the volume of imports into the United States of the 
merchandise that is subject to the investigation unless the 
administering authority is satisfied that termination on the 
basis of that agreement is in the public interest. 
"(B) PuBUC INTEREST FACTORS.—In making a decision 
under subparagraph (A) regarding the public interest, the 
administering authority shall take into account— 
"(i) whether, b£ised upon the relative impact on con-
sumer prices and the availability of supplies of the 
merchandise, the agreement would have a greater ad-
verse impact on United States consumers than the 
imposition of countervailing duties; 
"(ii) the relative impact on the international eco-
nomic interests of the United States; and 
"(iii) the relative impact on the competitiveness of 
the domestic industry producing the like merchandise. 
98 STAT. 3026 
PUBLIC LAW 98-573—OCT. 30, 1984 
including any such impact on emplojmient and invest-
ment in that industry. 
"(C) PRIOR CONSULTATIONS.—Before making a decision 
under subparagraph (A) regarding the public interest, the 
administering authority shall, to the extent practicable, 
consult with— 
"(i) potentially affected consuming industries; and 
"(ii) potentially affected producers and workers in 
the domestic industry producing the like merchandise, 
including producers and workers not psirty to the 
investigation. 
"(3) LIMITATION ON TERMINATION BY COMMISSION.—The Com-
mission may not terminate an investigation under paragraph (1) 
before a preliminary determination is made by the administer-
Ante, p. 3024. 
ing authority under section 703(b)."; 
(2) by amending subsection (d)— 
(A) by ad(ting at the end of paragraph (1) the following: 
"In appljdng subparagraph (A) with respect to any quantitative 
restriction agreement under subsection (c), the administering 
authority shall take into account, in addition to such other 
factors as are considered necessary or appropriate, the factors 
set forth in subsection (aX2XB) (i), (ii), and (iii) as they apply to 
the proposed suspension and agreement, after consulting with 
the appropriate consuming industries, producers, and workers 
referred to in subsection (aX2XC) (i) and (ii).". 
(B) by striking out paragraph (2), and 
(C) by redesignating paragraph (3) as paragraph (2); 
(3) by amending subsection (eX3), by striking out "all parties 
to the investigation" and inserting in lieu thereof "all inter-
pose, p. 3033. 
ested parties described in section 771(9)"; 
(4) by amending subsection (iXl)— 
(A) by striking out "and" at the end of subparagraph (C), 
(B) by redesignating subparagraph (D) as subparagraph 
(E), and 
(C) by inserting immediately after subparagraph (C) the 
following new subparagraph: 
"(D) if it considers the violation to be international, notify the 
Commissioner of Customs who shall take appropriate action 
under paragraph (2), and"; and 
(5) by adding at the end thereof the following new subsection: 
"(k) TERMINATION OF INVESTIGATIONS INITIATED BY ADMINISTERING 
AuTHORTTY.—The administering authority may terminate any inves-
tigation initiated by the administering authority under section 
19 use 1671a. 
702(a) after providing notice of such termination to all parties to the 
investigation.", 
(b) Section 734 (19 U.S.C. 1673c) is amended— 
(1) by amending subsection (a) to read as follows: 
"(a) TERMINATION OF INVESTIGATION UPON 
WITHDRAWAL OF 
PETITION.— 
"(1) IN GENERAL.—Except as provided in parsigraphs (2) and 
(3), an investigation under this subtitle may be terminated by 
either the administering authority or the Commission, after 
notice to all parties to the investigation, upon withdrawal of the 
petition by the petitioner or by the administering authority if 
Post, p. 3030. 
the investigation was initiated under section 732(a). 
"(2) 
SPECIAL 
RULES 
FOR 
QUANTITATIVE 
RESTRICTION 
AGREEMENTS.— 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3027 
"(A) IN GENERAL.—Subject to subparagraphs (B) and (C), 
the administering authority may not terminate an investi-
gation under paragraph (1) by accepting an understanding 
or other kind of agreement to limit the volume of imports 
into the United States of the merchandise that is subject to 
the investigation unless the administering authority is sat-
isfied that termination on the basis of that agreement is in 
the public interest. 
"(B) PuBuc I
N
T
E
R
E
S
T FACTORS.—In making a decision 
under subparagraph (A) regarding the public interest the 
administering authority shall take into account— 
"(i) whether, based upon the relative impact on con-
sumer prices and the availability of supplies of the 
merchandise, the agreement would have a greater ad-
verse impact on United States consumers than the 
imposition of antidumping duties; 
"(ii) the relative impact on the international eco-
nomic interests of the United States; and 
"(iii) the relative impact on the competitiveness of 
the domestic industry producing the like merchandise, 
including any such impact on employment and invest-
ment in that industry. 
"(C) PRIOR CONSULTATIONS.—Before making a decision 
under subparagraph (A) regarding the public interest, the 
administering authority shall, to the extent practicable, 
consult with— 
"(i) potentially affected consuming industries; and 
"(ii) potentially affected producers and workers in 
the domestic industry producing the like merchandise, 
including producers and workers not party to the 
investigation. 
"(3) LIMITATION ON TERMINATION BY COMMISSION.—The Com-
mission may not terminate an investigation under paragraph (1) 
before a preliminary determination is made by the administer-
ing authority under section 733(b)."; 
1
9 use 1673b. 
(2) by amending subsection (d) to read as follows: 
"(d) ADDITIONAL RULES AND CONDITIONS.—The administering au-
thority may not accept an agreement under subsection (b) or (c) 
unless— 
"(1) it is satisfied that suspension of the investigation is in the 
public interest, and 
"(2) effective monitoring of the agreement by the United 
States is practicable."; 
(3) by amending subsection (e)(3) by striking out "all parties to 
the investigation" and inserting in lieii thereof "all interested 
parties described in section 771(9)"; 
Post, p. 3033. 
(4) by amending subsection (iXl)— 
(A) by striking out "and" at the end of subparagraph (C), 
(B) by redesignating subparagraph (D) as subparagraph 
(E), and 
(C) by inserting immediately after subparagraph (C) the 
following new subparagraph: 
"(D) if it considers the violation to be intentional, notify the 
Commissioner of Customs who shall take appropriate action 
under paragraph (2), and"; and 
(5) by adding at the end thereof the following new subsection: 
98 STAT. 3028 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(k) TERMINATION OF INVESTIGATION INITIATED BY ADMINISTERING 
AUTHORITY.—The administering authority may terminate any inves-
tigation initiated by the administering authority under section 
Post, p. 3030. 
732(a) after providing notice of such termination to all parties to the 
investigation.". 
SEC. 605. FINAL DETERMINATION OF CRITICAL CIRCUMSTANCES. 
(a)(1) Section 705(a)(2) (19 U.S.C. 1671d(aX2)) is amended by adding 
at the end thereof the following new sentence: "Such findings may 
be affirmative even though the preliminary determination under 
19 use 1671b. 
section 703(e)(1) was negative.". 
(2) Section 705(c) is amended by adding at the end thereof the 
following new paragraph: 
"(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSEC-
TION (a)(2).—If the determination of the administering author-
ity under subsection (aX2) is affirmative, then the administering 
authority shall— 
"(A) in cases where the preliminary determinations by 
Ante, p. 3024. 
the administering authority under sections 7030)) and 
703(e)(1) were both affirmative, continue the retroactive 
suspension of liquidation and the posting of a cash deposit, 
bond, or other security previously ordered under section 
703(e)(2); 
"(B) in cases where the preliminary determination by the 
administering authority under section 703(b) was affirma-
tive, but the preliminary determination under section 
703(e)(1) was negative, shall modify any suspension of liqui-
dation and security requirement previously ordered under 
section 703(d) to apply to unliquidated entries of merchan-
dise entered, or withdrawn from warehouse, for consump-
tion on or after the date which is 90 days before the date on 
which suspension of liquidation was first ordered; or 
"(C) in cases where the preliminary determination by the 
administering authority under section 703(b) was negative, 
shall apply any suspension of liquidation and security re-
quirement ordered under subsection 705(c)(lXB) to unliqui-
dated entries of merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 
days before the date on which suspension of liquidation is 
first ordered.". 
(3) Section 705(cX3)(A) is amended by inserting "paragraph (4) or" 
after "under". 
(bXD Section 735(aX3) (19 U.S.C. 1673d(a)(3)) is amended by adding 
at the end thereof the following new sentence: "Such findings may 
be affirmative even though the preliminary determination under 
19 use 1673b. 
section 733(eXl) was negative.". 
(2) Section 735(c) is amended by adding at the end thereof the 
following new paragraph: 
"(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSEC-
TION (aXs).—If the determination of the administering author-
ity under subsection (aX3) is affirmative, then the administering 
authority shall— 
"(A) in cases where the preliminary determinations by 
the administering authority under sections 733(b) and 
733(eXl) were both affirmative, continue the retroactive 
suspension of liquidation and the posting of a cash deposit. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3029 
bond, or other security previously ordered under section 
733(eX2); 
19 use I673b. 
"(B) in cases where the preliminary determination by the 
administering authority under section 733(b) was affirma-
tive, but the preliminary determination under section 
733(eXl) was negative, shall modify any suspension of liqui-
dation and security requirement previously ordered under 
section 733(d) to apply to unliquidated entries of merchan-
dise entered, or withdrawn from warehouse, for consump-
tion on or after the date which is 90 days before the date on 
which suspension of liquidation was first ordered; or 
"(C) in cases where the preliminary determination by the 
administering authority under section 733(b) was negative, 
shall apply any suspension of liquidation and security re-
quirement ordered under subsection 735(c)(1)(B) to unliqui-
dated entries of merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date which is 90 
days before the date on which suspension of liquidation is 
first ordered.". 
(3) Section 735(c)(3)(A) is amended by inserting "paragraph (4) or" 
19 use I673d. 
after "under". 
SEC. 606. SIMULTANEOUS INVESTIGATIONS. 
Section 705(a)(1) (19 U.S.C. 1671d(aXl)) is amended to read as 
follows: 
"(1) IN GENERAL.—Within 75 days after the date of the prelim-
inary determination under section 703(b), the administering 
Ante, p. 3024. 
authority shall make a final determination of whether or not a 
subsidy is being provided with respect to the merchandise; 
except that when an investigation under this subtitle is ini-
tiated simultaneously with an investigation under subtitle B, 
which involves imports of the same class or kind of merchandise 
from the same or other countries, the administering authority, 
if requested by the petitioner, shall extend the date of the final 
determination under this paragraph to the date of the final 
determination of the administering authority in such investiga-
tion initiated under subtitle B.". 
19 use 1673. 
SEC. 607. COUNTERVAILING DUTIES APPLY ON COUNTRY-WIDE BASIS. 
Section 706(a) (19 U.S.C. 1671e(a)) is amended— 
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) 
and (4), respectively; and 
(2) by adding after paragraph (1) the following new para-
graph: 
"(2) shall presumptively apply to all merchandise of such 
class or kind exported from the country investigated, except 
that if— 
"(A) the administering authority determines there is a 
significant differential between companies receiving sub-
sidy benefits, or 
"(B) a State-owned enterprise is involved, 
the order may provide for differing countervailing duties,". 
SEC. 608. CONDITIONAL PAYMENT OF COUNTERVAILING DUTIES. 
Subtitle A of title VII is amended by adding at the end thereof the 
following new section: 
98 STAT. 3030 
PUBLIC LAW 98-573—OCT. 30, 1984 
19 u s e 1671h. 
"SEC. 709. CONDITIONAL PAYMENT OF COUNTERVAILING DUTY. 
"(a) IN GENERAL.—For all entries, or withdrawals from ware-
house, for consumption of merchandise subject to a countervailing 
duty order on or after the date of publication of such order, no 
customs officer may deliver merchandise of that class or kind to the 
person by whom or for whose account it was imported unless that 
person complies with the requirement of subsection (b) and deposits 
with the appropriate customs officer an estimated countervailing 
duty in an amount determined by the administering authority. 
"(b) IMPORTER REQUIREMENTS.—In order to meet the requirements 
of this subsection, a person shall— 
"(1) furnish, or arrange to have furnished, to the appropriate 
customs officer such information as the administering authority 
deems necessary for ascertaining any countervailing duty to be 
imposed under this subtitle, 
"(2) maintain and furnish to the customs officer such records 
concerning such merchandise as the administering authority, 
by regulation, requires, and 
"(3) pay, or agree to pay on demand, to the customs officer the 
amount of countervailing duty imposed under this subtitle on 
that merchandise.". 
SEC. 609. INITIATION OF ANTIDUMPING DUTY INVESTIGATIONS. 
Section 732(a) (19 U.S.C. 1673a(a)) is amended to read as follows: 
"(a) INITIATION BY ADMINISTERING AUTHORITY.— 
"(1) IN GENERAL.—An antidumping duty investigation shall be 
commenced whenever the administering authority determines, 
from information available to it, that a formal investigation is 
warranted into the question of whether the elements necessary 
19 use 1673. 
for the imposition of a duty under section 731 exist. 
"(2) CASES INVOLVING PERSISTENT DUMPING.— 
"(A) MONITORING.—The administering authority may es-
tablish a monitoring program with respect to imports of a 
class or kind of merchandise from any additional supplier 
country for a period not to exceed one year if— 
"(i) more than one antidumping order is in effect 
with respect to that class or kind of merchandise; 
"(ii) in the judgment of the administering authority 
there is reason to believe or suspect an extraordinary 
pattern of persistent injurious dumping from one or 
more additional supplier countries; and 
"(iii) in the judgment of the administering authority 
this extraordinary pattern is causing a serious commer-
cial problem for the domestic industry. 
"(B) If during the period of monitoring referred to in 
subparagraph (A), the administering authority determines 
that there is sufficient information to commence a formal 
investigation under this subsection regarding an additional 
supplier country, the administering authority shall immedi-
ately commence such an investigation. 
"(C) DEFINITION.—For purposes of this paragraph, the 
term 'additional supplier country' means a country regard-
ing which no antidumping investigation is currently pend-
ing, and no antidumping duty order is currently in effect, 
with respect to imports of the class or kind of merchandise 
covered by subparagraph (A). 
98 STAT. 3031 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(D) EXPEDITIOUS ACTION.—The administering authority 
and the Commission, to the extent practicable, shall expe-
dite proceedings under this subtitle undertaken as a result 
of a formal investigation commenced under subparagraph 
(B)." 
SEC. 
610. 
DUTIES 
OF 
CUSTOMS 
OFFICERS. 
(a) Subtitle B of title VII is amended by striking out section 789. 
(b) The table of contents for such subtitle is amended by striking 
out 
"Sec. 739. Duties of customs officers.". 
SEC. 611. REVIEWS AND DETERMINATIONS. 
(a) Subtitle C (19 U.S.C. 1675) is amended— 
Repeal. 
(1) by amending the subtitle heading to read as follows: 
19 use I673h. 
"Subtitle C—Reviews; Other Actions Regarding 
Agreements 
"CHAPTER 1—REVIEW OF AMOUNT OF DUTY AND AGREE-
MENTS 
OTHER 
THAN 
QUANTITATIVE 
RESTRICTION 
AGREEMENTS"; 
(2) by amending section 751— 
19 usc 1675. 
(A) by inserting "if a request for such a review has been 
received and" immediately before "after publication of 
notice" in that part of paragraph (1) of subsection (a) that 
precedes subparagraph (A); and 
(B) by amending subsection (b)(1)— 
(i) by striking out "704 or 734" and inserting in lieu 
thereof "704 (other than a quantitative restriction 
agreement described in subsection (a)(2) or (c)(3)) or 734 
(other than a quantitative restriction agreement de-
scribed in subsection (a)(2))", 
(ii) by striking out ", or 735(b)," and inserting in lieu 
thereof", 735(b), 762(a)(1), or 762(a)(2),", and 
(iii) by adding at the end of subsection (b)(1) the 
following: "During an investigation by the Commission, 
the party seeking revocation of an antidumping order 
shall have the burden of persuasion with respect to 
whether there are changed circumstances sufficient to 
warrant revocation of the antidumping order."; and 
(3) by adding "The administering authority shall not revoke, 
in whole or in part, a countervailing duty order or terminate a 
suspended investigation on the basis of any export taxes, duties, 
or other charges levied on the export of merchandise to the 
United States specifically intended to offset the subsidy re-
ceived." after the first sentence of subsection (c); 
(4) by adding at the end thereof the following new chapter: 
"CHAPTER 2—CONSULTATIONS AND DETERMINATIONS 
REGARDING QUANTITATIVE RESTRICTION AGREEMENTS 
"SEC. 761. REQUIRED CONSULTATIONS. 
19 USC 1676. 
"(a) AGREEMENTS IN RESPONSE TO SuBsroiES.—Within 90 days after President of U.S. 
the administering authority accepts a quantitative restriction agree-
98 STAT. 3032 
PUBLIC LAW 98-573—OCT. 30, 1984 
Ante, p. 3025. 
ment under section 704 (aX2) or (cX3), the President shall enter into 
consultations with the government that is party to the agreement 
for purposes o
f
— 
"(1) eliminating the subsidy completely, or 
"(2) reducing the net subsidy to a level that eliminates com-
pletely the injurious effect of exports to the United States of the 
merchandise. 
"(b) MODIFICATION OF AGREEMENTS ON BASIS OF CONSULTATIONS.— 
At the direction of the President, the administering authority shall 
modify a quantitative restriction agreement as a result of consulta-
tions entered into under subsection (a). 
"(c) 
SPECIAL RULE REGARDING AGREEMENTS UNDER SECTION 
704(cX3).—This chapter shall cease to apply to a quantitative restric-
tion agreement described in section 704(cX3) at such time as that 
agreement ceases to have force and effect under section 704(f) or 
violation is found under section 704(i). 
19 u s e 1676a. 
"SEC. 762. REQUIRED DETERMINATIONS. 
"(a) IN GENERAL.—Before the expiration date, if any, of a quanti-
tative restriction agreement accepted under section 704(a)(2) or 
704(cX3) (if suspension of the related investigation is still in effect)— 
"(1) the administering authority shall, at the direction of the 
President, initiate a proceeding to determine whether any sub-
sidy is being provided with respect to the merchandise subject to 
the agreement and, if being so provided, the net subsidy; and 
"(2) if the administering authority initiates a proceeding 
under paragraph (1), the Commission shall determine whether 
imports of the merchandise of the kind subject to the agreement 
will, upon termination of the agreement, materially injure, or 
threaten with material injury, an industry in the United States 
or materially retard the establishment of such an industry. 
"(b) DETERMINATIONS.—The determinations required to be made 
by the administering authority and the Commission under subsec-
tion (a) shall be made under such procedures as the administering 
authority and the Commission, respectively, shall by regulation 
prescribe, and shall be treated as final determinations made under 
section 705 for purposes of 
judicial review under section 516A. If the 
determinations by each are affirmative, the administering authority 
shall— 
"(1) issue a countervailing duty order under section 706 effec-
tive with respect to merchandise entered on and after the date 
on which the agreement terminates; and 
"(2) order the suspension of liquidation of all entries of mer-
chandise subject to the order which are entered, or withdrawn 
from warehouse for consumption, on or after the date of publi-
cation of the order in the Federal Register. 
"(c) HEARINGS.—The determination proceedings required to be 
prescribed under subsection O
b
) shall provide that the administering 
authority and the Commission must, upon the request of any inter-
pose, p. 3037. 
ested party, hold a hearing in accordance with section 774 on the 
issues involved.". 
(b) The table of contents for subtitle C of title VII is amended to 
read as follows: 
Ante, pp. 3024, 
3028, 3029. 
Post, p. 3040. 
Ante, p. 3029. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3033 
"Subtitle C—Reviews; Other Actions Regarding Agreements 
"Chapter 1—REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER 
THAN QUANTITATIVE RESTRICTION AGREEMENTS 
"Sec. 751. Administrative review of determinations. 
"Chapter 2—CONSULTATIONS AND DETERMINATIONS REGARDING 
QUANTITATIVE RESTRICTION AGREEMENTS 
"Sec. 761. Required consultations 
"Sec. 762. Required determinations.". 
(c) 104(bX2) of the Trade Agreements Act of 1979 (19 U.S.C. 1671, 
note) is amended by adding at the end thereof the following new 
sentence: "A negative determination by the Commission under this 
paragraph shall not be based, in whole or in part, on any export 
taxes, duties, or other charges levied on the export of merchandise 
to the United States specifically intended to offset the subsidy 
received.". 
SEC. 612. DEFINITIONS AND SPECIAL RULES. 
(a) Section 771 (19 U.S.C. 1677) is amended as follows: 
(1) Paragraph (4)(A) is amended bv inserting before the period 
at the end thereof the following: ; except that in the case of 
wine and grape products subject to investigation under this 
title, the term also means the domestic producers of the princi-
pal raw agricultural product (determined on either a volume or 
value basis) which is included in the like domestic product, if 
those producers allege material injury, or threat of material 
injury, as a result of imports of such wine and grape products". 
(2) Paragraph (7) is amended— 
(A) by inserting the following new clause at the end of 
subparagraph (C): 
"(iv) CUMULATION.—For purposes of clauses (i) and 
(ii), the Commission shall cumulatively assess the 
volume and effect of imports from two or more coun-
tries of like products subject to investigation if such 
imports compete with each other and with like prod-
ucts of the domestic industry in the United States 
market."; and 
(B) by inserting after subparagraph (E) the following new 
subparagraph: 
"(F) THREAT OF MATERIAL INJURY.— 
"(i) IN GENERAL.—In determining whether an indus-
try in the United States is threatened with material 
injury by reason of imports (or sales for importation) of 
any merchandise, the Commission shall consider, 
among other relevant economic factors— 
"(I) If a subsidy is involved, such information as 
may be presented to it by the administering 
authority as to the nature of the subsidy (particu-
larly as to whether the subsidy is an export subsidy 
inconsistent with the Agreement), 
"(II) any increase in production capacity or exist-
ing unused capacity in the exporting country likely 
to result in a significant increase in imports of the 
merchandise to the United States, 
"(III) any rapid increase in United States market 
penetration and the likelihood that the penetra-
tion will increase to an injurious level, 
98 STAT. 3034 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(IV) the probability that imports of the mer-
chandise will enter the United States at prices that 
will have a depressing or suppressing effect on 
domestic prices of the merchandise, 
"(V) any substantial increase in inventories of 
the merchandise in the United States, 
"(VI) the presence of underutilized capacity for 
producing the merchandise in the exporting coun-
try, 
"(VII) any other demonstrable adverse trends 
that indicate the probability that the importation 
(or sale for importation) of the merchandise 
(whether or not it is actually being imported at the 
time) will be the cause of actual injury, and 
"(VIII) the potential for product-shifting if pro-
duction facilities owned or controlled by the for-
eign manufacturers, which can be used to produce 
products subject to investigation(s) under section 
19 use 1671, 
701 or 731 or to find orders under section 706 or 
l^"^^- 
736, are also used to produce the merchandise 
167^^ ^^^^^' 
under investigation. 
®
' 
"(ii) BASIS FOR DETERMINATION.—Any determination 
by the Commission under this title that an industry in 
the United States is threatened with material injury 
shall be made on the basis of evidence that the threat 
of material injury is real and that actual injury is 
imminent. Such a determination may not be made on 
the basis of mere conjecture or supposition." 
(3) Paragraph (9) is amended— 
(A) by striking out "and" at the end of subparagraph (D); 
(B) by striking out the period at the end of subparagraph 
(E) and inserting in lieu thereof ", and"; and 
(C) by adding at the end thereof the following new sub-
paragraph: 
"(F) an association, a majority of whose members is com-
posed of interested parties described in subparagraph (C), 
(D), or (E) with respect to a like product.". 
(4) Paragraph (14) is amended by striking out "at wholesale" 
and inserting in lieu thereof "in commercial quantities". 
(5) Paragraph (17) is amended by striking out "wholesale 
quantities each place it appears in the heading and the text 
and inserting in lieu thereof commercial quantities". 
(b)(1) Section 514(a) (19 U.S.C. 1514(a)) is amended by striking out 
"771(9) (C), (D), and (E) of this Act." and inserting in lieu thereof 
"771(9) (C), (D), (E), and (F) of this Act.". 
(2) Sections 704 (g)(2) and (hXD and 734 (g)(2) and (h)(1) (19 U.S.C. 
1671c (g)(2) and (h)(1) and 1673c (g)(2) and (h)(1)) are each amended by 
striking out "(C), (D), or (E)" and inserting in lieu thereof "(C), (D), 
(E), and (F)". 
(3) Section 2631(kX2) of title 28, United States Code, is amended— 
(A) by striking out "and" at the end of subparagraph (C), 
(B) by striking out the period at the end of subparagraph (D), 
and inserting in lieu thereof ", and", and 
(C) by adding at the end thereof the following new 
subparagraph: 
"(E) an association composed of members who represent par-
ties-at-interest described in subparagraph (B), (C), or (D).". 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3035 
SEC. 613. UPSTREAM SUBSIDIES. 
(a) Subtitle D of title VII is amended by adding after section 771 
the following new section: 
"SEC. 771A. UPSTREAM SUBSIDIES. 
19 USC 1677-1. 
"(a) DEFINITION.—The term 'upstream subsidy' means any subsidy 
described in section 771(5)(B) (i), (ii), or (iii) by the government of a 
19 use 1677. 
country that— 
(1) is paid or bestowed by that government with respect to a 
product (hereafter referred to £is an 'input product') that is used 
in the manufacture or production in that country of merchan-
dise which is the subject of a countervailing duty proceeding; 
"(2) in the judgment of the administering authority bestows a 
competitive benefit on the merchandise; and 
"(3) has a significant effect on the cost of manufacturing or 
producing the merchandise. 
In applying this subsection, an association of two or more foreign 
countries, political subdivisions, dependent territories, or posses-
sions of foreign countries organized into a customs union outside the 
United States shall be treated as being one country if the subsidy is 
provided by the customs union. 
"(b) DETERMINATION OF COMPETITIVE BENEFIT.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), the 
administering authority shall decide that a competitive benefit 
has been bestowed when the price for the input product referred 
to in subsection (a)(1) for such use is lower than the price that 
the manufacturer or producer of merchandise which is the 
subject of a countervailing duty proceeding would otherwise pay 
for the product in obtaining it from another seller in an arms-
length transaction. 
"(2) ADJUSTMENTS.—If the administering authority has deter-
mined in a previous proceeding that a subsidy is paid or be-
stowed on the input product that is used for comparison under 
paragraph (1), the administering authority may (A) where ap-
propriate, adjust the price that the manufacturer or producer of 
merchandise which is the subject of such proceeding would 
otherwise pay for the product to reflect the effects of the 
subsidy, or (B) select in lieu of that price a price from another 
source. 
"(c) INCLUSION OF AMOUNT OF SUBSIDY.—If the administering 
authority decides, during the course of a countervailing duty pro-
ceeding that an upstream subsidy is being or has been paid or 
bestowed regarding the merchandise under investigation, the ad-
ministering authority shall include in the amount of any counter-
vailing duty imposed on the merchandise an amount equal to the 
amount of the competitive benefit referred to in subparagraph (1)(B), 
except that in no event shall the amount be greater than the 
amount of subsidization determined with respect to the upstream 
product.". 
(b) Section 701 of the Tariff Act of 1930 (19 U.S.C. 1671) is further 
amended by adding at the end thereof the following new subsection: 
"(g) Whenever the administering authority has reasonable 
grounds to believe or suspect that an upstream subsidy, as defined 
in section 771A(a)(l), is being paid or bestowed, the administering Supra. 
authority shall investigate whether an upstream subsidy has in fact 
been paid or bestowed, and if so, shall include the amount of the 
upstream subsidy as provided in section 771A(a)(3).", 
98 STAT. 3036 
PUBLIC LAW 98-573—OCT. 30, 1984 
Ante, p. 3024. 
19 u s e 1671a. 
Ante, pp. 3029, 
3028. 
Ante, p. 3031. 
Ante, p. 3029. 
(c) Section 703 of the Tariff Act of 1930 (19 U.S.C. 1617b) is further 
amended by adding at the end thereof the following new subsection: 
"(h) TIME PERIOD WHERE UPSTREAM SUBSIDIZATION INVOLVED.— 
"(1) IN GENERAL.—Whenever the administering authority con-
cludes prior to a preliminary determination under section 
703(b), that there is a reasonable basis to believe or suspect that 
an upstream subsidy is being bestowed, the time period within 
which a preliminary determination must be made shall be 
extended to 250 days after the filing of a petition under section 
702(b) or commencement of an investigation under section 
702(a) (310 days in cases declared extraordinarily complicated 
under section 703(c)), if the administering authority concludes 
that such additional time is necessary to make the required 
determination concerning upstream subsidization. 
"(2) EXCEPTIONS.—Whenever the administering authority con-
cludes, after a preliminary determination under section 703(b), 
that there is a reasonable basis to believe or suspect that an 
upstream subsidy is being bestowed— 
"(A) in cases in which the preliminary determination was 
negative, the time period within which a final determina-
tion must be made shall be extended to 165 days under 
section 705(aXl) or 225 days under section 705(a)(2), as 
appropriate; or 
"(B) in cases in which the preliminary determination is 
affirmative, 
the determination 
concerning 
upstream 
subsidization— 
"(i) need not be made until the conclusion of the first 
annual review under section 751 of any eventual Coun-
tervailing Duty Order, or, at the option of the peti-
tioner, or 
"(ii) will be made in the investigation and the time 
period within which a final determination must be 
made shall be extended to 165 days under section 
705(aX2), as appropriate, except that the suspension of 
liquidation ordered in the preliminary determination 
shall terminate at the end of 120 days from the date of 
publication of that determination and not be resumed 
unless and until the publication of a Countervailing 
Duty Order under section 706(a). 
There may be an extension of time for the making of a final 
determination under this subsection only if the administering au-
thority determines that such additional time is necessary to make 
the required determination concerning upstream subsidization.", 
(b) The table of contents for title VII is amended by inserting after 
the entry for section 771 the following: 
"Sec. 771A. Upstream subsidies.". 
SEC. 614. RESELLER'S PRICE TAKEN INTO ACCOUNT IN DETERMINING 
PURCHASE PRICE. 
Section 772(b) (19 U.S.C. 1677a(b)) is amended by inserting "a 
reseller or" after "date of importation, from". 
SEC. 615. FOREIGN MARKET VALUE. 
Section 773 (19 U.S.C. 1677b) is amended— 
(1) by striking out "time of exportation of such merchandise 
to the United States" and inserting in lieu thereof "time such 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3037 
merchandise is first sold within the United States by the person 
for whom (or for whose account) the merchandise is imported to 
any other person who is not described in subsection (e)(3) with 
respect to such person" in subsection (a)(1); 
(2) by striking out "wholesale quantities" each place it ap-
pears in the heading and the text and inserting in lieu thereof 
"commercial quantities"; and 
(3) by adding at the end thereof the following new subsection: 
"(g) EXPORTATION FROM AN INTERMEDIATE COUNTRY.—If— 
"(1) a reseller purchases the merchandise from the manufac-
turer or producer of the merchandise, 
"(2) the manufacturer or producer of the merchandise does 
not know (at the time of the sale to such reseller) the country to 
which such reseller intends to export the merchandise, 
"(3) the merchandise is exported by, or on behalf of, such 
reseller to a country other than the United States, 
"(4) the merchandise enters the commerce of such country but 
is not substantially transformed in such country, and 
"(5) the merchandise is subsequently exported to the United 
States, 
such country shall be treated, for purposes of this section, as the 
country from which the merchandise was exported.". 
SEC. 616. HEARINGS. 
Section 774(a) (19 U.S.C. 1677c(a)) is amended to read as follows: 
"(a) INVESTIGATION HEARINGS.— 
"(1) IN GENERAL.—Except as provided in paragraph (2), the 
administering authority and the Commission shall each hold a 
hearing in the course of an investigation upon the request of 
any party to the investigation before making a final determina-
tion under section 705 or 735. 
Ante, pp. 3024, 
"(2) EXCEPTION.—If investigations are initiated under subtitle 
3028,3029. 
A and subtitle B regarding the same merchandise from the 
19 USC 1671, 
same country within 6 months of each other (but before a final 1673. 
determination is made in either investigation), the holding of a 
hearing by the Commission in the course of one of the investiga-
tions shall be treated as compliance with paragraph (1) for both 
investigations, unless the Commission considers that special 
circumstances require that a hearing be held in the course of 
each of the investigations. During any investigation regarding 
which the holding of a hearing is waived under this paragraph, 
the Commission shall allow any party to submit such additional 
written comment as it considers relevant.". 
SEC. 617. SUBSIDIES DISCOVERED DURING PROCEEDING. 
Section 775 (19 U.S.C. 1677d) is amended by striking out "investi-
gation" each place it appears in the text and in the heading and 
inserting in lieu thereof "proceeding". 
SEC. 618. VERIFICATION OF INFORMATION. 
Section 776(a) (19 U.S.C. 1677e(a)) is amended to read as follows: 
"(a) GENERAL RULE.—The administering authority shall verify all 
information relied upon in making— 
"(1) a final determination in an investigation, 
"(2) a revocation under section 751(c), and 
Ante, p. 3031. 
"(3) a review and determination under section 751(a), i
f
— 
98 STAT. 3038 
PUBLIC LAW 98-573—OCT. 30, 1984 
"(A) verification is timely requested by an interested 
Ante, p. 3033. 
party as defined in section 771(9) (C), (D), (E), or (F), and 
"(B) no verification was made under this paragraph 
during the 2 immediately preceding reviews and determina-
tions under that section of the same order, finding, or 
notice, except that this clause shall not apply if good cause 
for verification is shown. 
In publishing notice of any action referred to in paragraph (1), (2), or 
(3), the administering authority shall report the methods and proce-
dures used to verify such information. If the administering author-
ity is unable to verify the accuracy of the information submitted, it 
shall use the best information available to it as the basis for its 
action, which may include, in actions referred to in paragraph (1), 
the information submitted in support of the petition.". 
SEC. 619. RECORDS OF EX PARTE MEETINGS; RELEASE OF CONFIDENTIAL 
INFORMATION. 
Section 777 (19 U.S.C. 1677f) is amended— 
(1) by amending paragraph (3) of subsection (a) to read as 
follows: 
"(3) Ex PARTE MEETINGS.—The administering authority and 
the Commission shall maintain a record of any ex parte meeting 
between— 
"(A) interested parties or other persons providing factual 
information in connection with a proceeding, and 
"(B) the person charged with making the determination, 
or any person charged with making a final recommendation 
to that person, in connection with that proceeding, 
if information relating to that proceeding was presented or 
discussed at such meeting. The record of such an ex parte 
meeting shall include the identity of the persons present at the 
meeting, the date, time, and place of the meeting, and a sum-
mary of the matters discussed or submitted. The record of the 
ex parte meeting shall be included in the record of the 
proceeding."; 
(2) by strilang out "submitted)" in the first sentence of subsec-
tion (b) and inserting in lieu thereof "submitted, or an officer or 
employee of the United States Customs Service who is directly 
involved in conducting an investigation regarding fraud under 
this title)"; 
(3) by striking out the second sentence of subsection (b) and 
inserting in lieu thereof the following new sentence: "The ad-
ministering authority and the Commission shall require that 
information for which confidential treatment is requested be 
accompanied by— 
"(A) either— 
"(i) a nonconfidential summary in sufficient detail to 
permit a reasonable understanding of the substance of 
the information submitted in confidence, or 
"(ii) a statement that the information is not suscepti-
ble to summary accompanied by a statement of the 
reasons in support of the contention, and 
"(B) either— 
"(i) a statement which permits the administering 
authority to release under administrative protective 
order, in accordance with subsection (c), the informa-
tion submitted in confidence, or 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3039 
"(ii) a statement that the information should not be 
released under administrative protective order."; and 
(4) by inserting "(before or after receipt of the information 
requested)" after "application," in subsection (cXlXA). 
SEC. 620. SAMPLING AND AVERAGING IN DETERMINING UNITED STATES 
PRICE AND FOREIGN MARKET VALUE. 
(a) Subtitle D of title VII (19 U.S.C. 1677a et seq.) is amended by 
adding immediately after section 777 the following new section: 
"SEC. 777A. SAMPLING AND AVERAGING. 
"(a) IN GENERAL.—For the purpose of determining United States 
price or foreign market value under sections 772 and 773, and for 
purposes of carrying out annual reviews under section 751, the 
administering authority may— 
"(1) use averaging or generally recognized sampling tech-
niques whenever a significant volume of sales is involved or a 
significant number of adjustments to prices is required, and 
"(2) decline to take into account adjustments which are insig-
nificant in relation to the price or value of the merchandise. 
"(b) SELECTION OF SAMPLES AND AVERAGES.—The authority to 
select appropriate samples and averages shall rest exclusively with 
the administering authority; but such samples and averages shall be 
representative of the transactions under investigation.". 
(b) Subsection (f) of section 773 (19 U.S.C. 1677b(f)) is repealed. 
(c) The table of contents for title VII is amended by inserting after 
the entry for section 777 the following: 
"Sec. 777A. Sampling and averaging.". 
SEC. 62L INTEREST. 
Section 778 (19 U.S.C. 1677g) is amended to read as follows: 
"SEC. 778. INTEREST ON CERTAIN OVERPAYMENTS AND UNDERPAY-
MENTS. 
"(a) GENERAL RULE.—Interest shall be payable on overpayments 
and underpayments of amounts deposited on merchandise entered, 
or withdrawn from warehouse, for consumption on and after— 
"(1) the date of publication of a countervailing or antidump-
ing duty order under this title or section 303, or 
"(2) the date of a finding under the Antidumping Act, 1921. 
"(b) RATE.—The rate of interest payable under subsection (a) for 
any period of time is the rate of interest established under section 
6621 of the Internal Revenue CJode of 1954 for such period.". 
SEC. 622. DRAWBACKS. 
(a) Title VII is amended— 
(1) by striking out section 740, and 
(2) by adding at the end of subtitle D the following new 
section: 
"SEC. 779. DRAWBACKS. 
"For purposes of any law relating to the drawback of customs 
duties, countervailing duties and antidumping duties imposed by 
this title shall be treated as any other customs duties.". 
(b) The table of contents for such title is amended— 
(1) by striking out 
"Sec. 740. Antidumping duty treated as a r^ular duty for drawback purposes."; 
19 use 1677f-l. 
19 u s e 1677a; 
ante, p. 3036. 
Ante, p. 3031. 
19 use 1671; 
ante, p. 1303. 
19 use 160 note. 
26 use 6621. 
19 use 16731. 
19 use 1677h. 
98 STAT. 3040 
PUBLIC LAW 98-573—OCT. 30, 1984 
19 
use 
1671a, 
1673a. 
Ante, p. 
3031. 
19 
use 
1671b, 
1673b. 
Ante, pp. 
3024, 
3028, 
3029. 
and 
(2) by adding at the end thereof 
"Sec. 779. Drawbacks.". 
SEC. 623. ELIMINATION OF INTERLOCUTORY APPEALS. 
(a) Section 516A(a) (19 U.S.C. 1516a(a)) is amended as follows: 
(1) Paragraph (1) is amended to read as follows: 
"(1) REVIEW OF CERTAIN DETERMINATIONS.—Within 30 days 
after the date of publication in the Federal Register of^ 
"(A) a determination by the administering authority, 
under 702(c) or 732(c) of this Act, not to initiate an 
investigation, 
"(B) a determination by the Commission, under section 
751(b) of this Act, not to review a determination based upon 
changed circumstances, or 
"(C) a negative determination by the Commission, under 
section 703(a) or 733(a) of this Act, as to whether there is 
reasonable indication of material injury, threat of material 
injury, or material retardation, 
an interested party who is a party to the proceeding in connec-
tion with which the matter arises may commence an action in 
the United States Court of International Trade by filing concur-
rently a summons and complaint, each with the content and in 
the form, manner, and style prescribed by the rules of that 
court, contesting any factual findings or legal conclusions upon 
which the determination is based.". 
(2) Paragraph (2)(A) is amended— 
(A) by striking out "the date of publication in the Federal 
Register o f in the matter preceding clause (i); and 
(B) by amending clauses (i) and (ii) to read as follows: 
"(i) the date of publication in the Federal Register 
of-
"(I) notice of any determination described in 
clause (ii), (iii), (iv), or (v) of subparagraph (B), or 
"(II) an antidumping or countervailing duty 
order based upon any determination described in 
clause (i) of subparagraph (B), or 
"(ii) the date of mailing of a determination described 
in clause (vi) of subparagraph (B),". 
(3) Amend paragraph (2)(B) to read as follows: 
"(B) REVIEWABLE DETERMINATIONS.—The determinations 
which may be contested under subparagraph (A) are as 
follows: 
"(i) Final affirmative determinations by the adminis-
tering authority and by the Commission under section 
705 or 735 of this Act, including any negative part of 
such a determination (other than a part referred to in 
clause (ii)). 
"(ii) A final negative determination by the adminis-
tering authority or the Commission under section 705 
or 735 of this Act, including, at the option of the 
appellant, any part of a final affirmative determination 
which specifically excludes any company or product. 
"(iii) A final determination, other than a determina-
tion reviewable under paragraph (1), by the administer-
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3041 
ing authority or the Commission under section 751 of 
this Act. 
Ante, p. 3031. 
"(iv) A determination by the administering author-
ity, under section 704 or 734 of this Act, to suspend an 
Ante, pp. 3025, 
antidumping duty or a countervailing duty investiga- 
^^^6. 
tion, including any final determination resulting from 
a continued investigation which changes the size of the 
dumping margin or net subsidy calculated, or the rea-
soning underlying such calculations, at the time the 
suspension agreement was concluded. 
"(v) An injurious effect determination by the Com-
mission under section 704(h) or 734(h) of this Act. 
"(vi) A determination by the administering authority 
as to whether a particular type of merchandise is 
within the class or kind of merchandise described in an 
existing finding of dumping or antidumping or counter-
vailing duty order.". 
(4) Redesignate paragraph (3) as paragraph (4) and after 
paragraph (2) insert the following: 
"(3) EXCEPTION.—Notwithstanding the limitation imposed by 
paragraph (2)(A)(ii) of this subsection, a final affirmative deter-
mination by the administering authority under section 705 or 
735 of this Act may be contested by commencing an action, in Ante, pp. 3024, 
accordance with the provisions of paragraph (2)(A), within 3028,3029. 
thirty days after tjae date of publication in the Federal Register 
of a final negative determination by the Commission under 
section 705 or 735 of this Act.". 
(b) Title 28, United States Code, is amended as follows: 
(1) Section 2636 is amended— 
(A) by amending subsection (c) to read as follows: 
"(c) A civil action contesting a reviewable determination listed in 
section 516A of the Tariff Act of 1930 is barred unless commenced in Ante, p. 3040. 
accordance with the rules of the Court of International Trade within 
the time specified in such section."; and 
(B) by striking out subsection (d) and redesignating sub-
sections (e) through (b as (d) through (h), respectively. 
(2) Section 2647 is amended to read as follows: 
"§ 2647. Precedence of cases 
"The following civil actions in the Court of International Trade 
shall be given precedence, in the following order, over other civil 
actions pending before the Court, and shall be assigned for hearing 
at the earliest practicable date and expedited in every way: 
"(1) First, a civil action involving the exclusion of perishable 
merchandise or the redelivery of such merchandise. 
"(2) Second, a civil action commenced under section 515 of the 
Tariff Act of 1930 involving the exclusion or redelivery of 19USC1515. 
merchandise. 
"(3) Third, a civil action commenced under section 516 or 
516A of the Tariff Act of 1930.". 
19 USC 1516; 
SEC. 624. ADJUSTMENTS STUDY. 
The Secretary of Commerce shall undertake a study of the current 
practices that are applied in the making of adjustments to purchase 
prices and exporter's sales prices under section 772 (d) and (e) (19 
U.S.C. 1677a (d) and (e)) and foreign market value and constructed 
ante, p. 3040. 
98 STAT. 3042 
PUBLIC LAW 98-573—OCT. 30, 1984 
Ante, p. 3036. 
Report. 
19 use 1671. 
19 use 1671 
note. 
19 use 1671, 
1673. 
19 u s e 1671. 
19 use 1671a, 
1673a. 
value under section 773 (19 U.S.C. 1677b) in determining antidump-
ing duties. The study shall include, but not be limited to— 
(1) a review of the types of adjustments currently being made; 
(2) a review of private sector comments and recommendations 
regarding the subject that were made at congressional hearings 
during the first session of the Ninety-eighth Congress; and 
(3) the manner and extent to which such adjustments lead to 
inequitable results. 
Within one year after the date of the enactment of this Act, the 
Secretary of Commerce shall complete the study required under this 
section and shall submit to Congress a written report regarding the 
study and containing such recommendations as the Secretary deems 
appropriate regarding the need, and the means, for simplifying and 
modifying current practices in the making of such adjustments. 
SEC. 625. INDUSTRIAL TARGETING STUDIES. 
The Secretary of Commerce, the Secretary of Labor, the United 
States Trade Representative, and the Comptroller General of the 
United States shall each undertake, and submit to the Congress not 
later than June 1, 1985, a comprehensive study of the problem of 
foreign industrial targeting, whereby foreign governments adopt 
plans or schemes of coordinated activities to foster and benefit 
specific industries, and of the desirability or need to amend the 
United States trade laws in order to provide effective remedies for 
domestic industries against the adverse effects of such targeting. To 
the extent consistent with agency jurisidiction, such studies shall 
include, but are not limited to— 
(1) an analysis of^ 
(A) whether foreign industrial targeting should be consid-
ered as an unfair trade practice under United States law; 
(B) whether current law, including the remedies under 
title VII of the Tariff Act of 1930, adequately address the 
subsidy element of foreign industrial policy measures; and 
(C) the extent to which foreign industrial targeting prac-
tices are significantly affecting United States commerce; 
and 
(2) any recommended legislation considered necessary based 
on the study results. 
SEC. 626. EFFECTIVE DATES. 
(a) Except as provided in subsections (b) and (c), this Act, and the 
amendments made by it, shall take effect on the date of the enact-
ment of this Act. 
(b)(1) The amendments made by sections 602, 609, 611, 612, and 
620 shall apply with respect to investigations initiated by petition or 
by the administering authority under subtitles A and B of title VII 
of the Tariff Act of 1930 on or after such effective date. 
(2) The amendments made by section 623 shall apply with respect 
to civil actions pending on, or filed on or after, the date of the 
enactment of this Act. 
(c)(1) No provision of title VII of the Tariff Act of 1930 shall be 
interpreted to prevent the refiling of a petition under section 702 or 
732 of that title that was filed before the date of the enactment of 
this title, if the purpose of such refiling is to avail the petitioner of 
the amendment made by section 612(a)(1). 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3043 
(2) The amendment made by section 612(aXl) shall not apply with 
respect to petitions filed (or refiled under paragraph (1)) under 
section 702 or 732 of the Tariff Act of 1930 after September 30,1986. 
TITLE 
VII—AUTHORIZATION 
OF 
APPROPRIA-
TIONS FOR CUSTOMS AND TRADE AGENCIES 
SEC. 701. UNITED STATES INTERNATIONAL TRADE COMMISSION. 
The first sentence of paragraph (2) of section 330(e) of the Tariff 
Act of 1930 (19 U.S.C. 133(eX2)) is amended to read as follows: "There 
are authorized to be appropriated to the C!k)mmission for necessary 
expenses (including the rental of conference rooms in the District of 
Columbia and elsewhere) for fiscal year 1985 not to exceed 
$28,410,000; of which not to exceed $2,500 may be used, subject to 
approval by the Chairman of the Commission, for reception and 
entertainment expenses.". 
SEC. 702. UNITED STATES CUSTOMS SERVICE. 
Section 301 of the Customs Procedural Reform and Simplification 
Act of 1978 (19 U.S.C. 2075) is amended as follows: 
(1) Subsection (b) is amended to read as follows: 
"(b) There are authorized to be appropriated to the Department of 
the Treasury not to exceed $686,399,000 for the salaries and ex-
penses of the United States Customs Service for fiscal year 1985; of 
which (A) $28,070,000 is for the operation and maintenance of the 
air interdiction program of the Service, and (B) not to exceed 
$15,000,000 is for the implementation of the 'Operation EXODUS' 
program and any related program designed to enforce or monitor 
export controls under the Export Administration Act of 1979.". 
(2) Subsection (d) is redesignated as subsection (e). 
(3) The following new subsection is inserted immediately after 
subsection (c): 
"(d) No part of any sum that is appropriated under subsection (b) 
for fiscal years after September 30, 1984, may be used for adminis-
trative expenses to pay any employee of the United States Customs 
Service overtime pay in an amount exceeding $25,000; except that 
the Commissioner of Customs or his designee may waive this limita-
tion in individual cases in order to prevent excessive costs or to meet 
emergency requirements of the Service.". 
SEC. 703. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE. 
Section 141(fXl) of the Trade Act of 1974 (19 U.S.C. 2171(fXl)) is 
(1) by striking out "$11,100,000 for fiscal year 1983" and 
inserting in lieu thereof "$14,179,000 for fiscal year 1985"; and 
(2) by striking out "$65,000" and inserting in lieu thereof 
"$80,000". 
TITLE VIII—ENFORCEMENT AUTHORITY 
FOR 
THE NATIONAL POLICY FOR THE STEEL IN-
DUSTRY 
19 use 1671a, 
1673a. 
19 use 1330. 
19 use 1330. 
50 use 2401 
note. 
Steel Import 
Stabilizatfon 
Act. 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Steel Import Stabilization Act". 
19 use 2258 
note. 
98 STAT. 3044 
PUBLIC LAW 98-573—OCT. 30, 1984 
19 use 2253 
SEC. 802. FINDINGS AND PURPOSES. 
(a) The Congress finds that— 
(1) the United States steel industry has a serious need to 
modernize its plant and equipment in order to enhance its 
international competitiveness, and needs increased capital in-
vestments to effect that modernization; 
(2) the ability of the domestic steel industry to be internation-
ally competitive is, and has been, impeded by the effects of the 
enormous Federal budget deficit, an overvalued dollar, and 
increasing trade deficits, as well as serious injury due to imports 
of, and subsidies, dumping, and the use of other unfair and 
restrictive foreign trade practices regarding steel products; 
(3) the extensiveness of the unfair trade practices engaged in 
the international market regarding such products imposes un-
usually harsh burdens on the United States steel industry in 
combating those practices through the trade remedy laws; 
(4) expeditious and effective action under the President's 
national policy for the steel industry, including more vigorous 
efforts by the Executive Branch to self-initiate and pursue 
remedies against those practices, is needed to eliminate the 
adverse effects of those unfair trade practices; 
(5) import relief will be ineffective and will not serve the 
national economic interest unless the industry during the 
period of relief engages in serious efforts substantially to mod-
ernize and to improve its international competitiveness; and 
(6) full and effective implementation of the national policy for 
the steel industry will substantially improve the economy and 
employment in both the steel and iron ore-producing sectors. 
(b) The purposes of this title are— 
(1) to supplement the authority of the President to achieve the 
goals of the national policy for the steel industry by granting 
enforcement powers regarding those bilateral arrangements 
that are entered into or undertaken for purposes of implement-
ing that national policy; and 
(2) to make the continuation of those powers subject to the 
condition that the steel industry undertake a comprehensive 
modernization of its plant and equipment. 
19 use 2253 
SEC. 803. SENSE OF CONGRESS REGARDING THE NATIONAL POLICY FOR 
note. 
THE STEEL INDUSTRY. 
It is the sense of the Congress that— 
(1) the President should, in conjunction with the authority 
granted under this title, implement the national policy for the 
steel industry in a manner to ensure that the foreign share of 
the United States market for steel products is commensurate 
with a level which would obtain under conditions of fair, unsub-
sidized competition; and it is further the sense of Congress that 
when this policy is fully implemented, it will result in a foreign 
share of the domestic market of 17.0 to 20,2 percent, subject to 
such modifications that changes in market conditions and the 
composition of the steel industry may require; 
(2) the national policy for the steel industry should not be 
implemented in a manner contrary to the antitrust laws; and 
(3) if the national policy for the steel industry does not 
produce satisfactory results within a reasonable period of time, 
the Congress will consider taking such legislative actions con-
cerning steel and iron ore products as may be necessary or 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3045 
appropriate to stabilize conditions in the domestic market for 
such products. 
SEC. 804. DEFINITIONS. 
19 USC 2253 
As used in this title— 
(1) The term "bilateral arrangement" means any arrange-
ment, agreement, or understanding (including, but not limited 
to, any surge control understanding or suspension agreement) 
entered into or undertaken, or previously entered into or under-
taken, by the United States and any foreign country or customs 
union containing such quantitative limitations, restrictions, or 
other terms relating to the importation into, or exportation to, 
the United States of categories of steel products as may be 
necessary to implement the national policy for the steel 
industry. 
(2) The term "national policy for the steel industry" means 
those actions and elements described in Executive Communica-
tion 4046, dated September 18, 1984 (printed as House 
Document 98-263). 
(3) The term "steel industry" means producers in the United 
States of steel products. 
SEC. 805. ENFORCEMENT AUTHORITY. 
19 USC 2253 
(a) Subject to section 806, the President is authorized to carry out 
such actions as may be necessary or appropriate to enforce the 
quantitative limitations, restrictions, and other terms agreed to 
between the United States and steel-exporting nations as contained 
in bilateral arrangements. Such actions may include, but are not 
limited to, requirements that valid export licenses or other docu-
mentation issued by a foreign government be presented as a 
condition for the entry into the United States of steel products. 
0)X1) In connection with the provisions of the Arrangement on 
European Communities' Export of Pipes and Tubes to the United 
States of America, contained in an exchange of letters dated October 
21, 1982, between representatives of the United States and the 
Commission of the European Communities, including any modifica-
tion, clarification, extension, or successor agreement 
thereto 
(collectively referred to hereinafter as "the Arrangement"), the 
Secretary of Commerce is authorized to request the Secretary of the 
Treasury to take action pursuant to paragraph (2) of this subsection 
whenever he determines that— 
(A) the level of exports of pipes and tubes to the United States 
from the European Communities is exceeding the average share 
of annual United States apparent consumption specified in the 
Arrangement, or 
(B) distortion is occurring in the pattern of United States-
European Communities trade within the pipe and tube sector 
taking into account the average share of annual United States 
apparent consumption accounted for by European Communities 
articles within product categories developed by the Secretary of 
Commerce. 
Any re<iuest to the Secretary of the Treasury pursuant to this 
subsection by the Secretary of Commerce shall identify one or more 
categories of pipe and tube products with respect to which action 
under paragraph (2) is requested. 
(2) At the request of the Secretary of Commerce pursuant to 
paragraph (1), the Secretary of the Treasury shall take such action 
31-194 0 - 86 - 22 : QL.3 Part3 
98 STAT. 3046 
PUBLIC LAW 98-573—OCT. 30, 1984 
as may be necessary to ensure that the aggregate quantity of 
European Communities articles in each product category identified 
by the Secretary of Commerce in such request that are entered into 
the United States are in accordance with the terms of the 
Arrangement. 
(3) Nothing in this subsection may be construed as prohibiting the 
Secretary of Commerce from permitting the importation of addi-
tional quantities of specific products in cases where the Secretary 
determines that conditions of short supply or emergency economic 
situations related to market demand exist; except that a short 
supply or emergency economic situation shall not be considered to 
exist solely because domestic producers are unwilling to supply 
products at prices below their costs of production (as determined by 
the Secretary of Commerce). 
(c) For purposes of carrying out this title, the Secretary of the 
Treasury may provide by regulation for the terms and conditions 
under which steel products may be denied entry into the United 
States. 
19 use 2253 
SEC. 806. EFFECTIVE PERIOD OF TITLE. 
^°^' 
(a) IN GENERAL.—Section 805 shall terminate— 
(1) at the close of the fifth anniversary of the effective date of 
this title; or 
(2) at the close of the first, second, third, or fourth anniver-
sary of the effective date of this title, unless the President, 
before each such anniversary, submits to the Committee on 
Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate (in writing and together 
with the reasons therefor) an affirmative annual determination 
described in subsection (b). 
(bXD An affirmative annual determination is a determination by 
the President that— 
(A) the major companies of the steel industry, taken as a 
whole, have, during the 12-month period ending at the close of 
an anniversary referred to in subsection (aX2)— 
(i) committed substantially all of their net cash flow from 
steel product operations for purposes of reinvestment in, 
and modernization of, that industry through investment in 
modern plant and equipment, research and development, 
and other appropriate projects, such as working capital for 
steel operations and programs for the retraining of workers; 
and 
(ii) taken sufficient action to maintain their international 
competitiveness, including action to produce price-competi-
tive and quality-competitive products, to control costs of 
production, including employment costs, and to improve 
productivity; and 
(B) each of the major companies committed for the applicable 
12-month period not less than 1 percent of net cash flow to the 
retraining of workers; except that this requirement may be 
waived by the President with respect to a major company in 
noncompliance, if he finds unusual economic circumstances 
exist with respect to that company; and 
(C) the enforcement authority provided under section 805 
remains necessary to maintain the effectiveness of bilateral 
arrangements undertaken to eliminate unfair trade practices in 
the steel sector. 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3047 
(2) For purposes of this subsection— 
(A) the term "major company" means an enterprise whose 
raw steel production in the United States during 1983 exceeded 
1,500,000 net tons. 
(B) The term "net cash flow" means annual net (after-tax) 
income plus depreciation, depletion allowances, amortization, 
and changes in reserves minus dividends and payments on 
short-term and long-term debts and liabilities. 
(3) For purposes of carrying out this subsection, the President 
shall take into account such information as may be available from 
the United States International Trade Commission and other appro-
priate sources relating to the modernization efforts of the steel 
industry. 
SEC. 807. DEPARTMENT OF LABOR WORKER ASSISTANCE PLAN. 
19 USC 2253 
Within 6 months after the effective date of this title, the Secretary 
of Labor shall prepare (in consultation with the Steel Advisory 
Committee established on November 3, 1983, by the Secretary of 
Commerce and the Secretary of Labor (48 F.R. 51165)) and submit to 
the Congress a proposed plan of action for assisting workers in 
communities that are adversely affected by imports of steel prod-
ucts; which assistance shall include retraining and relocation for 
former workers in the steel industry who will likely be unable to 
return to employment in that industry. The plan required under 
this section shall be based upon existing authorities for providing 
such assistance, but shall be accompanied by such recommendations 
for additional statutory authority as the Secretary of Labor consid-
ers necessary to carry out the purposes of the plan. 
SEC. 808. EFFECTIVE DATE. 
19 USC 2253 
This title shall take effect on October 1,1984. 
T I T L E I X — W I N E T R A D E 
wine Equity and 
Export Expan-
sion Act of 1984. 
SEC. 901. SHORT TITLE. 
19 UgQ ggQl 
This title may be cited as the "Wine Equity and Export Expansion ^°^-
Act of 1984". 
SEC. 902. CONGRESSIONAL FINDINGS AND PURPOSES. 
19 USC 2801. 
(a) Congress finds that— 
(1) there is a substantial imbalance in international wine 
trade resulting, in part, from the relative accessibility enjoyed 
by foreign wines to the United States market while the United 
States wine industry faces restrictive tariff and nontariff bar-
riers in virtually every existing or potential foreign market; 
(2) the restricted access to foreign markets and the continued 
low prices for United States wine and grape products adversely 
affect the economic position of our Nation's winemakers and 
grape growers, as well as all other domestic sectors that depend 
upon wine production; 
(3) the competitive position of United States wine in interna-
tional trade has been weakened by foreign trade practices, high 
domestic interest rates, and unfavorable foreign exchange rates; 
(4) wine consumption per capita is very low in many major 
non-wine producing markets and the demand potential for 
United States wine is significant; and 
98 STAT. 3048 
PUBLIC LAW 98-573—OCT. 30, 1984 
(5) the 
United 
States winemaking 
industry 
has 
the 
capacity and the ability to export substantial volumes of wine 
and an increase in United States wine exports will create new 
jobs, improve this Nation's balance of trade, and otherwise 
strengthen the national economy, 
(b) The purposes of this title are— 
(1) to provide wine consumers with the greatest possible 
choice of wines from wine-producing countries; 
(2) to encourage the initiation of an export promotion pro-
gram to develop, maintain, and expand foreign markets for 
United States wine; and 
(3) to achieve greater access to foreign markets for United 
States wine and grape products through the reduction or elimi-
nation of tariff barriers and nontariff barriers to (or other 
distortions of) trade in wine. 
19 use 2802. 
SEC. 903. DEFINITIONS. 
For purposes of this title— 
(1) The term "Committees" means the Committee on Ways 
and Means of the House of Representatives and the Committee 
on Finance of the Senate. 
(2) The term "grape product" means grapes and any product 
(other than wine) made from grapes, including, but not limited 
to, raisins and grape juice, whether or not concentrated. 
(3) The term "major wine trading country" means any foreign 
country, or group of foreign countries, designated as such under 
section 904. 
(4) The phrase "nontariff barrier to (or other distortion of)", 
in the context of trade in United States wine, includes any 
measure implemented by the government of a major wine 
trading country that either gives a competitive advantage to the 
wine industry of that country or restricts the importation of 
United States wine into that country. 
(5) The term "Trade Representative" means the United States 
Trade Representative. 
(6) The term "United States wine" means wine produced 
within the customs territory of the United States. 
(7) The term "wine" means any fermented alcoholic beverage 
that— 
(A) is made from grapes or other fruit; 
(B) contains not less than 0.5 percent alcohol by volume 
and not more than 24 percent alcohol by volume, including 
all dilutions and mixtures thereof by whatever process 
produced; and 
(C) is for nonindustrial use. 
19 use 2803. 
SEC. 904. DESIGNATION OF MAJOR WINE TRADING COUNTRIES. 
(a) The Trade Representative shall designate as a major wine 
trading country each foreign country, or group of foreign countries 
represented as an economic union, that, in the judgment of the 
Trade Representative— 
(1) is a potential significant market for United States wine; 
and 
(2) maintains tariff barriers or nontariff barriers to (or other 
distortions of) trade in United States wine. 
(b) In deciding, for purposes of subsection (a)(2), whether a foreign 
country or group of countries maintains nontariff barriers to (or 
PUBLIC LAW 98-573—OCT. 30, 1984 
98 STAT. 3049 
other distortions of) trade in United States wine, the Trade Repre-
sentative shall take into account— 
(1) the review and report required under section 854(a) of the 
Trade Agreements Act of 1979 (19 U.S.C. 2135 note); 
(2) such relevant actions that may have been taken by that 
country or group since that review was conducted; and 
(3) such information as may be submitted under section 906 
by representatives of the wine and grape products industries in 
the United States, as well as other sources. 
SEC. 905. ACTIONS TO REDUCE OR ELIMINATE TARIFF AND NONTARIFF 
19 USC 2804. 
BARRIERS AFFECTING UNITED STATES WINE. 
(a) The President shall direct the Trade Representative to enter 
President of U.S. 
into consultations with each major wine trading country to seek a 
reduction or elimination of that country's tariff barriers and nontar-
iff barriers to (or other distortions of) trade in United States wine. 
(b)(1) the President shall notify each of the Committees regarding 
Report, 
the extent and effect of the efforts undertaken since the submission 
of the report required under section 854(a) of the Trade Agreements 
Act of 1979, and during the 12-month period beginning on the date 
of the enactment of this Act, to expand opportunities in each major 
wine trading country for exports of United States wine. Such notifi-
cation, which shall be in the form of a separate written report (that 
must be submitted within 30 days after the close of that 12-month 
period) for each major wine trading country, shall include— 
(A) a description of each act, policy, and practice (and of its 
legal basis and, operation) in that country that constitutes a 
tariff barrier or nontariff barrier to (or other distortion of) trade 
in United States wine (and that description shall be based upon 
an updating of the report that was submitted to the Congress 
under section 854(a) of the Trade Agreements Act of 1979); 19USC2135 
(B) an assessment of the extent to which each such act, policy, 
note, 
or practice is subject to international agreements to which the 
United States is a party; 
(C) information with respect to any action taken, or proposed 
to be taken, under existing authority to eliminate or reduce 
each such act, policy, or practice, including, but not limited to— 
(i) any action under the Trade Act of 1974, and 
19 USC 2101. 
(ii) any negotiation or consultation with any foreign gov-
ernment; 
(D) if action referred to in subparagraph (C) was not taken, an 
explanation of the reasons therefore; and 
(E) recommendations to the Congress of any additional legis-
lative authority or other action which the President believes is 
necessary and appropriate to obtain the elimination or reduc-
tion of foreign tariff barriers or nontariff barriers to (or other 
distortions of) trade in United States wine. 
(2) The reports required under paragraph (1) shall be developed 
and coordinated by the Trade Representative through the inter-
agency trade organization established by section 242(a) of the 
Trade Expansion Act of 1962. 
19 usc 1872. 
(c) If the President, after taking into account information and 
advice received under subsections (a) and (b), section 906 or from 
other sources, determines that action is appropriate to respond to 
any act, policy, or practice of a major wine trading country consti-
tutes a tariff barrier or nontariff barrier to (or other distortion of) 
trade in United States wine and— 
98 STAT. 3050 
PUBLIC LAW 98-573—OCT. 30, 1984 
(1) is inconsistent wi^ the provisions of, or otherwise denies 
benefits to the United States under, any trade agreement; or 
(2) is unjustifiable, unreasonable, or discriminatory and bur-
dens or restricts United States commerce; 
the President, shall take all appropriate and feasible action under 
1
9 use 2101. 
the Trade Act of 1974 to enforce the rights of the United States 
under any such trade agreement or to obtain the elimination of such 
act, policy, or practice. 
19 u s e 2805. 
SEC. 906. REQUIRED CONSULTATIONS. 
The Trade Representative shall consult with the Committees and 
with representatives of the wine and grape products industries in 
the United States— 
(1) before identifying tariff barriers and nontariff barriers to 
(or other distortions of) trade in United States wine and desig-
nating major wine trading countries under section 904; 
(2) in developing the reports required under section 905(b); 
and 
(3) for purposes of determining whether action by the Presi-
dent is appropriate under any provision of the Trade Act of 1974 
with respect to any act, policy, or practice referred to in section 
905(b)(1). 
19 u s e 2806. 
SEC. 907. UNITED STATES WINE EXPORT PROMOTION. 
In order to develop, maintain, and expand foreign markets for 
United States wine, the President is encouraged to— 
(1) utilize, for the fiscal year ending September 30, 1985, the 
authority provided under section 135 of the Omnibus Budget 
7 use 612c. 
Reconciliation Act of 1982 to make available sufficient funds to 
initiate, in cooperation with nongovernmental trade associa-
tions representative of United States wineries, an export promo-
tion program for United States; and 
(2) request, for each subsequent fiscal year, an appropriation 
for such a wine export promotion program that will not be at 
the expense of any appropriations requested for export promo-
tion programs involving other agriculture commodities. 
Approved October 30, 1984. 
LEGISLATIVE HISTORY—H.R. 3398: 
HOUSE REPORTS: No. 98-267 (eomm. on Ways and Means) and No. 98-1156 (eomm. 
of Conference). 
SENATE REPORT No. 98-308 (Comm. on Finance). 
CONGRESSIONAL RECORD: 
Vol. 129 (1983): June 28, considered and passed House. 
Vol. 130 (1984): Mar. 2, Sept. 17-20, considered and passed Senate, amended. 
Oct. 3, House concurred in a Senate amendment and in others 
with amendments. 
Oct. 9, House and Senate agreed to conference report.