VI Chapter 4-Continued Agriculture export sales. Multilateral export control enhancement. Chapter 5: Authorities relating to political or United States-Israel Free Trade Area...... United States-Canada Free-Trade Agreeme Chapter 7: Organization of trade policy function Congress. Executive branch.. Interagency trade process. Office of the U.S. Trade Representative Department of Commerce. Department of Labor Department of State... Department of the Treasury and the U. U.S. International Trade Commission............ Private sector advisory committees. PART II: COMPILATION OF US Chapter 8: Tariffs and customs laws..... A. Implementation of the Harmonized Tar Subtitle B of Omnibus Trade and Compe B. Excerpts from the Harmonized Tariff Sc (HTS) Relating to Special Duty Treatmen 1. American goods returned (HTS item 2. American goods repaired or al 9802.00.40, .50)..... American metal articles pro 9802.00.60).. American components assem 9802.00.80). 3. Personal (tourist) exemptions (HTS it 4. Products of U.S. insular possessions ( C. Generalized System of Preferences (GSP)..... Title V of Trade Act of 1974, as amended General Note 3(c)(ii) of Harmonized Tariff D. Caribbean Basin Initiative (CBI)... Caribbean Basin Economic Recovery Act, Section 423 of Tax Reform Act of 1986 imports of ethyl alcohol.... General Note 3(v)A) of Harmonized Tariff E. Customs valuation (Section 402 of Tariff Act F. Customs user fees..... Section 13031 of Consolidated Budget Rec amended...... Section 236 of Trade and Tariff Act of 1984 Section 1893(c) (2), (3), (f), and (g) of Ta amended.... G. Other customs laws...... 1. Country of origin marking.. Section 304 of Tariff Act of 1930, as am 2. Drawback (Section 313 of Tariff Act of 10 Section 101 of Copyright Revisi OF US. TRADE ed Tariff Schat B. or altered in HTS items Sions (general SP Tariff Schedule Act, as ame 1986 relating Tariff Sched Act of 19 4. Penalties (Section 592 of Tariff Act of 1930, as amended)... Section 9503(c) of Omnibus Budget Reconciliation Act of I. Foreign Trade Zones (Act of June 18, 1934, as amended). Section 234 of Trade and Tariff Act of 1984.. General note 3(c)(iv) of Harmonized Tariff Schedule. ter 9: Trade remedy laws.. A. Authorities to respond to foreign subsidy and dumping practi 1. Countervailing duties.. Section 303 of the Tariff Act of 1930.. Section 331(d)(3) of the Trade Act of 1974... Sections 102 and 104 of the Trade Agreements Act of 19 2. Antidumping duties (Subtitle B of Title VII of the Ta 3. Administrative review of antidumping and countervail 6. Third country dumping (Section 1317 of the Omnibus Enforcement of United States rights under trade agreer responses to certain foreign trade practices (Title III, Chapt Trade Act of 1974, as amended).... Foreign direct investment (Section 307(b) of the Trade and of 1984)........ Unfair practices in import trade (Section 337 of the Tariff A Positive adjustment by industries injured by imports (Ch H. Trade adjustment assistance (Chapters 2, 3, and 5 of Titl Section 1428(a) of Omnibus Trade and Competitiveness Act 198 apter 10: Other laws regulating imports........ A. Authorities to restrict imports of agricultural and textile pr 4. Reciprocal meat inspection requirement (Section 20(h) 5. Sugar import quotas under Headnote authority. 7. International Coffee Agreement Act of 1980, as amende B. Steel Import Stabilization Act (Title VIT country involved; (2) impose duties or other import restrictions on the goods of, and notwithstanding any other provision of law, fees or restrictions on the services of, the foreign country for such time as the USTR deems appropriate; or (3) enter into binding agreements that commit the foreign country to (a) eliminate or phase out the act, policy, or practice, (b) eliminate any burden or restriction on U.S. commerce resulting from the act, policy, or practice, or (c) provide the United States with compensatory trade benefits that are satisfactory to the USTR. The USTR must also take all other appropriate and feasible action within the power of the President that the President may direct the USTR to take. With respect to services, the USTR may also restrict the terms and conditions or deny the issuance of any access authorization (e.g., license, permit, order) to the U.S. market issued under Federal law, notwithstanding any other law governing the authorization. Such action can apply only prospectively to authorizations granted or applications pending on or after the date a section 301 petition is filed or the USTR initiates an investigation. Before imposing fees or other restrictions on services subject to Federal or State regulation, the USTR must consult as appropriate with the Federal or State agency concerned. Action under section 301 may be taken on a nondiscriminatory basis or solely against the products or services of the country involved and with respect to any goods or sector regardless of whether they were involved in the particular act, policy, or practice. In taking action, the USTR must give preference to tariffs over other forms of import restrictions and consider substituting on an incremental basis an equivalent duty for any other form of import restriction imposed. Any action with respect to export targeting must reflect, to the extent possible, the full benefit level of the targeting over the period during which the action taken has an effect. Coverage of authority The term "unjustifiable" refers to acts, policies, or practices which violate or are inconsistent with U.S. international legal rights, such as denial of national or most-favored-nation treatment, right of establishment, or protection of intellectual property rights. The term "unreasonable" refers to acts, policies, or practices which are not necessarily in violation of or inconsistent with U.S. international legal rights, but are otherwise unfair and inequitable. In determining whether an act, policy, or practice is unreasonable, reciprocal opportunities in the United States for foreign nationals and firms shall be taken into account to the extent appropriate. Unreasonable measures include, but are not limited to, acts, policies, or practices which (1) deny fair and equitable (a) opportunities for the establishment of an enterprise, (b) provision of adequate and effective intellectual property right protection, or (c) market opportunities, including foreign government toleration of systematic anticompetitive activities by or among private firms that have the effect of restricting on a basis inconsistent with commercial considerations access of U.S. goods to purchasing by such firms; (2) constitute export targeting; or (3) constitute a persistent pattern of conduct denying internationally-recognized worker rights, unless the USTR determines the foreign country has taken or is taking actions that demonstrate a significant and tangible overall advancement in providing those rights and standards throughout the country or such acts, policies, or practices are not inconsistent with the level of economic development of the country. The term "discriminatory" includes, where appropriate, any act, policy, or practice which denies national or most-favored-nation treatment to U.S. goods, services, or investment. The term "commerce" includes, but is not limited to, services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and foreign direct investment by U.S. persons with implications for trade in goods or services. Petitions and investigations Any interested person may file a petition under section 302 with the USTR requesting the President to take action under section 301 and setting forth the allegations in support of the request. The USTR reviews the allegations and must determine within 45 days after receipt of the petition whether to initiate an investigation. The USTR may also self-initiate an investigation after consulting with appropriate private sector advisory committees. Public notice of determinations is required, and in the case of decisions to initiate, publication of a summary of the petition and an opportunity for the presentation of views, including a public hearing if timely requested by the petitioner or any interested person. In determining whether to initiate an investigation of any act, policy, or practice specifically enumerated as actionable under section 301, the USTR has the discretion to determine whether action under section 301 would be effective in addressing that act, policy, or practice. Section 303 requires the use of international procedures for resolving the issues to proceed in parallel with the domestic investigation. The USTR, on the same day as the determination to initiate an investigation, must request consultations with the foreign. country concerned regarding the issues involved. The USTR may delay the request for up to 90 days in order to verify or improve the petition to ensure an adequate basis for consultation. If the issues are covered by a trade agreement and are not resolved during the consultation period, if any, specified in the agreement, then the USTR must promptly request formal dispute settlement under the agreement before the earlier of the close of the consultation period specified in the agreement, if any, or 150 days after the consultation began. The USTR must seek information and advice from the petitioner, if any, and from appropriate private sector advisory committees in preparing presentations for consultations and dispute settlement proceedings. USTR unfairness and action determinations and implementation Section 304 sets forth specific time limits within which the USTR must make determinations of whether an act, policy, or practice meets the unfairness criteria of section 301 and, if affirmative, what action, if any, should be taken. These determinations are based on the investigation under section 302, and, if a trade agreement is involved, on the international consultations and, if applica ble, on the results of the dispute settlement proceedings under the agreement. The USTR must make these determinations: -within 18 months after the date the investigation is initiated or 30 days after the date the dispute settlement procedure is concluded, whichever is earlier, in cases involving a trade agreement, other than the agreement on subsidies and countervailing measures; -within 12 months after the date the investigation is initiated in cases not involving trade agreements or involving the agreement on subsidies and countervailing measures; or -within 6 months after the date the investigation is initiated in cases involving intellectual property rights priority countries, or within 9 months if the USTR determines such cases (1) involve complex or complicated issues that require additional time, (2) the foreign country is making substantial progress on legislative or administrative measures that will provide adequate and effective protection, or (3) the foreign country is undertaking enforcement measures to provide adequate and effective protection. The applicable deadline is postponed by up to 90 days if consultations with the foreign country involved were so delayed. Before making the determinations, the USTR must provide an opportunity for the presentation of views, including a public hearing if requested by an interested person and obtain advice from the appropriate private sector advisory committees. If expeditious action is required, the USTR must comply with these requirements after making the determinations. The USTR may also request the views of the International Trade Commission on the probable impact on the U.S. economy of taking the action. Any determinations must be published in the Federal Register. Section 305 requires the USTR to implement any section 301 actions within 30 days after the date of the determination to take action. The USTR may delay implementation by not more than 180 days if (1) the petitioner or, in the case of a self-initiated investigation, a majority of the domestic industry requests a delay; or (2) the USTR determines that substantial progress is being made, or that a delay is necessary or desirable, to obtain U.S. rights or a satisfactory solution. In cases involving intellectual property rights priority countries, action implementation may be delayed beyond the 30 days only if the extraordinary circumstances apply and by not more than 90 days. If the USTR determines to take no action in a case involving an affirmative determination of export targeting, the USTR must take alternative action in the form of establishing an advisory panel to recommend measures to promote the competitiveness of the affected domestic industry. The panel must submit a report on its recommendations to the USTR and the Congress within 6 months. On the basis of this report and subject to the specific direction, if any, of the President, the USTR may take administrative actions authorized under any other law and propose legislation to implement any other actions that would restore or improve the international competitiveness of the domestic industry and must submit a report |