United States-Morocco Free Trade Agreement Implementation Act 2004

118 STAT. 1103 PUBLIC LAW 108–302—AUG. 17, 2004
Public Law 108–302
108th Congress
An Act
To implement the United States-Morocco 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) S HORT TITLE.—This Act may be cited as the ‘‘United States-
Morocco Free Trade Agreement Implementation Act’’.
(b) T ABLE 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. Implementing actions in anticipation of entry into force and initial regula-
tions.
Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed
actions.
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. Additional duties on certain agricultural goods.Sec. 203. Rules of origin.Sec. 204. Enforcement relating to trade in textile and apparel goods.Sec. 205. Regulations.
TITLE III—RELIEF FROM IMPORTS
Sec. 301. Definitions.
Subtitle A—Relief From Imports Benefiting From the Agreement
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.Sec. 313. Provision of relief.Sec. 314. Termination of relief authority.Sec. 315. Compensation authority.Sec. 316. Confidential business information.
Subtitle B—Textile and Apparel Safeguard Measures
Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.Sec. 323. Period of relief.Sec. 324. Articles exempt from relief.Sec. 325. Rate after termination of import relief.Sec. 326. Termination of relief authority.Sec. 327. Compensation authority.Sec. 328. Business confidential information.United States-
Morocco FreeTrade AgreementImplementationAct.19 USC 3805note.Aug. 17, 2004
[H.R. 4842]
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SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to approve and implement the Free Trade Agreement
between the United States and Morocco entered into underthe authority of section 2103(b) of the Bipartisan Trade Pro-motion Authority Act of 2002 (19 U.S.C. 3803(b));
(2) to strengthen and develop economic relations between
the United States and Morocco for their mutual benefit;
(3) to establish free trade between the 2 nations through
the reduction and elimination of barriers to trade in goodsand 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) A GREEMENT .—The term ‘‘Agreement’’ means the United
States-Morocco Free Trade Agreement approved by Congressunder section 101(a)(1).
(2) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff
Schedule of the United States.
(3) T
EXTILE 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, THEAGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) A PPROVAL 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 section151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
(1) the United States-Morocco Free Trade Agreement
entered into on June 15, 2004, with Morocco and submittedto Congress on July 15, 2004; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to Congress onJuly 15, 2004.(b) C
ONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT .—
At such time as the President determines that Morocco has takenmeasures necessary to bring it into compliance with those provisionsof the Agreement that are to take effect on the date on whichthe Agreement enters into force, the President is authorized toexchange notes with the Government of Morocco providing for theentry into force, on or after January 1, 2005, of the Agreementwith respect to the United States.
SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES
AND STATE LAW.
(a) R ELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.—
(1) U NITED STATES LAW TO PREVAIL IN CONFLICT .—No provi-
sion of the Agreement, nor the application of any such provision19 USC 3805note.President.
Effective date.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.
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to any person or circumstance, which is inconsistent with any
law of the United States shall have effect.
(2) C ONSTRUCTION .—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) R
ELATIONSHIP OF AGREEMENT TO STATE LAW.—
(1) L EGAL 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 applicationis inconsistent with the Agreement, except in an action broughtby the United States for the purpose of declaring such lawor application invalid.
(2) D
EFINITION 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) E
FFECT 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, orany political subdivision of a State, on the ground that suchaction or inaction is inconsistent with the Agreement.
SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO
FORCE AND INITIAL REGULATIONS.
(a) I MPLEMENTING ACTIONS .—
(1) P ROCLAMATION AUTHORITY .—After the date of the 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 thedate the Agreement enters into force is appropriately imple-mented on such date, but no such proclamation or regulationmay have an effective date earlier than the date the Agreemententers into force.
(2) E
FFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS .—
Any action proclaimed by the President under the authorityof this Act that is not subject to the consultation and layoverprovisions under section 104 may not take effect before the15th day after the date on which the text of the proclamationis published in the Federal Register.
(3) W
AIVER OF 15 -DAY RESTRICTION .—The 15-day restriction
in paragraph (2) on the taking effect of proclaimed actionsis waived to the extent that the application of such restrictionwould prevent the taking effect on the date the Agreemententers into force of any action proclaimed under this section.19 USC 3805
note.
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(b) I NITIAL REGULATIONS .—Initial regulations necessary or
appropriate to carry out the actions required by or authorizedunder this Act or proposed in the statement of administrativeaction submitted under section 101(a)(2) to implement the Agree-ment shall, to the maximum extent feasible, be issued within 1year after the date on which the Agreement enters into force.In the case of any implementing action that takes effect on adate after the date on which the Agreement enters into force,initial regulations to carry out that action shall, to the maximumextent feasible, be issued within 1 year after such effective date.
SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFEC-
TIVE DATE OF, PROCLAIMED ACTIONS.
If a provision of this Act provides that the implementation
of an action by the President by proclamation is subject to theconsultation and layover requirements of this section, such actionmay 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;
(2) the President has submitted to the Committee on
Finance of the Senate and the Committee on Ways and Meansof the House of Representatives a report 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 toin paragraph (3).
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) E STABLISHMENT OR DESIGNATION OF OFFICE .—The President
is authorized to establish or designate within the Department ofCommerce an office that shall be responsible for providing adminis-trative assistance to panels established under chapter 20 of theAgreement. The office may not be considered to be an agencyfor purposes of section 552 of title 5, United States Code.
(b) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated for each fiscal year after fiscal year 2004 tothe Department of Commerce such sums as may be necessaryfor the establishment and operations of the office under subsection(a) and for the payment of the United States share of the expensesof panels established under chapter 20 of the Agreement.
SEC. 106. ARBITRATION OF CLAIMS.
The United States is authorized to resolve any claim against
the United States covered by article 10.15.1(a)(i)(C) or article10.15.1(b)(i)(C) of the Agreement, pursuant to the Investor-StateDispute Settlement procedures set forth in section B of chapter10 of the Agreement.19 USC 3805
note.19 USC 3805
note.President.President.
19 USC 3805note.Deadlines.
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SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) E FFECTIVE DATES .—Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Acttake effect on the date the Agreement enters into force.
(b) E
XCEPTIONS .—Sections 1 through 3 and this title take effect
on the date of the enactment of this Act.
(c) T ERMINATION OF THE AGREEMENT .—On the date on which
the Agreement terminates, the provisions of this Act (other thanthis subsection) and the amendments made by this Act shall ceaseto be effective.
TITLE II—CUSTOMS PROVISIONS
SEC. 201. TARIFF MODIFICATIONS.
(a) T ARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT .—
(1) P ROCLAMATION 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 appropriateto carry out or apply articles 2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10,4.3.11, 4.3.13, 4.3.14, and 4.3.15, and Annex IV of the Agree-ment.
(2) E
FFECT ON MOROCCAN GSP STATUS .—Notwithstanding
section 502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)),the President shall terminate the designation of Morocco asa beneficiary developing country for purposes of title V ofthe Trade Act of 1974 on the date of entry into force of theAgreement.(b) O
THER TARIFF MODIFICATIONS .—Subject to the consultation
and layover provisions of section 104, the President may proclaim—
(1) such modifications or continuation of any duty,(2) such modifications as the United States may agree
to with Morocco regarding the staging of any duty treatmentset forth in Annex IV of the Agreement,
(3) such continuation of duty-free or excise treatment, or(4) such additional duties,
as the President determines to be necessary or appropriate tomaintain the general level of reciprocal and mutually advantageousconcessions with respect to Morocco provided for by the Agreement.
(c) C
ONVERSION TO ADVALOREM RATES .—For purposes of sub-
sections (a) and (b), with respect to any good for which the baserate in the Tariff Schedule of the United States to Annex IVof the Agreement is a specific or compound rate of duty, the Presi-dent may substitute for the base rate an ad valorem rate thatthe President determines to be equivalent to the base rate.
SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS.
(a) D EFINITIONS .—In this section:
(1) A GRICULTURAL SAFEGUARD GOOD .—The term ‘‘agricul-
tural safeguard good’’ means a good—
(A) that qualifies as an originating good under section
203;19 USC 3805note.President.
Terminationdate.19 USC 3805
note.19 USC 3805
note.
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(B) that is included in the U.S. Agricultural Safeguard
List set forth in Annex 3–A of the Agreement; and
(C) for which a claim for preferential treatment under
the Agreement has been made.(2) A
PPLICABLE NTR (MFN) RATE OF DUTY .—The term
‘‘applicable NTR (MFN) rate of duty’’ means, with respect toan agricultural safeguard good, a rate of duty that is thelesser of—
(A) the column 1 general rate of duty that would have
been imposed under the HTS on the same agriculturalsafeguard good entered, without a claim for preferentialtariff treatment, on the date on which the additional dutyis imposed under subsection (b); or
(B) the column 1 general rate of duty that would have
been imposed under the HTS on the same agriculturalsafeguard good entered, without a claim for preferentialtariff treatment, on December 31, 2004.(3) F.O.B.—The term ‘‘F.O.B.’’ means free on board, regard-
less of the mode of transportation, at the point of direct ship-ment by the seller to the buyer.
(4) S
CHEDULE RATE OF DUTY .—The term ‘‘schedule rate
of duty’’ means, with respect to an agricultural safeguard good,the rate of duty for that good set out in the Tariff Scheduleof the United States to Annex IV of the Agreement.
(5) T
RIGGER PRICE .—The ‘‘trigger price’’ for a good means
the trigger price indicated for that good in the U.S. AgriculturalSafeguard List set forth in Annex 3–A of the Agreement orany amendment thereto.
(6) U
NIT IMPORT PRICE .—The ‘‘unit import price’’ of a good
means the price of the good determined on the basis of theF.O.B. import price of the good, expressed in either dollarsper kilogram or dollars per liter, whichever unit of measureis indicated for the good in the U.S. Agricultural SafeguardList set forth in Annex 3–A of the Agreement.(b) A
DDITIONAL DUTIES ON AGRICULTURAL SAFEGUARD GOODS .—
(1) A DDITIONAL DUTIES .—In addition to any duty pro-
claimed under subsection (a) or (b) of section 201, and subjectto paragraphs (3), (4), (5), and (6) of this subsection, the Sec-retary of the Treasury shall assess a duty on an agriculturalsafeguard good, in the amount determined under paragraph(2), if the Secretary determines that the unit import priceof the good when it enters the United States is less thanthe trigger price for that good.
(2) C
ALCULATION OF ADDITIONAL DUTY .—The additional
duty assessed under this subsection on an agricultural safe-guard good shall be an amount determined in accordance withthe following table:
If the excess of the trigger price
overThe additional duty is an
the unit import price is: amount equal to:
Not more than 10 percent of the trig-
ger price ……………………………………. 0.
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More than 10 percent but not more
than 40 percent of the trigger price 30 percent of the excess of the
applicable NTR (MFN) rate ofduty over the schedule rate ofduty.
More than 40 percent but not more
than 60 percent of the trigger price 50 percent of such excess.
More than 60 percent but not more
than 75 percent of the trigger price 70 percent of such excess.
More than 75 percent of the trigger
price ………………………………………….. 100 percent of such excess.
(3) E XCEPTIONS .—No additional duty shall be assessed on
a good under this subsection if, at the time of entry, thegood 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) T
ERMINATION .—The assessment of an additional duty
on a good under this subsection shall cease to apply to thatgood on the date on which duty-free treatment must be providedto that good under the Tariff Schedule of the United Statesto Annex IV of the Agreement.
(5) T
ARIFF -RATE QUOTAS .—If an agricultural safeguard good
is subject to a tariff-rate quota under the Agreement, anyadditional duty assessed under this subsection shall be appliedonly to over-quota imports of the good.
(6) N
OTICE .—Not later than 60 days after the date on
which the Secretary of the Treasury assesses an additionalduty on a good under this subsection, the Secretary shall notifythe Government of Morocco in writing of such action and shallprovide to the Government of Morocco data supporting theassessment of additional duties.
SEC. 203. RULES OF ORIGIN.
(a) A PPLICATION AND INTERPRETATION .—In this section:
(1) T ARIFF CLASSIFICATION .—The basis for any tariff classi-
fication is the HTS.
(2) R EFERENCE TO HTS .—Whenever in this section there
is a reference to a heading or sub-heading, such referenceshall be a reference to a heading or subheading of the HTS.(b) O
RIGINATING GOODS .—
(1) I N GENERAL .—For purposes of this Act and for purposes
of implementing the preferential tariff treatment provided forunder the Agreement, a good is an originating good if—
(A) the good is imported directly—
(i) from the territory of Morocco into the territory
of the United States; or
(ii) from the territory of the United States into
the territory of Morocco; and(B)(i) the good is a good wholly the growth, product,
or manufacture of Morocco or the United States, or both;
(ii) the good (other than a good to which clause (iii)
applies) is a new or different article of commerce thathas been grown, produced, or manufactured in Morocco,the United States, or both, and meets the requirementsof paragraph (2); or
(iii)(I) the good is a good covered by Annex 4–A or
5–A of the Agreement;19 USC 3805note.Deadline.
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(II)(aa) each of the nonoriginating materials used in
the production of the good undergoes an applicable changein tariff classification specified in such Annex as a resultof production occurring entirely in the territory of Moroccoor the United States, or both; or
(bb) the good otherwise satisfies the requirements
specified in such Annex; and
(III) the good satisfies all other applicable requirements
of this section.(2) R
EQUIREMENTS .—A good described in paragraph
(1)(B)(ii) is an originating good only if the sum of—
(A) the value of each material produced in the territory
of Morocco or the United States, or both, and
(B) the direct costs of processing operations performed
in the territory of Morocco or the United States, or both,
is not less than 35 percent of the appraised value of the goodat the time the good is entered into the territory of the UnitedStates.(c) C
UMULATION .—
(1) O RIGINATING GOOD OR MATERIAL INCORPORATED INTO
GOODS OF OTHER COUNTRY .—An originating good or a material
produced in the territory of Morocco or the United States,or both, that is incorporated into a good in the territory ofthe other country shall be considered to originate in the terri-tory of the other country.
(2) M
ULTIPLE PROCEDURES .—A good that is grown, pro-
duced, or manufactured in the territory of Morocco or theUnited States, or both, by 1 or more producers, is an originatinggood if the good satisfies the requirements of subsection (b)and all other applicable requirements of this section.(d) V
ALUE OF MATERIALS .—
(1) I N GENERAL .—Except as provided in paragraph (2), the
value of a material produced in the territory of Morocco orthe United States, or both, includes the following:
(A) The price actually paid or payable for the material
by the producer of such good.
(B) The freight, insurance, packing, and all other costs
incurred in transporting the material to the producer’splant, if such costs are not included in the price referredto in subparagraph (A).
(C) The cost of waste or spoilage resulting from the
use of the material in the growth, production, or manufac-ture of the good, less the value of recoverable scrap.
(D) Taxes or customs duties imposed on the material
by Morocco, the United States, or both, if the taxes orcustoms duties are not remitted upon exportation fromthe territory of Morocco or the United States, as the casemay be.(2) E
XCEPTION .—If the relationship between the producer
of a good and the seller of a material influenced the priceactually paid or payable for the material, or if there is noprice actually paid or payable by the producer for the material,the value of the material produced in the territory of Moroccoor the United States, or both, includes the following:
(A) All expenses incurred in the growth, production,
or manufacture of the material, including general expenses.
(B) A reasonable amount for profit.
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(C) Freight, insurance, packing, and all other costs
incurred in transporting the material to the producer’splant.
(e) P
ACKAGING AND PACKING MATERIALS AND CONTAINERS FOR
RETAIL SALE AND FOR SHIPMENT .—Packaging and packing materials
and containers for retail sale and shipment shall be disregardedin determining whether a good qualifies as an originating good,except to the extent that the value of such packaging and packingmaterials and containers have been included in meeting the require-ments set forth in subsection (b)(2).
(f) I
NDIRECT MATERIALS .—Indirect materials shall be dis-
regarded in determining whether a good qualifies as an originatinggood, except that the cost of such indirect materials may be includedin meeting the requirements set forth in subsection (b)(2).
(g) T
RANSIT AND TRANSSHIPMENT .—A good shall not be consid-
ered to meet the requirement of subsection (b)(1)(A) if, after expor-tation from the territory of Morocco or the United States, thegood undergoes production, manufacturing, or any other operationoutside the territory of Morocco or the United States, other thanunloading, reloading, or any other operation necessary to preservethe good in good condition or to transport the good to the territoryof the United States or Morocco.
(h) T
EXTILE AND APPAREL GOODS .—
(1) D E MINIMIS AMOUNTS OF NONORIGINATING MATERIALS .—
(A) I N GENERAL .—Except as provided in subparagraph
(B), a textile or apparel good that is not an originatinggood because certain fibers or yarns used in the productionof the component of the good that determines the tariffclassification of the good do not undergo an applicablechange in tariff classification set out in Annex 4–A ofthe Agreement shall be considered to be an originatinggood if the total weight of all such fibers or yarns inthat component is not more than 7 percent of the totalweight of that component.
(B) C
ERTAIN TEXTILE OR APPAREL GOODS .—A textile
or apparel good containing elastomeric yarns in the compo-nent of the good that determines the tariff classificationof the good shall be considered to be an originating goodonly if such yarns are wholly formed in the territory ofMorocco or the United States.
(C) Y
ARN, FABRIC , OR GROUP OF FIBERS .—For purposes
of this paragraph, in the case of a textile or apparel goodthat is a yarn, fabric, or group of fibers, the term ‘‘compo-nent of the good that determines the tariff classificationof the good’’ means all of the fibers in the yarn, fabric,or group of fibers.(2) G
OODS PUT UP IN SETS FOR RETAIL SALE .—Notwith-
standing the rules set forth in Annex 4–A of the Agreement,textile or apparel goods classifiable as goods put up in setsfor retail sale as provided for in General Rule of Interpretation3 of the HTS shall not be considered to be originating goodsunless each of the goods in the set is an originating goodor the total value of the nonoriginating goods in the set doesnot exceed 10 percent of the value of the set determined forpurposes of assessing customs duties.(i) D
EFINITIONS .—In this section:
(1) D IRECT COSTS OF PROCESSING OPERATIONS .—
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(A) I N GENERAL .—The term ‘‘direct costs of processing
operations’’, with respect to a good, includes, to the extentthey are includable in the appraised value of the goodwhen imported into Morocco or the United States, as thecase may be, the following:
(i) All actual labor costs involved in the growth,
production, or manufacture of the good, includingfringe benefits, on-the-job training, and the costs ofengineering, supervisory, quality control, and similarpersonnel.
(ii) Tools, dies, molds, and other indirect materials,
and depreciation on machinery and equipment thatare allocable to the good.
(iii) Research, development, design, engineering,
and blueprint costs, to the extent that they are allo-cable to the good.
(iv) Costs of inspecting and testing the good.(v) Costs of packaging the good for export to the
territory of the other country.(B) E
XCEPTIONS .—The term ‘‘direct costs of processing
operations’’ does not include costs that are not directlyattributable to a good or are not costs of growth, production,or manufacture of the good, such as—
(i) profit; and(ii) general expenses of doing business that are
either not allocable to the good or are not relatedto the growth, production, or manufacture of the good,such as administrative salaries, casualty and liabilityinsurance, advertising, and sales staff salaries,commissions, or expenses.
(2) G
OOD.—The term ‘‘good’’ means any merchandise,
product, article, or material.
(3) G OOD WHOLLY THE GROWTH , PRODUCT , OR MANUFACTURE
OF MOROCCO , THE UNITED STATES , OR BOTH .—The term ‘‘good
wholly the growth, product, or manufacture of Morocco, theUnited States, or both’’ means—
(A) a mineral good extracted in the territory of Morocco
or the United States, or both;
(B) a vegetable good, as such a good is provided for
in the HTS, harvested in the territory of Morocco or theUnited States, or both;
(C) a live animal born and raised in the territory
of Morocco or the United States, or both;
(D) a good obtained from live animals raised in the
territory of Morocco or the United States, or both;
(E) a good obtained from hunting, trapping, or fishing
in the territory of Morocco or the United States, or both;
(F) a good (fish, shellfish, and other marine life) taken
from the sea by vessels registered or recorded with Moroccoor the United States and flying the flag of that country;
(G) a good produced from goods referred to in subpara-
graph (F) on board factory ships registered or recordedwith Morocco or the United States and flying the flagof that country;
(H) a good taken by Morocco or the United States
or a person of Morocco or the United States from theseabed or beneath the seabed outside territorial waters,
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if Morocco or the United States has rights to exploit such
seabed;
(I) a good taken from outer space, if such good is
obtained by Morocco or the United States or a personof Morocco or the United States and not processed in theterritory of a country other than Morocco or the UnitedStates;
(J) waste and scrap derived from—
(i) production or manufacture in the territory of
Morocco or the United States, or both; or
(ii) used goods collected in the territory of Morocco
or the United States, or both, if such goods are fitonly for the recovery of raw materials;(K) a recovered good derived in the territory of Morocco
or the United States from used goods and utilized in theterritory of that country in the production of remanufac-tured goods; and
(L) a good produced in the territory of Morocco or
the United States, or both, exclusively—
(i) from goods referred to in subparagraphs (A)
through (J), or
(ii) from the derivatives of goods referred to in
clause (i),
at any stage of production.(4) I
NDIRECT MATERIAL .—The term ‘‘indirect material’’
means a good used in the growth, production, manufacture,testing, or inspection of a good but not physically incorporatedinto the good, or a good used in the maintenance of buildingsor the operation of equipment associated with the growth,production, or manufacture of a good, including—
(A) fuel and energy;(B) tools, dies, and molds;(C) spare parts and materials used in the maintenance
of equipment and buildings;
(D) lubricants, greases, compounding materials, and
other materials used in the growth, production, or manufac-ture of a good or used to operate equipment and 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 growth, production,or manufacture of the good can reasonably be demonstratedto be a part of that growth, production, or manufacture.(5) M
ATERIAL .—The term ‘‘material’’ means a good,
including a part or ingredient, that is used in the growth,production, or manufacture of another good that is a new ordifferent article of commerce that has been grown, produced,or manufactured in Morocco, the United States, or both.
(6) M
ATERIAL PRODUCED IN THE TERRITORY OF MOROCCO
OR THE UNITED STATES , OR BOTH .—The term ‘‘material produced
in the territory of Morocco or the United States, or both’’means a good that is either wholly the growth, product, ormanufacture of Morocco, the United States, or both, or a newor different article of commerce that has been grown, produced,
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or manufactured in the territory of Morocco or the United
States, or both.
(7) N EW OR DIFFERENT ARTICLE OF COMMERCE .—
(A) I N GENERAL .—The term ‘‘new or different article
of commerce’’ means, except as provided in subparagraph(B), a good that—
(i) has been substantially transformed from a good
or material that is not wholly the growth, product,or manufacture of Morocco, the United States, or both;and
(ii) has a new name, character, or use distinct
from the good or material from which it was trans-formed.(B) E
XCEPTION .—A good shall not be considered a new
or different article of commerce by virtue of having under-gone simple combining or packaging operations, or meredilution with water or another substance that does notmaterially alter the characteristics of the good.(8) R
ECOVERED GOODS .—The term ‘‘recovered goods’’ means
materials in the form of individual parts that result from—
(A) the complete disassembly of used goods into indi-
vidual parts; and
(B) the cleaning, inspecting, testing, or other processing
of those parts that is necessary for improvement to soundworking condition.(9) R
EMANUFACTURED GOOD .—The term ‘‘remanufactured
good’’ means an industrial good that is assembled in the terri-tory of Morocco or the United States and that—
(A) is entirely or partially comprised of recovered goods;(B) has a similar life expectancy to, and meets similar
performance standards as, a like good that is new; and
(C) enjoys a factory warranty similar to that of a
like good that is new.(10) S
IMPLE COMBINING OR PACKAGING OPERATIONS .—The
term ‘‘simple combining or packaging operations’’ means oper-ations such as adding batteries to electronic devices, fittingtogether a small number of components by bolting, gluing,or soldering, or packing or repacking components together.
(11) S
UBSTANTIALLY TRANSFORMED .—The term ‘‘substan-
tially transformed’’ means, with respect to a good or material,changed as the result of a manufacturing or processing oper-ation so that—
(A)(i) the good or material is converted from a good
that has multiple uses into a good or material that haslimited uses;
(ii) the physical properties of the good or material
are changed to a significant extent; or
(iii) the operation undergone by the good or material
is complex by reason of the number of processes and mate-rials involved and the time and level of skill requiredto perform those processes; and
(B) the good or material loses its separate identity
in the manufacturing or processing operation.
(j) P
RESIDENTIAL PROCLAMATION AUTHORITY .—
(1) I N GENERAL .—The President is authorized to proclaim,
as part of the HTS—
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(A) the provisions set out in Annex 4–A and Annex
5–A of the Agreement; and
(B) any additional subordinate category necessary to
carry out this title consistent with the Agreement.(2) M
ODIFICATIONS .—
(A) I N GENERAL .—Subject to the consultation and lay-
over provisions of section 104, the President may proclaimmodifications to the provisions proclaimed under theauthority of paragraph (1)(A), other than provisions of chap-ters 50 through 63 of the HTS, as included in Annex4–A of the Agreement.
(B) A
DDITIONAL PROCLAMATIONS .—Notwithstanding
subparagraph (A), and subject to the consultation and lay-over provisions of section 104, the President mayproclaim—
(i) modifications to the provisions proclaimed under
the authority of paragraph (1)(A) as are necessaryto implement an agreement with Morocco pursuantto article 4.3.6 of the Agreement; and
(ii) before the end of the 1-year period beginning
on the date of the enactment of this Act, modificationsto correct any typographical, clerical, or other nonsub-stantive technical error regarding the provisions ofchapters 50 through 63 of the HTS, as included inAnnex 4–A of the Agreement.
SEC. 204. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND
APPAREL GOODS.
(a) A CTION DURING VERIFICATION .—
(1) I N GENERAL .—If the Secretary of the Treasury requests
the Government of Morocco to conduct a verification pursuantto article 4.4 of the Agreement for purposes of making a deter-mination under paragraph (2), the President may direct theSecretary to take appropriate action described in subsection(b) while the verification is being conducted.
(2) D
ETERMINATION .—A determination under this para-
graph is a determination—
(A) that an exporter or producer in Morocco is com-
plying with applicable customs laws, regulations, proce-dures, requirements, or practices affecting trade in textileor apparel goods; or
(B) that a claim that a textile or apparel good exported
or produced by such exporter or producer—
(i) qualifies as an originating good under section
203 of this Act, or
(ii) is a good of Morocco,
is accurate.
(b) A
PPROPRIATE ACTION DESCRIBED .—Appropriate action under
subsection (a)(1) includes—
(1) suspension of liquidation of the entry of any textile
or apparel good exported or produced by the person that isthe subject of a verification referred to in subsection (a)(1)regarding compliance described in subsection (a)(2)(A), in acase in which the request for verification was based on areasonable suspicion of unlawful activity related to such goods;and19 USC 3805
note.
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(2) suspension of liquidation of the entry of a textile or
apparel good for which a claim has been made that is thesubject of a verification referred to in subsection (a)(1) regardinga claim described in subsection (a)(2)(B).(c) A
CTION WHEN INFORMATION IS INSUFFICIENT .—If the Sec-
retary of the Treasury determines that the information obtainedwithin 12 months after making a request for a verification undersubsection (a)(1) is insufficient to make a determination undersubsection (a)(2), the President may direct the Secretary to takeappropriate action described in subsection (d) until such time asthe Secretary receives information sufficient to make a determina-tion under subsection (a)(2) or until such earlier date as the Presi-dent may direct.
(d) A
PPROPRIATE ACTION DESCRIBED .—Appropriate action
referred to in subsection (c) includes—
(1) publication of the name and address of the person
that is the subject of the verification;
(2) denial of preferential tariff treatment under the Agree-
ment to—
(A) any textile or apparel good exported or produced
by the person that is the subject of a verification referredto in subsection (a)(1) regarding compliance described insubsection (a)(2)(A); or
(B) a textile or apparel good for which a claim has
been made that is the subject of a verification referredto in subsection (a)(1) regarding a claim described in sub-section (a)(2)(B); and(3) denial of entry into the United States of—
(A) any textile or apparel good exported or produced
by the person that is the subject of a verification referredto in subsection (a)(1) regarding compliance described insubsection (a)(2)(A); or
(B) a textile or apparel good for which a claim has
been made that is the subject of a verification referredto in subsection (a)(1) regarding a claim described in sub-section (a)(2)(B).
SEC. 205. REGULATIONS.
The Secretary of the Treasury shall prescribe such regulations
as may be necessary to carry out—
(1) subsections (a) through (i) of section 203;(2) amendments to existing law made by the subsections
referred to in paragraph (1); and
(3) proclamations issued under section 203(j).
TITLE III—RELIEF FROM IMPORTS
SEC. 301. DEFINITIONS.
In this title:
(1) M OROCCAN ARTICLE .—The term ‘‘Moroccan article’’
means an article that qualifies as an originating good undersection 203(b) of this Act or receives preferential tariff treat-ment under paragraphs 9 through 15 of article 4.3 of theAgreement.
(2) M
OROCCAN TEXTILE OR APPAREL ARTICLE .—The term
‘‘Moroccan textile or apparel article’’ means an article that—19 USC 3805note.19 USC 3805
note.
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(A) is listed in the Annex to the Agreement on Textiles
and Clothing referred to in section 101(d)(4) of the UruguayRound Agreements Act (19 U.S.C. 3511(d)(4)); and
(B) is a Moroccan article.
(3) C
OMMISSION .—The term ‘‘Commission’’ means the
United States International Trade Commission.
Subtitle A—Relief From Imports Benefiting
From the Agreement
SEC. 311. COMMENCING OF ACTION FOR RELIEF.
(a) F ILING OF PETITION .—
(1) I N GENERAL .—A petition requesting action under this
subtitle for the purpose of adjusting to the obligations of theUnited States under the Agreement may be filed with theCommission by an entity, including a trade association, firm,certified or recognized union, or group of workers, that is rep-resentative of an industry. The Commission shall transmita copy of any petition filed under this subsection to the UnitedStates Trade Representative.
(2) P
ROVISIONAL RELIEF .—An entity filing a petition under
this subsection may request that provisional relief be providedas if the petition had been filed under section 202(a) of theTrade Act of 1974 (19 U.S.C. 2252(a)).
(3) C
RITICAL CIRCUMSTANCES .—Any allegation that critical
circumstances exist shall be included in the petition.(b) I
NVESTIGATION AND DETERMINATION .—Upon the filing of
a petition under subsection (a), the Commission, unless subsection(d) applies, shall promptly initiate an investigation to determinewhether, as a result of the reduction or elimination of a dutyprovided for under the Agreement, a Moroccan article is beingimported into the United States in such increased quantities, inabsolute terms or relative to domestic production, and under suchconditions that imports of the Moroccan article constitute a substan-tial cause of serious injury or threat thereof to the domestic industryproducing an article that is like, or directly competitive with, theimported article.
(c) A
PPLICABLE PROVISIONS .—The following provisions of section
202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respectto any investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).(2) Subsection (c).(3) Subsection (d).(4) Subsection (i).
(d) A
RTICLES EXEMPT FROM INVESTIGATION .—No investigation
may be initiated under this section with respect to any Moroccanarticle if, after the date on which the Agreement enters into force,import relief has been provided with respect to that Moroccanarticle under this subtitle.
SEC. 312. COMMISSION ACTION ON PETITION.
(a) D ETERMINATION .—Not later than 120 days (180 days if
critical circumstances have been alleged) after the date on whichan investigation is initiated under section 311(b) with respect toa petition, the Commission shall make the determination requiredunder that section.19 USC 3805note.Deadline.19 USC 3805
note.
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(b) A PPLICABLE PROVISIONS .—For purposes of this subtitle, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of theTariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall beapplied with respect to determinations and findings made underthis section as if such determinations and findings were madeunder section 202 of the Trade Act of 1974 (19 U.S.C. 2252).
(c) A
DDITIONAL 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 theCommission to be an affirmative determination as provided forunder paragraph (1) of section 330(d) of the Tariff Act of 1930)(19 U.S.C. 1330(d)), the Commission shall find, and recommendto the President in the report required under subsection (d), theamount of import relief that is necessary to remedy or preventthe injury found by the Commission in the determination andto facilitate the efforts of the domestic industry to make a positiveadjustment to import competition. The import relief recommendedby the Commission under this subsection shall be limited to thatdescribed in section 313(c). Only those members of the Commissionwho voted in the affirmative under subsection (a) are eligible tovote on the proposed action to remedy or prevent the injury foundby the Commission. Members of the Commission who did not votein the affirmative may submit, in the report required under sub-section (d), separate views regarding what action, if any, shouldbe taken to remedy or prevent the injury.
(d) R
EPORT TO PRESIDENT .—Not later than the date that is
30 days after the date on which a determination is made undersubsection (a) with respect to an investigation, the Commissionshall 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 undersubsection (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 recommendationreferred to in paragraphs (1) and (2).(e) P
UBLIC NOTICE .—Upon submitting a report to the President
under subsection (d), the Commission shall promptly make publicsuch report (with the exception of information which the Commis-sion determines to be confidential) and shall cause a summarythereof to be published in the Federal Register.
SEC. 313. PROVISION OF RELIEF.
(a) I NGENERAL .—Not later than the date that is 30 days
after the date on which the President receives the report of theCommission in which the Commission’s determination under section312(a) is affirmative, or which contains a determination undersection 312(a) that the President considers to be affirmative underparagraph (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 providerelief from imports of the article that is the subject of such deter-mination to the extent that the President determines necessaryto remedy or prevent the injury found by the Commission and19 USC 3805
note.Deadline.President.Federal Register,
publication.
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to facilitate the efforts of the domestic industry to make a positive
adjustment to import competition.
(b) E XCEPTION .—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 andsocial benefits than costs.
(c) N
ATURE OF RELIEF .—
(1) I N GENERAL .—The import relief (including provisional
relief) that the President is authorized to provide under thissection with respect to imports of an article is as follows:
(A) The suspension of any further reduction provided
for under Annex IV of the Agreement in the duty imposedon 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 reliefis provided; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before thedate on which the Agreement enters into force.(C) In the case of a duty applied on a seasonal basis
to such article, an increase in the rate of duty imposedon the article to a level that does not exceed the lesserof—
(i) the column 1 general rate of duty imposed under
the HTS on like articles for the immediately precedingcorresponding season; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before thedate on which the Agreement enters into force.
(2) P
ROGRESSIVE LIBERALIZATION .—If the period for which
import relief is provided under this section is greater than1 year, the President shall provide for the progressive liberaliza-tion of such relief at regular intervals during the period inwhich the relief is in effect.(d) P
ERIOD OF RELIEF .—
(1) I N GENERAL .—Subject to paragraph (2), any import relief
that the President provides under this section may not bein effect for more than 3 years.
(2) E
XTENSION .—
(A) I N GENERAL .—Subject to subparagraph (C), the
President, after receiving an affirmative determinationfrom the Commission under subparagraph (B), may extendthe effective period of any import relief provided underthis section if the President determines that—
(i) the import relief continues to be necessary to
remedy or prevent serious injury and to facilitateadjustment by the domestic industry to import competi-tion; and
(ii) there is evidence that the industry is making
a positive adjustment to import competition.(B) A
CTION BY COMMISSION .—(i) Upon a petition on
behalf of the industry concerned that is filed with theCommission not earlier than the date which is 9 months,and not later than the date which is 6 months, beforeDeadline.President.
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the date any action taken under subsection (a) is to termi-
nate, the Commission shall conduct an investigation todetermine whether action under this section continues tobe necessary to remedy or prevent serious injury and tofacilitate adjustment by the domestic industry to importcompetition and whether there is evidence that the industryis making a positive adjustment to import competition.
(ii) The Commission shall publish notice of the
commencement of any proceeding under this subparagraphin the Federal Register and shall, within a reasonabletime 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 respondto the presentations of other parties and consumers, andotherwise 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 actionunder subsection (a) is to terminate, unless the Presidentspecifies a different date.
(C) P
ERIOD OF IMPORT RELIEF .—Any import relief pro-
vided under this section, including any extensions thereof,may not, in the aggregate, be in effect for more than5 years.
(e) R
ATEAFTER TERMINATION OF IMPORT RELIEF .—When import
relief under this section is terminated with respect to an article,the rate of duty on that article shall be the rate that would havebeen in effect, but for the provision of such relief, on the dateon which the relief terminates.
(f) A
RTICLES EXEMPT FROM RELIEF .—No import relief may be
provided under this section on any article that—
(1) is subject to an assessment of additional duty under
section 202(b); or
(2) has been subject to import relief under this subtitle
after the date on which the Agreement enters into force.
SEC. 314. TERMINATION OF RELIEF AUTHORITY.
(a) G ENERAL RULE.—Subject to subsection (b), no import relief
may be provided under this subtitle with respect to a good afterthe date that is 5 years after the date on which duty-free treatmentmust be provided by the United States to that good pursuantto Annex IV of the Agreement.
(b) P
RESIDENTIAL DETERMINATION .—Import relief may be pro-
vided under this subtitle in the case of a Moroccan article afterthe date on which such relief would, but for this subsection, termi-nate under subsection (a), if the President determines that Moroccohas consented to such relief.
SEC. 315. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19
U.S.C. 2133), any import relief provided by the President undersection 313 shall be treated as action taken under chapter 1 oftitle 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’’; and19 USC 3805note.19 USC 3805
note.19 USC 3805
note.Reports.
Deadline.Notice.
Federal Register,publication.Publicinformation.
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(2) by inserting before the period at the end ‘‘, and title
III of the United States-Morocco Free Trade AgreementImplementation Act’’.
Subtitle B—Textile and Apparel Safeguard
Measures
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
(a) I NGENERAL .—A request under this subtitle for the purpose
of adjusting to the obligations of the United States under theAgreement may be filed with the President by an interested party.Upon the filing of a request, the President shall review the requestto determine, from information presented in the request, whetherto commence consideration of the request.
(b) P
UBLICATION OF REQUEST .—If the President determines that
the request under subsection (a) provides the information necessaryfor the request to be considered, the President shall cause to bepublished in the Federal Register a notice of commencement ofconsideration of the request, and notice seeking public commentsregarding the request. The notice shall include a summary of therequest and the dates by which comments and rebuttals must
be received.
SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
(a) D ETERMINATION .—
(1) I N GENERAL .—If a positive determination is made under
section 321(b), the President shall determine whether, as aresult of the reduction or elimination of a duty under theAgreement, a Moroccan textile or apparel article is beingimported into the United States in such increased quantities,in absolute terms or relative to the domestic market for thatarticle, and under such conditions as to cause serious damage,or actual threat thereof, to a domestic industry producing anarticle that is like, or directly competitive with, the importedarticle.
(2) S
ERIOUS 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, utilizationof capacity, inventories, market share, exports, wages,employment, domestic prices, profits, and investment, noneof which is necessarily decisive; and
(B) shall not consider changes in technology or con-
sumer preference as factors supporting a determinationof serious damage or actual threat thereof.
(b) P
ROVISION OF RELIEF .—
(1) I N GENERAL .—If a determination under subsection (a)
is affirmative, the President may provide relief from importsof the article that is the subject of such determination, asdescribed in paragraph (2), to the extent that the Presidentdetermines necessary to remedy or prevent the serious damageand to facilitate adjustment by the domestic industry to importcompetition.
(2) N
ATURE OF RELIEF .—The relief that the President is
authorized to provide under this subsection with respect toPresident.19 USC 3805note.Notice.
Federal Register,publication.President.
19 USC 3805note.
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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 reliefis provided; or
(B) the column 1 general rate of duty imposed under
the HTS on like articles on the day before the date onwhich the Agreement enters into force.
SEC. 323. PERIOD OF RELIEF.
(a) I NGENERAL .—Subject to subsection (b), the import relief
that the President provides under subsection (b) of section 322may not, in the aggregate, be in effect for more than 3 years.
(b) E
XTENSION .—
(1) I NGENERAL .—Subject to paragraph (2), the President
may extend the effective period of any import relief providedunder this subtitle for a period of not more than 2 years,if the President determines that—
(A) the import relief continues to be necessary to
remedy or prevent serious damage and to facilitate adjust-ment by the domestic industry to import competition; and
(B) there is evidence that the industry is making a
positive adjustment to import competition.(2) L
IMITATION .—Any relief provided under this subtitle,
including any extensions thereof, may not, in the aggregate,be in effect for more than 5 years.
SEC. 324. ARTICLES EXEMPT FROM RELIEF.
The President may not provide import relief under this subtitle
with respect to any article if—
(1) the article has been subject to import relief under
this subtitle after the date on which the Agreement entersinto force; or
(2) the article is subject to import relief under chapter
1 of title II of the Trade Act of 1974.
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
When import relief under this subtitle is terminated with
respect to an article, the rate of duty on that article shall be
the rate that would have been in effect, but for the provisionof such relief, on the date on which the relief terminates.
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 10 years after thedate on which duties on the article are eliminated pursuant tothe 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 underthis subtitle shall be treated as action taken under chapter 1of title II of such Act.
SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
The President may not release information which is submitted
in a proceeding under this subtitle and which the President con-siders to be confidential business information unless the partysubmitting the confidential business information had notice, at19 USC 3805note.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.
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LEGISLATIVE HISTORY—H.R. 4842 (S. 2677):
HOUSE REPORTS: No. 108–627 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 22, considered and passed House and Senate.the time of submission, that such information would be released,or such party subsequently consents to the release of the informa-tion. To the extent a party submits confidential business informationto the President in a proceeding under this subtitle, the partyalso shall submit a nonconfidential version of the information, inwhich the confidential business information is summarized or, ifnecessary, deleted.
Approved August 17, 2004.
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