United States-Chile Free Trade Agreement Implementation Act
PL 108-77 (H.R.2738), enacted 09/03/2003

117 STAT. 909
PUBLIC LAW 108–77—SEPT. 3, 2003
Public Law 108–77
108th Congress
An Act
To implement the United States-Chile 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-
Chile 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 claims.
Sec. 107. Effective dates; effect of termination.
TITLE II—CUSTOMS PROVISIONS
Sec. 201. Tariff modifications.
Sec. 202. Rules of origin.
Sec. 203. Drawback.
Sec. 204. Customs user fees.
Sec. 205. Disclosure of incorrect information; denial of preferential tariff treatment;
false certificates of origin.
Sec. 206. Reliquidation of entries.
Sec. 207. Recordkeeping requirements.
Sec. 208. Enforcement of textile and apparel rules of origin.
Sec. 209. Conforming amendments.
Sec. 210. 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.
United States-
Chile Free Trade
Agreement
Implementation
Act.
19 USC 3805
note.
Sept. 3, 2003
[H.R. 2738]
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117 STAT. 910
PUBLIC LAW 108–77—SEPT. 3, 2003
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.
Sec. 327. Compensation authority.
Sec. 328. Business confidential information.
TITLE IV—TEMPORARY ENTRY OF BUSINESS PERSONS
Sec. 401. Nonimmigrant traders and investors.
Sec. 402. Nonimmigrant professionals; labor attestation.
Sec. 403. Labor disputes.
Sec. 404. Conforming amendments.
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 Chile entered
into under the authority of section 2103(b) of the Bipartisan
Trade Promotion Authority Act of 2002;
(2) to strengthen and develop economic relations between
the United States and Chile 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-Chile Free Trade Agreement approved by the Congress
under section 101(a)(1).
(2) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff
Schedule of the United States.
(3) TEXTILE
OR
APPAREL
GOOD.—The term ‘‘textile or
apparel good’’ means a good listed in the Annex to the Agree-
ment on Textiles and Clothing referred to in section 101(d)(4)
of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)).
TITLE I—APPROVAL OF, AND GENERAL
PROVISIONS 
RELATING 
TO, 
THE
AGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) APPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRA-
TIVE ACTION.—Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section
151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress
approves—
(1) the United States-Chile Free Trade Agreement entered
into on June 6, 2003, with the Government of Chile and sub-
mitted to the Congress on July 15, 2003; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to the Congress
on July 15, 2003.
(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.—
At such time as the President determines that Chile has taken
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 911
PUBLIC LAW 108–77—SEPT. 3, 2003
measures necessary to bring it into compliance with the 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 Chile providing for the entry into
force, on or after January 1, 2004, of the Agreement for the United
States.
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES
AND STATE LAW.
(a) RELATIONSHIP 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 (19 U.S.C.
2155); and
(B) the United States International Trade Commission;
President.
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 912
PUBLIC LAW 108–77—SEPT. 3, 2003
(2) the President has submitted a report to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate 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 set forth in paragraphs (1)
and (2) have been met has expired; and
(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
contained 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 referred to in section 101(a)(2) to implement the Agreement
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 22 of the
Agreement. The office may not be considered to be an agency
for purposes of section 552 of title 5, United States Code.
19 USC 3805
note.
Deadlines.
19 USC 3805
note.
Federal Register,
publication.
Reports.
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117 STAT. 913
PUBLIC LAW 108–77—SEPT. 3, 2003
(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 22 of the Agreement.
SEC. 106. ARBITRATION OF CLAIMS.
(a) SUBMISSION
OF CERTAIN CLAIMS.—The United States is
authorized to resolve any claim against the United States covered
by article 10.15(1)(a)(i)(C) or 10.15(1)(b)(i)(C) of the Agreement,
pursuant to the Investor-State Dispute Settlement procedures set
forth in section B of chapter 10 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.—Sections 1 through 3 and this title take effect
on the date of the enactment of this Act.
(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.—
(1) 
PROCLAMATION
AUTHORITY.—The 
President 
may
proclaim—
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise treatment,
or
(C) such additional duties,
as the President determines to be necessary or appropriate
to carry out or apply articles 3.3, 3.7, 3.9, article 3.20 (8),
(9), (10), and (11), and Annex 3.3 of the Agreement.
(2) EFFECT ON CHILEAN GSP STATUS.—Notwithstanding sec-
tion 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)),
the President shall terminate the designation of Chile as a
beneficiary developing country for purposes of title V of the
Trade Act of 1974 on the date of entry into force of the Agree-
ment.
(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 Chile regarding the staging of any duty treatment
set forth in Annex 3.3 of the Agreement,
(3) such continuation of duty-free or excise treatment, or
(4) such additional duties,
President.
Termination
date.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 914
PUBLIC LAW 108–77—SEPT. 3, 2003
as the President determines to be necessary or appropriate to
maintain the general level of reciprocal and mutually advantageous
concessions with respect to Chile provided for by the Agreement.
(c) 
ADDITIONAL
TARIFFS
ON
AGRICULTURAL
SAFEGUARD
GOODS.—
(1) IN GENERAL.—In addition to any duty proclaimed under
subsection (a) or (b), and subject to paragraphs (3) through
(5), the Secretary of the Treasury shall assess a duty, in the
amount prescribed under paragraph (2), on an agricultural
safeguard good if the Secretary of the Treasury determines
that the unit import price of the good when it enters the
United States, determined on an F.O.B. basis, is less than
the trigger price indicated for that good in Annex 3.18 of
the Agreement or any amendment thereto.
(2) CALCULATION
OF
ADDITIONAL
DUTY.—The amount of
the additional duty assessed under this subsection shall be
determined as follows:
(A) If the difference between the unit import price
and the trigger price is less than, or equal to, 10 percent
of the trigger price, no additional duty shall be imposed.
(B) If the difference between the unit import price
and the trigger price is greater than 10 percent, but less
than or equal to 40 percent, of the trigger price, the addi-
tional duty shall be equal to 30 percent of the difference
between the preferential tariff rate and the column 1 gen-
eral rate of duty imposed under the HTS on like articles
at the time the additional duty is imposed.
(C) If the difference between the unit import price
and the trigger price is greater than 40 percent, but less
than or equal to 60 percent, of the trigger price, the addi-
tional duty shall be equal to 50 percent of the difference
between the preferential tariff rate and the column 1 gen-
eral rate of duty imposed under the HTS on like articles
at the time the additional duty is imposed.
(D) If the difference between the unit import price
and the trigger price is greater than 60 percent, but less
than or equal to 75 percent, of the trigger price, the addi-
tional duty shall be equal to 70 percent of the difference
between the preferential tariff rate and the column 1 gen-
eral rate of duty imposed under the HTS on like articles
at the time the additional duty is imposed.
(E) If the difference between the unit import price
and the trigger price is greater than 75 percent of the
trigger price, the additional duty shall be equal to 100
percent of the difference between the preferential tariff
rate and the column 1 general rate of duty imposed under
the HTS on like articles at the time the additional duty
is imposed.
(3) EXCEPTIONS.—No additional duty under this subsection
shall be assessed on an agricultural safeguard good if, at the
time of entry, the good is subject to import relief under—
(A) subtitle A of title III of this Act; or
(B) chapter 1 of title II of the Trade Act of 1974
(19 U.S.C. 2251 et seq.).
(4) TERMINATION.—This subsection shall cease to apply
on the date that is 12 years after the date on which the
Agreement enters into force.
Applicability.
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117 STAT. 915
PUBLIC LAW 108–77—SEPT. 3, 2003
(5) TARIFF-RATE QUOTAS.—If an agricultural safeguard good
is subject to a tariff-rate quota, and the in-quota duty rate
for the good proclaimed pursuant to subsection (a) or (b) is
zero, any additional duty assessed under this subsection shall
be applied only to over-quota imports of the good.
(6) NOTICE.—Not later than 60 days after the Secretary
of the Treasury first assesses additional duties on an agricul-
tural safeguard good under this subsection, the Secretary shall
notify the Government of Chile in writing of such action and
shall provide to the Government of Chile data supporting the
assessment of additional duties.
(7) MODIFICATION OF TRIGGER PRICES.—Not later than 60
calendar days before agreeing with the Government of Chile
pursuant to article 3.18(2)(b) of the Agreement on a modification
to a trigger price for a good listed in Annex 3.18 of the Agree-
ment, the President shall notify the Committees on Ways and
Means and Agriculture of the House of Representatives and
the Committees on Finance and Agriculture of the Senate of
the proposed modification and the reasons therefor.
(8) DEFINITIONS.—In this subsection:
(A) AGRICULTURAL SAFEGUARD GOOD.—The term ‘‘agri-
cultural safeguard good’’ means a good—
(i) that qualifies as an originating good under sec-
tion 202;
(ii) that is included in the United States Agricul-
tural Safeguard Product List set forth in Annex 3.18
of the Agreement; and
(iii) for which a claim for preferential tariff treat-
ment under the Agreement has been made.
(B) F.O.B.—The term ‘‘F.O.B.’’ means free on board,
regardless of the mode of transportation, at the point of
direct shipment by the seller to the buyer.
(C) UNIT IMPORT PRICE.—The term ‘‘unit import price’’
means the price expressed in dollars per kilogram.
(d) 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 to Annex 3.3 of the
Agreement is a specific or compound rate of duty, the President
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.—
(1) IN GENERAL.—For purposes of this Act and for purposes
of implementing the tariff treatment provided for under the
Agreement, except as otherwise provided in this section, a
good is an originating good if—
(A) the good is wholly obtained or produced entirely
in the territory of Chile, the United States, or both;
(B) the good—
(i) is produced entirely in the territory of Chile,
the United States, or both, and
(I) each of the nonoriginating materials used
in the production of the good undergoes an
applicable change in tariff classification specified
in Annex 4.1 of the Agreement, or
19 USC 3805
note.
Deadline.
President.
Deadline.
Applicability.
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117 STAT. 916
PUBLIC LAW 108–77—SEPT. 3, 2003
(II) the good otherwise satisfies any applicable
regional value-content or other requirements speci-
fied in Annex 4.1 of the Agreement; and
(ii) satisfies all other applicable requirements of
this section; or
(C) the good is produced entirely in the territory of
Chile, the United States, or both, exclusively from materials
described in subparagraph (A) or (B).
(2) SIMPLE COMBINATION OR MERE DILUTION.—A good shall
not be considered to be an originating good and a material
shall not be considered to be an originating material by virtue
of having undergone—
(A) simple combining or packaging operations; or
(B) mere dilution with water or another substance
that does not materially alter the characteristics of the
good or material.
(b) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.—
(1) IN
GENERAL.—Except as provided in paragraphs (2)
and (3), a good that does not undergo a change in tariff classi-
fication pursuant to Annex 4.1 of the Agreement is an origi-
nating good if—
(A) the value of all nonoriginating materials that are
used in the production of the good and do not undergo
the applicable change in tariff classification does not exceed
10 percent of the adjusted value of the good;
(B) the value of such nonoriginating materials is
included in the value of nonoriginating materials for any
applicable regional value-content requirement; and
(C) the good meets 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 a nonoriginating dairy preparation con-
taining over 10 percent by weight of milk solids provided
for in subheading 1901.90 or 2106.90 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 nonoriginating dairy preparations con-
taining over 10 percent by weight of milk solids provided
for in subheading 1901.90 of the HTS, that are used in
the production of the following goods:
(i) Infant preparations containing over 10 percent
in weight of milk solids provided for in subheading
1901.10 of the HTS.
(ii) Mixes and doughs, containing over 25 percent
by weight of butterfat, not put up for retail sale, pro-
vided for in subheading 1901.20 of the HTS.
(iii) Dairy preparations containing over 10 percent
by weight of milk solids provided for in subheading
1901.90 or 2106.90 of the HTS.
(iv) Goods provided for in heading 2105 of the
HTS.
(v) Beverages containing milk provided for in sub-
heading 2202.90 of the HTS.
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117 STAT. 917
PUBLIC LAW 108–77—SEPT. 3, 2003
(vi) Animal feeds containing over 10 percent by
weight of milk solids provided for in subheading
2309.90 of the HTS.
(C) A nonoriginating material provided for in heading
0805 of the HTS, or any of subheadings 2009.11.00 through
2009.39 of the HTS, that is used in the production of
a good provided for in any of subheadings 2009.11.00
through 2009.39 of the HTS, or in fruit or vegetable juice
of any single fruit or vegetable, fortified with minerals
or vitamins, concentrated or unconcentrated, provided for
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 in heading 1805.00.00 of the HTS that
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 4.1 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.—A textile
or apparel good containing elastomeric yarns in the compo-
nent of the good that determines the tariff classification
of the good shall be considered to be an originating good
only if such yarns are wholly formed in the territory of
Chile or the United States.
(c) ACCUMULATION.—
(1) ORIGINATING GOODS INCORPORATED IN GOODS OF OTHER
COUNTRY.—Originating goods or materials of Chile or the
United States that are incorporated into a good in the territory
of the other country shall be considered to originate in the
territory of the other country.
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117 STAT. 918
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(2) MULTIPLE PROCEDURES.—A good that is produced in
the territory of Chile, 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 4.1 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 4.1 of the Agreement.
(2) BUILD-DOWN METHOD.—
(A) IN GENERAL.—The regional value-content of a good
may be calculated on the basis of the following build-
down method:
RVC =
AV - VNM
× 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 used by the producer in the produc-
tion 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:
RVC =
VOM
× 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 used by the producer in the produc-
tion 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 that is imported by the
producer of the good, the adjusted value of the material
with respect to that importation;
(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 producer’s price actu-
ally paid or payable for the material;
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(C) in the case of a material provided to the producer
without charge, or at a price reflecting a discount or similar
reduction, the sum of—
(i) all expenses incurred in the growth, production,
or manufacture of the material, including general
expenses; and
(ii) an amount for profit; or
(D) in the case of a material that is self-produced,
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:
(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 Chile, 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 byproduct.
(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 Chile, 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 byproducts.
(iv) The cost of originating materials used in the
production of the nonoriginating material in the terri-
tory of Chile or the United States.
(f) ACCESSORIES, SPARE PARTS, OR TOOLS.—Accessories, spare
parts, or tools delivered with a good that form part of the good’s
standard accessories, spare parts, or tools shall be regarded as
a material used in the production of the good, if—
(1) the accessories, spare parts, or tools are classified with
and not invoiced separately from the good; and
(2) the quantities and value of the accessories, spare parts,
or tools are customary for the good.
(g) FUNGIBLE GOODS AND MATERIALS.—
(1) IN GENERAL.—
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(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 Chile 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 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 nonoriginating materials used in the
production of the good undergo the applicable change in tariff
classification set out in Annex 4.1 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 for shipment shall be disregarded
in determining whether—
(1) the nonoriginating materials used in the production
of the good undergo an applicable change in tariff classification
set out in Annex 4.1 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.
(k) TRANSIT AND TRANSSHIPMENT.—A good that has undergone
production necessary to qualify as an originating good under sub-
section (a) shall not be considered to be an originating good if,
subsequent to that production, the good undergoes further produc-
tion or any other operation outside the territory of Chile or the
United States, other than unloading, reloading, or any other process
necessary to preserve the good in good condition or to transport
the good to the territory of Chile or the United States.
(l) TEXTILE AND APPAREL GOODS CLASSIFIABLE AS GOODS PUT
UP IN SETS.—Notwithstanding the rules set forth in Annex 4.1
of the Agreement, textile and apparel goods classifiable as goods
put up in sets for retail sale as provided for in General Rule
of Interpretation 3 of the Harmonized System shall not be consid-
ered to be originating goods unless each of the goods in the set
is an originating good or the total value of the nonoriginating
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PUBLIC LAW 108–77—SEPT. 3, 2003
goods in the set does not exceed 10 percent of the value of the
set determined for purposes of assessing customs duties.
(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 Chile
or the United States).
(n) DEFINITIONS.—In this section:
(1) ADJUSTED VALUE.—The term ‘‘adjusted value’’ means
the value determined in accordance with articles 1 through
8, article 15, and the corresponding interpretive 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 merchan-
dise from the country of exportation to the place of importation.
(2) FUNGIBLE GOODS OR 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 prin-
ciples, rules, and procedures, including both broad and specific
guidelines, that define the accounting practices accepted in
the territory of Chile or the United States, as the case may
be.
(4) GOODS WHOLLY OBTAINED OR PRODUCED ENTIRELY IN
THE TERRITORY OF CHILE, THE UNITED STATES, OR BOTH.—The
term ‘‘goods wholly obtained or produced entirely in the terri-
tory of Chile, the United States, or both’’ means—
(A) mineral goods extracted in the territory of Chile,
the United States, or both;
(B) vegetable goods, as such goods are defined in the
Harmonized System, harvested in the territory of Chile,
the United States, or both;
(C) live animals born and raised in the territory of
Chile, the United States, or both;
(D) goods obtained from hunting, trapping, or fishing
in the territory of Chile, the United States, or both;
(E) goods (fish, shellfish, and other marine life) taken
from the sea by vessels registered or recorded with Chile
or the United States and flying the flag of that country;
(F) goods produced on board factory ships from the
goods referred to in subparagraph (E), if such factory ships
are registered or recorded with Chile or the United States
and fly the flag of that country;
(G) goods taken by Chile or the United States or a
person of Chile or the United States from the seabed or
beneath the seabed outside territorial waters, if Chile or
the United States has rights to exploit such seabed;
(H) goods taken from outer space, if the goods are
obtained by Chile or the United States or a person of
Records.
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Chile or the United States and not processed in the terri-
tory of a country other than Chile or the United States;
(I) waste and scrap derived from—
(i) production in the territory of Chile, the United
States, or both; or
(ii) used goods collected in the territory of Chile,
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 Chile
or the United States from used goods, and used in the
territory of that country in the production of remanufac-
tured goods; and
(K) goods produced in the territory of Chile, 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),
at any stage of production.
(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
(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, including a part,
ingredient, or indirect material.
(8) MATERIAL THAT IS SELF-PRODUCED.—The term ‘‘material
that is self-produced’’ means a material that is an originating
good produced by a producer of a good and used in the produc-
tion of that good.
(9) NONORIGINATING GOOD OR NONORIGINATING MATERIAL.—
The terms ‘‘nonoriginating good’’ and ‘‘nonoriginating material’’
mean a good or material, as the case may be, that does not
qualify as an originating good under this section.
(10) PACKING MATERIALS AND CONTAINERS FOR SHIPMENT.—
The term ‘‘packing materials and containers for shipment’’
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117 STAT. 923
PUBLIC LAW 108–77—SEPT. 3, 2003
means the goods used to protect a good during its transpor-
tation, and does not include the packaging materials and con-
tainers in which a good is packaged for retail sale.
(11) PREFERENTIAL TARIFF TREATMENT.—The term ‘‘pref-
erential tariff treatment’’ means the customs duty rate that
is applicable to an originating good pursuant to chapter 3
of the Agreement.
(12) PRODUCER.—The term ‘‘producer’’ means a person who
engages in the production of a good in the territory of Chile
or the United States.
(13) PRODUCTION.—The term ‘‘production’’ means growing,
mining, harvesting, fishing, raising, trapping, hunting, manu-
facturing, processing, assembling, or disassembling a good.
(14) 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.
(B) PROCESSES.—The processes referred to in subpara-
graph 
(A)(ii) 
are 
welding, 
flame 
spraying, 
surface
machining, knurling, plating, sleeving, and rewinding.
(15) REMANUFACTURED GOOD.—The term ‘‘remanufactured
good’’ means an industrial good assembled in the territory
of Chile or the United States, that is listed in Annex 4.18
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.
(o) PRESIDENTIAL PROCLAMATION AUTHORITY.—
(1) IN GENERAL.—The President is authorized to proclaim,
as part of the HTS—
(A) the provisions set out in Annex 4.1 of the Agree-
ment; 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 provisions of chap-
ters 50 through 63 of the HTS, as included in Annex
4.1 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—
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(i) modifications to the provisions proclaimed under
the authority of paragraph (1)(A) that are necessary
to implement an agreement with Chile pursuant to
article 3.20(5) of the Agreement; and
(ii) before the 1st anniversary of the date of the
enactment of this Act, modifications to correct any
typographical, clerical, or other nonsubstantive tech-
nical error regarding the provisions of chapters 50
through 63 of the HTS, as included in Annex 4.1 of
the Agreement.
SEC. 203. DRAWBACK.
(a) DEFINITION OF A GOOD SUBJECT TO CHILE FTA DRAWBACK.—
For purposes of this Act and the amendments made by subsection
(b), the term ‘‘good subject to Chile FTA drawback’’ means any
imported good other than the following:
(1) A good entered under bond for transportation and expor-
tation to Chile.
(2)(A) A good exported to Chile in the same condition
as when imported into the United States.
(B) For purposes of subparagraph (A)—
(i) processes such as testing, cleaning, repacking,
inspecting, sorting, or marking a good, or preserving it
in its same condition, shall not be considered to change
the condition of the good; and
(ii) if a good described in subparagraph (A) is commin-
gled with fungible goods and exported in the same condi-
tion, the origin of the good for the purposes of subsection
(j)(1) of section 313 of the Tariff Act of 1930 (19 U.S.C.
1313(j)(1)) may be determined on the basis of the inventory
methods provided for in the regulations implementing this
title.
(3) A good—
(A) that is—
(i) deemed to be exported from the United States;
(ii) used as a material in the production of another
good that is deemed to be exported to Chile; or
(iii) substituted for by a good of the same kind
and quality that is used as a material in the production
of another good that is deemed to be exported to Chile;
and
(B) that is delivered—
(i) to a duty-free shop;
(ii) for ship’s stores or supplies for a ship or air-
craft; or
(iii) for use in a project undertaken jointly by
the United States and Chile and destined to become
the property of the United States.
(4) A good exported to Chile for which a refund of customs
duties is granted by reason of—
(A) the failure of the good to conform to sample or
specification; or
(B) the shipment of the good without the consent of
the consignee.
(5) A good that qualifies under the rules of origin set
out in section 202 that is—
(A) exported to Chile;
19 USC 3805
note.
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(B) used as a material in the production of another
good that is exported to Chile; or
(C) substituted for by a good of the same kind and
quality that is used as a material in the production of
another good that is exported to Chile.
(b) CONSEQUENTIAL AMENDMENTS.—
(1) BONDED MANUFACTURING WAREHOUSES.—Section 311 of
the Tariff Act of 1930 (19 U.S.C. 1311) is amended by adding
at the end the following new paragraph:
‘‘No article manufactured in a bonded warehouse from materials
that are goods subject to Chile FTA drawback, as defined in section
203(a) 
of 
the 
United 
States-Chile 
Free 
Trade 
Agreement
Implementation Act, may be withdrawn from warehouse for expor-
tation to Chile without assessment of a duty on the materials
in their condition and quantity, and at their weight, at the time
of importation into the United States. The duty shall be paid
before the 61st day after the date of exportation, except that the
duty may be waived or reduced by—
‘‘(1) 100 percent during the 8-year period beginning on
January 1, 2004;
‘‘(2) 75 percent during the 1-year period beginning on
January 1, 2012;
‘‘(3) 50 percent during the 1-year period beginning on
January 1, 2013; and
‘‘(4) 25 percent during the 1-year period beginning on
January 1, 2014.’’.
(2) BONDED SMELTING AND REFINING WAREHOUSES.—Section
312 of the Tariff Act of 1930 (19 U.S.C. 1312) is amended—
(A) in paragraph (1) of subsection (b), by striking
‘‘except that’’ and all that follows through subparagraph
(B) and inserting the following: ‘‘except that—
‘‘(A) in the case of a withdrawal for exportation of
such a product to a NAFTA country, as defined in section
2(4) of the North American Free Trade Agreement
Implementation Act, if any of the imported metal-bearing
materials are goods subject to NAFTA drawback, as defined
in section 203(a) of that Act, the duties on the materials
shall be paid, and the charges against the bond canceled,
before the 61st day after the date of exportation; but upon
the presentation, before such 61st day, of satisfactory evi-
dence of the amount of any customs duties paid to the
NAFTA country on the product, the duties on the materials
may be waived or reduced (subject to section 508(b)(2)(B))
in an amount that does not exceed the lesser of—
‘‘(i) the total amount of customs duties owed on
the materials on importation into the United States,
or
‘‘(ii) the total amount of customs duties paid to
the NAFTA country on the product, and
‘‘(B) in the case of a withdrawal for exportation of
such a product to Chile, if any of the imported metal-
bearing materials are goods subject to Chile FTA drawback,
as defined in section 203(a) of the United States-Chile
Free Trade Agreement Implementation Act, the duties on
the materials shall be paid, and the charges against the
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bond canceled, before the 61st day after the date of expor-
tation, except that the duties may be waived or reduced
by—
‘‘(i) 100 percent during the 8-year period beginning
on January 1, 2004,
‘‘(ii) 75 percent during the 1-year period beginning
on January 1, 2012,
‘‘(iii) 50 percent during the 1-year period beginning
on January 1, 2013, and
‘‘(iv) 25 percent during the 1-year period beginning
on January 1, 2014, or’’;
(B) in paragraph (4) of subsection (b), by striking
‘‘except that’’ and all that follows through subparagraph
(B) and inserting the following: ‘‘except that—
‘‘(A) in the case of a withdrawal for exportation of
such a product to a NAFTA country, as defined in section
2(4) of the North American Free Trade Agreement
Implementation Act, if any of the imported metal-bearing
materials are goods subject to NAFTA drawback, as defined
in section 203(a) of that Act, the duties on the materials
shall be paid, and the charges against the bond canceled,
before the 61st day after the date of exportation; but upon
the presentation, before such 61st day, of satisfactory evi-
dence of the amount of any customs duties paid to the
NAFTA country on the product, the duties on the materials
may be waived or reduced (subject to section 508(b)(2)(B))
in an amount that does not exceed the lesser of—
‘‘(i) the total amount of customs duties owed on
the materials on importation into the United States,
or
‘‘(ii) the total amount of customs duties paid to
the NAFTA country on the product, and
‘‘(B) in the case of a withdrawal for exportation of
such a product to Chile, if any of the imported metal-
bearing materials are goods subject to Chile FTA drawback,
as defined in section 203(a) of the United States-Chile
Free Trade Agreement Implementation Act, the duties on
the materials shall be paid, and the charges against the
bond canceled, before the 61st day after the date of expor-
tation, except that the duties may be waived or reduced
by—
‘‘(i) 100 percent during the 8-year period beginning
on January 1, 2004,
‘‘(ii) 75 percent during the 1-year period beginning
on January 1, 2012,
‘‘(iii) 50 percent during the 1-year period beginning
on January 1, 2013, and
‘‘(iv) 25 percent during the 1-year period beginning
on January 1, 2014, or’’; and
(C) in subsection (d), in the matter preceding para-
graph (1), by striking ‘‘except that’’ and all that follows
through the end of paragraph (2) and inserting the fol-
lowing: ‘‘except that—
‘‘(1) in the case of a withdrawal for exportation to a NAFTA
country, as defined in section 2(4) of the North American Free
Trade Agreement Implementation Act, if any of the imported
metal-bearing materials are goods subject to NAFTA drawback,
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PUBLIC LAW 108–77—SEPT. 3, 2003
as defined in section 203(a) of that Act, charges against the
bond shall be paid before the 61st day after the date of expor-
tation; but upon the presentation, before such 61st day, of
satisfactory evidence of the amount of any customs duties paid
to the NAFTA country on the product, the bond shall be credited
(subject to section 508(b)(2)(B)) in an amount not to exceed
the lesser of—
‘‘(A) the total amount of customs duties paid or owed
on the materials on importation into the United States,
or
‘‘(B) the total amount of customs duties paid to the
NAFTA country on the product; and
‘‘(2) in the case of a withdrawal for exportation to Chile,
if any of the imported metal-bearing materials are goods subject
to Chile FTA drawback, as defined in section 203(a) of the
United States-Chile Free Trade Agreement Implementation Act,
charges against the bond shall be paid before the 61st day
after the date of exportation, and the bond shall be credited
in an amount equal to—
‘‘(A) 100 percent of the total amount of customs duties
paid or owed on the materials on importation into the
United States during the 8-year period beginning on
January 1, 2004,
‘‘(B) 75 percent of the total amount of customs duties
paid or owed on the materials on importation into the
United States during the 1-year period beginning on
January 1, 2012,
‘‘(C) 50 percent of the total amount of customs duties
paid or owed on the materials on importation into the
United States during the 1-year period beginning on
January 1, 2013, and
‘‘(D) 25 percent of the total amount of customs duties
paid or owed on the materials on importation into the
United States during the 1-year period beginning on
January 1, 2014.’’.
(3) DRAWBACK.—Section 313 of the Tariff Act of 1930 (19
U.S.C. 1313) is amended—
(A) in paragraph (4) of subsection (j)—
(i) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; and
(ii) by adding at the end the following new
subparagraph:
‘‘(B) Beginning on January 1, 2015, the exportation to
Chile of merchandise that is fungible with and substituted
for imported merchandise, other than merchandise described
in paragraphs (1) through (5) of section 203(a) of the United
States-Chile Free Trade Agreement Implementation Act, shall
not constitute an exportation for purposes of paragraph (2).
The preceding sentence shall not be construed to permit the
substitution of unused drawback under paragraph (2) of this
subsection with respect to merchandise described in paragraph
(2) of section 203(a) of the United States-Chile Free Trade
Agreement Implementation Act.’’;
(B) in subsection (n)—
(i) by striking ‘‘(n)’’ and inserting the following:
‘‘(n) REFUNDS, WAIVERS, OR REDUCTIONS UNDER CERTAIN FREE
TRADE AGREEMENTS.—’’;
(ii) in paragraph (1)—
Effective date.
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(I) by striking ‘‘; and’’ at the end of subpara-
graph (B);
(II) by striking the period at the end of
subparagraph (C) and inserting ‘‘; and’’; and
(III) by adding at the end the following new
subparagraph:
‘‘(D) the term ‘good subject to Chile FTA drawback’ has
the meaning given that term in section 203(a) of the United
States-Chile Free Trade Agreement Implementation Act.’’; and
(iii) by adding the following new paragraph at
the end:
‘‘(4)(A) For purposes of subsections (a), (b), (f), (h), (j)(2), (p),
and (q), if an article that is exported to Chile is a good subject
to Chile FTA drawback, no customs duties on the good may be
refunded, waived, or reduced, except as provided in subparagraph
(B).
‘‘(B) The customs duties referred to in subparagraph (A) may
be refunded, waived, or reduced by—
‘‘(i) 100 percent during the 8-year period beginning on
January 1, 2004;
‘‘(ii) 75 percent during the 1-year period beginning on
January 1, 2012;
‘‘(iii) 50 percent during the 1-year period beginning on
January 1, 2013; and
‘‘(iv) 25 percent during the 1-year period beginning on
January 1, 2014.’’; and
(C) in subsection (o)—
(i) by striking ‘‘(o)’’ and inserting the following:
‘‘(o) SPECIAL RULES FOR CERTAIN VESSELS AND IMPORTED MATE-
RIALS.—’’; and
(ii) by adding at the end the following new para-
graphs:
‘‘(3) For purposes of subsection (g), if—
‘‘(A) a vessel is built for the account and ownership of
a resident of Chile or the Government of Chile, and
‘‘(B) imported materials that are used in the construction
and equipment of the vessel are goods subject to Chile FTA
drawback, as defined in section 203(a) of the United States-
Chile Free Trade Agreement Implementation Act,
no customs duties on such materials may be refunded, waived,
or reduced, except as provided in paragraph (4).
‘‘(4) The customs duties referred to in paragraph (3) may be
refunded, waived or reduced by—
‘‘(A) 100 percent during the 8-year period beginning on
January 1, 2004;
‘‘(B) 75 percent during the 1-year period beginning on
January 1, 2012;
‘‘(C) 50 percent during the 1-year period beginning on
January 1, 2013; and
‘‘(D) 25 percent during the 1-year period beginning on
January 1, 2014.’’.
(4) MANIPULATION
IN
WAREHOUSE.—Section 562 of the
Tariff Act of 1930 (19 U.S.C. 1562) is amended—
(A) in paragraph (3), by striking ‘‘to a NAFTA country’’
and inserting ‘‘to Chile, to a NAFTA country,’’;
(B) by striking ‘‘and’’ at the end of paragraph (4)(B);
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(C) by striking the period at the end of paragraph
(5) and inserting ‘‘; and’’; and
(D) by inserting after paragraph (5) the following:
‘‘(6)(A) without payment of duties for exportation to Chile,
if the merchandise is of a kind described in any of paragraphs
(1) through (5) of section 203(a) of the United States-Chile
Free Trade Agreement Implementation Act; and
‘‘(B) for exportation to Chile if the merchandise consists
of goods subject to Chile FTA drawback, as defined in section
203(a) of the United States-Chile Free Trade Agreement
Implementation Act, except that—
‘‘(i) the merchandise may not be withdrawn from ware-
house without assessment of a duty on the merchandise
in its condition and quantity, and at its weight, at the
time of withdrawal from the warehouse with such additions
to, or deductions from, the final appraised value as may
be necessary by reason of a change in condition, and
‘‘(ii) duty shall be paid on the merchandise before the
61st day after the date of exportation, except that such
duties may be waived or reduced by—
‘‘(I) 100 percent during the 8-year period beginning
on January 1, 2004,
‘‘(II) 75 percent during the 1-year period beginning
on January 1, 2012,
‘‘(III) 50 percent during the 1-year period beginning
on January 1, 2013, and
‘‘(IV) 25 percent during the 1-year period beginning
on January 1, 2014.’’.
(5) FOREIGN TRADE ZONES.—Section 3(a) of the Act of June
18, 1934 (commonly known as the ‘‘Foreign Trade Zones Act’’;
19 U.S.C. 81c(a)) is amended by striking the end period and
inserting the following: ‘‘: Provided further, That no merchan-
dise that consists of goods subject to Chile FTA drawback,
as defined in section 203(a) of the United States-Chile Free
Trade Agreement Implementation Act, that is manufactured
or otherwise changed in condition shall be exported to Chile
without an assessment of a duty on the merchandise in its
condition and quantity, and at its weight, at the time of its
exportation (or if the privilege in the first proviso to this sub-
section was requested, an assessment of a duty on the merchan-
dise in its condition and quantity, and at its weight, at the
time of its admission into the zone) and the payment of the
assessed duty before the 61st day after the date of exportation
of the article, except that the customs duty may be waived
or reduced by (1) 100 percent during the 8-year period beginning
on January 1, 2004; (2) 75 percent during the 1-year period
beginning on January 1, 2012; (3) 50 percent during the 1-
year period beginning on January 1, 2013; and (4) 25 percent
during the 1-year period beginning on January 1, 2014.’’.
(c) INAPPLICABILITY
TO COUNTERVAILING
AND ANTIDUMPING
DUTIES.—Nothing in this section or the amendments made by this
section shall be considered to authorize the refund, waiver, or
reduction of countervailing duties or antidumping duties imposed
on an imported good.
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SEC. 204. 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 (11) the following:
‘‘(12) 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-Chile Free Trade Agreement Implementa-
tion 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. 205. DISCLOSURE OF INCORRECT INFORMATION; DENIAL OF
PREFERENTIAL TARIFF TREATMENT; FALSE CERTIFI-
CATES OF ORIGIN.
(a) DISCLOSURE OF INCORRECT INFORMATION.—Section 592 of
the Tariff Act of 1930 (19 U.S.C. 1592) is amended—
(1) in subsection (c)—
(A) by redesignating paragraph (6) as paragraph (7);
and
(B) by inserting after paragraph (5) the following new
paragraph:
‘‘(6) PRIOR
DISCLOSURE
REGARDING
CLAIMS
UNDER
THE
UNITED STATES-CHILE FREE TRADE AGREEMENT.—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-Chile Free Trade Agree-
ment Implementation Act if the importer, in accordance with
regulations issued by the Secretary of the Treasury, voluntarily
makes a corrected declaration and pays any duties owing.’’;
and
(2) by adding at the end the following new subsection:
‘‘(g) FALSE CERTIFICATIONS
OF ORIGIN UNDER
THE UNITED
STATES-CHILE FREE TRADE AGREEMENT.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), it is unlawful
for any person to certify falsely, by fraud, gross negligence,
or negligence, in a Chile FTA Certificate of Origin (as defined
in section 508(f)(1)(B) of this Act that a good exported from
the United States qualifies as an originating good under the
rules of origin set out in section 202 of the United States-
Chile Free Trade Agreement Implementation Act. The proce-
dures and penalties of this section that apply to a violation
of subsection (a) also apply to a violation of this subsection.
‘‘(2) IMMEDIATE AND VOLUNTARY DISCLOSURE OF INCORRECT
INFORMATION.—No penalty shall be imposed under this sub-
section if, immediately after an exporter or producer that issued
a Chile FTA Certificate of Origin has reason to believe that
such certificate contains or is based on incorrect information,
the exporter or producer voluntarily provides written notice
of such incorrect information to every person to whom the
certificate was issued.
‘‘(3) EXCEPTION.—A person may not be considered to have
violated paragraph (1) if—
‘‘(A) the information was correct at the time it was
provided in a Chile FTA Certificate of Origin but was
later rendered incorrect due to a change in circumstances;
and
Applicability.
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 931
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‘‘(B) the person immediately and voluntarily provides
written notice of the change in circumstances to all persons
to whom the person provided the certificate.’’.
(b) DENIAL OF PREFERENTIAL TARIFF TREATMENT.—Section 514
of the Tariff Act of 1930 (19 U.S.C. 1514) is amended by adding
at the end the following new subsection:
‘‘(g) DENIAL
OF
PREFERENTIAL
TARIFF
TREATMENT
UNDER
UNITED STATES-CHILE FREE TRADE AGREEMENT.—If the Bureau
of Customs and Border Protection or the Bureau of Immigration
and Customs Enforcement finds indications of a pattern of conduct
by an importer of false or unsupported representations that goods
qualify under the rules of origin set out in section 202 of the
United States-Chile Free Trade Agreement Implementation Act,
the Bureau of Customs and Border Protection, in accordance with
regulations issued by the Secretary of the Treasury, may deny
preferential tariff treatment under the United States-Chile Free
Trade Agreement to entries of identical goods imported by that
person until the person establishes to the satisfaction of the Bureau
of Customs and Border Protection that representations of that
person are in conformity with such section 202.’’.
SEC. 206. RELIQUIDATION OF ENTRIES.
Subsection (d) of section 520 of the Tariff Act of 1930 (19
U.S.C. 1520(d)) is amended—
(1) by striking ‘‘(d)’’ and inserting the following:
‘‘(d) GOODS QUALIFYING UNDER FREE TRADE AGREEMENT RULES
OF ORIGIN.—’’;
(2) in the matter preceding paragraph (1), by inserting
‘‘or section 202 of the United States-Chile Free Trade Agree-
ment Implementation Act’’ after ‘‘Act’’;
(3) in paragraph (1), by striking ‘‘those’’ and inserting ‘‘the
applicable’’; and
(4) in paragraph (2), by inserting before the semicolon
‘‘, or other certificates of origin, as the case may be’’.
SEC. 207. RECORDKEEPING REQUIREMENTS.
Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is
amended—
(1) by striking the heading of subsection (b) and inserting
the following: ‘‘EXPORTATIONS TO NAFTA COUNTRIES.—’’; and
(2) by adding at the end the following:
‘‘(f) CERTIFICATES OF ORIGIN FOR GOODS EXPORTED UNDER THE
UNITED STATES-CHILE FREE TRADE AGREEMENT.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) RECORDS AND SUPPORTING DOCUMENTS.—The term
‘records and supporting documents’ means, with respect
to an exported good under paragraph (2), records and docu-
ments related to the origin of the good, including—
‘‘(i) the purchase, cost, and value of, and payment
for, the good;
‘‘(ii) if applicable, the purchase, cost, and value
of, and payment for, all materials, including recovered
goods, used in the production of the good; and
‘‘(iii) if applicable, the production of the good in
the form in which it was exported.
‘‘(B) CHILE
FTA
CERTIFICATE
OF
ORIGIN.—The term
‘Chile FTA Certificate of Origin’ means the certification,
established under article 4.13 of the United States-Chile
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 932
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Free Trade Agreement, that a good qualifies as an origi-
nating good under such Agreement.
‘‘(2) EXPORTS TO CHILE.—Any person who completes and
issues a Chile FTA Certificate of Origin for a good exported
from the United States shall make, keep, and, pursuant to
rules and regulations promulgated by the Secretary of the
Treasury, render for examination and inspection all records
and supporting documents related to the origin of the good
(including the Certificate or copies thereof).
‘‘(3) RETENTION
PERIOD.—Records and supporting docu-
ments shall be kept by the person who issued a Chile FTA
Certificate of Origin for at least 5 years after the date on
which the certificate was issued.
‘‘(g) PENALTIES.—Any person who fails to retain records and
supporting documents required by subsection (f) or the regulations
issued to implement that subsection shall be liable for the greater
of—
‘‘(1) a civil penalty not to exceed $10,000; or
‘‘(2) the general record keeping penalty that applies under
the customs laws of the United States.’’.
SEC. 208. ENFORCEMENT OF TEXTILE AND APPAREL RULES OF ORIGIN.
(a) ACTION DURING VERIFICATION.—If the Secretary of the
Treasury requests the Government of Chile to conduct a verification
pursuant to article 3.21 of the Agreement for purposes of deter-
mining that—
(1) an exporter or producer in Chile is complying with
applicable customs laws, regulations, and procedures regarding
trade in textile and apparel goods, or
(2) claims that textile or apparel goods exported or produced
by such exporter or producer—
(A) qualify as originating goods under section 202 of
this Act, or
(B) are goods of Chile,
are accurate,
the President may direct the Secretary to take appropriate action
described in subsection (b) while the verification is being conducted.
(b) APPROPRIATE ACTION DESCRIBED.—Appropriate action under
subsection (a) includes—
(1) suspension of liquidation of entries of textile and apparel
goods exported or produced by the person that is the subject
of the verification, in a case in which the request for verification
was based on a reasonable suspicion of unlawful activity related
to such goods; and
(2) publication of the name of the person that is the subject
of the verification.
(c) ACTION WHEN INFORMATION IS INSUFFICIENT.—If the Sec-
retary of the Treasury determines that the information obtained
within 12 months after making a request for a verification under
subsection (a) is insufficient to make a determination under sub-
section (a), the President may direct the Secretary to take appro-
priate action described in subsection (d) until such time as the
Secretary receives information sufficient to make a determination
under subsection (a) or until such earlier date as the President
may direct.
(d) APPROPRIATE ACTION DESCRIBED.—Appropriate action under
subsection (c) includes—
19 USC 3805
note.
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(1) publication of the identity of the person that is the
subject of the verification;
(2) denial of preferential tariff treatment under the Agree-
ment to any textile or apparel goods exported or produced
by the person that is the subject of the verification; and
(3) denial of entry into the United States of any textile
or apparel goods exported or produced by the person that is
the subject of the verification.
SEC. 209. CONFORMING AMENDMENTS.
Section 508(b)(2)(B)(i)(I) of the Tariff Act of 1930 (19 U.S.C.
1508(b)(2)(B)(i)(I)) is amended—
(1) by striking ‘‘the last paragraph of section 311’’ and
inserting ‘‘the eleventh paragraph of section 311’’; and
(2) by striking ‘‘the last proviso to section 3(a)’’ and
inserting ‘‘the proviso preceding the last proviso to section
3(a)’’.
SEC. 210. 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 sections
203 and 204;
(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) CHILEAN ARTICLE.—The term ‘‘Chilean article’’ means
an article that qualifies as an originating good under section
202(a) of this Act.
(3) CHILEAN
TEXTILE
OR
APPAREL
ARTICLE.—The term
‘‘Chilean 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 Chilean article.
Subtitle A—Relief From Imports Benefiting
From the Agreement
SEC. 311. COMMENCING OF ACTION FOR RELIEF.
(a) FILING OF PETITION.—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, cer-
tified or recognized union, or group of workers, that is representa-
tive of an industry. The Commission shall transmit a copy of any
Records.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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117 STAT. 934
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petition filed under this subsection to the United States Trade
Representative.
(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 Chilean 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 Chilean article constitute a substan-
tial 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 (i).
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation
may be initiated under this section with respect to any Chilean
article if, after the date that the Agreement enters into force,
import relief has been provided with respect to that Chilean article
under this subtitle, or if, at the time the petition is filed, the
article is subject to import relief under chapter 1 of title II of
the Trade Act of 1974.
SEC. 312. COMMISSION ACTION ON PETITION.
(a) DETERMINATION.—Not later than 120 days 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
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
Deadline.
19 USC 3805
note.
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117 STAT. 935
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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 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 3.3 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—
(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.
(2) PROGRESSIVE LIBERALIZATION.—If the period for which
import relief is provided under this section is greater than
Deadline.
President.
19 USC 3805
note.
Federal Register,
publication.
Deadline.
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1 year, the President shall provide for the progressive liberaliza-
tion (described in article 8.2(2) 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,
including any extensions thereof, may not, in the aggregate,
exceed 3 years.
(2) EXTENSION.—
(A) IN GENERAL.—If the initial period for any import
relief provided under this section is less than 3 years,
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, subject to the limitation under paragraph (1),
if the President determines that—
(i) the import relief continues to be necessary to
remedy or prevent 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 concerned, 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 termi-
nate, the Commission shall conduct an investigation to
determine 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 subparagraph
in the Federal Register and shall, within a reasonable
time thereafter, hold a public hearing at which the Commis-
sion shall afford interested parties and consumers an oppor-
tunity to be present, to present evidence, and to respond
to the presentations of other parties and consumers, and
otherwise to be heard.
(iii) The Commission shall transmit to the President
a report on its investigation and determination under this
subparagraph not later than 60 days before the action
under subsection (a) is to terminate, unless the President
specifies a different date.
(e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import
relief under this section is terminated with respect to an article—
(1) the rate of duty on that article after such termination
and on or before December 31 of the year in which such termi-
nation occurs shall be the rate that, according to the Schedule
of the United States in Annex 3.3 of the Agreement for the
staged elimination of the tariff, would have been in effect
1 year after the provision of relief under subsection (a); and
(2) the rate of duty for that article after December 31
of the year in which termination occurs shall be, at the discre-
tion of the President, either—
Reports.
Deadline.
Notice.
Federal Register,
publication.
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(A) the applicable rate of duty for that article set
out in the Schedule of the United States in Annex 3.3
of the Agreement; or
(B) the rate of duty resulting from the elimination
of the tariff in equal annual stages ending on the date
set out in the United States Schedule in Annex 3.3 of
the Agreement for the elimination of the tariff.
(f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be
provided under this section on any article subject to import relief
under chapter 1 of title II of the Trade Act of 1974.
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.—If an article for which relief is provided under
this subtitle is an article for which the period for tariff elimination,
set out in the Schedule of the United States to Annex 3.3 of
the Agreement, is 12 years, no relief under this subtitle may be
provided for that article after the date that is 12 years after the
date on which the Agreement enters into force.
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-Chile 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.
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.—
President.
19 USC 3805
note.
Federal Register,
publication.
Notice.
President.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
19 USC 3805
note.
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(1) IN GENERAL.—If a positive determination is made under
section 321(b), the President shall determine whether, as a
result of the elimination of a duty under the Agreement, a
Chilean 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 as to cause 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.
(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
provided 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 an increase in the rate of duty imposed
on the article to a level that does not exceed the lesser of—
(A) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided; or
(B) 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.—The import relief that the President is author-
ized to provide under section 322, including any extensions thereof,
may not, in the aggregate, exceed 3 years.
(b) EXTENSION.—If the initial period for any import relief pro-
vided under this section is less than 3 years, the President may
extend the effective period of any import relief provided under
this section, subject to the limitation set forth in subsection (a),
if the President determines that—
(1) the import relief continues to be necessary to remedy
or prevent serious damage and to facilitate adjustment; and
(2) there is evidence that the industry is making a positive
adjustment to import competition.
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.
19 USC 3805
note.
19 USC 3805
note.
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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
duty-free.
SEC. 326. TERMINATION OF RELIEF AUTHORITY.
No import relief may be provided under this subtitle with
respect to any article after the date that is 8 years after the
date on which duties on the article are eliminated pursuant to
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 that 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
summarized or, if necessary, deleted.
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 Chile (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 article 14.9 of the Agreement.
SEC. 402. NONIMMIGRANT PROFESSIONALS; LABOR ATTESTATIONS.
(a) NONIMMIGRANT PROFESSIONALS.—
(1) 
DEFINITIONS.—Section 
101(a)(15)(H)(i)(b) 
of 
the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b))
is amended by striking ‘‘212(n)(1), or (c)’’ and inserting
‘‘212(n)(1), or (b1) who is entitled to enter the United States
under and in pursuance of the provisions of an agreement
listed in section 214(g)(8)(A), who is engaged in a specialty
occupation described in section 214(i)(3), and with respect to
whom the Secretary of Labor determines and certifies to the
Secretary of Homeland Security and the Secretary of State
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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117 STAT. 940
PUBLIC LAW 108–77—SEPT. 3, 2003
that the intending employer has filed with the Secretary of
Labor an attestation under section 212(t)(1), or (c)’’.
(2) ADMISSION
OF
NONIMMIGRANTS.—Section 214 of the
Immigration and Nationality Act (8 U.S.C. 1184) is amended—
(A) in subsection (i)—
(i) in paragraph (1), by striking ‘‘For purposes’’
and inserting ‘‘Except as provided in paragraph (3),
for purposes’’; and
(ii) by adding at the end the following:
‘‘(3) For purposes of section 101(a)(15)(H)(i)(b1), the term ‘spe-
cialty occupation’ means an occupation that requires—
‘‘(A) theoretical and practical application of a body of
specialized knowledge; and
‘‘(B) attainment of a bachelor’s or higher degree in the
specific specialty (or its equivalent) as a minimum for entry
into the occupation in the United States.’’; and
(B) in subsection (g), by adding at the end the following:
‘‘(8)(A) The agreement referred to in section 101(a)(15)(H)(i)(b1)
is the United States-Chile Free Trade Agreement.
‘‘(B)(i) The Secretary of Homeland Security shall establish
annual numerical limitations on approvals of initial applications
by aliens for admission under section 101(a)(15)(H)(i)(b1).
‘‘(ii) The annual numerical limitations described in clause (i)
shall not exceed 1,400 for nationals of Chile for any fiscal year.
For purposes of this clause, the term ‘national’ has the meaning
given such term in article 14.9 of the United States-Chile Free
Trade Agreement.
‘‘(iii) The annual numerical limitations described in clause (i)
shall only apply to principal aliens and not to the spouses or
children of such aliens.
‘‘(iv) The annual numerical limitation described in paragraph
(1)(A) is reduced by the amount of the annual numerical limitations
established under clause (i). However, if a numerical limitation
established under clause (i) has not been exhausted at the end
of a given fiscal year, the Secretary of Homeland Security shall
adjust upwards the numerical limitation in paragraph (1)(A) for
that fiscal year by the amount remaining in the numerical limitation
under clause (i). Visas under section 101(a)(15)(H)(i)(b) may be
issued pursuant to such adjustment within the first 45 days of
the next fiscal year to aliens who had applied for such visas during
the fiscal year for which the adjustment was made.
‘‘(C) The period of authorized admission as a nonimmigrant
under section 101(a)(15)(H)(i)(b1) shall be 1 year, and may be
extended, but only in 1-year increments. After every second exten-
sion, the next following extension shall not be granted unless the
Secretary of Labor had determined and certified to the Secretary
of Homeland Security and the Secretary of State that the intending
employer has filed with the Secretary of Labor an attestation under
section 212(t)(1) for the purpose of permitting the nonimmigrant
to obtain such extension.
‘‘(D) The numerical limitation described in paragraph (1)(A)
for a fiscal year shall be reduced by one for each alien granted
an extension under subparagraph (C) during such year who has
obtained 5 or more consecutive prior extensions.’’.
(b) LABOR ATTESTATIONS.—Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended—
Aliens.
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(1) by redesignating the subsection (p) added by section
1505(f) of Public Law 106–386 (114 Stat. 1526) as subsection
(s); and
(2) by adding at the end the following:
‘‘(t)(1) No alien may be admitted or provided status as a non-
immigrant under section 101(a)(15)(H)(i)(b1) in an occupational
classification unless the employer has filed with the Secretary of
Labor an attestation stating the following:
‘‘(A) The employer—
‘‘(i) is offering and will offer during the period of
authorized employment to aliens admitted or provided
status under section 101(a)(15)(H)(i)(b1) wages that are
at least—
‘‘(I) the actual wage level paid by the employer
to all other individuals with similar experience and
qualifications for the specific employment in question;
or
‘‘(II) the prevailing wage level for the occupational
classification in the area of employment,
whichever is greater, based on the best information avail-
able as of the time of filing the attestation; and
‘‘(ii) will provide working conditions for such a non-
immigrant that will not adversely affect the working condi-
tions of workers similarly employed.
‘‘(B) There is not a strike or lockout in the course of
a labor dispute in the occupational classification at the place
of employment.
‘‘(C) The employer, at the time of filing the attestation—
‘‘(i) has provided notice of the filing under this para-
graph to the bargaining representative (if any) of the
employer’s employees in the occupational classification and
area for which aliens are sought; or
‘‘(ii) if there is no such bargaining representative, has
provided notice of filing in the occupational classification
through such methods as physical posting in conspicuous
locations at the place of employment or electronic notifica-
tion to employees in the occupational classification for
which nonimmigrants under section 101(a)(15)(H)(i)(b1) are
sought.
‘‘(D) A specification of the number of workers sought, the
occupational classification in which the workers will be
employed, and wage rate and conditions under which they
will be employed.
‘‘(2)(A) The employer shall make available for public examina-
tion, within one working day after the date on which an attestation
under this subsection is filed, at the employer’s principal place
of business or worksite, a copy of each such attestation (and such
accompanying documents as are necessary).
‘‘(B)(i) The Secretary of Labor shall compile, on a current basis,
a list (by employer and by occupational classification) of the attesta-
tions filed under this subsection. Such list shall include, with respect
to each attestation, the wage rate, number of aliens sought, period
of intended employment, and date of need.
‘‘(ii) The Secretary of Labor shall make such list available
for public examination in Washington, D.C.
Public inspection.
Records.
Public inspection.
Deadline.
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117 STAT. 942
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‘‘(C) The Secretary of Labor shall review an attestation filed
under this subsection only for completeness and obvious inaccura-
cies. Unless the Secretary of Labor finds that an attestation is
incomplete or obviously inaccurate, the Secretary of Labor shall
provide the certification described in section 101(a)(15)(H)(i)(b1)
within 7 days of the date of the filing of the attestation.
‘‘(3)(A) The Secretary of Labor shall establish a process for
the receipt, investigation, and disposition of complaints respecting
the failure of an employer to meet a condition specified in an
attestation submitted under this subsection or misrepresentation
by the employer of material facts in such an attestation. Complaints
may be filed by any aggrieved person or organization (including
bargaining representatives). No investigation or hearing shall be
conducted on a complaint concerning such a failure or misrepresen-
tation unless the complaint was filed not later than 12 months
after the date of the failure or misrepresentation, respectively.
The Secretary of Labor shall conduct an investigation under this
paragraph if there is reasonable cause to believe that such a failure
or misrepresentation has occurred.
‘‘(B) Under the process described in subparagraph (A), the
Secretary of Labor shall provide, within 30 days after the date
a complaint is filed, for a determination as to whether or not
a reasonable basis exists to make a finding described in subpara-
graph (C). If the Secretary of Labor determines that such a reason-
able basis exists, the Secretary of Labor shall provide for notice
of such determination to the interested parties and an opportunity
for a hearing on the complaint, in accordance with section 556
of title 5, United States Code, within 60 days after the date of
the determination. If such a hearing is requested, the Secretary
of Labor shall make a finding concerning the matter by not later
than 60 days after the date of the hearing. In the case of similar
complaints respecting the same applicant, the Secretary of Labor
may consolidate the hearings under this subparagraph on such
complaints.
‘‘(C)(i) If the Secretary of Labor finds, after notice and oppor-
tunity for a hearing, a failure to meet a condition of paragraph
(1)(B), a substantial failure to meet a condition of paragraph (1)(C)
or (1)(D), or a misrepresentation of material fact in an attestation—
‘‘(I) the Secretary of Labor shall notify the Secretary of
State and the Secretary of Homeland Security of such finding
and may, in addition, impose such other administrative rem-
edies (including civil monetary penalties in an amount not
to exceed $1,000 per violation) as the Secretary of Labor deter-
mines to be appropriate; and
‘‘(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or applica-
tions filed with respect to that employer under section 204,
214(c), or 101(a)(15)(H)(i)(b1) during a period of at least 1
year for aliens to be employed by the employer.
‘‘(ii) If the Secretary of Labor finds, after notice and opportunity
for a hearing, a willful failure to meet a condition of paragraph
(1), a willful misrepresentation of material fact in an attestation,
or a violation of clause (iv)—
‘‘(I) the Secretary of Labor shall notify the Secretary of
State and the Secretary of Homeland Security of such finding
and may, in addition, impose such other administrative rem-
edies (including civil monetary penalties in an amount not
Notification.
Notification.
Notice.
Deadlines.
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117 STAT. 943
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to exceed $5,000 per violation) as the Secretary of Labor deter-
mines to be appropriate; and
‘‘(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or applica-
tions filed with respect to that employer under section 204,
214(c), or 101(a)(15)(H)(i)(b1) during a period of at least 2
years for aliens to be employed by the employer.
‘‘(iii) If the Secretary of Labor finds, after notice and opportunity
for a hearing, a willful failure to meet a condition of paragraph
(1) or a willful misrepresentation of material fact in an attestation,
in the course of which failure or misrepresentation the employer
displaced a United States worker employed by the employer within
the period beginning 90 days before and ending 90 days after
the date of filing of any visa petition or application supported
by the attestation—
‘‘(I) the Secretary of Labor shall notify the Secretary of
State and the Secretary of Homeland Security of such finding
and may, in addition, impose such other administrative rem-
edies (including civil monetary penalties in an amount not
to exceed $35,000 per violation) as the Secretary of Labor
determines to be appropriate; and
‘‘(II) the Secretary of State or the Secretary of Homeland
Security, as appropriate, shall not approve petitions or applica-
tions filed with respect to that employer under section 204,
214(c), or 101(a)(15)(H)(i)(b1) during a period of at least 3
years for aliens to be employed by the employer.
‘‘(iv) It is a violation of this clause for an employer who has
filed an attestation under this subsection to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner
discriminate against an employee (which term, for purposes of
this clause, includes a former employee and an applicant for employ-
ment) because the employee has disclosed information to the
employer, or to any other person, that the employee reasonably
believes evidences a violation of this subsection, or any rule or
regulation pertaining to this subsection, or because the employee
cooperates or seeks to cooperate in an investigation or other pro-
ceeding concerning the employer’s compliance with the require-
ments of this subsection or any rule or regulation pertaining to
this subsection.
‘‘(v) The Secretary of Labor and the Secretary of Homeland
Security shall devise a process under which a nonimmigrant under
section 101(a)(15)(H)(i)(b1) who files a complaint regarding a viola-
tion of clause (iv) and is otherwise eligible to remain and work
in the United States may be allowed to seek other appropriate
employment in the United States for a period not to exceed the
maximum period of stay authorized for such nonimmigrant classi-
fication.
‘‘(vi)(I) It is a violation of this clause for an employer who
has filed an attestation under this subsection to require a non-
immigrant under section 101(a)(15)(H)(i)(b1) to pay a penalty for
ceasing employment with the employer prior to a date agreed to
by the nonimmigrant and the employer. The Secretary of Labor
shall determine whether a required payment is a penalty (and
not liquidated damages) pursuant to relevant State law.
‘‘(II) If the Secretary of Labor finds, after notice and opportunity
for a hearing, that an employer has committed a violation of this
clause, the Secretary of Labor may impose a civil monetary penalty
Notification.
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117 STAT. 944
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of $1,000 for each such violation and issue an administrative order
requiring the return to the nonimmigrant of any amount paid
in violation of this clause, or, if the nonimmigrant cannot be located,
requiring payment of any such amount to the general fund of
the Treasury.
‘‘(vii)(I) It is a failure to meet a condition of paragraph (1)(A)
for an employer who has filed an attestation under this subsection
and who places a nonimmigrant under section 101(a)(15)(H)(i)(b1)
designated as a full-time employee in the attestation, after the
nonimmigrant has entered into employment with the employer,
in nonproductive status due to a decision by the employer (based
on factors such as lack of work), or due to the nonimmigrant’s
lack of a permit or license, to fail to pay the nonimmigrant full-
time wages in accordance with paragraph (1)(A) for all such non-
productive time.
‘‘(II) It is a failure to meet a condition of paragraph (1)(A)
for an employer who has filed an attestation under this subsection
and who places a nonimmigrant under section 101(a)(15)(H)(i)(b1)
designated as a part-time employee in the attestation, after the
nonimmigrant has entered into employment with the employer,
in nonproductive status under circumstances described in subclause
(I), to fail to pay such a nonimmigrant for such hours as are
designated on the attestation consistent with the rate of pay identi-
fied on the attestation.
‘‘(III) 
In 
the 
case 
of 
a 
nonimmigrant 
under 
section
101(a)(15)(H)(i)(b1) who has not yet entered into employment with
an employer who has had approved an attestation under this sub-
section with respect to the nonimmigrant, the provisions of sub-
clauses (I) and (II) shall apply to the employer beginning 30 days
after the date the nonimmigrant first is admitted into the United
States, or 60 days after the date the nonimmigrant becomes eligible
to work for the employer in the case of a nonimmigrant who
is present in the United States on the date of the approval of
the attestation filed with the Secretary of Labor.
‘‘(IV) This clause does not apply to a failure to pay wages
to a nonimmigrant under section 101(a)(15)(H)(i)(b1) for nonproduc-
tive time due to non-work-related factors, such as the voluntary
request of the nonimmigrant for an absence or circumstances ren-
dering the nonimmigrant unable to work.
‘‘(V) This clause shall not be construed as prohibiting an
employer that is a school or other educational institution from
applying to a nonimmigrant under section 101(a)(15)(H)(i)(b1) an
established salary practice of the employer, under which the
employer pays to nonimmigrants under section 101(a)(15)(H)(i)(b1)
and United States workers in the same occupational classification
an annual salary in disbursements over fewer than 12 months,
if—
‘‘(aa) the nonimmigrant agrees to the compressed annual
salary payments prior to the commencement of the employment;
and
‘‘(bb) the application of the salary practice to the non-
immigrant does not otherwise cause the nonimmigrant to vio-
late any condition of the nonimmigrant’s authorization under
this Act to remain in the United States.
‘‘(VI) This clause shall not be construed as superseding clause
(viii).
Applicability.
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‘‘(viii) It is a failure to meet a condition of paragraph (1)(A)
for an employer who has filed an attestation under this subsection
to fail to offer to a nonimmigrant under section 101(a)(15)(H)(i)(b1),
during the nonimmigrant’s period of authorized employment, bene-
fits and eligibility for benefits (including the opportunity to partici-
pate in health, life, disability, and other insurance plans; the oppor-
tunity to participate in retirement and savings plans; and cash
bonuses and non-cash compensation, such as stock options (whether
or not based on performance)) on the same basis, and in accordance
with the same criteria, as the employer offers to United States
workers.
‘‘(D) If the Secretary of Labor finds, after notice and opportunity
for a hearing, that an employer has not paid wages at the wage
level specified in the attestation and required under paragraph
(1), the Secretary of Labor shall order the employer to provide
for payment of such amounts of back pay as may be required
to comply with the requirements of paragraph (1), whether or
not a penalty under subparagraph (C) has been imposed.
‘‘(E) The Secretary of Labor may, on a case-by-case basis, sub-
ject an employer to random investigations for a period of up to
5 years, beginning on the date on which the employer is found
by the Secretary of Labor to have committed a willful failure to
meet a condition of paragraph (1) or to have made a willful mis-
representation of material fact in an attestation. The authority
of the Secretary of Labor under this subparagraph shall not be
construed to be subject to, or limited by, the requirements of
subparagraph (A).
‘‘(F) Nothing in this subsection shall be construed as super-
seding or preempting any other enforcement-related authority under
this Act (such as the authorities under section 274B), or any other
Act.
‘‘(4) For purposes of this subsection:
‘‘(A) The term ‘area of employment’ means the area within
normal commuting distance of the worksite or physical location
where 
the 
work 
of 
the 
nonimmigrant 
under 
section
101(a)(15)(H)(i)(b1) is or will be performed. If such worksite
or location is within a Metropolitan Statistical Area, any place
within such area is deemed to be within the area of employ-
ment.
‘‘(B) In the case of an attestation with respect to one
or more nonimmigrants under section 101(a)(15)(H)(i)(b1) by
an employer, the employer is considered to ‘displace’ a United
States worker from a job if the employer lays off the worker
from a job that is essentially the equivalent of the job for
which the nonimmigrant or nonimmigrants is or are sought.
A job shall not be considered to be essentially equivalent of
another job unless it involves essentially the same responsibil-
ities, was held by a United States worker with substantially
equivalent qualifications and experience, and is located in the
same area of employment as the other job.
‘‘(C)(i) The term ‘lays off’, with respect to a worker—
‘‘(I) means to cause the worker’s loss of employment,
other than through a discharge for inadequate performance,
violation of workplace rules, cause, voluntary departure,
voluntary retirement, or the expiration of a grant or con-
tract; but
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PUBLIC LAW 108–77—SEPT. 3, 2003
‘‘(II) does not include any situation in which the worker
is offered, as an alternative to such loss of employment,
a similar employment opportunity with the same employer
at equivalent or higher compensation and benefits than
the position from which the employee was discharged,
regardless of whether or not the employee accepts the
offer.
‘‘(ii) Nothing in this subparagraph is intended to limit
an employee’s rights under a collective bargaining agreement
or other employment contract.
‘‘(D) The term ‘United States worker’ means an employee
who—
‘‘(i) is a citizen or national of the United States; or
‘‘(ii) is an alien who is lawfully admitted for permanent
residence, is admitted as a refugee under section 207 of
this title, is granted asylum under section 208, or is an
immigrant otherwise authorized, by this Act or by the
Secretary of Homeland Security, to be employed.’’.
(c) SPECIAL RULE FOR COMPUTATION OF PREVAILING WAGE.—
Section 212(p)(1) of the Immigration and Nationality Act (8 U.S.C.
1182(p)(1)) is amended by striking ‘‘(n)(1)(A)(i)(II) and (a)(5)(A)’’
and inserting ‘‘(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)’’.
(d) FEE.—
(1) IN GENERAL.—Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at
the end the following:
‘‘(11)(A) Subject to subparagraph (B), the Secretary of Homeland
Security or the Secretary of State, as appropriate, shall impose
a fee on an employer who has filed an attestation described in
section 212(t)—
‘‘(i) in order that an alien may be initially granted non-
immigrant status described in section 101(a)(15)(H)(i)(b1); or
‘‘(ii) in order to satisfy the requirement of the second sen-
tence of subsection (g)(8)(C) for an alien having such status
to obtain certain extensions of stay.
‘‘(B) The amount of the fee shall be the same as the amount
imposed by the Secretary of Homeland Security under paragraph
(9), except that if such paragraph does not authorize such Secretary
to impose any fee, no fee shall be imposed under this paragraph.
‘‘(C) Fees collected under this paragraph shall be deposited
in the Treasury in accordance with section 286(s).’’.
(2) USE OF FEE.—Section 286(s)(1) of the Immigration and
Nationality Act (8 U.S.C. 1356(s)(1)) is amended by striking
‘‘section 214(c)(9).’’ and inserting ‘‘paragraphs (9) and (11) of
section 214(c).’’.
SEC. 403. LABOR DISPUTES.
Section 214(j) of the Immigration and Nationality Act (8 U.S.C.
1184(j)) is amended—
(1) by striking ‘‘(j)’’ and inserting ‘‘(j)(1)’’;
(2) by striking ‘‘this subsection’’ each place such term
appears and inserting ‘‘this paragraph’’; and
(3) by adding at the end the following:
‘‘(2) Notwithstanding any other provision of this Act except
section 212(t)(1), and subject to regulations promulgated by the
Secretary of Homeland Security, an alien who seeks to enter the
United States under and pursuant to the provisions of an agreement
Regulations.
19 USC 3805
note.
Fees.
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PUBLIC LAW 108–77—SEPT. 3, 2003
LEGISLATIVE HISTORY—H.R. 2738 (S. 1416):
HOUSE REPORTS: No. 108–224, Pt. 1 (Comm. on Ways and Means) and Pt. 2
(Comm. on the Judiciary).
SENATE REPORTS: No. 108–116 accompanying S. 1416 (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.
listed in subsection (g)(8)(A), and the spouse and children of such
an alien if accompanying or following to join the alien, may be
denied admission as a nonimmigrant under subparagraph (E), (L),
or (H)(i)(b1) of section 101(a)(15) if there is in progress a labor
dispute in the occupational classification at the place or intended
place of employment, unless such alien establishes, pursuant to
regulations promulgated by the Secretary of Homeland Security
after consultation with the Secretary of Labor, that the alien’s
entry will not affect adversely the settlement of the labor dispute
or the employment of any person who is involved in the labor
dispute. Notice of a determination under this paragraph shall be
given as may be required by such agreement.’’.
SEC. 404. CONFORMING AMENDMENTS.
Section 214 of the Immigration and Nationality Act (8 U.S.C.
1184) is amended—
(1) in subsection (b), by striking ‘‘(other than a non-
immigrant described in subparagraph (H)(i), (L), or (V) of sec-
tion 101(a)(15))’’ and inserting ‘‘(other than a nonimmigrant
described in subparagraph (L) or (V) of section 101(a)(15), and
other than a nonimmigrant described in any provision of section
101(a)(15)(H)(i) except subclause (b1) of such section)’’;
(2) in subsection (c)(1), by striking ‘‘section 101(a)(15)(H),
(L), (O), or (P)(i)’’ and inserting ‘‘subparagraph (H), (L), (O),
or (P)(i) of section 101(a)(15) (excluding nonimmigrants under
section 101(a)(15)(H)(i)(b1))’’; and
(3) in subsection (h), by striking ‘‘(H)(i)’’ and inserting
‘‘(H)(i)(b) or (c)’’.
Approved September 3, 2003.
19 USC 3805
note.
Notice.
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