H.R.3398 - Omnibus Tariff and Trade Act of 198498th Congress (1983-1984)
|Sponsor:||Rep. Gibbons, Sam [D-FL-7] (Introduced 06/23/1983)(by request)|
|Committees:||House - Ways and Means | Senate - Finance|
|Committee Reports:||H.Rept 98-267; S.Rept 98-308; H.Rept 98-1156|
|Latest Action:||10/30/1984 Became Public Law No: 98-573. (PDF) (All Actions)|
|Roll Call Votes:||There have been 5 roll call votes|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.3398 — 98th Congress (1983-1984)All Information (Except Text)
(Conference report filed in House H.Rept. 98-1156)
Conference report filed in House (10/05/1984)
Omnibus Trade and Tariff Act of 1984 - Title I: Tariff Schedules Amendments - Subtitle A: Reference to Tariff Schedules - Declares that amendments to the Schedules refer to the Tariff Schedules of the United States.
Subtitle B: Permanent Changes in Tariff Treatment - Amends the Schedules to: (1) provide that any fabric that contains nontransparent rubber or plastic shall be regarded not as a textile material but as being wholly rubber or plastic; (2) grant permanent duty-free treatment to warp knitting machines and to provide that knitting machines other than warp knitting machines shall be subject to the same staged rate reductions in column one duty treatment as warp knitting machines were scheduled to receive; (3) define, for duty purposes, the differences between dress and work gloves; (4) provide uniform tariff treatment of pet toys; (5) grant permanent duty-free treatment to imported water chestnuts and bamboo shoots; (6) lower the duty on imported gut used in the manufacture of surgical sutures and to provide for staged rate reductions in such duty; (7) impose a lower duty on orange juice which is not concentrated than the duty on orange juice concentrate and reconstituted orange juice; (8) provide duty-free treatment to previously imported articles upon which a duty was paid if: reimported, without having been advanced in value or improved in condition while abroad, after having been exported under lease (currently, having been exported under lease to a foreign manufacturer); and, reimported by or for the account of the person who imported it into, and exported it from, the United States; (9) grant duty-free treatment to the rendering of geophysical or contracting services in connection with the exploration or extraction of natural resources; (10) permit the duty-free entry of scrolls or tablets of wood or paper which are imported for use in public or private religious observances, whether or not imported for the use of a religious institution.
Adds as a new item tapered steel pipes and tubes that are used as parts of illuminating articles. Sets forth the duty for such tubes. Applies to such tubes any reduction in the duty rate as authorized under the Trade Act of 1974. Provides that no rate of duty shall be provided for such tubes under column LDDC (Least Developed Developing Countries) whenever the rate of duty in column 1 for such items is less than the rate of duty for such items in column LDDC.
Provides that articles of apparel, except suits, pajamas and other nightwear, playsuits, washsuits, judo, karate and other martial arts uniforms, swimwear, and infants' sets up to and including 2 years of age, are to be separately classified even if two or more such articles are imported together and designed to be sold at retail.
Provides duties on whey protein concentrate and milk protein concentrate. Grants duty-free treatment of lactalbumin. Defines "milk protein concentrate" as any complete milk protein (casein plus albumin) concentrate that is 40 percent or more protein by weight.
Defines the term "entertainment broadcast band receivers" to mean radio receivers designed principally to receive signals in the AM and FM entertainment broadcast bands whether or not capable of receiving signals on other bands.
Creates a tariff classification for and imposes a duty on: (1) telephone switching apparatus (including private branch exchange and key system switching apparatus); (2) telephone sets and terminal equipment; (3) other switching apparatus; and (4) other terminal apparatus.
Grants duty free treatment to communications satellites.
Creates a tariff classification for and imposes a duty on: (1) radio receivers, other than solid-state receivers; (2) solid-state radio receivers designed for motor vehicle installation; (3) other entertainment broadcast band receivers; (4) hand-held citizens band transceivers; (5) low-power radio-telephonic transceivers operating on specified frequencies; (6) cordless handset telephones; (7) transmitters; (8) telephone answering machines; (9) radio-television-phonograph combination articles designed for connection to telegraphic or telephonic apparatus, instruments, or networks; (10) insulated electrical conductors with modular telephone connectors; (11) electrical equipment designed for connection to telegraphic or telephonic apparatus, instruments, or networks; (12) optical fiber bundles; and (13) optical fibers and optical fiber cables.
Reduces the duty from 25 percent ad valorem to five percent ad valorem on fresh asparagus entered during the period from September 15 through November 15, in any year.
Extends duty-free treatment to imports of chipper knife steel.
Makes certain technical changes so that the Schedules conform with the Customs Convention on Containers, 1972.
Subtitle C: Temporary Changes in Tariff Treatment - Reduces through December 31, 1987, the duty on certain brussels sprouts that are not reduced in size and certain brussels sprouts that are reduced in size.
Extends the suspension of duty on: (1) 4-chloro-3-methylphenol through December 31, 1987; (2) uncompounded allyl resins through December 31, 1987; (3) tartaric acid and tartaric chemicals through December 31, 1988; (4) natural graphite through December 31, 1987; (5) certain forms of zinc through December 31, 1989; and (6) certain clock radios through December 31, 1986.
Suspends the duty on: (1) B-naphtol through December 31, 1987; (2) 3,3-diaminobenzidine through December 31, 1988; (3) 6-amino-1-naphthol-3-sulfonic acid through December 31, 1987; (4) diphenyl guanidine and di-ortho-tolyl guanidine through December 31, 1987; (5) 2-(4-aminophenyl)-6-methylbenzothiazole-7-sulfonic acid through December 31, 1987; (6) a certain chemical intermediate, (6R,7R)- 7-(R)-2-amino-2-phenylacetamido-3-methyl-8-oxo-5-thia- 1-azabicyclo 4. 2. 0 oct-2-ene-2-carboxylic acid disolvate through December 31, 1987; (7) acetylsulfaguanidine through December 31, 1987; (8) mixtures of potassium 1-(p-chlorophenyl) -1, 4- diydro -6-methyl-4-oxopyridozine-3-carboxylate (fenridazon-potassium) and formulation adjuvants through December 31, 1987; (9) sulfamthazine through December 31, 1987; (10) sulfaguanidine through December 31, 1987; (11) terfenadine through December 31, 1987; (12) sulfathiazole through December 31, 1987; (13) sulfaquinoxaline and sulfanilamide through December 31, 1987; (14) dicyclomine hydrochloride and mepenzolate bromide through December 31, 1987; (15) amiodarone through December 31, 1987; (16) desipramine hydrochloride through December 31, 1987; (17) clomiphene citrate through December 31, 1987; (18) materials and compounds containing more than 19 percent but less than 85 percent of yttrium oxide equivalent through December 31, 1988; (19) mixtures of 5-chloro-2-methyl-4-isothiazolin-3-one, 2-methyl-4-isothiazolin-3-one, magnesium chloride and magnesium nitrate through December 31, 1987; (20) nicotine resin complex through December 31, 1987; (21) rifampin through December 31, 1987; (22) lactulose through December 31, 1987; (23) iron dextran complex through December 31, 1987; (24) industrial diamonds of tool and drill blanks through December 31, 1987; (25) lace-braiding machines and parts through December 31, 1987; (26) fabric weaving machines through December 31, 1987; and (27) metal frames for hand-held umbrellas through December 31, 1986.
Provides duty-free treatment on magnetron tubes used in stoves and ranges through December 31, 1986.
Extends the suspension of duty on: (1) crude feathers and down through December 31, 1987; (2) certain textile fabrics used in the manufacture of hovercraft skirts through December 31, 1987; and (3) flat knitting machines through December 31, 1988.
Reduces the duty on: (1) certain disposable surgical drapes and sterile gowns through December 31, 1988; (2) caffeine through December 31, 1987; and (3) certain water crystals through December 31, 1987 (including an even lower LDDC rate of duty).
Suspends, through December 31, 1987, the duty on: (1) 4, 4-Bis (a,a-dimethylbenzyl) diphenylamine; (2) flecainide acetate; and (3) MXDA (meta-Xylena-Diamine) and 1,3-BAC (a,3-Bis(aminomethyl)-cyclohexame).
Extends the tariff reduction for certain unwrought lead through December 31, 1988. Extends the duty on canned corned beef through December 31, 1989.
Suspends the duty on: (1) certain menthol feedstocks through December 31, 1987; (2) 2 - Methyl -4-chlorophenol through December 31, 1987; (3) circular knitting machines designed for sweater or garmet lenght knitting through December 31, 1989; (4) O-benzyl-p-chlorophenol through December 31, 1987; and (5) certain unwrought alloys of cobalt through December 31, 1987.
Grants duty-free treatment, through December 31, 1987, to m-Toluic acid.
Subtitle D: Technical Amendments - Makes various technical amendments to the Schedules.
Subtitle E: Effective Dates - Provides the effective dates for the amendments made by this title.
Title II: Customs and Miscellaneous Amendments - Subtitle A: Amendments to Tariff Act of 1930 - Provides that amendments to this Act refer to amendments made to the Tariff Act of 1930.
Amends the Tariff Act of 1930 (the Act) to provide for the refund ("drawback") of any import duty, tax, or fee which was imposed on imported or domestic merchandise that is fungible and is, within three years, exported or destroyed under Customs supervision and is: (1) not used within the United States; (2) in the possession of the party claiming such drawback; and (3) in the same condition at the time of such exportation or destruction as was the imported merchandise at the time of its importation.
Makes available certain information contained in the manifests of cargo vessels arriving in the United States. Provides that such information shall not be made available to the public if: (1) such disclosure would cause personal injury or property damage; or (2) such information must be kept secret for reasons of national defense or foreign policy. Requires the Secretary of the Treasury to establish procedures to provide access to such manifests.
Exempts from the entry requirements of the Act those passenger vessels on a round trip from the U.S. Virgin Islands to the British Virgin Islands and licensed yachts or undocumented American pleasure vessels not engaged in trade. Allows such exemption only if such vessels do not violate U.S. customs laws and have not visited any hovering vessel. Requires the master of the vessel to report to appropriate customs officials any article required by law to be entered. Provides that the same requirements be applied with respect to vessels returning from the British Virgin Islands.
Provides civil penalties for persons who import, export, or attempt to import or export: (1) any stolen self-propelled vehicle or vehicle part; or (2) a self-propelled vehicle or vehicle part knowing that its identification number has been altered. Requires the forfeiture of any such vehicle or vehicle part. Requires that persons who attempt to export a used self-propelled vehicle must present to the appropriate customs officer the vehicle and a document describing such vehicle.
States that customs officers may cooperate or exchange information (either before or after exportation or importation) with respect to motor vehicles, off-highway mobile equipment, vessels, or aircraft with any Federal, State, local, and foreign governmental authorities engaged in theft prevention.
Increases from $250 to $1,250 the value of imported goods eligible for informal entry.
Requires that specified imported iron or steel pipes or pipe fittings, imported compressed gas cylinders, and imported manhole rings or frames shall be marked with the English name of the country where they were manufactured.
Exempts vessels designed and used primarily for transporting passengers or property from the duty on equipment and repairs made in a foreign country on a U.S. flag vessel unless the vessel left the United States for the sole purpose of obtaining such equipment or repairs.
Provides that the return of articles from space, under specified circumstances, shall not be considered as an importation. Defines "industry" with respect to processed agricultural products. Defines "processed agricultural products".
Provides that customs duties will be due on the date of liquidation or reliquidation. Provides that if payment of the duties is not made within 30 days of such date, then such payment will be considered delinquent and bear interest from the date of liquidation or reliquidation. Provides a refund on any overpayment of duty and interest thereon if an entry is reliquidated as a result of: (1) a protest being filed; (2) a clerical error; or (3) a court order.
Provides that if a State or local authority (incident to its jurisdiction over an airport, or other exit point facility) requires its approval with respect to the operation of a duty-free sales enterprise under which merchandise is delivered to such facility for exportation, then merchandise incident to such operation may not be withdrawn from a bonded warehouse and transferred to such facility unless the operator of such duty-free sales enterprise demonstrates to the Secretary of the Treasury that the required approval has been obtained.
Prohibits an individual (other than solely for that person) or corporation from conducting customs business (activities involving transactions with the Customs Service concerning the entry and payment of duties on imported merchandise) unless a valid customs brokers license and permit has been issued by the Secretary of the Treasury to such individual or corporation. Permits the granting of such license to a corporation provided at least one officer of such corporation holds a customs brokers license. (Currently, at least two officers of a corporation must hold a license in order for the corporation to conduct customs business.)
Provides for the revocation or suspension of such license and permit, or the imposition of a monetary penalty, for a customs broker who: (1) fails to have such a license and permit while transacting customs business; (2) makes false statements on an application for such license or permit, or on a report filed with the Customs Service; (3) has been convicted of certain felonies or misdemeanors after the filing of an application for such license; (4) is licensed as a corporation and fails to have at least one officer validly licensed for a continuous period of 120 days (currently, it is for a continuous 60 day period); or (5) fails to employ for the same period at least one licensed individual within the district in which a permit was issued.
Permits a broker to appeal any decision by the Secretary to deny, revoke, or suspend such broker's license or permit, or to impose a monetary penalty upon him or her, by filing a petition in the Court of International Trade.
Permits the Secretary to prescribe regulations relating to the issuance of licenses or permits to customs brokers.
Permits the suspension or revocation of a brokers license if a customs broker triennial report is not filed with the Secretary.
Grants exclusive jurisdiction to the Court of International Trade to review any decision of the Secretary to: (1) deny an individual a license or permit; (2) revoke a license due to operation of law; or (3) impose a monetary penalty due to a violation under the Act.
Grants exclusive jurisdiction to the Court of International Trade on civil action cases which arise out of an import transaction and which are commenced by the United States to recover a monetary penalty due to a violation under the Act.
Permits an individual whose license or permit has been denied or revoked due to operation of law to commence an action for review in the Court of International Trade. Provides for the commencement of such actions in cases where a monetary penalty has been imposed.
Prohibits the commencement of an action unless it is commenced within 60 days after the entry of a decision relating to: (1) the denial or revocation of a license or permit; or (2) the imposition of a monetary penalty.
Provides that the scope of review for decisions by the Secretary to suspend or revoke a broker's license and permit shall be made on the basis of the record before the court in accordance with the provisions of this subtitle, except for the administrative hearing procedure on the revocation or suspension of a license or permit which shall be made in accordance with 5 USC 706.
Provides that with respect to the collection or assessment of a monetary penalty imposed under the Act, the Court of International Trade may not render a judgment in a greater amount than that sought in the initial pleading of the United States.
Prohibits a customs officer from permitting the delivery of imported merchandise from a public store or bonded warehouse until proof is produced showing that any customs broker's lien has been satisfied or discharged.
Authorizes the Secretary to provide a refund in cases where excess duties have been paid prior to the liquidation of an entry because of clerical error.
Provides for the seizure of vessels, aircraft, merchandise, or baggage valued at $100,000 or less except in the case of conveyances used to import, export or transport controlled substances, for which there is no limit to the value of items that may be seized. Requires written notice of such seizure to all interested parties. Increases the surety bond for any person claiming an interest in the seized property of up to $2,500, or ten percent of the value of the claimed property, whichever is less.
Establishes in the Treasury the Customs Forfeiture Fund to pay for maintenance of forfeited property, awards to informants, liens, mortgages, and the purchase of evidence of any violation.
Requires the deposit in such fund of all proceeds from the sale and disposition of property forfeited under customs law.
Allows transfer of the property for forfeiture under State law.
Increases from $50,000 to $250,000 the award of compensation given to informers for information leading to forfeiture.
Grants customs officers arrest authority and the right to carry firearms.
Repeals provisions of the Internal Revnue Code dealing with customs officers' law enforcement authority to conform to this Act.
Sets forth effective dates.
Subtitle B: Small Business Trade Assistance - Amends the Tariff Act of 1930 to establish within the International Trade Commission (ITC) a Trade Remedy Assistance Office to provide the public, upon request, information concerning: (1) remedies and benefits available under the trade laws; and (2) the petition and application procedures, and the appropriate filing dates, with respect to such remedies and benefits. Requires agencies administering a trade law to provide technical assistance to small businesses with regard to the filing of trade relief petitions.
Includes specified provisions of the Trade Act of 1974, the Tariff Act of 1930, and the Trade Expansion Act of 1962 in the term "trade laws."
Subtitle C: Miscellaneous Provisions - Amends the Foreign Trade Zones Act to provide that bicycle component parts shall not be exempt under the customs exemption provided by such Act unless the parts are re-exported from the United States.
Exempts from State and local ad valorem taxation: (1) tangible personal property imported from outside the United States and held in a foreign-trade zone for certain purposes; and (2) tangible personal property produced in the United States and held in a zone for exportaton.
Amends the Internal Revenue Code to prohibit a business expense deduction for advertisements placed with a foreign broadcast station and directed to a market in the United States if a similar deduction is denied in the country in which such station is located for an advertisement placed with a U.S. broadcast station and directed to a market in that country.
Amends Federal firearms laws to direct the Secretary of the Treasury to authorize the importation by licensed importers of: (1) rifles and shotguns that are listed as curios or relics; and (2) handguns that are listed as curios or relics if such handguns are generally recognized as suitable for or readily adaptable to sporting purposes.
Amends the Schedules to authorize the President to provide both duty-free treatment under column 1 and modifications in the descriptions of specified articles of the Tariff Schedules of the United States that are certified for use in civil aircraft.
Amends the Caribbean Basin Economic Recovery Act to provide a bond on products from a beneficiary country that are imported directly from such country into Puerto Rico for processing or use in manufacturing in Puerto Rico. Prohibits the imposition of a duty on the withdrawal from warehouse of such prodcuts if, at the time of such withdrawal, such products meet specified requirements.
Requires the Secretary of the Treasury to charge a user fee to individuals for the use of customs services at the Lebanon, New Hampshire, airport and other designated airports. Provides a formula for the designation of such airports. Sets forth penalties for the failure to pay such user fee.
Requires the Commissioner of Customs to notify specified congressional committees relating to any action which would: (1) result in a significant reduction in force of employees other than by attrition; (2) eliminate or relocate any U.S. Customs Service office or port of entry; or (3) significantly reduce the number of employees assigned to such office or port of entry.
Requires the Commission of the U.S. Customs Service to establish the Columbia-Snake Customs District which includes Oregon, and specified counties of the States of Idaho and Washington.
Authorizes the Secretary of the Treasury to reliquidate, within six months of the date of enactment of this Subtitle, the entry of two mass spectrometer systems which were imported into the United States for the use of Montana State University and with respect to applications to the International Trade Administration for duty-free entry of scientific equipment if the Secretary of Commerce finds that such systems are eligible for duty-free treatment under specified sections of the Schedules.
Authorizes and directs the Secretary of the Treasury (Secretary) to admit duty-free any article provided by the Max Planck Institute for Radioastronomy of the Federal Republic of Germany to the Steward Observatory of the University of Arizona and the Max Planck Institute for the construction and operation of a specified telescope if: (1) such article is within the meaning of a specified section of the Schedules; and (2) no such articles of equivalent scientific value for which such article is to be used is being manufactured in the United States.
Grants duty-free entry treatment for research equipment imported for the use of North Dakota State University after September 15, 1983.
Provides duty-free treatment to a pipe organ for use by a named cathedral.
Directs the Secretary of the Treasury to reliquidate as duty-free specified entries covering scientific equipment for a named cancer hospital.
Authorizes the Secretary of the Treasury to provide a refund of any duty paid on organs imported for the use by Trinity Cathedral of Cleveland, Ohio during 1973 through 1978.
Expresses the sense of the Congress that the President should continue to oppose: (1) the imposition of restrictions on European Community (EC) imports of nongrain feed ingredients and corn gluten and should support the current duty-free binding on such products; and (2) EC proposals which violate the duty-free binding on soybeans and soybean products under the General Agreement on Tariffs and Trade and reaffirm the United States' position that the imposition of a consumption tax by EC on vegetable fats and oils would represent a restraint of trade. States that if EC action is taken to inhibit the importation of such products, then the United States should restrict EC imports by the same proportion of reduced U.S. export products.
Expresses the sense of the Congress that the Secretary of Agriculture should request the President to call for an ITC investigation of honey imports.
Expresses the sense of the Congress that the President should negotiate with the principal foreign copper-producing countries to conclude voluntary restraint agreements to effect a balanced reduction of foreign copper production to: (1) allow the price of copper on international markets to rise to levels that will permit the remaining copper operations located in the United States to attract needed capital; and (2) achieve a secure domestic supply of copper. Expresses the sense of the Congress that the President should submit a report to Congress explaining the results of such negotiations or why such negotiatons are unnecessary.
Amends the Trade Act of 1974 to require that import relief actions recommended by the ITC shall take effect, even though the President proposes different actions, upon the enactment of a joint resolution of the Congress within the 90-day period beginning on the date on which the President's actions are transmited to the Congress. (Currently, such congressional approval is by concurrent resolution of both Houses and must occur within 90 days of receiving such proposal.) Requires the President to impose the action which was recommended by the ITC within 30 days after the enactment of such joint resolution. Expresses the sense of Congress that copyright protection is essential for computer software and lack of such protection or the use of other legal protections incorporating compulsory licensing would undermine the computer software industry here and abroad.
States that any nation's withdrawal of copyright protection or instigation of broad compulsory licensing of software should be opposed under the Universal Copyright Convention or through other avenues.
Title III: International Trade and Investment - International Trade and Investment Act - Provides that, for purposes of this title, amendments to the Act refer to amendments to the Trade Act of 1974. Amends the Act to set forth provisions dealing with foreign trade barriers.
Directs the United States Trade Representative, (USTR) through the interagency trade organization established pursuant to the Trade Expansion Act of 1962, to identify, analyze, and estimate the impact of practices that constitute significant barriers to or distortions of: (1) U.S. exports of goods or services; and (2) foreign direct investment by U.S. persons, especially if it has implications for trade in goods or services. Sets forth factors to be considered by the USTR in such analysis. Directs the USTR to update the analysis annually.
Directs the USTR to submit the analysis to the appropriate congressional committees. Requires the report to include any action taken to eliminate such trade barriers. Directs the USTR to consult with Congress on trade policy priorities. Directs Federal agencies to furnish information and other assistance to prepare such analysis.
Authorizes the President to respond to a foreign entity's unfair trade practices by taking action with respect to any goods or sector of such entity without regard to whether such goods or sector were involved in the unfair trade practice. (Current law provides that the President may take action against the products or services of the foreign entity.)
Authorizes the President to propose legislation to protect U.S. trade rights or to eliminate unfair trade practices. Requires such legislative proposals to be given priority treatment.
Requires a summary of a petition for a trade investigation by the USTR to be published in the Federal Register (currently, the entire petition must be published) if the USTR decides to begin an investigation with respect to the issues raised by the petition.
Authorizes the USTR to initiate an investigation in order to advise the President concerning the exercise of the President's authority to take action against unfair trade practices. Directs the USTR to consult with the appropriate congressional committees before beginning such an investigation.
Authorizes the USTR to delay for up to 90 days any request for consultation by a foreign entity concerning a petition for investigation into unfair trade practices. Directs the USTR to publish notice of the delay in the Federal Register and to report to Congress the reasons for the delay.
Changes the definition of "commerce" for purposes of foreign trade investigations to include: (1) services associated with international trade, whether or not related to specific goods (currently products); and (2) foreign direct investment by U.S. persons with implications for trade in goods or services. Defines "unreasonable", "unjustifiable," and "discriminatory" for purposes of such investigations.
Prohibits making information which the USTR has received in a trade investigation available to the public, if: (1) the person who provided the information makes a specified certification; (2) the USTR determines that such certification is well-founded; and (3) the person providing the information provides an adequate nonconfidential summary. Authorizes the USTR to use the information in trade investigations or to make it available to the public in a form which cannot identify the person providing the information.
Sets forth the principal U.S. negotiating objectives with respect to trade in services, foreign direct investment, and high technology products.
Directs the USTR to develop and coordinate the implementation of U.S. policies concerning trade in services. Requires Federal agencies responsible for regulating any service sector industry to advise and work with the USTR concerning: (1) the treatment afforded U.S. services sector's interest in foreign markets; or (2) allegations of unfair practices by foreign governments or companies in a service sector. Authorizes the Secretary of Commerce to establish a service industries development program. Sets forth the goals of the program.
Expresses the policy of the Congress that the President shall: (1) consult with State governments on trade policy issues affecting the regulatory authority on non-Federal governments or their procurement of goods and services; and (2) establish one or more intergovernmental policy advisory committees on trade. Authorizes the President to establish policy advisory committees representing non-Federal governmental interests to provide policy advice on trade negotiating objectives, bargaining positions, and the implementation of trade agreements.
Authorizes the President to negotiate to reduce trade barriers in foreign direct investment by U.S. persons, especially if such investment has implications for trade in goods and services.
Directs the USTR to obtain the reduction and elimination of any export performance requirements of a foreign country that adversely affects the economic interests of the United States. Permits the imposition of duties or import restrictions by the USTR on the products or services of such country. Provides compensation to such countries under appropriate circumstances.
Authorizes the President to enter into agreements concerning high technology industries.
Authorizes the President to proclaim the modification, elimination, or continuance of any existing duty, duty- free, or excise treatment, or any additional duties to carry out agreements concluded under the Act. Requires the President to exercise this authority only with respect to specified items listed in the U.S. Tariff Schedules. Provides for the termination of such authority within five years after the enactment of this Act.
Title IV: Trade with Israel - Amends the Trade Act of 1974 (the Act) to permit trade agreements with Israel that eliminate or reduce any duty imposed by the United States. Provides that the negotiation of such eliminations or reductions shall take into account any product that benefits from a discriminatory preferential tariff arrangement between Israel and a third country, if the tariff preference on such product has been the subject of a challenge by the United States under the authority of the Trade Act of 1974 and the General Agreement on Tariffs and Trade.
Prohibits the extension of any trade benefit to a country by reason of the extension of any such benefit to Israel.
Permits trade agreements that eliminate or reduce any duty imposed by the United States with any other country than Israel if specified requirements are met.
Revises the term "barrier" to include any duty or other import restriction. Revises the term "implementing bill" to include specified provisions relating to trade agreements with Israel.
Sets forth conditions for finding an Israeli article eligible for duty-free treatment under this title.
Authorizes the President to suspend duty-free treatment for such Israeli articles and to proclaim a duty rate for such articles if such action is proclaimed under the import relief provision of the Trade Act of 1974 or under the national security provision of the Trade Expansion Act of 1962. Requires the International Trade Commission (ITC) to state in any report to the President on the need for import relief from a duty-free article under the Trade Act of 1974 whether the report applies to such an article when imported from Israel.
Prohibits making a proclamation which provides solely for a suspension of duty-free treatment unless the ITC, in addition to making an affirmative determination under the Trade Act of 1974, determines that the serious injury or threat of serious injury substantially caused by imports results from the duty-free treatment provided to imports from Israel. Provides that import relief proclamations issued under the Trade Act of 1974 which effect articles covered by this title shall remain in effect until modified or terminated. Authorizes the President to modify or terminate such import relief provisions.
Authorizes filing a petition for emergency import relief with the Secretary of Agriculture regarding imports of perishable products from Israel which are given duty free treatment under this title if a petition for import relief affecting such products is filed with the ITC.
Sets forth a procedure for dealing with such emergency import relief petitions.
Prohibits the duty-free treatment granted under this title to Israeli imports from affecting the application of laws providing relief from injury caused by import competition or by unfair import trade practices. Prohibits extending a trade benefit to an other country by reason of the extension of a trade benefit to Israel under this title.
Title V: Generalized System of Preferences Renewal - Generalized System of Preferences Renewal Act of 1984 - Amends the Trade Act of 1974 to direct the President, in determining whether to provide duty-free treatment for an eligible article from a beneficiary developing country, to consider: (1) the effect such action will have on furthering the economic development of such countries through the expansion of their exports; and (2) the extent of the beneficiary developing country's competitiveness with respect to eligible articles.
Provides that Hungary may be designated as a beneficiary developing country. Prohibits the President from designating as a beneficiary developing country any country that has not taken or is not taking steps to afford internationally recognized worker rights to workers in that country (including any designated zone in that country). Defines "internationally recognized worker rights."
Directs the President, in determining whether to designate a country a beneficiary developing country, to consider: (1) the extent to which such country is providing the means for foreign nationals to exercise exclusive rights in intellectual property, including a patent, trademark, and copyright rights; (2) the extent to which such country has taken action to reduce trade distorting investment practices and policies and to reduce or eliminate barriers to trade in services; and (3) whether such country has taken or is taking steps to give to workers internationally recognized worker rights.
Prohibits the President from designating as articles eligible for duty-free treatment footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles on April 1, 1984.
Directs the Secretary of the Treasury, after consulting with the U.S. Trade Representative, to prescribe regulations governing rule of orgin requirements for the Generalized System of Preferences.
Directs the President to report to Congress by January 4, 1988, on the application of the Generalized System of Preferences and on the actions taken by the President to withdraw, suspend, or limit the application of duty-free treatment to a country which has failed to take specified actions.
Prohibits treating a country as a beneficiary developing country with respect to any article if the amount of exports of such article by such country to the United States exceeds a certain quantity or value. Declares that such prohibition shall not apply if a like or competitive article is not produced in the United States on January 3, 1985. Authorizes the President to disregard such prohibition if the appraised value of the total U.S. imports of such article does not exceed a specified amount.
Directs the President to conduct a general review of eligible articles in the Generalized System of Preferences by January 4, 1987. Permits the President, under specified circumstances, to change the tariff treatment of a beneficiary developing country. Authorizes the President, after January 4, 1987, to waive changing the tariff treatment of a beneficiary developing country if the President: (1) receives the advice of the International Trade Commission on whether a U.S. industry is likely to be adversely affected by such waiver; (2) determines that such waiver is in the U.S. interest; and (3) publishes such determination and the reasons for it in the Federal Register. Limits such waiver authority. Lists factors to be considered in deciding whether to grant such a waiver. Permits redesignating a country as a beneficiary developing country if imports of eligible articles from such country do not exceed specified limits for two years.
Extends the Generalized System of Preferences until July 4, 1993. Requires the President to report on the operation of the Generalized System of Preferences to Congress by January 4, 1990. Directs the President to report annually to Congress on the status of internationally recognized worker rights within each beneficiary developing country.
Requires the appropriate U.S. agencies to assist beneficiary developing countries to develop and implement measures designed to assure that the agricultural sectors of their economies are not directed to export markets to the detriment of the production of food stuffs for their citizenry.
Title VI: Trade Law Reform - Provides that, for purposes of this title, amendments to the Act refer to amendments to the Act of 1930. Amends the Act to state that: (1) the sale (or likelihood of sale) of certain imported merchandise is subject to the imposition of countervailing and antidumping duties; and (2) specified references to the sale of foreign merchandise includes leasing arrangements of such merchandise.
Permits the administering authority to make a preliminary determination on the basis of the record then available as to whether a subsidy is being provided with respect to merchandise which is the subject of a countervailing duty investigation, provided a written waiver of verification of information is received by such authority.
Provides that a countervailing or antidumping duty investigation may be terminated by the administering authority if such investigation was initiated by such administering authority.
Prohibits the administering authority from terminating a countervailing or antidumping duty investigation by accepting, from the country in which the subsidy practice is alleged to occur, an agreement to limit the volume of imports into the United States of the merchandise being investigated unless such administering authority is satisfied that termination on the basis of such agreement is in the public interest. Specifies various factors and prior consultations that the administering authority shall take into account when making such decision regarding the public interest. Prohibits the termination of such investigation before a preliminary determination that the imported merchandise is being sold, or is likely to be sold, at less than fair market value.
Eliminates as a basis for the suspension of a countervailing duty investigation by the administering authority, the offsetting of subsidies by exporters who import subsidized merchandise into the United States. Authorizes the administering authority to suspend a countervailing or antidumping duty investigation if the country in which the subsidy practice occurs agrees, or exporters of subsidized merchandise agree, to cease exports of such merchandise to the United States on the date on which the investigation is suspended. (Current law provides that exporters must agree to cease such exports of merchandise to the United States within six months after the date on which the investigation is suspended.)
Requires the administering authority with respect to quantitative restriction agreements to eliminate the injurious effects of subsidized exports to the United States, to take into account specified factors as they apply to the proposed suspension of a countervailing duty investigation and such agreement, after consulting with the appropriate consuming industries, producers and workers.
Provides that if such administering authority determines that such an agreement accepted under the Act is being, or has been violated or no longer meets the requirements under such Act then on the date of publication of its determination it shall, if it considers the violation to be intentional, notify the Commissioner of Customs.
Permits the administering authority to terminate a countervailing or antidumping duty investigation initiated by it.
Provides for an affirmative final determination in critical circumstances cases with respect to subsidies having been provided to merchandise that is the subject of a countervailing and antidumping duty investigation even though the administering authority's preliminary determination as to such subsidies was negative. Sets forth specified actions the administering authority must take if it makes an affirmative preliminary determination.
Permits the administering authority, under certain conditions, to extend the deadline for a final determination in a countervailing duty investigation to the date of its final determination in an antidumping duty investigation if the antidumping duty investigation was initiated simultaneously with the countervailing duty investigation.
Requires that a countervailing duty order shall presumptively apply to all merchandise of the class or kind which have been determined to materially injure U.S. industries and which are exported from the country being investigated, except that differing duties may be imposed if the administering authority determines that there is a significant differential between companies receiving subsidy benefits or if a State-owned enterprise is involved.
Prohibits a customs officer, with respect to all entries, or withdrawals from warehouse, for consumption of merchandise subject to a countervailing duty order, from delivering merchandise of a class or kind to the person who imported it unless that importer complies with specified information requirements.
Permits the administering authority to establish a monitoring program with respect to imports of a class or kind of merchandise from an additional supplier country (a country in which no antidumping investigation is pending or antidumping duty order is in effect with respect to such merchandise) if: (1) more than one antidumping order is in effect with respect to such merchandise; (2) there is reason by the administering authority to suspect an extraordinary pattern of persistent injurious dumping from one or more additional supplier countries; and (3) in the judgment of the administering authority such extraordinary pattern is causing a serious commercial problem for the domestic industry.
Requires such administering authority to annually review the amount of duty imposed by a countervailing or antidumping duty order, or a notice of the suspension of an investigation if a request for such review has been received by such authority. Provides for the review, other than a quantitative restriction agreement, of agreements to eliminate foreign subsidies on exports to the United States.
Provides that the party seeking revocation of an antidumping order shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant revocation of such antidumping order.
Prohibits the administering authority from revoking, in whole or in part, a countervailing duty order or terminating a suspended investigation on the basis of any export taxes, duties, or other charges levied on the export of merchandise to the United States that are intended to offset the subsidy received.
Requires the President, with respect to quantitative restriction agreements to suspend an antidumping duty investigation, to enter into consultations within 90 days after the administering authority accepts such agreement with the government that is a party to such agreement in order to: (1) eliminate the subsidy or dumping practice; or (2) reduce the net subsidy or dumping margin to a level that eliminates the injurious effect of exports to the United States of the merchandise. Prohibits such administering authority from modifying an agreement which results from such negotiations.
Provides, under specified circumstances, that such consultations shall not apply to quantitative restriction agreement cases.
Requires such administering authority to review affirmative determinations made by it and the International Trade Commission (ITC) with regard to: (1) subsidies being provided with respect to merchandise subject to a quantitative restriction agreement; and (2) imports of merchandise subject to such agreement, upon such agreement's termination, materially injuring or threatening material injury to an industry in the United States, or materially retarding the establishment of such industry. Requires such determinations to: (1) be made under such procedures as the administering authority and the Commission shall prescribe; (2) be treated as final determinations; and (3) provide, upon request of an interested party, a hearing in accordance with specified procedures. Sets forth specified actions the administering authority must take for affirmative determinations.
Amends the Trade Agreements Act of 1979 to provide that a negative determination by the ITC with respect to quantitative restriction agreements shall not be based, in whole or in part, on any export taxes, duties, or other charges levied on the export of merchandise to the United States that are intended to offset the subsidy received.
Amends the Act to provide that the term "industry", in the case of wine and grape products subject to an antidumpng investigation, shall also mean the domestic producers of the principal raw agricultural product (determined on either a volume or value basis) which is included in the like domestic product, if those producers allege material injury, or threat of material injury, as a result of imports of such wine and grape products.
Requires the ITC, in making determinations under specified sections of the Act as to the volume and consequent impact of a possible material injury, to cumulatively assess the effect of imports from two or more countries of like products subject to investigation if such imports compete with each other and with like products of the domestic industry in the United States.
Requires the ITC to consider specified factors with respect to its determination of the threat of material injury to a U.S. industry by reason of imports (or sales for importation) of any merchandise. Requires such determination to be made on the basis of real evidence and imminent injury.
Includes in the term "interested party" an association, a majority of whose members is composed of specified interested parties with respect to a like product.
Changes the term "usual wholesale quantities" to "usual commercial quantities."
Amends specified Federal law with respect to the Court of International Trade procedure to include in the term "interested party" an association composed of specified interested parties with respect to a like product.
Amends the Act to define "upstream subsidy" as any subsidy, as described in the Act, which: (1) is paid or bestowed by a foreign country upon a product which is used to manufacture merchandise which is already under investigation; (2) results in a price for such product that is lower than its available price in such country; and (3) has a significant effect on the cost of manufacturing or producing such merchandise. Requires, in administering such definition, that an association of two or more foreign countries, political subdivisions, dependent territories, or possessions of foreign countries organized into a customs union outside of the United States shall be treated as one country if such subsidy is provided by the customs union.
Requires the administering authority to decide that a competitive benefit has been bestowed when the price for the input product for such use is lower than the price that the manufacturer or producer of merchandise which is the subject of a countervailing duty proceeding would otherwise pay for the product in obtaining it from another seller in an armslenght transaction.
Requires the administering authority to adjust the price of merchandise under investigation that is found to be upstream subsidized by the country that produced it. Requires the administering authority to include such upstream subsidy in any countervailing duty that is imposed on such merchandise that has been found to have been bestowed a subsidy.
Includes a reseller's price for purposes of determining the purchase price of merchandise under the Act.
Provides that the foreign market value of imported merchandise shall be the price at the time such merchandise is first sold within the United States by the person for whom (or for whose account) the merchandise is imported to any other person who is not specifically described under the Act with respect to such person.
Provides that an intermediate country shall be treated, for purposes of the Act, as the country from which the merchandise was exported.
Requires both the administering authority and the ITC, upon the request of any party to a countervailing or antidumping duty investigation, to hold a hearing before making a final determination with respect to: (1) subsidies being provided with regard to merchandise subject to a quantitative restriction agreement; and (2) such merchandise being sold in the United States at less than fair value. Provides an exemption for required hearings by the ITC upon request and before making an injury determination in countervailing or antidumping duty investigations.
Provides for subsidy practices discovered by the administering authority during a countervailing duty proceeding.
Requires the administering authority to verify information relied upon in making: (1) a revocation of a countervailing duty order or an antidumping duty order; and (2) annual reviews and determinations with respect to the amount of duty imposed by a countervailing or antidumping duty order, or a notice of the suspension of an investigation if such verification is requested and no verification was made under this provision during the two preceding reviews and determinations under that section of the same order, finding, or notice.
Sets forth specified procedures the administering authority and the ITC must take with respect to information presented or discussed at an ex parte meeting.
Permits an officer or employee of the U.S. Customs Service who is involved in conducting an investigation regarding fraud under the Act to receive confidential information that has been submitted to the administering authority or the ITC with respect to such investigation.
Requires the administering authority and the ITC to require that information for which confidential treatment is requested be accompanied by other specified information.
Allows the administering authority, for purposes of determining U.S. or foreign prices, to use averaging or recognized sampling techniques. Gives the administering authority the sole authority to select such techniques.
Requires interest to be paid on overpayments and underpayments of amounts deposited on merchandise entered, or withdrawn from warehouse, for consumption on and after: (1) the date of publication of a countervailing or antidumping duty order; or (2) the date of a finding under the Antidumping Act, 1921. Provides the interest rate to be that rate as established by a specified section of the Internal Revenue Code of 1954.
Requires countervailing and antidumping duties imposed by this Act to be treated as any other customs duties for purposes of any law relating to the drawback of customs duties.
Sets forth the procedure for judicial review of administering authority and ITC determinations. Adds to those determinations which are reviewable in the U.S. Court of International Trade the determination as to whether a particular type of imported merchandise is within the class of such merchandise described in an antidumping or countervailing duty order. Sets forth the order of civil action cases before the U.S. Court of International Trade.
Requires the Secretary of Commerce to study the practices that are applied in making adjustments to purchase prices, exporter's sales prices, foreign market value, and constructed value in determining antidumping duties. Sets forth what shall be included in such study.
Requires the Secretary of Commerce, the Secretary of Labor, the U.S. trade Representative, and the Comptroller General of the United States to undertake and submit to Congress not later than June 1, 1985, a comprehensive study of the problem of foreign industrial targeting and of the need to amend the U.S. trade laws to provide effective remedies for domestic industries against the adverse effects of such targeting. Sets forth what shall be included in such study.
Title VII: Authorization of Appropriations for Customs and Trade Agencies - Amends the Tariff Act of 1930 to authorize appropriations for FY 1985 for the U.S. International Trade Commission, including a specified amount for reception and entertainment expenses.
Amends the Customs Procedural Reform and Simplification Act of 1978 to authorize appropriations for FY 1985 for the U.S. Customs Service. Earmarks specified amounts for the air interdiction program of the Customs Service and for the "Operation EXODUS" program.
Limits the amount of overtime pay which a Customs Service employee may receive. Authorizes the Commissioner of Customs to waive that limit.
Amends the Trade Act of 1974 to authorize appropriations for FY 1985 for the Office of the U.S. Trade Representative. Earmarks a specified amount for entertainment and representation expenses.
Title VIII: Enforcement Authority for the National Policy for the Steel Industry - Steel Import Stabilization Act - Expresses the sense of the Congress that: (1) the President should implement the national policy for the steel industry in a manner that restores the foreign share of the U.S. market for carbon and alloy steel products to approximately 17 percent; (2) the national policy for the steel industry should not be implemented in a manner contrary to the antitrust laws; and (3) if the national policy for the steel industry does not produce satisfactory results within a reasonable time, the Congress will consider taking legislative actions to stablize conditions in the domestic market for steel and iron ore products. Defines the national policy for the steel industry as those actions and elements described in Executive Communication 4046, dated September 18, 1984.
Authorizes the President, subject to specified conditions, to carry out such actions as may be necessary or appropriate to enforce the quantitative limitations and restrictions, including export measures required by a foreign government or customs union, contained in each bilateral arrangement (an arrangement made to implement the national policy for the steel industry). Directs the President, in applying such authority, to cover all categories of carbon and steel alloy products, to avoid distortions among those categories, and to include all exporting countries and customs unions from which there are or have been surges in exports of those products to the United States. Terminates the authority of the President to carry out such actions: (1) five years after the effective date of this Act; or (2) at the close of the first, second, third, or fourth anniversary of such date unless the President submits a specified affirmative annual determination before each such anniversary to the House Ways and Means Committee and the Senate Finance Committee. Defines an affirmative annual determination as a determination by the President that during the past year the steel industry has: (1) committed substantially all of its net cash flow from carbon and alloy steel product operations for purposes of reinvestment in, and modernization of, that industry; and (2) taken sufficient action to maintain its international competitiveness. Prohibits the President from finding compliance with the reinvestment and modernization requirement unless: (1) each major company with significant reinvestment or modernization needs has committed all of its net cash flow (except that required for retraining) from carbon and alloy steel product operations during the applicable 12-month period to meet those needs; and (2) each major company that has or reasonably anticipates significant unemployment in such operations has committed for the applicable 12 - month period not less than one percent of such net cash flow to the retraining of workers, including those laid off at any time since January 1, 1982.
Directs the President in making such determination to take into account such information as may be available from the U.S. International Trade Commission and other appropriate sources.
Directs the Secretary of Labor to report to Congress, within six months of the effective date of this Act, a plan for assisting workers in communities that are adversely affected by imports of carbon and alloy steel products.
Title IX: Wine Trade - Wine Equity and Export Expansion Act of 1984 - Directs the U.S. Trade Representative to designate as a major wine trading country each foreign country or group of foreign countries represented as an economic union that: (1) is a potential significant market for U.S. wine; and (2) maintains tariff barriers or nontariff barriers to (or other distortions of) trade in U.S. wine. Sets forth factors to be considered in determining whether to designate a country as a major wine trading country.
Requires the President to direct the U.S. Trade Representative to enter into consultations with each major wine trading country to seek a reduction or elimination of that country's tariff barriers and nontariff barriers to (or other distortions of) trade in U.S. wine. Directs the President to notify the House Ways and Means Committee and the Senate Finance Committee on specified efforts to expand opportunities in each major wine trading country for exports of U.S. wine. Requires each such notification (consisting of separate reports for each major wine trading country) to include: (1) a description of each act, policy, and practice in that country that constitutes a tariff or nontariff barrier to (or other distortion of) trade in U.S. wine; (2) an assessment of whether such act, policy, or practice is subject to international agreements; (3) information with respect to any action taken or proposed to eliminate or reduce each such act, policy, or practice; (4) an explanation if such action was not taken; and (5) recommendations to the Congress of any additional legislative authority or other action to obtain the elimination or reduction of foreign tariff barriers or nontariff barriers to trade in U.S. wine.
Directs the President to take all appropriate actions under the Trade Act of 1974 to enforce the rights of the United States under a trade agreement or to obtain the elimination of an act, policy, or practice of a major wine trading country if the President has reason to believe that such act, policy, or practice constitutes a tariff barrier or nontariff barrier to (or other distortion of) trade in U.S. wine and: (1) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or (2) is unjustifiable, unreasonable, or discriminatory and burdens or restricts U.S commerce.
Requires the U.S. Trade Representative to consult with the House Ways and Means Committee and the Senate Finance Committee and with representatives of the U.S. wine and grape products industries: (1) before identifying tariff and nontariff barriers to the U.S. wine trade and before designating major wine trading countries; (2) in developing the reports to such Committees; and (3) for purposes of determining whether action by the President is appropriate under the Trade Act of 1974.
Encourages the President to: (1) use, for FY 1985, certain authority under the Omnibus Budget Reconciliation Act of 1982 to make available sufficient funds to initiate an export promotion program for U.S. wine; and (2) request, for each subsequent fiscal year, an appropriation for such a wine export promotion program.