United States-Singapore Free Trade Agreement Implementation Act
PL 108-78 (H.R.2739), enacted 09/03/2003

117 STAT. 948
PUBLIC LAW 108–78—SEPT. 3, 2003
Public Law 108–78
108th Congress
An Act
To implement the United States-Singapore Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘United States-
Singapore Free Trade Agreement Implementation Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
AGREEMENT
Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the agreement to United States and State law.
Sec. 103. Consultation and layover provisions for, and effective date of, proclaimed
actions.
Sec. 104. Implementing actions in anticipation of entry into force and initial regula-
tions.
Sec. 105. Administration of dispute settlement proceedings.
Sec. 106. Arbitration of certain claims.
Sec. 107. Effective dates; effect of termination.
TITLE II—CUSTOMS PROVISIONS
Sec. 201. Tariff modifications.
Sec. 202. Rules of origin.
Sec. 203. Customs user fees.
Sec. 204. Disclosure of incorrect information.
Sec. 205. Enforcement relating to trade in textile and apparel goods.
Sec. 206. Regulations.
TITLE III—RELIEF FROM IMPORTS
Sec. 301. Definitions.
Subtitle A—Relief From Imports Benefiting From the Agreement
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.
Sec. 313. Provision of relief.
Sec. 314. Termination of relief authority.
Sec. 315. Compensation authority.
Sec. 316. Confidential business information.
Subtitle B—Textile and Apparel Safeguard Measures
Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.
Sec. 323. Period of relief.
Sec. 324. Articles exempt from relief.
Sec. 325. Rate after termination of import relief.
Sec. 326. Termination of relief authority.
19 USC 3805
note.
United States-
Singapore Free
Trade Agreement
Implementation
Act.
Sept. 3, 2003
[H.R. 2739]
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117 STAT. 949
PUBLIC LAW 108–78—SEPT. 3, 2003
Sec. 327. Compensation authority.
Sec. 328. Business confidential information.
Subtitle C—Cases Under Title II of the Trade Act of 1974
Sec. 331. Findings and action on goods from Singapore.
TITLE IV—TEMPORARY ENTRY OF BUSINESS PERSONS
Sec. 401. Nonimmigrant traders and investors.
Sec. 402. Nonimmigrant professionals.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to approve and implement the Free Trade Agreement
between the United States and the Republic of Singapore
entered into under the authority of section 2103(b) of the Bipar-
tisan Trade Promotion Authority Act of 2002;
(2) to strengthen and develop economic relations between
the United States and Singapore for their mutual benefit;
(3) to establish free trade between the 2 nations through
the reduction and elimination of barriers to trade in goods
and services and to investment; and
(4) to lay the foundation for further cooperation to expand
and enhance the benefits of such Agreement.
SEC. 3. DEFINITIONS.
In this Act:
(1) AGREEMENT.—The term ‘‘Agreement’’ means the United
States-Singapore Free Trade Agreement approved by Congress
under section 101(a).
(2) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff
Schedule of the United States.
TITLE I—APPROVAL OF, AND GENERAL
PROVISIONS 
RELATING 
TO, 
THE
AGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) APPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRA-
TIVE ACTION.—Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
(1) the United States-Singapore Free Trade Agreement
entered into on May 6, 2003, with the Government of Singapore
and submitted to Congress on July 15, 2003; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to Congress on
July 15, 2003.
(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.—
At such time as the President determines that Singapore has taken
measures necessary to bring it into compliance with those provisions
of the Agreement that take effect on the date on which the Agree-
ment enters into force, the President is authorized to exchange
notes with the Government of Singapore providing for the entry
into force, on or after January 1, 2004, of the Agreement for the
United States.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 950
PUBLIC LAW 108–78—SEPT. 3, 2003
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES
AND STATE LAW.
(a) RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.—
(1) UNITED STATES LAW TO PREVAIL IN CONFLICT.—No provi-
sion of the Agreement, nor the application of any such provision
to any person or circumstance, which is inconsistent with any
law of the United States shall have effect.
(2) 
CONSTRUCTION.—Nothing 
in 
this 
Act 
shall 
be
construed—
(A) to amend or modify any law of the United States,
or
(B) to limit any authority conferred under any law
of the United States,
unless specifically provided for in this Act.
(b) RELATIONSHIP OF AGREEMENT TO STATE LAW.—
(1) LEGAL CHALLENGE.—No State law, or the application
thereof, may be declared invalid as to any person or cir-
cumstance on the ground that the provision or application
is inconsistent with the Agreement, except in an action brought
by the United States for the purpose of declaring such law
or application invalid.
(2) DEFINITION OF STATE LAW.—For purposes of this sub-
section, the term ‘‘State law’’ includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business
of insurance.
(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REM-
EDIES.—No person other than the United States—
(1) shall have any cause of action or defense under the
Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provi-
sion of law, any action or inaction by any department, agency,
or other instrumentality of the United States, any State, or
any political subdivision of a State on the ground that such
action or inaction is inconsistent with the Agreement.
SEC. 103. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFEC-
TIVE DATE OF, PROCLAIMED ACTIONS.
(a) CONSULTATION AND LAYOVER REQUIREMENTS.—If a provision
of this Act provides that the implementation of an action by the
President by proclamation is subject to the consultation and layover
requirements of this section, such action may be proclaimed only
if—
(1) the President has obtained advice regarding the pro-
posed action from—
(A) the appropriate advisory committees established
under section 135 of the Trade Act of 1974; and
(B) the United States International Trade Commission;
(2) the President has submitted a report to the Committee
on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives that sets forth—
(A) the action proposed to be proclaimed and the rea-
sons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days beginning on the first
day on which the requirements of paragraphs (1) and (2) have
been met has expired; and
Reports.
President.
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 951
PUBLIC LAW 108–78—SEPT. 3, 2003
(4) the President has consulted with such Committees
regarding the proposed action during the period referred to
in paragraph (3).
(b) EFFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS.—Any
action proclaimed by the President under the authority of this
Act that is not subject to the consultation and layover provisions
under subsection (a) may not take effect before the 15th day after
the date on which the text of the proclamation is published in
the Federal Register.
SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO
FORCE AND INITIAL REGULATIONS.
(a) IMPLEMENTING ACTIONS.—
(1) PROCLAMATION AUTHORITY.—After the date of enact-
ment of this Act—
(A) the President may proclaim such actions, and
(B) other appropriate officers of the United States
Government may issue such regulations—
as may be necessary to ensure that any provision of this Act,
or amendment made by this Act, that takes effect on the
date the Agreement enters into force is appropriately imple-
mented on such date, but no such proclamation or regulation
may have an effective date earlier than the date of entry
into force.
(2) WAIVER OF 15-DAY RESTRICTION.—The 15-day restriction
in section 103(b) on the taking effect of proclaimed actions
is waived to the extent that the application of such restriction
would prevent the taking effect on the date the Agreement
enters into force of any action proclaimed under this section.
(b) INITIAL
REGULATIONS.—Initial regulations necessary or
appropriate to carry out the actions required by or authorized
under this Act or proposed in the statement of administrative
action submitted under section 101(a)(2) to implement the Agree-
ment shall, to the maximum extent feasible, be issued within 1
year after the date of entry into force of the Agreement. In the
case of any implementing action that takes effect on a date after
the date of entry into force of the Agreement, initial regulations
to carry out that action shall, to the maximum extent feasible,
be issued within 1 year after such effective date.
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—The President
is authorized to establish or designate within the Department of
Commerce an office that shall be responsible for providing adminis-
trative assistance to panels established under chapter 20 of the
Agreement. Such office may not be considered to be an agency
for purposes of section 552 of title 5, United States Code.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for each fiscal year after fiscal year 2003 to
the Department of Commerce such sums as may be necessary
for the establishment and operations of the office under subsection
(a) and for the payment of the United States share of the expenses
of panels established under chapter 20 of the Agreement.
SEC. 106. ARBITRATION OF CERTAIN CLAIMS.
(a) SUBMISSION
OF CERTAIN CLAIMS.—The United States is
authorized to resolve any claim against the United States covered
by article 15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement,
19 USC 3805
note.
President.
19 USC 3805
note.
Deadlines.
19 USC 3805
note.
Federal Register,
publication.
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117 STAT. 952
PUBLIC LAW 108–78—SEPT. 3, 2003
pursuant to the Investor-State Dispute Settlement procedures set
forth in section C of chapter 15 of the Agreement.
(b) CONTRACT CLAUSES.—All contracts executed by any agency
of the United States on or after the date of entry into force of
the Agreement shall contain a clause specifying the law that will
apply to resolve any breach of contract claim.
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) EFFECTIVE DATES.—Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Act
take effect on the date the Agreement enters into force.
(b) EXCEPTIONS.—
(1) Sections 1 through 3 and this title take effect on the
date of enactment of this Act.
(2) Section 205 takes effect on the date on which the
textile and apparel provisions of the Agreement take effect
pursuant to article 5.10 of the Agreement.
(c) TERMINATION OF THE AGREEMENT.—On the date on which
the Agreement ceases to be in force, the provisions of this Act
(other than this subsection) and the amendments made by this
Act shall cease to be effective.
TITLE II—CUSTOMS PROVISIONS
SEC. 201. TARIFF MODIFICATIONS.
(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT.—
The President may proclaim—
(1) such modifications or continuation of any duty,
(2) such continuation of duty-free or excise treatment, or
(3) such additional duties—
as the President determines to be necessary or appropriate to
carry out or apply articles 2.2, 2.5, 2.6, and 2.12 and Annex 2B
of the Agreement.
(b) OTHER TARIFF MODIFICATIONS.—Subject to the consultation
and layover provisions of section 103(a), the President may
proclaim—
(1) such modifications or continuation of any duty,
(2) such modifications as the United States may agree
to with Singapore regarding the staging of any duty treatment
set forth in Annex 2B of the Agreement,
(3) such continuation of duty-free or excise treatment, or
(4) such additional duties—
as the President determines to be necessary or appropriate to
maintain the general level of reciprocal and mutually advantageous
concessions with respect to Singapore provided for by the Agree-
ment.
(c) CONVERSION TO AD VALOREM RATES.—For purposes of sub-
sections (a) and (b), with respect to any good for which the base
rate in the Schedule of the United States set forth in Annex 2B
of the Agreement is a specific or compound rate of duty, the Presi-
dent may substitute for the base rate an ad valorem rate that
the President determines to be equivalent to the base rate.
SEC. 202. RULES OF ORIGIN.
(a) ORIGINATING GOODS.—For purposes of this Act and for
purposes of implementing the tariff treatment provided for under
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 953
PUBLIC LAW 108–78—SEPT. 3, 2003
the Agreement, except as otherwise provided in this section, a
good is an originating good if—
(1) the good is wholly obtained or produced entirely in
the territory of Singapore, the United States, or both;
(2) each nonoriginating material used in the production
of the good—
(A) undergoes an applicable change in tariff classifica-
tion set out in Annex 3A of the Agreement as a result
of production occurring entirely in the territory of Singa-
pore, the United States, or both; or
(B) if no change in tariff classification is required,
the good otherwise satisfies the applicable requirements
of such Annex; or
(3) the good itself, as imported, is listed in Annex 3B
of the Agreement and is imported into the territory of the
United States from the territory of Singapore.
(b) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.—
(1) IN
GENERAL.—Except as provided for in paragraphs
(2) and (3), a good shall be considered to be an originating
good if—
(A) the value of all nonoriginating materials used in
the production of the good that do not undergo the required
change in tariff classification under Annex 3A of the Agree-
ment does not exceed 10 percent of the adjusted value
of the good;
(B) if the good is subject to a regional value-content
requirement, the value of such nonoriginating materials
is taken into account in calculating the regional value-
content of the good; and
(C) the good satisfies all other applicable requirements
of this section.
(2) EXCEPTIONS.—Paragraph (1) does not apply to the fol-
lowing:
(A) A nonoriginating material provided for in chapter
4 of the HTS or in subheading 1901.90 of the HTS that
is used in the production of a good provided for in chapter
4 of the HTS.
(B) A nonoriginating material provided for in chapter
4 of the HTS or in subheading 1901.90 of the HTS that
is used in the production of a good provided for in heading
2105 or in any of subheadings 1901.10, 1901.20, 1901.90,
2106.90, 2202.90, and 2309.90 of the HTS.
(C) A nonoriginating material provided for in heading
0805, or any of subheadings 2009.11.00 through 2009.39,
of the HTS, that is used in the production of a good pro-
vided for in any of subheadings 2009.11.00 through 2009.39
or in subheading 2106.90 or 2202.90 of the HTS.
(D) A nonoriginating material provided for in chapter
15 of the HTS that is used in the production of a good
provided for in any of headings 1501.00.00 through 1508,
1512, 1514, and 1515 of the HTS.
(E) A nonoriginating material provided for in heading
1701 of the HTS that is used in the production of a good
provided for in any of headings 1701 through 1703 of
the HTS.
(F) A nonoriginating material provided for in chapter
17 of the HTS or heading 1805.00.00 of the HTS that
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117 STAT. 954
PUBLIC LAW 108–78—SEPT. 3, 2003
is used in the production of a good provided for in sub-
heading 1806.10 of the HTS.
(G) A nonoriginating material provided for in any of
headings 2203 through 2208 of the HTS that is used in
the production of a good provided for in heading 2207
or 2208 of the HTS.
(H) A nonoriginating material used in the production
of a good provided for in any of chapters 1 through 21
of the HTS, unless the nonoriginating material is provided
for in a different subheading than the good for which
origin is being determined under this section.
(3) GOODS PROVIDED FOR IN CHAPTERS 50 THROUGH 63 OF
THE HTS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), a good provided for in any of chapters 50 through
63 of the HTS that is not an originating good because
certain fibers or yarns used in the production of the compo-
nent of the good that determines the tariff classification
of the good do not undergo an applicable change in tariff
classification set out in Annex 3A of the Agreement shall
be considered to be an originating good if the total weight
of all such fibers or yarns in that component is not more
than 7 percent of the total weight of that component.
(B) CERTAIN TEXTILE OR APPAREL GOODS.—
(i) TREATMENT AS ORIGINATING GOOD.—A textile
or apparel good containing elastomeric yarns in the
component of the good that determines the tariff classi-
fication of the good shall be considered to be an origi-
nating good only if such yarns are wholly formed in
the territory of Singapore or the United States.
(ii) DEFINITION OF TEXTILE OR APPAREL GOOD.—
For purposes of this subparagraph, the term ‘‘textile
or apparel good’’ means a product listed in the Annex
to the Agreement on Textiles and Clothing referred
to in section 101(d)(4) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(4)).
(c) ACCUMULATION.—
(1) ORIGINATING GOODS INCORPORATED IN GOODS OF OTHER
COUNTRY.—Originating materials from the territory of either
Singapore or the United States that are used in the production
of a good in the territory of the other country shall be considered
to originate in the territory of the other country.
(2) MULTIPLE PROCEDURES.—A good that is produced in
the territory of Singapore, the United States, or both, by 1
or more producers is an originating good if the good satisfies
the requirements of subsection (a) and all other applicable
requirements of this section.
(d) REGIONAL VALUE-CONTENT.—
(1) IN
GENERAL.—For purposes of subsection (a)(2), the
regional value-content of a good referred to in Annex 3A of
the Agreement shall be calculated, at the choice of the person
claiming preferential tariff treatment for the good, on the basis
of the build-down method described in paragraph (2) or the
build-up method described in paragraph (3), unless otherwise
provided in Annex 3A of the Agreement.
(2) BUILD-DOWN METHOD.—
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117 STAT. 955
PUBLIC LAW 108–78—SEPT. 3, 2003
(A) IN GENERAL.—The regional value-content of a good
may be calculated on the basis of the following build-
down method:
AV–VNM
RVC = ———— × 100
AV
(B) DEFINITIONS.—For purposes of subparagraph (A):
(i) The term ‘‘RVC’’ means the regional value-con-
tent, expressed as a percentage.
(ii) The term ‘‘AV’’ means the adjusted value.
(iii) The term ‘‘VNM’’ means the value of nonorigi-
nating materials that are acquired and used by the
producer in the production of the good.
(3) BUILD-UP METHOD.—
(A) IN GENERAL.—The regional value-content of a good
may be calculated on the basis of the following build-
up method:
VOM
RVC = ———— × 100
AV
(B) DEFINITIONS.—For purposes of subparagraph (A):
(i) The term ‘‘RVC’’ means the regional value-con-
tent, expressed as a percentage.
(ii) The term ‘‘AV’’ means the adjusted value.
(iii) The term ‘‘VOM’’ means the value of origi-
nating materials that are acquired or self-produced
and are used by the producer in the production of
the good.
(e) VALUE OF MATERIALS.—
(1) IN GENERAL.—For purposes of calculating the regional
value-content of a good under subsection (d), and for purposes
of applying the de minimis rules under subsection (b), the
value of a material is—
(A) in the case of a material imported by the producer
of the good, the adjusted value of the material;
(B) in the case of a material acquired in the territory
in which the good is produced, except for a material to
which subparagraph (C) applies, the adjusted value of the
material; or
(C) in the case of a material that is self-produced,
or in a case in which the relationship between the producer
of the good and the seller of the material influenced the
price actually paid or payable for the material, including
a material obtained without charge, the sum of—
(i) all expenses incurred in the production of the
material, including general expenses; and
(ii) an amount for profit.
(2) FURTHER ADJUSTMENTS TO THE VALUE OF MATERIALS.—
(A) ORIGINATING MATERIALS.—The following expenses,
if not included in the value of an originating material
calculated under paragraph (1), may be added to the value
of the originating material:
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PUBLIC LAW 108–78—SEPT. 3, 2003
(i) The costs of freight, insurance, packing, and
all other costs incurred in transporting the material
to the location of the producer.
(ii) Duties, taxes, and customs brokerage fees on
the material paid in the territory of Singapore, the
United States, or both, other than duties and taxes
that are waived, refunded, refundable, or otherwise
recoverable, including credit against duty or tax paid
or payable.
(iii) The cost of waste and spoilage resulting from
the use of the material in the production of the good,
less the value of renewable scrap or by-product.
(B) 
NONORIGINATING
MATERIALS.—The 
following
expenses, if included in the value of a nonoriginating mate-
rial calculated under paragraph (1), may be deducted from
the value of the nonoriginating material:
(i) The costs of freight, insurance, packing, and
all other costs incurred in transporting the material
to the location of the producer.
(ii) Duties, taxes, and customs brokerage fees on
the material paid in the territory of Singapore, the
United States, or both, other than duties and taxes
that are waived, refunded, refundable, or otherwise
recoverable, including credit against duty or tax paid
or payable.
(iii) The cost of waste and spoilage resulting from
the use of the material in the production of the good,
less the value of renewable scrap or by-product.
(iv) The cost of processing incurred in the territory
of Singapore or the United States in the production
of the nonoriginating material.
(v) The cost of originating materials used in the
production of the nonoriginating material in the terri-
tory of Singapore or the United States.
(f) ACCESSORIES, SPARE PARTS, OR TOOLS.—
(1) IN
GENERAL.—Subject to paragraph (2), accessories,
spare parts, or tools delivered with the good that form part
of the good’s standard accessories, spare parts, or tools shall—
(A) be treated as originating goods if the good is an
originating good; and
(B) be disregarded in determining whether all the non-
originating materials used in the production of the good
undergo an applicable change in tariff classification set
out in Annex 3A of the Agreement.
(2) CONDITIONS.—Paragraph (1) shall apply only if—
(A) the accessories, spare parts, or tools are not
invoiced separately from the good;
(B) the quantities and value of the accessories, spare
parts, or tools are customary for the good; and
(C) if the good is subject to a regional value-content
requirement, the value of the accessories, spare parts, or
tools is taken into account as originating or nonoriginating
materials, as the case may be, in calculating the regional
value-content of the good.
(g) FUNGIBLE GOODS AND MATERIALS.—
(1) IN GENERAL.—
Applicability.
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117 STAT. 957
PUBLIC LAW 108–78—SEPT. 3, 2003
(A) CLAIM FOR PREFERENTIAL TREATMENT.—A person
claiming preferential tariff treatment for a good may claim
that a fungible good or material is originating either based
on the physical segregation of each fungible good or mate-
rial or by using an inventory management method.
(B) INVENTORY
MANAGEMENT
METHOD.—In this sub-
section, the term ‘‘inventory management method’’ means—
(i) averaging;
(ii) ‘‘last-in, first-out’’;
(iii) ‘‘first-in, first-out’’; or
(iv) any other method—
(I) recognized in the generally accepted
accounting principles of the country in which the
production is performed (whether Singapore or the
United States); or
(II) otherwise accepted by that country.
(2) ELECTION OF INVENTORY METHOD.—A person selecting
an inventory management method under paragraph (1) for
particular fungible goods or materials shall continue to use
that method for those fungible goods or materials throughout
the fiscal year of that person.
(h) PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE.—
Packaging materials and containers in which a good is packaged
for retail sale, if classified with the good, shall be disregarded
in determining whether all the nonoriginating materials used in
the production of the good undergo the applicable change in tariff
classification set out in Annex 3A of the Agreement and, if the
good is subject to a regional value-content requirement, the value
of such packaging materials and containers shall be taken into
account as originating or nonoriginating materials, as the case
may be, in calculating the regional value-content of the good.
(i) PACKING MATERIALS
AND CONTAINERS
FOR SHIPMENT.—
Packing materials and containers in which a good is packed for
shipment shall be disregarded in determining whether—
(1) the nonoriginating materials used in the production
of a good undergo an applicable change in tariff classification
set out in Annex 3A of the Agreement; and
(2) the good satisfies a regional value-content requirement.
(j) INDIRECT MATERIALS.—An indirect material shall be consid-
ered to be an originating material without regard to where it
is produced, and its value shall be the cost registered in the
accounting records of the producer of the good.
(k) THIRD COUNTRY OPERATIONS.—A good shall not be consid-
ered to be an originating good by reason of having undergone
production that satisfies the requirements of subsection (a) if, subse-
quent to that production, the good undergoes further production
or any other operation outside the territories of Singapore and
the United States, other than unloading, reloading, or any other
operation necessary to preserve it in good condition or to transport
the good to the territory of Singapore or the United States.
(l) SPECIAL RULE
FOR APPAREL GOODS LISTED
IN CHAPTER
61 OR 62 OF THE HTS.—
(1) IN
GENERAL.—An apparel good listed in chapter 61
or 62 of the HTS shall be considered to be an originating
good if it is both cut (or knit to shape) and sewn or otherwise
assembled in the territory of Singapore, the United States,
or both, from fabric or yarn, regardless of origin, designated
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in the manner described in paragraph (2) as fabric or yarn
not available in commercial quantities in a timely manner
in the United States.
(2) DESIGNATION OF CERTAIN FABRIC AND YARN.—The des-
ignation referred to in paragraph (1) means a designation made
in a notice published in the Federal Register on or before
November 15, 2002, identifying apparel goods made from fabric
or yarn eligible for entry into the United States under sub-
heading 9819.11.24 or 9820.11.27 of the HTS. For purposes
of this subsection, a reference in the notice to fabric or yarn
formed in the United States is deemed to include fabric or
yarn formed in Singapore.
(m) APPLICATION AND INTERPRETATION.—In this section:
(1) The basis for any tariff classification is the HTS.
(2) Any cost or value referred to in this section shall be
recorded and maintained in accordance with the generally
accepted accounting principles applicable in the territory of
the country in which the good is produced (whether Singapore
or the United States).
(n) DEFINITIONS.—In this section:
(1) ADJUSTED VALUE.—The term ‘‘adjusted value’’ means
the value of a good determined under articles 1 through 8,
article 15, and the corresponding interpretative notes of the
Agreement on Implementation of Article VII of the General
Agreement on Tariffs and Trade 1994 referred to in section
101(d)(8) of the Uruguay Round Agreements Act, except that
such value may be adjusted to exclude any costs, charges,
or expenses incurred for transportation, insurance, and related
services incident to the international shipment of the good
from the country of exportation to the place of importation.
(2) FUNGIBLE GOODS AND FUNGIBLE MATERIALS.—The terms
‘‘fungible goods’’ and ‘‘fungible materials’’ mean goods or mate-
rials, as the case may be, that are interchangeable for commer-
cial purposes and the properties of which are essentially iden-
tical.
(3) GENERALLY
ACCEPTED
ACCOUNTING
PRINCIPLES.—The
term ‘‘generally accepted accounting principles’’ means the rec-
ognized consensus or substantial authoritative support in the
territory of Singapore or the United States, as the case may
be, with respect to the recording of revenues, expenses, costs,
and assets and liabilities, the disclosure of information, and
the preparation of financial statements. The standards may
encompass broad guidelines of general application as well as
detailed standards, practices, and procedures.
(4) GOODS WHOLLY OBTAINED OR PRODUCED ENTIRELY IN
THE TERRITORY OF SINGAPORE, THE UNITED STATES, OR BOTH.—
The term ‘‘goods wholly obtained or produced entirely in the
territory of Singapore, the United States, or both’’ means—
(A) mineral goods extracted in the territory of Singa-
pore, the United States, or both;
(B) vegetable goods, as such goods are defined in the
Harmonized System, harvested in the territory of Singa-
pore, the United States, or both;
(C) live animals born and raised in the territory of
Singapore, the United States, or both;
Records.
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117 STAT. 959
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(D) goods obtained from hunting, trapping, fishing,
or aquaculture conducted in the territory of Singapore,
the United States, or both;
(E) goods (fish, shellfish, and other marine life) taken
from the sea by vessels registered or recorded with Singa-
pore or the United States and flying the flag of that
country;
(F) goods produced exclusively from products referred
to in subparagraph (E) on board factory ships registered
or recorded with Singapore or the United States and flying
the flag of that country;
(G) goods taken by Singapore or the United States,
or a person of Singapore or the United States, from the
seabed or beneath the seabed outside territorial waters,
if Singapore or the United States has rights to exploit
such seabed;
(H) goods taken from outer space, if the goods are
obtained by Singapore or the United States or a person
of Singapore or the United States and not processed in
the territory of a country other than Singapore or the
United States;
(I) waste and scrap derived from—
(i) production in the territory of Singapore, the
United States, or both; or
(ii) used goods collected in the territory of Singa-
pore, the United States, or both, if such goods are
fit only for the recovery of raw materials;
(J) recovered goods derived in the territory of Singa-
pore, the United States, or both, from used goods; or
(K) goods produced in the territory of Singapore, the
United States, or both, exclusively—
(i) from goods referred to in any of subparagraphs
(A) through (I); or
(ii) from the derivatives of goods referred to in
clause (i).
(5) HARMONIZED SYSTEM.—The term ‘‘Harmonized System’’
means the Harmonized Commodity Description and Coding
System.
(6) INDIRECT
MATERIAL.—The term ‘‘indirect material’’
means a good used in the production, testing, or inspection
of a good but not physically incorporated into the good, or
a good used in the maintenance of buildings or the operation
of equipment associated with the production of a good,
including—
(A) fuel and energy;
(B) tools, dies, and molds;
(C) spare parts and materials used in the maintenance
of equipment or buildings;
(D) lubricants, greases, compounding materials, and
other materials used in production or used to operate equip-
ment or buildings;
(E) gloves, glasses, footwear, clothing, safety equip-
ment, and supplies;
(F) equipment, devices, and supplies used for testing
or inspecting the good;
(G) catalysts and solvents; and
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117 STAT. 960
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(H) any other goods that are not incorporated into
the good but the use of which in the production of the
good can reasonably be demonstrated to be a part of that
production.
(7) MATERIAL.—The term ‘‘material’’ means a good that
is used in the production of another good.
(8) MATERIAL THAT IS SELF-PRODUCED.—The term ‘‘material
that is self-produced’’ means a material, such as a part or
ingredient, produced by a producer of a good and used by
the producer in the production of another good.
(9) NONORIGINATING MATERIAL.—The term ‘‘nonoriginating
material’’ means a material that does not qualify as an origi-
nating good under the rules set out in this section.
(10) PREFERENTIAL TARIFF TREATMENT.—The term ‘‘pref-
erential tariff treatment’’ means the customs duty rate that
is applicable to an originating good pursuant to chapter 2
of the Agreement.
(11) PRODUCER.—The term ‘‘producer’’ means a person who
grows, raises, mines, harvests, fishes, traps, hunts, manufac-
tures, processes, assembles, or disassembles a good.
(12) PRODUCTION.—The term ‘‘production’’ means growing,
mining, harvesting, fishing, raising, trapping, hunting, manu-
facturing, processing, assembling, or disassembling a good.
(13) RECOVERED GOODS.—
(A) IN GENERAL.—The term ‘‘recovered goods’’ means
materials in the form of individual parts that are the
result of—
(i) the complete disassembly of used goods into
individual parts; and
(ii) the cleaning, inspecting, testing, or other proc-
essing of those parts as necessary for improvement
to sound working condition by one or more of the
processes described in subparagraph (B), in order for
such parts to be assembled with other parts, including
other parts that have undergone the processes
described in this paragraph, in the production of a
remanufactured good described in Annex 3C of the
Agreement.
(B) PROCESSES.—The processes referred to in subpara-
graph 
(A)(ii) 
are 
welding, 
flame 
spraying, 
surface
machining, knurling, plating, sleeving, and rewinding.
(14) REMANUFACTURED GOOD.—The term ‘‘remanufactured
good’’ means an industrial good assembled in the territory
of Singapore or the United States, that is listed in Annex
3C of the Agreement, and—
(A) is entirely or partially comprised of recovered goods;
(B) has the same life expectancy and meets the same
performance standards as a new good; and
(C) enjoys the same factory warranty as such a new
good.
(15) TERRITORY.—The term ‘‘territory’’ has the meaning
given that term in Annex 1A of the Agreement.
(16) USED.—The term ‘‘used’’ means used or consumed
in the production of goods.
(o) PRESIDENTIAL PROCLAMATION AUTHORITY.—
(1) IN GENERAL.—The President is authorized to proclaim,
as part of the HTS—
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117 STAT. 961
PUBLIC LAW 108–78—SEPT. 3, 2003
(A) the provisions set out in Annexes 3A, 3B, and
3C of the Agreement; and
(B) any additional subordinate category necessary to
carry out this title consistent with the Agreement.
(2) MODIFICATIONS.—
(A) IN GENERAL.—Subject to the consultation and lay-
over provisions of section 103(a), the President may pro-
claim modifications to the provisions proclaimed under the
authority of paragraph (1)(A), other than—
(i) the provisions of Annex 3B of the Agreement;
and
(ii) provisions of chapters 50 through 63 of the
HTS, as included in Annex 3A of the Agreement.
(B) 
ADDITIONAL
PROCLAMATIONS.—Notwithstanding
subparagraph (A), and subject to the consultation and lay-
over provisions of section 103(a), the President may
proclaim—
(i) modifications to the provisions proclaimed under
the authority of paragraph (1)(A) that are necessary
to implement an agreement with Singapore pursuant
to article 3.18.4(c) of the Agreement; and
(ii) before the 1st anniversary of the date of enact-
ment of this Act, modifications to correct any typo-
graphical, clerical, or other nonsubstantive technical
error regarding the provisions of chapters 50 through
63 of the HTS, as included in Annex 3A of the Agree-
ment.
SEC. 203. CUSTOMS USER FEES.
Section 13031(b) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(b)) is amended by inserting after
paragraph (12) the following:
‘‘(13) No fee may be charged under subsection (a) (9) or
(10) with respect to goods that qualify as originating goods
under section 202 of the United States-Singapore Free Trade
Agreement Implementation Act. Any service for which an
exemption from such fee is provided by reason of this paragraph
may not be funded with money contained in the Customs User
Fee Account.’’.
SEC. 204. DISCLOSURE OF INCORRECT INFORMATION.
Section 592(c) of the Tariff Act of 1930 (19 U.S.C. 1592(c))
is amended—
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new para-
graph:
‘‘(7) PRIOR
DISCLOSURE
REGARDING
CLAIMS
UNDER
THE
UNITED STATES-SINGAPORE FREE TRADE AGREEMENT.—
‘‘(A) An importer shall not be subject to penalties under
subsection (a) for making an incorrect claim that a good
qualifies as an originating good under section 202 of the
United 
States-Singapore 
Free 
Trade 
Agreement
Implementation Act if the importer, in accordance with
regulations issued by the Secretary of the Treasury, volun-
tarily and promptly makes a corrected declaration and
pays any duties owing.
‘‘(B) In the regulations referred to in subparagraph
(A), the Secretary of the Treasury is authorized to prescribe
Regulations.
19 USC 3805
note.
19 USC 3805
note.
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time periods for making a corrected declaration and paying
duties owing under subparagraph (A), if such periods are
not shorter than 1 year following the date on which the
importer makes the incorrect claim that a good qualifies
as an originating good.’’.
SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND
APPAREL GOODS.
(a) DENIAL OF PERMISSION TO CONDUCT SITE VISITS.—
(1) IN GENERAL.—Subject to paragraph (2), if the Secretary
of the Treasury proposes to conduct a site visit at an enterprise
registered under article 5.3 of the Agreement, and responsible
officials of the enterprise do not consent to the proposed visit,
the President may exclude from the customs territory of the
United States textile and apparel goods produced or exported
by that enterprise.
(2) TERMINATION OF EXCLUSION.—An exclusion of textile
and apparel goods produced or exported by an enterprise under
paragraph (1) shall terminate when the President determines
that the enterprise’s production of, and capability to produce,
the goods are consistent with statements by the enterprise
that textile or apparel goods the enterprise produces or has
produced are originating goods or products of Singapore, as
the case may be.
(b) KNOWING OR WILLFUL CIRCUMVENTION.—
(1) IN GENERAL.—If the President finds that an enterprise
of Singapore has knowingly or willfully engaged in circumven-
tion, the President may exclude from the customs territory
of the United States textile and apparel goods produced or
exported by the enterprise. An exclusion under this paragraph
may be imposed on the date beginning on the date a finding
of knowing or willful circumvention is made and shall be in
effect for a period not longer than the applicable period
described in paragraph (2).
(2) TIME PERIODS.—
(A) FIRST
FINDING.—With respect to a first finding
under paragraph (1), the applicable period is 6 months.
(B) SECOND FINDING.—With respect to a second finding
under paragraph (1), the applicable period is 2 years.
(C) THIRD
AND
SUBSEQUENT
FINDING.—With respect
to a third or subsequent finding under paragraph (1), the
applicable period is 2 years. If, at the time of a third
or subsequent finding, an exclusion is in effect as a result
of a previous finding, the 2-year period applicable to the
third or subsequent finding shall begin on the day after
the day on which the previous exclusion terminates.
(c) CERTAIN OTHER INSTANCES
OF CIRCUMVENTION.—If the
President consults with Singapore pursuant to article 5.8 of the
Agreement, the consultations fail to result in a mutually satisfactory
solution to the matters at issue, and the President presents to
Singapore clear evidence of circumvention under the Agreement,
the President may—
(1) deny preferential tariff treatment to the goods involved
in the circumvention; and
(2) deny preferential tariff treatment, for a period not to
exceed 4 years from the date on which consultations pursuant
to article 5.8 of the Agreement conclude, to—
19 USC 3805
note.
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(A) textile and apparel goods produced by the enter-
prise found to have engaged in the circumvention, including
any successor of such enterprise; and
(B) textile and apparel goods produced by any other
entity owned or operated by a principal of the enterprise,
if the principal also is a principal of the other entity.
(d) DEFINITIONS.—In this section:
(1) GENERAL
DEFINITIONS.—The terms ‘‘circumvention’’,
‘‘preferential tariff treatment’’, ‘‘principal’’, and ‘‘textile and
apparel goods’’ have the meanings given such terms in chapter
5 of the Agreement.
(2) ENTERPRISE.—The term ‘‘enterprise’’ has the meaning
given that term in article 1.2.3 of the Agreement.
SEC. 206. REGULATIONS.
The Secretary of the Treasury shall prescribe such regulations
as may be necessary to carry out—
(1) subsections (a) through (n) of section 202, and section
203;
(2) amendments made by the sections referred to in para-
graph (1); and
(3) proclamations issued under section 202(o).
TITLE III—RELIEF FROM IMPORTS
SEC. 301. DEFINITIONS.
In this title:
(1) COMMISSION.—The term ‘‘Commission’’ means the
United States International Trade Commission.
(2) SINGAPOREAN ARTICLE.—The term ‘‘Singaporean article’’
means an article that qualifies as an originating good under
section 202(a) of this Act.
(3) SINGAPOREAN TEXTILE OR APPAREL ARTICLE.—The term
‘‘Singaporean textile or apparel article’’ means an article—
(A) that is listed in the Annex to the Agreement on
Textiles and Clothing referred to in section 101(d)(4) of
the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4));
and
(B) that is a Singaporean article.
Subtitle A—Relief From Imports Benefiting
From the Agreement
SEC. 311. COMMENCING OF ACTION FOR RELIEF.
(a) FILING OF PETITION.—
(1) IN GENERAL.—A petition requesting action under this
subtitle for the purpose of adjusting to the obligations of the
United States under the Agreement may be filed with the
Commission by an entity, including a trade association, firm,
certified or recognized union, or group of workers, that is rep-
resentative of an industry. The Commission shall transmit
a copy of any petition filed under this subsection to the United
States Trade Representative.
(2) PROVISIONAL RELIEF.—An entity filing a petition under
this subsection may request that provisional relief be provided
Records.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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PUBLIC LAW 108–78—SEPT. 3, 2003
as if the petition had been filed under section 202(a) of the
Trade Act of 1974 (19 U.S.C. 2252(a)).
(3) CRITICAL CIRCUMSTANCES.—Any allegation that critical
circumstances exist shall be included in the petition.
(b) INVESTIGATION
AND DETERMINATION.—Upon the filing of
a petition under subsection (a), the Commission, unless subsection
(d) applies, shall promptly initiate an investigation to determine
whether, as a result of the reduction or elimination of a duty
provided for under the Agreement, a Singaporean article is being
imported into the United States in such increased quantities, in
absolute terms or relative to domestic production, and under such
conditions that imports of the Singaporean article constitute a
substantial cause of serious injury or threat thereof to the domestic
industry producing an article that is like, or directly competitive
with, the imported article.
(c) APPLICABLE PROVISIONS.—The following provisions of section
202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect
to any investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).
(2) Subsection (c).
(3) Subsection (d).
(4) Subsection (i).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation
may be initiated under this section with respect to any Singaporean
article if, after the date that the Agreement enters into force,
import relief has been provided with respect to that Singaporean
article under—
(1) this subtitle;
(2) subtitle B;
(3) chapter 1 of title II of the Trade Act of 1974;
(4) article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture referred to
in section 101(d)(2) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(2)).
SEC. 312. COMMISSION ACTION ON PETITION.
(a) DETERMINATION.—Not later than 120 days (180 days if
critical circumstances have been alleged) after the date on which
an investigation is initiated under section 311(b) with respect to
a petition, the Commission shall make the determination required
under that section.
(b) APPLICABLE PROVISIONS.—For purposes of this subtitle, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of the
Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be
applied with respect to determinations and findings made under
this section as if such determinations and findings were made
under section 202 of the Trade Act of 1974 (19 U.S.C. 2252).
(c) ADDITIONAL FINDING AND RECOMMENDATION IF DETERMINA-
TION AFFIRMATIVE.—If the determination made by the Commission
under subsection (a) with respect to imports of an article is affirma-
tive, or if the President may consider a determination of the
Commission to be an affirmative determination as provided for
under paragraph (1) of section 330(d) of the Tariff Act of 1930
(19 U.S.C. 1330(d)), the Commission shall find, and recommend
to the President in the report required under subsection (d), the
Deadline.
19 USC 3805
note.
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amount of import relief that is necessary to remedy or prevent
the injury found by the Commission in the determination and
to facilitate the efforts of the domestic industry to make a positive
adjustment to import competition. The import relief recommended
by the Commission under this subsection shall be limited to the
relief described in section 313(c). Only those members of the
Commission who voted in the affirmative under subsection (a) are
eligible to vote on the proposed action to remedy or prevent the
injury found by the Commission. Members of the Commission who
did not vote in the affirmative may submit, in the report required
under subsection (d), separate views regarding what action, if any,
should be taken to remedy or prevent the injury.
(d) REPORT TO PRESIDENT.—Not later than the date that is
30 days after the date on which a determination is made under
subsection (a) with respect to an investigation, the Commission
shall submit to the President a report that includes—
(1) the determination made under subsection (a) and an
explanation of the basis for the determination;
(2) if the determination under subsection (a) is affirmative,
any findings and recommendations for import relief made under
subsection (c) and an explanation of the basis for each rec-
ommendation; and
(3) any dissenting or separate views by members of the
Commission regarding the determination and recommendation
referred to in paragraphs (1) and (2).
(e) PUBLIC NOTICE.—Upon submitting a report to the President
under subsection (d), the Commission shall promptly make public
such report (with the exception of information which the Commis-
sion determines to be confidential) and shall cause a summary
thereof to be published in the Federal Register.
SEC. 313. PROVISION OF RELIEF.
(a) IN GENERAL.—Not later than the date that is 30 days
after the date on which the President receives the report of the
Commission in which the Commission’s determination under section
312(a) is affirmative, or which contains a determination under
section 312(a) that the President considers to be affirmative under
paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C.
1330(d)(1)), the President, subject to subsection (b), shall provide
relief from imports of the article that is the subject of such deter-
mination to the extent that the President determines necessary
to remedy or prevent the injury found by the Commission and
to facilitate the efforts of the domestic industry to make a positive
adjustment to import competition.
(b) EXCEPTION.—The President is not required to provide import
relief under this section if the President determines that the provi-
sion of the import relief will not provide greater economic and
social benefits than costs.
(c) NATURE OF RELIEF.—
(1) IN GENERAL.—The import relief (including provisional
relief) that the President is authorized to provide under this
section with respect to imports of an article is as follows:
(A) The suspension of any further reduction provided
for under Annex 2B of the Agreement in the duty imposed
on such article.
(B) An increase in the rate of duty imposed on such
article to a level that does not exceed the lesser of—
Deadline.
President.
19 USC 3805
note.
Federal Register,
publication.
Deadline.
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(i) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before the
date on which the Agreement enters into force.
(C) In the case of a duty applied on a seasonal basis
to such article, an increase in the rate of duty imposed
on the article to a level that does not exceed the lesser
of—
(i) the column 1 general rate of duty imposed under
the HTS on like articles for the immediately preceding
corresponding season; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before the
date on which the Agreement enters into force.
(2) PROGRESSIVE LIBERALIZATION.—If the period for which
import relief is provided under this section is greater than
1 year, the President shall provide for the progressive liberaliza-
tion (described in article 7.28 of the Agreement) of such relief
at regular intervals during the period of its application.
(d) PERIOD OF RELIEF.—
(1) IN GENERAL.—Subject to paragraph (2), the import relief
that the President is authorized to provide under this section
may not exceed 2 years.
(2) EXTENSION.—
(A) IN
GENERAL.—Subject to subparagraph (C), the
President, after receiving an affirmative determination
from the Commission under subparagraph (B), may extend
the effective period of any import relief provided under
this section if the President determines that—
(i) the import relief continues to be necessary to
prevent or remedy serious injury and to facilitate
adjustment; and
(ii) there is evidence that the industry is making
a positive adjustment to import competition.
(B) ACTION BY COMMISSION.—
(i) Upon a petition on behalf of the industry con-
cerned, filed with the Commission not earlier than
the date which is 9 months, and not later than the
date which is 6 months, before the date on which
any action taken under subsection (a) is to terminate,
the Commission shall conduct an investigation to deter-
mine whether action under this section continues to
be necessary to remedy or prevent serious injury and
whether there is evidence that the industry is making
a positive adjustment to import competition.
(ii) The Commission shall publish notice of the
commencement of any proceeding under this subpara-
graph in the Federal Register and shall, within a
reasonable time thereafter, hold a public hearing at
which the Commission shall afford interested parties
and consumers an opportunity to be present, to present
evidence, and to respond to the presentations of other
parties and consumers, and otherwise to be heard.
(iii) The Commission shall transmit to the Presi-
dent a report on its investigation and determination
Reports.
Deadline.
Notice.
Federal Register,
publication.
President.
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under this subparagraph not later than 60 days before
the action under subsection (a) is to terminate, unless
the President specifies a different date.
(C) PERIOD OF IMPORT RELIEF.—The effective period
of any import relief imposed under this section, including
any extensions thereof, may not, in the aggregate, exceed
4 years.
(e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import
relief under this section is terminated with respect to an article,
the rate of duty on that article shall be the rate that would have
been in effect, but for the provision of such relief, on the date
the relief terminates.
(f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be
provided under this section on any article that has been subject
to import relief, after the entry into force of the Agreement, under—
(1) this subtitle;
(2) subtitle B;
(3) chapter 1 of title II of the Trade Act of 1974;
(4) article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture referred to
in section 101(d)(2) of the Uruguay Round Agreements Act
(19 U.S.C. 3511(d)(2)).
SEC. 314. TERMINATION OF RELIEF AUTHORITY.
(a) GENERAL RULE.—No import relief may be provided under
this subtitle after the date that is 10 years after the date on
which the Agreement enters into force.
(b) EXCEPTION.—Import relief may be provided under this sub-
title in the case of a Singaporean article after the date on which
such relief would, but for this subsection, terminate under sub-
section (a), if the President determines that Singapore has con-
sented to such relief.
SEC. 315. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19
U.S.C. 2133), any import relief provided by the President under
section 313 shall be treated as action taken under chapter 1 of
title II of such Act.
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8))
is amended in the first sentence—
(1) by striking ‘‘and’’; and
(2) by inserting before the period at the end ‘‘, and title
III of the United States-Singapore Free Trade Agreement
Implementation Act’’.
Subtitle B—Textile and Apparel Safeguard
Measures
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
(a) IN GENERAL.—A request under this subtitle for the purpose
of adjusting to the obligations of the United States under the
Agreement may be filed with the President by an interested party.
President.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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Upon the filing of a request, the President shall review the request
to determine, from information presented in the request, whether
to commence consideration of the request.
(b) PUBLICATION OF REQUEST.—If the President determines that
the request under subsection (a) provides the information necessary
for the request to be considered, the President shall cause to be
published in the Federal Register a notice of commencement of
consideration of the request, and notice seeking public comments
regarding the request. The notice shall include the request and
the dates by which comments and rebuttals must be received.
SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
(a) DETERMINATION.—
(1) IN
GENERAL.—Pursuant to a request made by an
interested party, the President shall determine whether, as
a result of the reduction or elimination of a duty under the
Agreement, a Singaporean textile or apparel article is being
imported into the United States in such increased quantities,
in absolute terms or relative to the domestic market for that
article, and under such conditions that imports of the article
constitute a substantial cause of serious damage, or actual
threat thereof, to a domestic industry producing an article
that is like, or directly competitive with, the imported article.
(2) SERIOUS DAMAGE.—In making a determination under
paragraph (1), the President—
(A) shall examine the effect of increased imports on
the domestic industry, as reflected in changes in such rel-
evant economic factors as output, productivity, utilization
of capacity, inventories, market share, exports, wages,
employment, domestic prices, profits, and investment, none
of which is necessarily decisive; and
(B) shall not consider changes in technology or con-
sumer preference as factors supporting a determination
of serious damage or actual threat thereof.
(3) SUBSTANTIAL CAUSE.—For purposes of this subsection,
the term ‘‘substantial cause’’ means a cause that is important
and not less than any other cause.
(b) PROVISION OF RELIEF.—
(1) IN GENERAL.—If a determination under subsection (a)
is affirmative, the President may provide relief from imports
of the article that is the subject of such determination, as
described in paragraph (2), to the extent that the President
determines necessary to remedy or prevent the serious damage
and to facilitate adjustment by the domestic industry.
(2) NATURE OF RELIEF.—The relief that the President is
authorized to provide under this subsection with respect to
imports of an article is—
(A) the suspension of any further reduction provided
for under Annex 2B of the Agreement in the duty imposed
on the article; or
(B) an increase in the rate of duty imposed on the
article to a level that does not exceed the lesser of—
(i) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided; or
President.
19 USC 3805
note.
Federal Register,
publication.
Notice.
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(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before the
date on which the Agreement enters into force.
SEC. 323. PERIOD OF RELIEF.
(a) IN GENERAL.—Subject to subsection (b), the import relief
that the President is authorized to provide under section 322 may
not exceed 2 years.
(b) EXTENSION.—
(1) IN GENERAL.—Subject to paragraph (2), the President
may extend the effective period of any import relief provided
under this subtitle if the President determines that—
(A) the import relief continues to be necessary to
remedy or prevent serious damage and to facilitate adjust-
ment; and
(B) there is evidence that the industry is making a
positive adjustment to import competition.
(2) LIMITATION.—The effective period of any action under
this subtitle, including any extensions thereof, may not, in
the aggregate, exceed 4 years.
SEC. 324. ARTICLES EXEMPT FROM RELIEF.
The President may not provide import relief under this subtitle
with respect to any article if import relief previously has been
provided under this subtitle with respect to that article.
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
When import relief under this subtitle is terminated with
respect to an article, the rate of duty on that article shall be
the rate that would have been in effect, but for the provision
of such relief, on the date the relief terminates.
SEC. 326. TERMINATION OF RELIEF AUTHORITY.
No import relief may be provided under this subtitle with
respect to an article after the date that is 10 years after the
date on which the provisions of the Agreement relating to trade
in textile and apparel goods take effect pursuant to article 5.10
of the Agreement.
SEC. 327. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19
U.S.C. 2133), any import relief provided by the President under
this subtitle shall be treated as action taken under chapter 1
of title II of such Act.
SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
The President may not release information which the President
considers to be confidential business information unless the party
submitting the confidential business information had notice, at
the time of submission, that such information would be released
by the President, or such party subsequently consents to the release
of the information. To the extent business confidential information
is provided, a nonconfidential version of the information shall also
be provided, in which the business confidential information is sum-
marized or, if necessary, deleted.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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Subtitle C—Cases Under Title II of the
Trade Act of 1974
SEC. 331. FINDINGS AND ACTION ON GOODS FROM SINGAPORE.
(a) EFFECT OF IMPORTS.—If, in any investigation initiated under
chapter 1 of title II of the Trade Act of 1974, the Commission
makes an affirmative determination (or a determination which the
President may treat as an affirmative determination under such
chapter by reason of section 330(d) of the Tariff Act of 1930),
the Commission shall also find (and report to the President at
the time such injury determination is submitted to the President)
whether imports of the article from Singapore are a substantial
cause of serious injury or threat thereof.
(b) PRESIDENTIAL DETERMINATION REGARDING SINGAPOREAN
IMPORTS.—In determining the nature and extent of action to be
taken under chapter 1 of title II of the Trade Act of 1974, the
President shall determine whether imports from Singapore are
a substantial cause of the serious injury or threat thereof found
by the Commission and, if such determination is in the negative,
may exclude from such action imports from Singapore.
TITLE IV—TEMPORARY ENTRY OF
BUSINESS PERSONS
SEC. 401. NONIMMIGRANT TRADERS AND INVESTORS.
Upon a basis of reciprocity secured by the Agreement, an alien
who is a national of Singapore (and any spouse or child (as defined
in section 101(b)(1) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1))) of such alien, if accompanying or following to
join the alien) may, if otherwise eligible for a visa and if otherwise
admissible into the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifi-
able as a nonimmigrant under section 101(a)(15)(E) of such Act
(8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified
in clause (i) or (ii) of such section 101(a)(15)(E). For purposes
of this section, the term ‘‘national’’ has the meaning given such
term in Annex 1A of the Agreement.
SEC. 402. NONIMMIGRANT PROFESSIONALS.
Section 214(g)(8) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(8)) is amended—
(1) by amending subparagraph (A) to read as follows:
‘‘(8)(A) 
The 
agreements 
referred 
to 
in 
section
101(a)(15)(H)(i)(b1) are—
‘‘(i) the United States-Chile Free Trade Agreement; and
‘‘(ii) the United States-Singapore Free Trade Agreement.’’;
and
(2) by amending subparagraph (B)(ii) to read as follows:
‘‘(ii) The annual numerical limitations described in clause (i)
shall not exceed—
‘‘(I) 1,400 for nationals of Chile (as defined in article 14.9
of the United States-Chile Free Trade Agreement) for any fiscal
year; and
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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PUBLIC LAW 108–78—SEPT. 3, 2003
LEGISLATIVE HISTORY—H.R. 2739 (S. 1417):
HOUSE REPORTS: No. 108–225, Pt. 1 (Comm. on Ways and Means) and Pt. 2
(Comm. on the Judiciary).
SENATE REPORTS: No. 108–117 accompanying S. 1417 (jointly from Comm. on Fi-
nance and Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 24, considered and passed House.
July 31, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 3, Presidential remarks.
‘‘(II) 5,400 for nationals of Singapore (as defined in Annex
1A of the United States-Singapore Free Trade Agreement) for
any fiscal year.’’.
Approved September 3, 2003.
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