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US (United States) Code. Title 19. Chapter 21: North American free trade

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19 USC CHAPTER 21 - NORTH AMERICAN FREE TRADE 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

-HEAD-

CHAPTER 21 - NORTH AMERICAN FREE TRADE

-MISC1-

Sec.

3301. Definitions.

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

3311. Approval and entry into force of North American Free Trade

Agreement.

(a) Approval of Agreement and statement of

administrative action.

(b) Conditions for entry into force of Agreement.

3312. Relationship of Agreement to United States and State law.

(a) Relationship of Agreement to United States law.

(b) Relationship of Agreement to State law.

remedies.

3313. Consultation and layover requirements for, and effective date

of, proclaimed actions.

(a) Consultation and layover requirements.

(b) Effective date of certain proclaimed actions.

3314. Implementing actions in anticipation of entry into force and

initial regulations.

(a) Implementing actions.

(b) Initial regulations.

3315. United States Section of NAFTA Secretariat.

(a) Establishment of United States Section.

(b) Authorization of appropriations.

3316. Appointments to chapter 20 panel proceedings.

(a) Consultation.

(b) Selection of individuals with environmental

expertise.

3317. Congressional intent regarding future accessions.

(a) In general.

(b) Future free trade area negotiations.

SUBCHAPTER II - CUSTOMS PROVISIONS

3331. Tariff modifications.

(a) Tariff modifications provided for in Agreement.

(b) Other tariff modifications.

textiles.

3332. Rules of origin.

(a) Originating goods.

(b) Regional value-content.

(d) Accumulation.

(e) De minimis amounts of nonoriginating materials.

(f) Fungible goods and materials.

(g) Accessories, spare parts, or tools.

(h) Indirect materials.

(i) Packaging materials and containers for retail

sale.

(j) Packing materials and containers for shipment.

(k) Transshipment.

(l) Nonqualifying operations.

(m) Interpretation and application.

(n) Origin of automatic data processing goods.

(o) Special rule for certain agricultural products.

(p) Definitions.

(q) Presidential proclamation authority.

3333. Drawback.

(a) ''Good subject to NAFTA drawback'' defined.

(b), (c) Omitted.

(d) Elimination of drawback for fees under section

624 of title 7.

(e) Inapplicability to countervailing and antidumping

duties.

3334. Prohibition on drawback for television picture tubes.

3335. Monitoring of television and picture tube imports.

(a) Monitoring.

(b) Report to Trade Representative.

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

PART A - SAFEGUARDS

SUBPART 1 - RELIEF FROM IMPORTS BENEFITING FROM AGREEMENT

3351. Definitions.

3352. Commencing of action for relief.

(a) Filing of petition.

(b) Investigation and determination.

(d) Articles exempt from investigation.

3353. International Trade Commission action on petition.

(a) Determination.

(b) Additional finding and recommendation if

determination affirmative.

(d) Public notice.

(e) Applicable provisions.

3354. Provision of relief.

(a) In general.

(b) Exception.

(d) Period of relief.

(e) Rate on Mexican articles after termination of

import relief.

3355. Termination of relief authority.

(a) General rule.

(b) Exception.

3356. Compensation authority.

3357. Submission of petitions.

3358. Price-based snapback for frozen concentrated orange juice.

(a) Trigger price determination.

(b) Imports of Mexican articles.

(d) Definitions.

SUBPART 2 - RELIEF FROM IMPORTS FROM ALL COUNTRIES

3371. NAFTA article impact in import relief cases under Trade Act

of 1974.

(a) In general.

(b) Factors.

3372. Presidential action regarding NAFTA imports.

(a) In general.

(b) Exclusion of NAFTA imports.

(d) Condition applicable to quantitative

restrictions.

SUBPART 3 - GENERAL PROVISIONS

3381. Monitoring.

3382. Procedures concerning conduct of International Trade

Commission Investigations.

PART B - AGRICULTURE

3391. Agriculture.

(a) Omitted.

(b) Section 624 of title 7.

(d) Peanuts.

(e) Fresh fruits, vegetables, and cut flowers.

(f) End-use certificates.

(g) Omitted.

(h) Assistance for affected farmworkers.

(i) Biennial report on effects of Agreement on

American agriculture.

PART C - TEMPORARY ENTRY OF BUSINESS PERSONS

3401. Nonimmigrant traders and investors.

PART D - STANDARDS

SUBPART 1 - STANDARDS AND MEASURES

3411. Transportation.

SUBPART 2 - AGRICULTURAL STANDARDS

3421. Agricultural standards.

(a) to (f) Omitted.

(g) Peanut butter and peanut paste.

(h) Animal health biocontainment facility.

(i) Reports on inspection of imported meat, poultry,

other foods, animals, and plants.

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

PART A - ORGANIZATIONAL, ADMINISTRATIVE, AND PROCEDURAL PROVISIONS

REGARDING IMPLEMENTATION OF CHAPTER 19 OF AGREEMENT

3431. References in part.

3432. Organizational and administrative provisions.

(a) Criteria for selection of individuals to serve on

panels and committees.

(b) Selection of certain judges to serve on panels

and committees.

(d) Selection and appointment.

(e) Transition.

(f) Immunity.

(g) Regulations.

(h) Report to Congress.

3433. Testimony and production of papers in extraordinary

challenges.

(a) Authority of extraordinary challenge committee to

obtain information.

(b) Witnesses and evidence.

(d) Depositions.

3434. Requests for review of determinations by competent

investigating authorities of NAFTA countries.

(a) Definitions.

(b) Requests for review by United States.

(d) Service of request for review.

3435. Rules of procedure for panels and committees.

(a) Rules of procedure for binational panels.

(b) Rules of procedure for extraordinary challenge

committees.

system.

(d) Publication of rules.

(e) Administering authority.

3436. Subsidy negotiations.

3437. Identification of industries facing subsidized imports.

(a) Petitions.

(b) Identification of industry.

(d) Initiation of action under other law.

(e) Effect of decisions.

(f) Standing.

3438. Treatment of amendments to antidumping and countervailing

duty law.

PART B - GENERAL PROVISIONS

3451. Effect of termination of NAFTA country status.

(a) In general.

(b) Transition provisions.

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

PART A - PROVISIONS RELATING TO PERFORMANCE UNDER AGREEMENT

3461. Discriminatory taxes.

3462. Review of operation and effects of Agreement.

(a) Study.

(b) Scope.

(d) Recommendations of certain committees.

3463. Report on impact of NAFTA on motor vehicle exports to Mexico.

(a) Findings.

(b) Trade Representative report.

PART B - IMPLEMENTATION OF NAFTA SUPPLEMENTAL AGREEMENTS

3471. Agreement on Labor Cooperation.

(a) Commission for Labor Cooperation.

(b) Definitions.

3472. Agreement on Environmental Cooperation.

(a) Commission for Environmental Cooperation.

(b) Definitions.

3473. Agreement on Border Environment Cooperation Commission.

(a) Border Environment Cooperation Commission.

(b) Civil actions involving Commission.

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19 USC Sec. 3301 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

-HEAD-

Sec. 3301. Definitions

-STATUTE-

For purposes of this Act:

(1) Agreement

The term ''Agreement'' means the North American Free Trade

Agreement approved by the Congress under section 3311(a) of this

title.

(2) HTS

The term ''HTS'' means the Harmonized Tariff Schedule of the

United States.

(3) Mexico

Any reference to Mexico shall be considered to be a reference

to the United Mexican States.

(4) NAFTA country

Except as provided in section 3332 of this title, the term

''NAFTA country'' means -

(A) Canada for such time as the Agreement is in force with

respect to, and the United States applies the Agreement to,

Canada; and

(B) Mexico for such time as the Agreement is in force with

respect to, and the United States applies the Agreement to,

Mexico.

(5) International Trade Commission

The term ''International Trade Commission'' means the United

States International Trade Commission.

(6) Trade Representative

The term ''Trade Representative'' means the United States Trade

Representative.

-SOURCE-

(Pub. L. 103-182, Sec. 2, Dec. 8, 1993, 107 Stat. 2060.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-182, Dec. 8, 1993,

107 Stat. 2057, known as the North American Free Trade Agreement

Implementation Act. For complete classification of this Act to the

Code, see Short Title note set out below and Tables.

The North American Free Trade Agreement, referred to in par. (1),

is not set out in the Code.

The Harmonized Tariff Schedule of the United States, referred to

in par. (2), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

SHORT TITLE

Section 1(a) of Pub. L. 103-182 provided that: ''This Act (see

Tables for classification) may be cited as the 'North American Free

Trade Agreement Implementation Act'.''

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The North American Free Trade Agreement Implementation Act is

referred to in sections 1313, 1516a, 2252 of this title; title 6

section 212.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58c, 81c, 1304, 1311,

1312, 1313, 1509, 1562, 1592, 1628, 2578b of this title; title 35

section 104.

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19 USC SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS

RELATING TO, NORTH AMERICAN FREE TRADE

AGREEMENT 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

-HEAD-

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

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19 USC Sec. 3311 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

-HEAD-

Sec. 3311. Approval and entry into force of North American Free

Trade Agreement

-STATUTE-

(a) Approval of Agreement and statement of administrative action

Pursuant to section 2903 of this title and section 2191 of this

title, the Congress approves -

(1) the North American Free Trade Agreement entered into on

December 17, 1992, with the Governments of Canada and Mexico and

submitted to the Congress on November 4, 1993; and

(2) the statement of administrative action proposed to

implement the Agreement that was submitted to the Congress on

November 4, 1993.

(b) Conditions for entry into force of Agreement

The President is authorized to exchange notes with the Government

of Canada or Mexico providing for the entry into force, on or after

January 1, 1994, of the Agreement for the United States with

respect to such country at such time as -

(1) the President -

(A) determines that such country has implemented the

statutory changes necessary to bring that country into

compliance with its obligations under the Agreement and has

made provision to implement the Uniform Regulations provided

for under article 511 of the Agreement regarding the

interpretation, application, and administration of the rules of

origin, and

(B) transmits a report to the House of Representatives and

the Senate setting forth the determination under subparagraph

(A) and including, in the case of Mexico, a description of the

specific measures taken by that country to -

(i) bring its laws into conformity with the requirements of

the Schedule of Mexico in Annex 1904.15 of the Agreement, and

(ii) otherwise ensure the effective implementation of the

binational panel review process under chapter 19 of the

Agreement regarding final antidumping and countervailing duty

determinations; and

(2) the Government of such country exchanges notes with the

United States providing for the entry into force of the North

American Agreement on Environmental Cooperation and the North

American Agreement on Labor Cooperation for that country and the

United States.

-SOURCE-

(Pub. L. 103-182, title I, Sec. 101, Dec. 8, 1993, 107 Stat. 2061.)

-MISC1-

EFFECTIVE DATE; TERMINATION OF NAFTA STATUS

Section 109 of title I of Pub. L. 103-182 provided that:

''(a) Effective Dates. -

''(1) In general. - This title (enacting this subchapter and

amending provisions set out as a note under section 2112 of this

title) (other than the amendment made by section 107 (amending

provisions set out as a note under section 2112 of this title))

takes effect on the date of the enactment of this Act (Dec. 8,

1993).

''(2) Section 107 amendment. - The amendment made by section

107 takes effect on the date the Agreement enters into force

between the United States and Canada (Jan. 1, 1994).

''(b) Termination of NAFTA Status. - During any period in which a

country ceases to be a NAFTA country, sections 101 through 106

(enacting this section and sections 3312 to 3316 of this title)

shall cease to have effect with respect to such country.''

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

A Presidential Memorandum on the Implementation of the North

American Free Trade Agreement, dated Dec. 27, 1993, directing the

Secretary of State to exchange notes with the Government of Canada

and the Government of Mexico to provide for the entry into force of

the Agreement on Jan. 1, 1994, is set out in 29 Weekly Compilation

of Presidential Documents 2641, Jan. 3, 1994.

-EXEC-

EX. ORD. NO. 12889. IMPLEMENTATION OF NORTH AMERICAN FREE TRADE

AGREEMENT

Ex. Ord. No. 12889, Dec. 27, 1993, 58 F.R. 69681, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the North

American Free Trade Agreement Implementation Act (Public Law

103-182, 107 Stat. 2057) (the NAFTA Implementation Act) (see Short

Title note set out under section 3301 of this title) and section

302 of title 3, United States Code, and in order to implement the

North American Free Trade Agreement (NAFTA), it is hereby ordered:

Section 1. Establishment of United States Section of the NAFTA

Secretariat. Pursuant to section 105(a) of the NAFTA Implementation

Act (19 U.S.C. 3315(a)), a United States section of the NAFTA

Secretariat shall be established within the Department of Commerce

and shall carry out the functions set out in that section.

Sec. 2. Acceptance by the President of Panel and Committee

Decisions. Pursuant to subparagraph 516A(g)(7)(B) of the Tariff Act

of 1930, as amended, 19 U.S.C. 1516a(g)(7)(B), in the event that

the provisions of that subparagraph take effect, I accept, as a

whole, all decisions of binational panels and extraordinary

challenge committees.

Sec. 3. Implementation of Safeguard Provisions for Textile and

Apparel Goods. Pursuant to section 201 of the NAFTA Implementation

Act (19 U.S.C. 3331), the Committee for the Implementation of

Textile Agreements (the Committee) shall take such action as

necessary to implement the bilateral safeguard provisions (tariff

actions) set out in section 4 of Annex 300-B of the NAFTA. The

United States Customs Service shall take such actions to carry out

those safeguard provisions as directed by the Secretary of the

Treasury, upon the advice and recommendation of the Chairman of the

Committee.

Sec. 4. Publication of Proposed Rules regarding Technical

Regulations and Sanitary and Phytosanitary Measures. (a) In

accordance with Articles 718 and 909 of the NAFTA, each agency

subject to the provisions of the Administrative Procedure Act, as

amended (5 U.S.C. 551 et seq.), shall, in applying section 553 of

title 5, United States Code, with respect to any proposed Federal

technical regulation or any Federal sanitary or phytosanitary

measure of general application, other than a regulation issued

pursuant to section 104(a) of the NAFTA Implementation Act (19

U.S.C. 3314(a)), publish or serve notice of such regulation or

measure not less than 75 days before the comment due date, except:

(1) in the case of a technical regulation relating to

perishable goods, in which case the agency shall, to the greatest

extent practicable, publish or serve notice at least 30 days

prior to adoption of such regulation;

(2) in the case of a technical regulation, where the United

States considers it necessary to address an urgent problem

relating to safety or to protection of human, animal or plant

life or health, the environment or consumers; or

(3) in the case of a sanitary or phytosanitary measure, where

the United States considers it necessary to address an urgent

problem relating to sanitary or phytosanitary protection.

(b) For purposes of this section, the term ''sanitary or

phytosanitary measure'' shall be defined in accordance with section

463 of the Trade Agreements Act of 1979 (19 U.S.C. 2575b), and

''technical regulation'' shall be defined in accordance with

section 473 of the Trade Agreements Act of 1979 (19 U.S.C. 2576b).

12662 of December 31, 1988 (19 U.S.C. 2112 note).

Sec. 5. Government Procurement Procedures. (a) Waiver.

(1) With respect to eligible products (as defined in section

381(c) of the NAFTA Implementation Act (amending section 2518(4)(A)

of this title)) of Canada and Mexico, and suppliers of such

products, the application of any law, regulation, procedure, or

practice regarding Federal Government procurement that would, if

applied to such products or suppliers, result in treatment less

favorable than the most favorable treatment accorded:

(A) to United States products and services and suppliers of

such products and services; or

(B) to eligible products of either Mexico or Canada, shall be

waived.

(2) This waiver shall be applied by all executive agencies listed

in Annexes 1 and 2 of this Executive order in consultation with,

and when deemed necessary at the direction of, the United States

Trade Representative (Trade Representative).

(b) The Secretary of Defense, or his designee, in consultation

with the Trade Representative, shall be responsible for

determinations under Article 1018(1), pursuant to Annex

1001.1b-1(A)(4), of the NAFTA. The Secretary of Defense, or his

designee, and the Trade Representative shall establish procedures

for this purpose.

procure eligible products in compliance with the procedural

provisions of Chapter 10 of the NAFTA.

(d) The Trade Representative shall be responsible for calculating

and adjusting the threshold as required by Article 1001(1)(c) of

the NAFTA.

(e) This order shall apply only to solicitations issued on or

after the date of entry into force of the NAFTA for the United

States.

(f) Although regulatory implementation of this order must await

revisions to the Federal Acquisitions Regulation (FAR), it is

expected that agencies listed in Annexes 1 and 2 of this order will

take all appropriate actions in the interim to implement those

aspects of the order that are not dependent upon regulatory

revision.

(g) Pursuant to section 25 of the Office of Federal Procurement

Policy Act, as amended (41 U.S.C. 421(a)), the Federal Acquisition

Regulatory Council shall ensure that the policies established

herein are incorporated in the FAR within 30 days from the date

this order is issued.

Sec. 6. Government Use of Patented Technology. (a) Each agency

shall, within 30 days from the date this order is issued, modify or

adopt procedures to ensure compliance with Article 1709(10) of the

NAFTA regarding notice when patented technology is used by or for

the Federal Government without a license from the owner, except

that the requirement of Article 1709(10)(b) regarding reasonable

efforts to obtain advance authorization from the patent owner:

(1) is hereby waived for an invention used or manufactured by

or for the Federal Government, except that the patent owner must

be notified whenever the agency or its contractor, without making

a patent search, knows or has demonstrable reasonable grounds to

know that an invention described in and covered by a valid United

States patent is or will be used or manufactured without a

license; and

(2) is waived whenever a national emergency or other

circumstances of extreme urgency exists, except that the patent

owner must be notified as soon as it is reasonably practicable to

do so.

(b) Agencies shall treat the term ''remuneration'' as used in

Articles 1709(10)(h) and (j) and 1715 of the NAFTA as equivalent to

''reasonable and entire compensation'' as used in section 1498 of

title 28, United States Code.

order regarding enforceable rights, nothing in this order is

intended to suggest that the giving of notice to a patent owner

under Article 1709(10) of the NAFTA constitutes an admission that

the Federal Government has infringed a valid privately-owned

patent.

Sec. 7. Judicial Review. This order does not create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

Sec. 8. Effective Date. This order shall take effect upon the

date of entry into force of the NAFTA for the United States.

William J. Clinton.

ANNEX 1

Department of Agriculture

Department of Commerce

Department of Defense

Department of Education

Department of Energy

Department of Health and Human Services

Department of Housing and Urban Development

Department of the Interior

Department of Justice

Department of Labor

Department of State

Department of Transportation

Department of the Treasury

United States Agency for International Development

General Services Administration

National Aeronautics and Space Administration

Department of Veterans Affairs

Environmental Protection Agency

United States Information Agency

National Science Foundation

Panama Canal Commission

Executive Office of the President

Farm Credit Administration

National Credit Union Administration

Merit Systems Protection Board

ACTION Agency

United States Arms Control and Disarmament Agency

Office of Thrift Supervision

Federal Housing Finance Board

National Labor Relations Board

National Mediation Board

Railroad Retirement Board

American Battle Monuments Commission

Federal Communications Commission

Federal Trade Commission

Interstate Commerce Commission

Securities and Exchange Commission

Office of Personnel Management

United States International Trade Commission

Export-Import Bank of the United States

Federal Mediation and Conciliation Service

Selective Service System

Smithsonian Institution

Federal Deposit Insurance Corporation

Consumer Product Safety Commission

Equal Employment Opportunity Commission

Federal Maritime Commission

National Transportation Safety Board

Nuclear Regulatory Commission

Overseas Private Investment Corporation

Administrative Conference of the United States

Board for International Broadcasting

Commission on Civil Rights

Commodity Futures Trading Commission

Peace Corps

National Archives and Records Administration

ANNEX 2

The Power Marketing Administrations of the Department of Energy

Tennessee Valley Authority

St. Lawrence Seaway Development Corporation

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

(For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of Title 22, Foreign Relations and

Intercourse.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3301, 3314, 3317 of this

title.

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19 USC Sec. 3312 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

-HEAD-

Sec. 3312. Relationship of Agreement to United States and State law

-STATUTE-

(a) Relationship of Agreement to United States law

(1) United States law to prevail in conflict

No provision of the Agreement, nor the application of any such

provision to any person or circumstance, which is inconsistent

with any law of the United States shall have effect.

(2) Construction

Nothing in this Act shall be construed -

(A) to amend or modify any law of the United States,

including any law regarding -

(i) the protection of human, animal, or plant life or

health,

(ii) the protection of the environment, or

(iii) motor carrier or worker safety; or

(B) to limit any authority conferred under any law of the

United States, including section 2411 of this title;

unless specifically provided for in this Act.

(b) Relationship of Agreement to State law

(1) Federal-State consultation

(A) In general

On December 8, 1993, the President shall, through the

intergovernmental policy advisory committees on trade

established under section 2114c(2)(A) of this title, consult

with the States for the purpose of achieving conformity of

State laws and practices with the Agreement.

(B) Federal-State consultation process

The Trade Representative shall establish within the Office of

the United States Trade Representative a Federal-State

consultation process for addressing issues relating to the

Agreement that directly relate to, or will potentially have a

direct impact on, the States. The Federal-State consultation

process shall include procedures under which -

(i) the Trade Representative will assist the States in

identifying those State laws that may not conform with the

Agreement but may be maintained under the Agreement by reason

of being in effect before the Agreement entered into force;

(ii) the States will be informed on a continuing basis of

matters under the Agreement that directly relate to, or will

potentially have a direct impact on, the States;

(iii) the States will be provided opportunity to submit, on

a continuing basis, to the Trade Representative information

and advice with respect to matters referred to in clause

(ii);

(iv) the Trade Representative will take into account the

information and advice received from the States under clause

(iii) when formulating United States positions regarding

matters referred to in clause (ii); and

(v) the States will be involved (including involvement

through the inclusion of appropriate representatives of the

States) to the greatest extent practicable at each stage of

the development of United States positions regarding matters

referred to in clause (ii) that will be addressed by

committees, subcommittees, or working groups established

under the Agreement or through dispute settlement processes

provided for under the Agreement.

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the Federal-State consultation process established by

this paragraph.

(2) Legal challenge

No State law, or the application thereof, may be declared

invalid as to any person or circumstance on the ground that the

provision or application is inconsistent with the Agreement,

except in an action brought by the United States for the purpose

of declaring such law or application invalid.

(3) ''State law'' defined

For purposes of this subsection, 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.

No person other than the United States -

(1) shall have any cause of action or defense under -

(A) the Agreement or by virtue of Congressional approval

thereof, or

(B) the North American Agreement on Environmental Cooperation

or the North American Agreement on Labor Cooperation; or

(2) may challenge, in any action brought under any provision of

law, any action or inaction by any department, agency, or other

instrumentality of the United States, any State, or any political

subdivision of a State on the ground that such action or inaction

is inconsistent with the Agreement, the North American Agreement

on Environmental Cooperation, or the North American Agreement on

Labor Cooperation.

-SOURCE-

(Pub. L. 103-182, title I, Sec. 102, Dec. 8, 1993, 107 Stat. 2062.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a)(2), is Pub. L. 103-182, Dec.

8, 1993, 107 Stat. 2057, known as the North American Free Trade

Agreement Implementation Act. For complete classification of this

Act to the Code, see Short Title note set out under section 3301 of

this title and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(b)(1), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

-MISC2-

TERMINATION OF NAFTA STATUS

Section to cease to have effect with respect to any country

during any period in which such country ceases to be a NAFTA

country, see section 109(b) of Pub. L. 103-182, set out as an

Effective Date; Termination of NAFTA Status note under section 3311

of this title.

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19 USC Sec. 3313 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

-HEAD-

Sec. 3313. Consultation and layover requirements for, and effective

date of, proclaimed actions

-STATUTE-

(a) Consultation and layover requirements

If a provision of this Act provides that the implementation of an

action by the President by proclamation is subject to the

consultation and layover requirements of this section, such action

may be proclaimed only if -

(1) the President has obtained advice regarding the proposed

action from -

(A) the appropriate advisory committees established under

section 2155 of this title, and

(B) the International Trade Commission;

(2) the President has submitted a report to the Committee on

Ways and Means of the House of Representatives and the Committee

on Finance of the Senate that sets forth -

(A) the action proposed to be proclaimed and the reasons

therefor, and

(B) the advice obtained under paragraph (1);

(3) a period of 60 calendar days, beginning with the first day

on which the President has met the requirements of paragraphs (1)

and (2) with respect to such action, has expired; and

(4) the President has consulted with such Committees regarding

the proposed action during the period referred to in paragraph

(3).

(b) Effective date of certain proclaimed actions

Any action proclaimed by the President under the authority of

this Act that is not subject to the consultation and layover

requirements under subsection (a) of this section may not take

effect before the 15th day after the date on which the text of the

proclamation is published in the Federal Register.

-SOURCE-

(Pub. L. 103-182, title I, Sec. 103, Dec. 8, 1993, 107 Stat. 2063.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-182, Dec. 8, 1993,

107 Stat. 2057, known as the North American Free Trade Agreement

Implementation Act. For complete classification of this Act to the

Code, see Short Title note set out under section 3301 of this title

and Tables.

-TRANS-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Sept. 29, 1995, 60

F.R. 52061, provided:

Memorandum for the United States Trade Representative

By virtue of the authority vested in me as President by the

Constitution and laws of the United States, including section 301

of title 3 of the United States Code, you are hereby delegated the

authority set forth in section 103(a) of the North American Free

Trade Agreement Implementation Act (''NAFTA Act'') (19 U.S.C.

3313(a)) and section 115 of the Uruguay Round Agreements Act

(''Uruguay Round Act'') (19 U.S.C. 3524) to perform certain

functions in order to fulfill the consultation and layover

requirements set forth in those provisions, including:

(1) obtaining advice from the appropriate advisory committees and

the U.S. International Trade Commission on the proposed

implementation of an action by Presidential proclamation;

(2) submitting a report on such action to the House Ways and

Means and Senate Finance Committees; and

(3) consulting with such committees during the 60-day period

following the date on which the requirements under (1) and (2) have

been met.

The President retains the sole authority under the NAFTA Act

(Pub. L. 103-182, see Tables for classification) and Uruguay Round

Act (Pub. L. 103-465, see Tables for classification) to implement

an action by proclamation after the consultation and layover

requirements set forth in section 103(a)(1) through (4) and section

115 of such Acts, respectively, have been met.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

-MISC5-

TERMINATION OF NAFTA STATUS

Section to cease to have effect with respect to any country

during any period in which such country ceases to be a NAFTA

country, see section 109(b) of Pub. L. 103-182, set out as an

Effective Date; Termination of NAFTA Status note under section 3311

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3314, 3331, 3332 of this

title.

-CITE-

19 USC Sec. 3314 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

-HEAD-

Sec. 3314. Implementing actions in anticipation of entry into force

and initial regulations

-STATUTE-

(a) Implementing actions

After December 8, 1993 -

(1) the President may proclaim such actions; and

(2) other appropriate officers of the United States Government

may issue such regulations;

as may be necessary to ensure that any provision of this Act, or

amendment made by this Act, that takes effect on the date the

Agreement enters into force is appropriately implemented on such

date, but no such proclamation or regulation may have an effective

date earlier than the date of entry into force. The 15-day

restriction in section 3313(b) of this title on the taking effect

of proclaimed actions is waived to the extent that the application

of such restriction would prevent the taking effect on the date the

Agreement enters into force of any action proclaimed under this

section.

(b) Initial regulations

Initial regulations necessary or appropriate to carry out the

actions proposed in the statement of administrative action

submitted under section 3311(a)(2) of this title to implement the

Agreement shall, to the maximum extent feasible, be issued within 1

year after the date of entry into force of the Agreement; except

that interim or initial regulations to implement those Uniform

Regulations regarding rules of origin provided for under article

511 of the Agreement shall be issued no later than the date of

entry into force of the Agreement. In the case of any implementing

action that takes effect on a date after the date of entry into

force of the Agreement, initial regulations to carry out that

action shall, to the maximum extent feasible, be issued within 1

year after such effective date.

-SOURCE-

(Pub. L. 103-182, title I, Sec. 104, Dec. 8, 1993, 107 Stat. 2064.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 103-182, Dec. 8,

1993, 107 Stat. 2057, known as the North American Free Trade

Agreement Implementation Act. For complete classification of this

Act to the Code, see Short Title note set out under section 3301 of

this title and Tables.

-MISC2-

TERMINATION OF NAFTA STATUS

Section to cease to have effect with respect to any country

during any period in which such country ceases to be a NAFTA

country, see section 109(b) of Pub. L. 103-182, set out as an

Effective Date; Termination of NAFTA Status note under section 3311

of this title.

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-CITE-

19 USC Sec. 3315 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

-HEAD-

Sec. 3315. United States Section of NAFTA Secretariat

-STATUTE-

(a) Establishment of United States Section

The President is authorized to establish within any department or

agency of the United States Government a United States Section of

the Secretariat established under chapter 20 of the Agreement. The

United States Section, subject to the oversight of the interagency

group established under section 3432 of this title, shall carry out

its functions within the Secretariat to facilitate the operation of

the Agreement, including the operation of chapters 19 and 20 of the

Agreement and the work of the panels, extraordinary challenge

committees, special committees, and scientific review boards

convened under those chapters. The United States Section may not

be considered to be an agency for purposes of section 552 of title

(b) Authorization of appropriations

There are authorized to be appropriated for each fiscal year

after fiscal year 1993 to the department or agency within which the

United States Section is established the lesser of -

(1) such sums as may be necessary; or

(2) $2,000,000;

for the establishment and operations of the United States Section

and for the payment of the United States share of the expenses of

binational panels and extraordinary challenge committees convened

under chapter 19, and of the expenses incurred in dispute

settlement proceedings under chapter 20, of the Agreement.

If, in accordance with Annex 2002.2 of the Agreement, the

Canadian Section or the Mexican Section of the Secretariat provides

funds to the United States Section during any fiscal year, as

reimbursement for expenses by the Canadian Section or the Mexican

Section in connection with settlement proceedings under chapter 19

or 20 of the Agreement, the United States Section may retain and

use such funds to carry out the functions described in subsection

(a) of this section.

-SOURCE-

(Pub. L. 103-182, title I, Sec. 105, Dec. 8, 1993, 107 Stat. 2064.)

-MISC1-

TERMINATION OF NAFTA STATUS

Section to cease to have effect with respect to any country

during any period in which such country ceases to be a NAFTA

country, see section 109(b) of Pub. L. 103-182, set out as an

Effective Date; Termination of NAFTA Status note under section 3311

of this title.

ESTABLISHMENT OF UNITED STATES SECTION OF NAFTA SECRETARIAT

For establishment of United States Section of NAFTA Secretariat

within Department of Commerce, see section 1 of Ex. Ord. No. 12889,

Dec. 27, 1993, 58 F.R. 69681, set out as a note under section 3311

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3432 of this title.

-CITE-

19 USC Sec. 3316 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

-HEAD-

Sec. 3316. Appointments to chapter 20 panel proceedings

-STATUTE-

(a) Consultation

The Trade Representative shall consult with the Committee on Ways

and Means of the House of Representatives and the Committee on

Finance of the Senate regarding the selection and appointment of

candidates for the rosters described in article 2009 of the

Agreement.

(b) Selection of individuals with environmental expertise

The United States shall, to the maximum extent practicable,

encourage the selection of individuals who have expertise and

experience in environmental issues for service in panel proceedings

under chapter 20 of the Agreement to hear any challenge to a United

States or State environmental law.

-SOURCE-

(Pub. L. 103-182, title I, Sec. 106, Dec. 8, 1993, 107 Stat. 2065.)

-MISC1-

TERMINATION OF NAFTA STATUS

Section to cease to have effect with respect to any country

during any period in which such country ceases to be a NAFTA

country, see section 109(b) of Pub. L. 103-182, set out as an

Effective Date; Termination of NAFTA Status note under section 3311

of this title.

-CITE-

19 USC Sec. 3317 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

NORTH AMERICAN FREE TRADE AGREEMENT

-HEAD-

Sec. 3317. Congressional intent regarding future accessions

-STATUTE-

(a) In general

Section 3311(a) of this title may not be construed as conferring

Congressional approval of the entry into force of the Agreement for

the United States with respect to countries other than Canada and

Mexico.

(b) Future free trade area negotiations

(1) Findings

The Congress makes the following findings:

(A) Efforts by the United States to obtain greater market

opening through multilateral negotiations have not produced

agreements that fully satisfy the trade negotiating objectives

of the United States.

(B) United States trade policy should provide for additional

mechanisms with which to pursue greater market access for

United States exports of goods and services and opportunities

for export-related investment by United States persons.

bilateral and multilateral trade agreements that provide

greater market access for United States exports and

opportunities for export-related investment by United States

persons.

(D) The system of trade agreements can and should be

structured to be consistent with, and complementary to,

existing international obligations of the United States and

ongoing multilateral efforts to open markets.

(2) Report on significant market opening

No later than May 1, 1994, and May 1, 1997, the Trade

Representative shall submit to the President, and to the

Committee on Finance of the Senate and the Committee on Ways and

Means of the House of Representatives (hereafter in this section

referred to as the ''appropriate Congressional committees''), a

report which lists those foreign countries -

(A) that -

(i) currently provide fair and equitable market access for

United States exports of goods and services and opportunities

for export-related investment by United States persons,

beyond what is required by existing multilateral trade

agreements or obligations; or

(ii) have made significant progress in opening their

markets to United States exports of goods and services and

export-related investment by United States persons; and

(B) the further opening of whose markets has the greatest

potential to increase United States exports of goods and

services and export-related investment by United States

persons, either directly or through the establishment of a

beneficial precedent.

(3) Presidential determination

The President, on the basis of the report submitted by the

Trade Representative under paragraph (2), shall determine with

which foreign country or countries, if any, the United States

should seek to negotiate a free trade area agreement or

agreements.

(4) Recommendations on future free trade area negotiations

No later than July 1, 1994, and July 1, 1997, the President

shall submit to the appropriate Congressional committees a

written report that contains -

(A) recommendations for free trade area negotiations with

each foreign country selected under paragraph (3);

(B) with respect to each country selected, the specific

negotiating objectives that are necessary to meet the

objectives of the United States under this section; and

with the Congress and the private sector during the

negotiations, advance Congressional approval of the

negotiations recommended by the President, and Congressional

approval of any trade agreement entered into by the President

as a result of the negotiations.

(5) General negotiating objectives

The general negotiating objectives of the United States under

this section are to obtain -

(A) preferential treatment for United States goods;

(B) national treatment and, where appropriate, equivalent

competitive opportunity for United States services and foreign

direct investment by United States persons;

services by United States persons through standards, testing,

labeling, and certification requirements;

(D) nondiscriminatory government procurement policies and

practices with respect to United States goods and services;

(E) the elimination of other barriers to market access for

United States goods and services, and the elimination of

barriers to foreign direct investment by United States persons;

(F) the elimination of acts, policies, and practices which

deny fair and equitable market opportunities, including foreign

government toleration of anticompetitive business practices by

private firms or among private firms that have the effect of

restricting, on a basis that is inconsistent with commercial

considerations, purchasing by such firms of United States goods

and services;

(G) adequate and effective protection of intellectual

property rights of United States persons, and fair and

equitable market access for United States persons that rely

upon intellectual property protection;

(H) the elimination of foreign export and domestic subsidies

that distort international trade in United States goods and

services or cause material injury to United States industries;

(I) the elimination of all export taxes;

(J) the elimination of acts, policies, and practices which

constitute export targeting; and

(K) monitoring and effective dispute settlement mechanisms to

facilitate compliance with the matters described in

subparagraphs (A) through (J).

-SOURCE-

(Pub. L. 103-182, title I, Sec. 108, Dec. 8, 1993, 107 Stat. 2066.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2703 of this title; title

22 section 6062.

-CITE-

19 USC SUBCHAPTER II - CUSTOMS PROVISIONS 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-

SUBCHAPTER II - CUSTOMS PROVISIONS

-CITE-

19 USC Sec. 3331 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-

Sec. 3331. Tariff modifications

-STATUTE-

(a) Tariff modifications provided for in Agreement

(1) Proclamation authority

The President may proclaim -

(A) such modifications or continuation of any duty,

(B) such continuation of duty-free or excise treatment, or

as the President determines to be necessary or appropriate to

carry out or apply articles 302, 305, 307, 308, and 703 and

Annexes 302.2, 307.1, 308.1, 308.2, 300-B, 703.2, and 703.3 of

the Agreement.

(2) Effect on Mexican GSP status

Notwithstanding section 502(f)(2) of the Trade Act of 1974 (19

U.S.C. 2462(f)(2)), the President shall terminate the designation

of Mexico as a beneficiary developing country for purposes of

title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) on the

date of entry into force of the Agreement between the United

States and Mexico.

(b) Other tariff modifications

(1) In general

Subject to paragraph (2) and the consultation and layover

requirements of section 3313(a) of this title, the President may

proclaim -

(A) such modifications or continuation of any duty,

(B) such modifications as the United States may agree to with

Mexico or Canada regarding the staging of any duty treatment

set forth in Annex 302.2 of the Agreement,

(D) such additional duties,

as the President determines to be necessary or appropriate to

maintain the general level of reciprocal and mutually

advantageous concessions with respect to Canada or Mexico

provided for by the Agreement.

(2) Special rule for articles with tariff phaseout periods of

more than 10 years

The President may not consider a request to accelerate the

staging of duty reductions for an article for which the United

States tariff phaseout period is more than 10 years if a request

for acceleration with respect to such article has been denied in

the preceding 3 calendar years.

For purposes of subsections (a) and (b) of this section, with

respect to an article covered by Annex 300-B of the Agreement

imported from Mexico for which the base rate in the Schedule of the

United States in Annex 300-B is a specific or compound rate of

duty, the President may substitute for the base rate an ad valorem

rate that the President determines to be equivalent to the base

rate.

-SOURCE-

(Pub. L. 103-182, title II, Sec. 201, Dec. 8, 1993, 107 Stat. 2068;

Pub. L. 104-188, title I, Sec. 1954(a)(5), Aug. 20, 1996, 110 Stat.

1927.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, referred to in subsec. (a)(2), is Pub. L.

93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title V of the

Act is classified generally to subchapter V (Sec. 2461 et seq.) of

chapter 12 of this title. For complete classification of this Act

to the Code, see section 2101 of this title and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-188 substituted ''502(f)(2) of

the Trade Act of 1974'' for ''502(a)(2) of the Trade Act of 1974

(19 U.S.C. 2462(a)(2))''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-188 applicable to articles entered on or

after Oct. 1, 1996, with provisions relating to retroactive

application, see section 1953 of Pub. L. 104-188, set out as an

Effective Date note under section 2461 of this title.

EFFECTIVE DATE

Section 213 of Pub. L. 103-182 provided that:

''(a) Provisions Effective on Date of Enactment. - Section 212

(enacting provisions set out as a note under section 58c of this

title) and this section take effect on the date of the enactment of

this Act (Dec. 8, 1993).

''(b) Provisions Effective When Agreement Enters Into Force. -

Section 201, section 202, section 203(a), (d), and (e), section 210

and section 211, the amendment made by section 203(c), and the

amendments made by sections 204 through 209 (enacting this section

and sections 3332, 3333(a), (d), (e), 3334, and 3335 of this title

and amending sections 58c, 1304, 1313, 1508, 1509, 1514, 1520,

1592, and 1628 of this title) take effect on the date the Agreement

enters into force with respect to the United States (Jan. 1, 1994).

''(c) Provisions With Delayed Effective Dates. - The amendments

made by section 203(b) (amending sections 81c, 1311 to 1313, and

1562 of this title) apply -

''(1) with respect to exports from the United States to Canada

''(A) on January 1, 1996, if Canada is a NAFTA country on

that date, and

''(B) after such date for so long as Canada continues to be a

NAFTA country; and

''(2) with respect to exports from the United States to Mexico

''(A) on January 1, 2001, if Mexico is a NAFTA country on

that date; and

''(B) after such date for so long as Mexico continues to be a

NAFTA country.''

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

IMPLEMENTATION OF SAFEGUARD PROVISIONS FOR TEXTILE AND APPAREL

GOODS

The Committee for the Implementation of Textile Agreements to

implement safeguard provisions for textile and apparel goods

pursuant to this section, see section 3 of Ex. Ord. No. 12889, Dec.

27, 1993, 58 F.R. 69681, set out as a note under section 3311 of

this title.

-CITE-

19 USC Sec. 3332 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-

Sec. 3332. Rules of origin

-STATUTE-

(a) Originating goods

(1) In general

For purposes of implementing the tariff treatment and

quantitative restrictions provided for under the Agreement,

except as otherwise provided in this section, a good originates

in the territory of a NAFTA country if -

(A) the good is wholly obtained or produced entirely in the

territory of one or more of the NAFTA countries;

(B)(i) each nonoriginating material used in the production of

the good -

(I) undergoes an applicable change in tariff classification

set out in Annex 401 of the Agreement as a result of

production occurring entirely in the territory of one or more

of the NAFTA countries; or

(II) where no change in tariff classification is required,

the good otherwise satisfies the applicable requirements of

such Annex; and

(ii) the good satisfies all other applicable requirements of

this section;

more of the NAFTA countries exclusively from originating

materials; or

(D) except for a good provided for in chapters 61 through 63

of the HTS, the good is produced entirely in the territory of

one or more of the NAFTA countries, but one or more of the

nonoriginating materials, that are provided for as parts under

the HTS and are used in the production of the good, does not

undergo a change in tariff classification because -

(i) the good was imported into the territory of a NAFTA

country in an unassembled or a disassembled form but was

classified as an assembled good pursuant to General Rule of

Interpretation 2(a) of the HTS; or

(ii)(I) the heading for the good provides for and

specifically describes both the good itself and its parts and

is not further subdivided into subheadings; or

(II) the subheading for the good provides for and

specifically describes both the good itself and its parts.

(2) Special rules

(A) Foreign-trade zones

Subparagraph (B) of paragraph (1) shall not apply to a good

produced in a foreign-trade zone or subzone (established

pursuant to the Act of June 18, 1934, commonly known as the

Foreign Trade Zones Act (19 U.S.C. 81a et seq.)) that is

entered for consumption in the customs territory of the United

States.

(B) Regional value-content requirement

For purposes of subparagraph (D) of paragraph (1), a good

shall be treated as originating in a NAFTA country if the

regional value-content of the good, determined in accordance

with subsection (b) of this section, is not less than 60

percent where the transaction value method is used, or not less

than 50 percent where the net cost method is used, and the good

satisfies all other applicable requirements of this section.

(b) Regional value-content

(1) In general

Except as provided in paragraph (5), the regional value-content

of a good shall be calculated, at the choice of the exporter or

producer of the good, on the basis of -

(A) the transaction value method described in paragraph (2);

(B) the net cost method described in paragraph (3).

(2) Transaction value method

(A) In general

An exporter or producer may calculate the regional

value-content of a good on the basis of the following

transaction value method:

--------------------------------------

rvc

tv-vnm

()

--------------------------------------

(B) Definitions

For purposes of subparagraph (A):

(i) The term ''RVC'' means the regional value-content,

expressed as a percentage.

(ii) The term ''TV'' means the transaction value of the

good adjusted to a F.O.B. basis.

(iii) The term ''VNM'' means the value of nonoriginating

materials used by the producer in the production of the good.

(3) Net cost method

(A) In general

An exporter or producer may calculate the regional

value-content of a good on the basis of the following net cost

method:

--------------------------------------

rvc

nc-vnm

()

--------------------------------------

(B) Definitions

For purposes of subparagraph (A):

(i) The term ''RVC'' means the regional value-content,

expressed as a percentage.

(ii) The term ''NC'' means the net cost of the good.

(iii) The term ''VNM'' means the value of nonoriginating

materials used by the producer in the production of the good.

(4) Value of nonoriginating materials used in originating

materials

Except as provided in subsection (c)(1) of this section, and

for a motor vehicle identified in subsection (c)(2) of this

section or a component identified in Annex 403.2 of the

Agreement, the value of nonoriginating materials used by the

producer in the production of a good shall not, for purposes of

calculating the regional value-content of the good under

paragraph (2) or (3), include the value of nonoriginating

materials used to produce originating materials that are

subsequently used in the production of the good.

(5) Net cost method must be used in certain cases

An exporter or producer shall calculate the regional

value-content of a good solely on the basis of the net cost

method described in paragraph (3), if -

(A) there is no transaction value for the good;

(B) the transaction value of the good is unacceptable under

Article 1 of the Customs Valuation Code;

the volume, by units of quantity, of sales of identical or

similar goods to related persons during the six-month period

immediately preceding the month in which the good is sold

exceeds 85 percent of the producer's total sales of such goods

during that period;

(D) the good is -

(i) a motor vehicle provided for in heading 8701 or 8702,

subheadings 8703.21 through 8703.90, or heading 8704, 8705,

or 8706;

(ii) identified in Annex 403.1 or 403.2 of the Agreement

and is for use in a motor vehicle provided for in heading

8701 or 8702, subheadings 8703.21 through 8703.90, or heading

8704, 8705, or 8706;

(iii) provided for in subheadings 6401.10 through 6406.10;

(iv) a word processing machine provided for in subheading

8469.10.00;

(E) the exporter or producer chooses to accumulate the

regional value-content of the good in accordance with

subsection (d) of this section; or

(F) the good is designated as an intermediate material under

paragraph (10) and is subject to a regional value-content

requirement.

(6) Net cost method allowed for adjustments

If an exporter or producer of a good calculates the regional

value-content of the good on the basis of the transaction value

method and a NAFTA country subsequently notifies the exporter or

producer, during the course of a verification conducted in

accordance with chapter 5 of the Agreement, that the transaction

value of the good or the value of any material used in the

production of the good must be adjusted or is unacceptable under

Article 1 of the Customs Valuation Code, the exporter or producer

may calculate the regional value-content of the good on the basis

of the net cost method.

(7) Review of adjustment

Nothing in paragraph (6) shall be construed to prevent any

review or appeal available in accordance with article 510 of the

Agreement with respect to an adjustment to or a rejection of -

(A) the transaction value of a good; or

(B) the value of any material used in the production of a

good.

(8) Calculating net cost

The producer may, consistent with regulations implementing this

section, calculate the net cost of a good under paragraph (3), by

(A) calculating the total cost incurred with respect to all

goods produced by that producer, subtracting any sales

promotion, marketing and after-sales service costs, royalties,

shipping and packing costs, and nonallowable interest costs

that are included in the total cost of all such goods, and

reasonably allocating the resulting net cost of those goods to

the good;

(B) calculating the total cost incurred with respect to all

goods produced by that producer, reasonably allocating the

total cost to the good, and subtracting any sales promotion,

marketing and after-sales service costs, royalties, shipping

and packing costs, and nonallowable interest costs that are

included in the portion of the total cost allocated to the

good; or

cost incurred with respect to the good so that the aggregate of

these costs does not include any sales promotion, marketing and

after-sales service costs, royalties, shipping and packing

costs, or nonallowable interest costs.

(9) Value of material used in production

Except as provided in paragraph (11), the value of a material

used in the production of a good -

(A) shall -

(i) be the transaction value of the material determined in

accordance with Article 1 of the Customs Valuation Code; or

(ii) in the event that there is no transaction value or the

transaction value of the material is unacceptable under

Article 1 of the Customs Valuation Code, be determined in

accordance with Articles 2 through 7 of the Customs Valuation

Code; and

(B) if not included under clause (i) or (ii) of subparagraph

(A), shall include -

(i) freight, insurance, packing, and all other costs

incurred in transporting the material to the location of the

producer;

(ii) duties, taxes, and customs brokerage fees paid on the

material in the territory of one or more of the NAFTA

countries; and

(iii) the cost of waste and spoilage resulting from the use

of the material in the production of the good, less the value

of renewable scrap or by-product.

(10) Intermediate material

Except for goods described in subsection (c)(1) of this

section, any self-produced material, other than a component

identified in Annex 403.2 of the Agreement, that is used in the

production of a good may be designated by the producer of the

good as an intermediate material for the purpose of calculating

the regional value-content of the good under paragraph (2) or

(3); provided that if the intermediate material is subject to a

regional value-content requirement, no other self-produced

material that is subject to a regional value-content requirement

and is used in the production of the intermediate material may be

designated by the producer as an intermediate material.

(11) Value of intermediate material

The value of an intermediate material shall be -

(A) the total cost incurred with respect to all goods

produced by the producer of the good that can be reasonably

allocated to the intermediate material; or

(B) the aggregate of each cost that is part of the total cost

incurred with respect to the intermediate material that can be

reasonably allocated to that intermediate material.

(12) Indirect material

The value of an indirect material shall be based on the

Generally Accepted Accounting Principles applicable in the

territory of the NAFTA country in which the good is produced.

(1) Passenger vehicles and light trucks, and their automotive

parts

For purposes of calculating the regional value-content under

the net cost method for -

(A) a good that is a motor vehicle for the transport of 15 or

fewer persons provided for in subheading 8702.10.00 or

8702.90.00, or a motor vehicle provided for in subheadings

8703.21 through 8703.90, or subheading 8704.21 or 8704.31, or

(B) a good provided for in the tariff provisions listed in

Annex 403.1 of the Agreement, that is subject to a regional

value-content requirement and is for use as original equipment

in the production of a motor vehicle for the transport of 15 or

fewer persons provided for in subheading 8702.10.00 or

8702.90.00, or a motor vehicle provided for in subheadings

8703.21 through 8703.90, or subheading 8704.21 or 8704.31,

the value of nonoriginating materials used by the producer in the

production of the good shall be the sum of the values of all

nonoriginating materials, determined in accordance with

subsection (b)(9) of this section at the time the nonoriginating

materials are received by the first person in the territory of a

NAFTA country who takes title to them, that are imported from

outside the territories of the NAFTA countries under the tariff

provisions listed in Annex 403.1 of the Agreement and are used in

the production of the good or that are used in the production of

any material used in the production of the good.

(2) Other vehicles and their automotive parts

For purposes of calculating the regional value-content under

the net cost method for a good that is a motor vehicle provided

for in heading 8701, subheading 8704.10, 8704.22, 8704.23,

8704.32, or 8704.90, or heading 8705 or 8706, a motor vehicle for

the transport of 16 or more persons provided for in subheading

8702.10.00 or 8702.90.00, or a component identified in Annex

403.2 of the Agreement for use as original equipment in the

production of the motor vehicle, the value of nonoriginating

materials used by the producer in the production of the good

shall be the sum of -

(A) for each material used by the producer listed in Annex

403.2 of the Agreement, whether or not produced by the

producer, at the choice of the producer and determined in

accordance with subsection (b) of this section, either -

(i) the value of such material that is nonoriginating, or

(ii) the value of nonoriginating materials used in the

production of such material; and

(B) the value of any other nonoriginating material used by

the producer that is not listed in Annex 403.2 of the Agreement

determined in accordance with subsection (b) of this section.

(3) Averaging permitted

(A) In general

For purposes of calculating the regional value-content of a

motor vehicle described in paragraph (1) or (2), the producer

may average its calculation over its fiscal year, using any of

the categories described in subparagraph (B), on the basis of

either all motor vehicles in the category or on the basis of

only the motor vehicles in the category that are exported to

the territory of one or more of the other NAFTA countries.

(B) Category described

A category is described in this subparagraph if it is -

(i) the same model line of motor vehicles in the same class

of vehicles produced in the same plant in the territory of a

NAFTA country;

(ii) the same class of motor vehicles produced in the same

plant in the territory of a NAFTA country;

(iii) the same model line of motor vehicles produced in the

territory of a NAFTA country; or

(iv) if applicable, the basis set out in Annex 403.3 of the

Agreement.

(4) Annex 403.1 and Annex 403.2

For purposes of calculating the regional value-content for any

or all goods provided for in a tariff provision listed in Annex

403.1 of the Agreement, or a component or material identified in

Annex 403.2 of the Agreement, produced in the same plant, the

producer of the good may -

(A) average its calculation -

(i) over the fiscal year of the motor vehicle producer to

whom the good is sold;

(ii) over any quarter or month; or

(iii) over its fiscal year, if the good is sold as an

aftermarket part;

(B) calculate the average referred to in subparagraph (A)

separately for any or all goods sold to one or more motor

vehicle producers; or

make a separate calculation for goods that are exported to the

territory of one or more NAFTA countries.

(5) Phase-in of regional value-content requirement

Notwithstanding Annex 401 of the Agreement, and except as

provided in paragraph (6), the regional value-content requirement

shall be -

(A) for a producer's fiscal year beginning on the day closest

to January 1, 1998, and thereafter, 56 percent calculated under

the net cost method, and for a producer's fiscal year beginning

on the day closest to January 1, 2002, and thereafter, 62.5

percent calculated under the net cost method, for -

(i) a good that is a motor vehicle for the transport of 15

or fewer persons provided for in subheading 8702.10.00 or

8702.90.00, or a motor vehicle provided for in subheadings

8703.21 through 8703.90, or subheading 8704.21 or 8704.31;

and

(ii) a good provided for in heading 8407 or 8408, or

subheading 8708.40, that is for use in a motor vehicle

identified in clause (i); and

(B) for a producer's fiscal year beginning on the day closest

to January 1, 1998, and thereafter, 55 percent calculated under

the net cost method, and for a producer's fiscal year beginning

on the day closest to January 1, 2002, and thereafter, 60

percent calculated under the net cost method, for -

(i) a good that is a motor vehicle provided for in heading

8701, subheading 8704.10, 8704.22, 8704.23, 8704.32, or

8704.90, or heading 8705 or 8706, or a motor vehicle for the

transport of 16 or more persons provided for in subheading

8702.10.00 or 8702.90.00;

(ii) a good provided for in heading 8407 or 8408, or

subheading 8708.40 that is for use in a motor vehicle

identified in clause (i); and

(iii) except for a good identified in subparagraph (A)(ii)

or a good provided for in subheadings 8482.10 through

8482.80, or subheading 8483.20 or 8483.30, a good identified

in Annex 403.1 of the Agreement that is subject to a regional

value-content requirement and is for use in a motor vehicle

identified in subparagraph (A)(i) or (B)(i).

(6) New and refitted plants

The regional value-content requirement for a motor vehicle

identified in paragraph (1) or (2) shall be -

(A) 50 percent for 5 years after the date on which the first

motor vehicle prototype is produced in a plant by a motor

vehicle assembler, if -

(i) it is a motor vehicle of a class, or marque, or, except

for a motor vehicle identified in paragraph (2), size

category and underbody, not previously produced by the motor

vehicle assembler in the territory of any of the NAFTA

countries;

(ii) the plant consists of a new building in which the

motor vehicle is assembled; and

(iii) the plant contains substantially all new machinery

that is used in the assembly of the motor vehicle; or

(B) 50 percent for 2 years after the date on which the first

motor vehicle prototype is produced at a plant following a

refit, if it is a motor vehicle of a class, or marque, or,

except for a motor vehicle identified in paragraph (2), size

category and underbody, different from that assembled by the

motor vehicle assembler in the plant before the refit.

(7) Election for certain vehicles from Canada

In the case of goods provided for in subheadings 8703.21

through 8703.90, or subheading 8704.21 or 8704.31, exported from

Canada directly to the United States, and entered on or after

January 1, 1989, and before the date of entry into force of the

Agreement between the United States and Canada, an importer may

elect to use the rules of origin set out in this section in lieu

of the rules of origin contained in section 202 of the United

States-Canada Free-Trade Agreement Implementation Act of 1988 (19

U.S.C. 2112 note) and may elect to use the method for calculating

the value of nonoriginating materials established in article

403(2) of the Agreement in lieu of the method established in

article 403(1) of the Agreement for purposes of determining

eligibility for preferential duty treatment under the United

States-Canada Free-Trade Agreement. Any election under this

paragraph shall be made in writing to the Customs Service not

later than the date that is 180 days after the date of entry into

force of the Agreement between the United States and Canada. Any

such election may be made only if the liquidation of such entry

has not become final. For purposes of averaging the calculation

of regional value-content for the goods covered by such entry,

where the producer's 1989-1990 fiscal year began after January 1,

1989, the producer may include the period between January 1,

1989, and the beginning of its first fiscal year after January 1,

1989, as part of fiscal year 1989-1990.

(d) Accumulation

(1) Determination of originating good

For purposes of determining whether a good is an originating

good, the production of the good in the territory of one or more

of the NAFTA countries by one or more producers shall, at the

choice of the exporter or producer of the good, be considered to

have been performed in the territory of any of the NAFTA

countries by that exporter or producer, if -

(A) all nonoriginating materials used in the production of

the good undergo an applicable tariff classification change set

out in Annex 401 of the Agreement;

(B) the good satisfies any applicable regional value-content

requirement; and

this section.

The requirements of subparagraphs (A) and (B) must be satisfied

entirely in the territory of one or more of the NAFTA countries.

(2) Treatment as single producer

For purposes of subsection (b)(10) of this section, the

production of a producer that chooses to accumulate its

production with that of other producers under paragraph (1) shall

be treated as the production of a single producer.

(e) De minimis amounts of nonoriginating materials

(1) In general

Except as provided in paragraphs (3), (4), (5), and (6), a good

shall be considered to be an originating good if -

(A) the value of all nonoriginating materials used in the

production of the good that do not undergo an applicable change

in tariff classification (set out in Annex 401 of the

Agreement) is not more than 7 percent of the transaction value

of the good, adjusted to a F.O.B. basis, or

(B) where the transaction value of the good is unacceptable

under Article 1 of the Customs Valuation Code, the value of all

such nonoriginating materials is not more than 7 percent of the

total cost of the good,

provided that the good satisfies all other applicable

requirements of this section and, if the good is subject to a

regional value-content requirement, the value of such

nonoriginating materials is taken into account in calculating the

regional value-content of the good.

(2) Goods not subject to regional value-content requirement

A good that is otherwise subject to a regional value-content

requirement shall not be required to satisfy such requirement if

(A)(i) the value of all nonoriginating materials used in the

production of the good is not more than 7 percent of the

transaction value of the good, adjusted to a F.O.B. basis; or

(ii) where the transaction value of the good is unacceptable

under Article 1 of the Customs Valuation Code, the value of all

nonoriginating materials is not more than 7 percent of the

total cost of the good; and

(B) the good satisfies all other applicable requirements of

this section.

(3) Dairy products, etc.

Paragraph (1) does not apply to -

(A) a nonoriginating material provided for in chapter 4 of

the HTS or a dairy preparation containing over 10 percent by

weight of milk solids provided for in subheading 1901.90.30,

1901.90.40, or 1901.90.80 that is used in the production of a

good provided for in chapter 4 of the HTS;

(B) a nonoriginating material provided for in chapter 4 of

the HTS or a dairy preparation containing over 10 percent by

weight of milk solids provided for in subheading 1901.90.30,

1901.90.40, or 1901.90.80 that is used in the production of -

(i) preparations for infants containing over 10 percent by

weight of milk solids provided for in subheading 1901.10.00;

(ii) mixes and doughs, containing over 25 percent by weight

of butterfat, not put up for retail sale, provided for in

subheading 1901.20.00;

(iii) a dairy preparation containing over 10 percent by

weight of milk solids provided for in subheading 1901.90.30,

1901.90.40, or 1901.90.80;

(iv) a good provided for in heading 2105 or subheading

2106.90.05, or preparations containing over 10 percent by

weight of milk solids provided for in subheading 2106.90.15,

2106.90.40, 2106.90.50, or 2106.90.65;

(v) a good provided for in subheading 2202.90.10 or

2202.90.20; or

(vi) animal feeds containing over 10 percent by weight of

milk solids provided for in subheading 2309.90.30;

subheadings 2009.11 through 2009.30 that is used in the

production of -

(i) a good provided for in subheadings 2009.11 through

2009.30, or subheading 2106.90.16, or concentrated fruit or

vegetable juice of any single fruit or vegetable, fortified

with minerals or vitamins, provided for in subheading

2106.90.19; or

(ii) a good provided for in subheading 2202.90.30 or

2202.90.35, or fruit or vegetable juice of any single fruit

or vegetable, fortified with minerals or vitamins, provided

for in subheading 2202.90.36;

(D) a nonoriginating material provided for in chapter 9 of

the HTS that is used in the production of instant coffee, not

flavored, provided for in subheading 2101.10.20;

(E) a nonoriginating material provided for in chapter 15 of

the HTS that is used in the production of a good provided for

in headings 1501 through 1508, or heading 1512, 1514, or 1515;

(F) a nonoriginating material provided for in heading 1701

that is used in the production of a good provided for in

headings 1701 through 1703;

(G) a nonoriginating material provided for in chapter 17 of

the HTS or heading 1805 that is used in the production of a

good provided for in subheading 1806.10;

(H) a nonoriginating material provided for in headings 2203

through 2208 that is used in the production of a good provided

for in headings 2207 through 2208;

(I) a nonoriginating material used in the production of -

(i) a good provided for in subheading 7321.11.30;

(ii) a good provided for in subheading 8415.10, subheadings

8415.81 through 8415.83, subheadings 8418.10 through 8418.21,

subheadings 8418.29 through 8418.40, subheading 8421.12 or

8422.11, subheadings 8450.11 through 8450.20, or subheadings

8451.21 through 8451.29;

(iii) trash compactors provided for in subheading

8479.89.60; or

(iv) a good provided for in subheading 8516.60.40; and

(J) a printed circuit assembly that is a nonoriginating

material used in the production of a good where the applicable

change in tariff classification for the good, as set out in

Annex 401 of the Agreement, places restrictions on the use of

such nonoriginating material.

(4) Certain fruit juices

Paragraph (1) does not apply to a nonoriginating single juice

ingredient provided for in heading 2009 that is used in the

production of -

(A) a good provided for in subheading 2009.90, or

concentrated mixtures of fruit or vegetable juice, fortified

with minerals or vitamins, provided for in subheading

2106.90.19; or

(B) mixtures of fruit or vegetable juices, fortified with

minerals or vitamins, provided for in subheading 2202.90.39.

(5) Goods provided for in chapters 1 through 27 of the HTS

Paragraph (1) does not apply to a nonoriginating material used

in the production of a good provided for in chapters 1 through 27

of the HTS unless the nonoriginating material is provided for in

a different subheading than the good for which origin is being

determined under this section.

(6) Goods provided for in chapters 50 through 63 of the HTS

A good provided for in chapters 50 through 63 of the HTS, that

does not originate because certain fibers or yarns used in the

production of the component of the good that determines the

tariff classification of the good do not undergo an applicable

change in tariff classification set out in Annex 401 of the

Agreement, shall be considered to be a good that originates if

the total weight of all such fibers or yarns in that component is

not more than 7 percent of the total weight of that component.

(f) Fungible goods and materials

For purposes of determining whether a good is an originating good

(1) if originating and nonoriginating fungible materials are

used in the production of the good, the determination of whether

the materials are originating need not be made through the

identification of any specific fungible material, but may be

determined on the basis of any of the inventory management

methods set out in regulations implementing this section; and

(2) if originating and nonoriginating fungible goods are

commingled and exported in the same form, the determination may

be made on the basis of any of the inventory management methods

set out in regulations implementing this section.

(g) Accessories, spare parts, or tools

(1) In general

Except as provided in paragraph (2), accessories, spare parts,

or tools delivered with the good that form part of the good's

standard accessories, spare parts, or tools shall -

(A) be considered as originating goods if the good is an

originating good, and

(B) be disregarded in determining whether all the

nonoriginating materials used in the production of the good

undergo an applicable change in tariff classification set out

in Annex 401 of the Agreement.

(2) Conditions

Paragraph (1) shall apply only if -

(A) the accessories, spare parts, or tools are not invoiced

separately from the good;

(B) the quantities and value of the accessories, spare parts,

or tools are customary for the good; and

value-content requirement, the value of the accessories, spare

parts, or tools are taken into account as originating or

nonoriginating materials, as the case may be, in calculating

the regional value-content of the good.

(h) Indirect materials

An indirect material shall be considered to be an originating

material without regard to where it is produced.

(i) Packaging materials and containers for retail sale

Packaging materials and containers in which a good is packaged

for retail sale, if classified with the good, shall be disregarded

in determining whether all the nonoriginating materials used in the

production of the good undergo an applicable change in tariff

classification set out in Annex 401 of the Agreement. If the good

is subject to a regional value-content requirement, the value of

such packaging materials and containers shall be taken into account

as originating or nonoriginating materials, as the case may be, in

calculating the regional value-content of the good.

(j) Packing materials and containers for shipment

Packing materials and containers in which a good is packed for

shipment shall be disregarded -

(1) in determining whether the nonoriginating materials used in

the production of the good undergo an applicable change in tariff

classification set out in Annex 401 of the Agreement; and

(2) in determining whether the good satisfies a regional

value-content requirement.

(k) Transshipment

A good shall not be considered to be an originating good by

reason of having undergone production that satisfies the

requirements of subsection (a) of this section if, subsequent to

that production, the good undergoes further production or any other

operation outside the territories of the NAFTA countries, other

than unloading, reloading, or any other operation necessary to

preserve it in good condition or to transport the good to the

territory of a NAFTA country.

(l) Nonqualifying operations

A good shall not be considered to be an originating good merely

by reason of -

(1) mere dilution with water or another substance that does not

materially alter the characteristics of the good; or

(2) any production or pricing practice with respect to which it

may be demonstrated, by a preponderance of evidence, that the

object was to circumvent this section.

(m) Interpretation and application

For purposes of this section:

(1) The basis for any tariff classification is the HTS.

(2) Except as otherwise expressly provided, whenever in this

section there is a reference to a heading or subheading such

reference shall be a reference to a heading or subheading of the

HTS.

(3) In applying subsection (a)(4) of this section, the

determination of whether a heading or subheading under the HTS

provides for and specifically describes both a good and its parts

shall be made on the basis of the nomenclature of the heading or

subheading, the rules of interpretation, or notes of the HTS.

(4) In applying the Customs Valuation Code -

(A) the principles of the Customs Valuation Code shall apply

to domestic transactions, with such modifications as may be

required by the circumstances, as would apply to international

transactions;

(B) the provisions of this section shall take precedence over

the Customs Valuation Code to the extent of any difference; and

take precedence over the definitions in the Customs Valuation

Code to the extent of any difference.

(5) All costs referred to in this section shall be recorded and

maintained in accordance with the Generally Accepted Accounting

Principles applicable in the territory of the NAFTA country in

which the good is produced.

(n) Origin of automatic data processing goods

Notwithstanding any other provision of this section, when the

NAFTA countries apply the rate of duty described in paragraph 1 of

section A of Annex 308.1 of the Agreement to a good provided for

under the tariff provisions set out in Table 308.1.1 of such Annex,

the good shall, upon importation from a NAFTA country, be deemed to

originate in the territory of a NAFTA country for purposes of this

section.

(o) Special rule for certain agricultural products

Notwithstanding any other provision of this section, for purposes

of applying a rate of duty to a good provided for in -

(1) heading 1202 that is exported from the territory of Mexico,

if the good is not wholly obtained in the territory of Mexico,

(2) subheading 2008.11 that is exported from the territory of

Mexico, if any material provided for in heading 1202 used in the

production of that good is not wholly obtained in the territory

of Mexico, or

(3) subheading 1806.10.42 or 2106.90.12 that is exported from

the territory of Mexico, if any material provided for in

subheading 1701.99 used in the production of that good is not a

qualifying good,

such good shall be treated as a nonoriginating good and, for

purposes of this subsection, the terms ''qualifying good'' and

''wholly obtained in the territory of'' have the meaning given such

terms in paragraph 26 of section A of Annex 703.2 of the Agreement.

(p) Definitions

For purposes of this section -

(1) Class of motor vehicles

The term ''class of motor vehicles'' means any one of the

following categories of motor vehicles:

(A) Motor vehicles provided for in subheading 8701.20,

subheading 8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or

heading 8705 or 8706, or motor vehicles designed for the

transport of 16 or more persons provided for in subheading

8702.10.00 or 8702.90.00.

(B) Motor vehicles provided for in subheading 8701.10, or

subheadings 8701.30 through 8701.90.

provided for in subheading 8702.10.00 or 8702.90.00, or motor

vehicles provided for in subheading 8704.21 or 8704.31.

(D) Motor vehicles provided for in subheadings 8703.21

through 8703.90.

(2) Customs Valuation Code

The term ''Customs Valuation Code'' means the Agreement on

Implementation of Article VII of the General Agreement on Tariffs

and Trade, including its interpretative notes.

(3) F.O.B.

The term ''F.O.B.'' means free on board, regardless of the mode

of transportation, at the point of direct shipment by the seller

to the buyer.

(4) Fungible goods and fungible materials

The terms ''fungible goods'' and ''fungible materials'' mean

goods or materials that are interchangeable for commercial

purposes and whose properties are essentially identical.

(5) Generally Accepted Accounting Principles

The term ''Generally Accepted Accounting Principles'' means the

recognized consensus or substantial authoritative support in the

territory of a NAFTA country with respect to the recording of

revenues, expenses, costs, assets and liabilities, disclosure of

information, and preparation of financial statements. These

standards may be broad guidelines of general application as well

as detailed standards, practices, or procedures.

(6) Goods wholly obtained or produced entirely in the territory

of one or more of the NAFTA countries

The term ''goods wholly obtained or produced entirely in the

territory of one or more of the NAFTA countries'' means -

(A) mineral goods extracted in the territory of one or more

of the NAFTA countries;

(B) vegetable goods harvested in the territory of one or more

of the NAFTA countries;

more of the NAFTA countries;

(D) goods obtained from hunting, trapping, or fishing in the

territory of one or more of the NAFTA countries;

(E) goods (such as fish, shellfish, and other marine life)

taken from the sea by vessels registered or recorded with a

NAFTA country and flying its flag;

(F) goods produced on board factory ships from the goods

referred to in subparagraph (E), if such factory ships are

registered or recorded with that NAFTA country and fly its

flag;

(G) goods taken by a NAFTA country or a person of a NAFTA

country from the seabed or beneath the seabed outside

territorial waters, provided that a NAFTA country has rights to

exploit such seabed;

(H) goods taken from outer space, if the goods are obtained

by a NAFTA country or a person of a NAFTA country and not

processed in a country other than a NAFTA country;

(I) waste and scrap derived from -

(i) production in the territory of one or more of the NAFTA

countries; or

(ii) used goods collected in the territory of one or more

of the NAFTA countries, if such goods are fit only for the

recovery of raw materials; and

(J) goods produced in the territory of one or more of the

NAFTA countries exclusively from goods referred to in

subparagraphs (A) through (I), or from their derivatives, at

any stage of production.

(7) Identical or similar goods

The term ''identical or similar goods'' means ''identical

goods'' and ''similar goods'', respectively, as defined in the

Customs Valuation Code.

(8) Indirect material

(A) The term ''indirect material'' means a good -

(i) used in the production, testing, or inspection of a good

but not physically incorporated into the good, or

(ii) used in the maintenance of buildings or the operation of

equipment associated with the production of a good,

in the territory of one or more of the NAFTA countries.

(B) When used for a purpose described in subparagraph (A), the

following materials are among those considered to be indirect

materials:

(i) Fuel and energy.

(ii) Tools, dies, and molds.

(iii) Spare parts and materials used in the maintenance of

equipment and buildings.

(iv) Lubricants, greases, compounding materials, and other

materials used in production or used to operate equipment and

buildings.

(v) Gloves, glasses, footwear, clothing, safety equipment,

and supplies.

(vi) Equipment, devices, and supplies used for testing or

inspecting the goods.

(vii) Catalysts and solvents.

(viii) Any other goods that are not incorporated into the

good, if the use of such goods in the production of the good

can reasonably be demonstrated to be a part of that production.

(9) Intermediate material

The term ''intermediate material'' means a material that is

self-produced, used in the production of a good, and designated

pursuant to subsection (b)(10) of this section.

(10) Marque

The term ''marque'' means the trade name used by a separate

marketing division of a motor vehicle assembler.

(11) Material

The term ''material'' means a good that is used in the

production of another good and includes a part or an ingredient.

(12) Model line

The term ''model line'' means a group of motor vehicles having

the same platform or model name.

(13) Motor vehicle assembler

The term ''motor vehicle assembler'' means a producer of motor

vehicles and any related persons or joint ventures in which the

producer participates.

(14) NAFTA country

The term ''NAFTA country'' means the United States, Canada or

Mexico for such time as the Agreement is in force with respect to

Canada or Mexico, and the United States applies the Agreement to

Canada or Mexico.

(15) New building

The term ''new building'' means a new construction, including

at least the pouring or construction of new foundation and floor,

the erection of a new structure and roof, and installation of new

plumbing, electrical, and other utilities to house a complete

vehicle assembly process.

(16) Net cost

The term ''net cost'' means total cost less sales promotion,

marketing and after-sales service costs, royalties, shipping and

packing costs, and nonallowable interest costs that are included

in the total cost.

(17) Net cost of a good

The term ''net cost of a good'' means the net cost that can be

reasonably allocated to a good using one of the methods set out

in subsection (b)(8) of this section.

(18) Nonallowable interest costs

The term ''nonallowable interest costs'' means interest costs

incurred by a producer as a result of an interest rate that

exceeds the applicable Federal Government interest rate for

comparable maturities by more than 700 basis points, determined

pursuant to regulations implementing this section.

(19) Nonoriginating good; nonoriginating material

The term ''nonoriginating good'' or ''nonoriginating material''

means a good or material that does not qualify as an originating

good or material under the rules of origin set out in this

section.

(20) Originating

The term ''originating'' means qualifying under the rules of

origin set out in this section.

(21) Producer

The term ''producer'' means a person who grows, mines,

harvests, fishes, traps, hunts, manufactures, processes, or

assembles a good.

(22) Production

The term ''production'' means growing, mining, harvesting,

fishing, trapping, hunting, manufacturing, processing, or

assembling a good.

(23) Reasonably allocate

The term ''reasonably allocate'' means to apportion in a manner

appropriate to the circumstances.

(24) Refit

The term ''refit'' means a plant closure, for purposes of plant

conversion or retooling, that lasts at least 3 months.

(25) Related persons

The term ''related persons'' means persons specified in any of

the following subparagraphs:

(A) Persons who are officers or directors of one another's

businesses.

(B) Persons who are legally recognized partners in business.

(D) Persons one of whom owns, controls, or holds 25 percent

or more of the outstanding voting stock or shares of the other.

(E) Persons if 25 percent or more of the outstanding voting

stock or shares of each of them is directly or indirectly

owned, controlled, or held by a third person.

(F) Persons one of whom is directly or indirectly controlled

by the other.

(G) Persons who are directly or indirectly controlled by a

third person.

(H) Persons who are members of the same family.

For purposes of this paragraph, the term ''members of the same

family'' means natural or adoptive children, brothers, sisters,

parents, grandparents, or spouses.

(26) Royalties

The term ''royalties'' means payments of any kind, including

payments under technical assistance or similar agreements, made

as consideration for the use or right to use any copyright,

literary, artistic, or scientific work, patent, trademark,

design, model, plan, secret formula, or process. It does not

include payments under technical assistance or similar agreements

that can be related to specific services such as -

(A) personnel training, without regard to where performed;

and

(B) if performed in the territory of one or more of the NAFTA

countries, engineering, tooling, die-setting, software design

and similar computer services, or other services.

(27) Sales promotion, marketing, and after-sales service costs

The term ''sales promotion, marketing, and after-sales service

costs'' means the costs related to sales promotion, marketing,

and after-sales service for the following:

(A) Sales and marketing promotion, media advertising,

advertising and market research, promotional and demonstration

materials, exhibits, sales conferences, trade shows,

conventions, banners, marketing displays, free samples, sales,

marketing and after-sales service literature (product

brochures, catalogs, technical literature, price lists, service

manuals, sales aid information), establishment and protection

of logos and trademarks, sponsorships, wholesale and retail

restocking charges, and entertainment.

(B) Sales and marketing incentives, consumer, retailer, or

wholesaler rebates, and merchandise incentives.

(such as medical, insurance, and pension), traveling and living

expenses, and membership and professional fees for sales

promotion, marketing, and after-sales service personnel.

(D) Recruiting and training of sales promotion, marketing,

and after-sales service personnel, and after-sales training of

customers' employees, where such costs are identified

separately for sales promotion, marketing, and after-sales

service of goods on the financial statements or cost accounts

of the producer.

(E) Product liability insurance.

(F) Office supplies for sales promotion, marketing, and

after-sales service of goods, where such costs are identified

separately for sales promotion, marketing, and after-sales

service of goods on the financial statements or cost accounts

of the producer.

(G) Telephone, mail, and other communications, where such

costs are identified separately for sales promotion, marketing,

and after-sales service of goods on the financial statements or

cost accounts of the producer.

(H) Rent and depreciation of sales promotion, marketing, and

after-sales service offices and distribution centers.

(I) Property insurance, taxes, utilities, and repair and

maintenance of sales promotion, marketing, and after-sales

service offices and distribution centers, where such costs are

identified separately for sales promotion, marketing, and

after-sales service of goods on the financial statements or

cost accounts of the producer.

(J) Payments by the producer to other persons for warranty

repairs.

(28) Self-produced material

The term ''self-produced material'' means a material that is

produced by the producer of a good and used in the production of

that good.

(29) Shipping and packing costs

The term ''shipping and packing costs'' means the costs

incurred in packing a good for shipment and shipping the good

from the point of direct shipment to the buyer, but does not

include the costs of preparing and packaging the good for retail

sale.

(30) Size category

The term ''size category'' means with respect to a motor

vehicle identified in subsection (c)(1)(A) of this section -

(A) 85 cubic feet or less of passenger and luggage interior

volume;

(B) more than 85 cubic feet, but less than 100 cubic feet, of

passenger and luggage interior volume;

feet, of passenger and luggage interior volume;

(D) more than 110 cubic feet, but less than 120 cubic feet,

of passenger and luggage interior volume; and

(E) 120 cubic feet or more of passenger and luggage interior

volume.

(31) Territory

The term ''territory'' means a territory described in Annex

201.1 of the Agreement.

(32) Total cost

The term ''total cost'' means all product costs, period costs,

and other costs incurred in the territory of one or more of the

NAFTA countries.

(33) Transaction value

Except as provided in subsection (c)(1) or (c)(2)(A) of this

section, the term ''transaction value'' means the price actually

paid or payable for a good or material with respect to a

transaction of the producer of the good, adjusted in accordance

with the principles of paragraphs 1, 3, and 4 of Article 8 of the

Customs Valuation Code and determined without regard to whether

the good or material is sold for export.

(34) Underbody

The term ''underbody'' means the floor pan of a motor vehicle.

(35) Used

The term ''used'' means used or consumed in the production of

goods.

(q) Presidential proclamation authority

(1) In general

The President is authorized to proclaim, as a part of the HTS -

(A) the provisions set out in Appendix 6.A of Annex 300-B,

Annex 401, Annex 403.1, Annex 403.2, and Annex 403.3, of the

Agreement, and

(B) any additional subordinate category necessary to carry

out this title (FOOTNOTE 1) consistent with the Agreement.

(FOOTNOTE 1) See References in Text note below.

(2) Modifications

Subject to the consultation and layover requirements of section

3313 of this title, the President may proclaim -

(A) modifications to the provisions proclaimed under the

authority of paragraph (1)(A), other than the provisions of

paragraph A of Appendix 6 of Annex 300-B and section XI of part

B of Annex 401 of the Agreement; and

(B) a modified version of the definition of any term set out

in subsection (p) of this section (and such modified version of

the definition shall supersede the version in subsection (p) of

this section), but only if the modified version reflects solely

those modifications to the same term in article 415 of the

Agreement that are agreed to by the NAFTA countries before

December 8, 1994.

(3) Special rules for textiles

Notwithstanding the provisions of paragraph (2)(A), and subject

to the consultation and layover requirements of section 3313 of

this title, the President may proclaim -

(A) modifications to the provisions proclaimed under the

authority of paragraph (1)(A) as are necessary to implement an

agreement with one or more of the NAFTA countries pursuant to

paragraph 2 of section 7 of Annex 300-B of the Agreement, and

(B) before December 8, 1994, modifications to correct any

typographical, clerical, or other nonsubstantive technical

error regarding the provisions of Appendix 6.A of Annex 300-B

and section XI of part B of Annex 401 of the Agreement.

-SOURCE-

(Pub. L. 103-182, title II, Sec. 202, Dec. 8, 1993, 107 Stat. 2069;

Pub. L. 104-295, Sec. 21(a)(2), Oct. 11, 1996, 110 Stat. 3529; Pub.

L. 105-206, title V, Sec. 5003(b)(4), July 22, 1998, 112 Stat.

790.)

-REFTEXT-

REFERENCES IN TEXT

Act of June 18, 1934, referred to in subsec. (a)(2)(A), is act

June 18, 1934, ch. 590, 48 Stat. 998, as amended, which is

classified generally to chapter 1A (Sec. 81a et seq.) of this

title. For complete classification of this Act to the Code, see

Tables.

Section 202 of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, referred to in subsec. (c)(7), is

section 202 of Pub. L. 100-449, which is set out in a note under

section 2112 of this title.

This title, referred to in subsec. (q)(1)(B), is title II of Pub.

L. 103-182, Dec. 8, 1993, 107 Stat. 2068, which enacted this

subchapter, amended sections 58c, 81c, 1304, 1311 to 1313, 1508,

1509, 1514, 1520, 1562, 1592, and 1628 of this title, and enacted

provisions set out as notes under sections 58c, 1304, and 3331 of

this title.

-MISC2-

AMENDMENTS

1998 - Subsec. (n). Pub. L. 105-206 struck out

''most-favored-nation'' before ''rate of duty''.

1996 - Subsec. (m)(4)(C). Pub. L. 104-295, Sec. 21(a)(2)(A),

substituted ''subsection (p)'' for ''subsection (o)''.

Subsec. (p)(18). Pub. L. 104-295, Sec. 21(a)(2)(B), substituted

''Federal Government'' for ''federal government''.

EFFECTIVE DATE

Section effective on the date the North American Free Trade

Agreement enters into force with respect to the United States (Jan.

1, 1994), see section 213(b) of Pub. L. 103-182, set out as a note

under section 3331 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 58c, 1514, 1520, 1592,

3301, 3333, 3334, 3391, 3602 of this title.

-CITE-

19 USC Sec. 3333 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-

Sec. 3333. Drawback

-STATUTE-

(a) ''Good subject to NAFTA drawback'' defined

For purposes of this Act and the amendments made by subsection

(b) of this section, the term ''good subject to NAFTA drawback''

means any imported good other than the following:

(1) A good entered under bond for transportation and

exportation to a NAFTA country.

(2) A good exported to a NAFTA country in the same condition as

when imported into the United States. For purposes of this

paragraph -

(A) processes such as testing, cleaning, repacking, or

inspecting a good, or preserving it in its same condition,

shall not be considered to change the condition of the good,

and

(B) except for a good referred to in paragraph 12 of section

A of Annex 703.2 of the Agreement that is exported to Mexico,

if a good described in the first sentence of this paragraph is

commingled with fungible goods and exported in the same

condition, the origin of the good may be determined on the

basis of the inventory methods provided for in the regulations

implementing this title. (FOOTNOTE 1)

(FOOTNOTE 1) See References in Text note below.

(3) A good -

(A) that is -

(i) deemed to be exported from the United States,

(ii) used as a material in the production of another good

that is deemed to be exported to a NAFTA country, or

(iii) substituted for by a good of the same kind and

quality that is used as a material in the production of

another good that is deemed to be exported to a NAFTA

country, and

(B) that is delivered -

(i) to a duty-free shop,

(ii) for ship's stores or supplies for ships or aircraft,

(iii) for use in a project undertaken jointly by the United

States and a NAFTA country and destined to become the

property of the United States.

(4) A good exported to a NAFTA country for which a refund of

customs duties is granted by reason of -

(A) the failure of the good to conform to sample or

specification, or

(B) the shipment of the good without the consent of the

consignee.

(5) A good that qualifies under the rules of origin set out in

section 3332 of this title that is -

(A) exported to a NAFTA country,

(B) used as a material in the production of another good that

is exported to a NAFTA country, or

that is used as a material in the production of another good

that is exported to a NAFTA country.

(6) A good provided for in subheading 1701.11.02 of the HTS

that is -

(A) used as a material, or

(B) substituted for by a good of the same kind and quality

that is used as a material,

in the production of a good provided for in existing Canadian

tariff item 1701.99.00 or existing Mexican tariff item 1701.99.01

or 1701.99.99 (relating to refined sugar).

(7) A citrus product that is exported to Canada.

(8) A good used as a material, or substituted for by a good of

the same kind and quality that is used as a material, in the

production of -

(A) apparel, or

(B) a good provided for in subheading 6307.90.99 (insofar as

it relates to furniture moving pads), 5811.00.20, or 5811.00.30

of the HTS,

that is exported to Canada and that is subject to Canada's

most-favored-nation rate of duty upon importation into Canada.

Where in paragraph (6) a good referred to by an item is described

in parentheses following the item, the description is provided for

purposes of reference only.

(b), (c) Omitted

(d) Elimination of drawback for fees under section 624 of title 7

Notwithstanding any other provision of law, the Secretary of the

Treasury may not, on condition of export, refund or reduce a fee

applied pursuant to section 624 of title 7 with respect to goods

included under subsection (a) of this section that are exported to

(1) Canada after December 31, 1995, for so long as it is a

NAFTA country; or

(2) Mexico after December 31, 2000, for so long as it is a

NAFTA country.

(e) Inapplicability to countervailing and antidumping duties

Nothing in this section or the amendments made by it shall be

considered to authorize the refund, waiver, or reduction of

countervailing duties or antidumping duties imposed on an imported

good.

-SOURCE-

(Pub. L. 103-182, title II, Sec. 203, Dec. 8, 1993, 107 Stat.

2086.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 103-182, Dec. 8,

1993, 107 Stat. 2057, known as the North American Free Trade

Agreement Implementation Act. For complete classification of this

Act to the Code, see Short Title note set out under section 3301 of

this title and Tables.

The amendments made by subsection (b) of this section, referred

to in subsec. (a), are the amendments made by section 203(b) of

Pub. L. 103-182 to sections 81c, 1311 to 1313, and 1562 of this

title.

This title, referred to in subsec. (a)(2)(B), is title II of Pub.

L. 103-182, Dec. 8, 1993, 107 Stat. 2068, which enacted this

subchapter, amended sections 58c, 81c, 1304, 1311 to 1313, 1508,

1509, 1514, 1520, 1562, 1592, and 1628 of this title, and enacted

provisions set out as notes under sections 58c, 1304, and 3331 of

this title.

This section or the amendments made by it, referred to in subsec.

(e), is section 203 of Pub. L. 103-182, which enacted this section

and amended sections 81c, 1311 to 1313, and 1562 of this title.

-COD-

CODIFICATION

Section is comprised of section 203 of Pub. L. 103-182. Subsec.

(b) of section 203 of Pub. L. 103-182 amended sections 81c, 1311 to

1313, and 1562 of this title. Subsec. (c) of section 203 of Pub.

L. 103-182 amended section 1313 of this title.

-MISC3-

EFFECTIVE DATE

Section effective on the date the North American Free Trade

Agreement enters into force with respect to the United States (Jan.

1, 1994), see section 213(b) of Pub. L. 103-182, set out as a note

under section 3331 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 81c, 1311, 1312, 1313,

1562 of this title.

-CITE-

19 USC Sec. 3334 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-

Sec. 3334. Prohibition on drawback for television picture tubes

-STATUTE-

Notwithstanding any other provision of law, no customs duties may

be refunded, waived, or reduced on color cathode-ray television

picture tubes, including video monitor cathode-ray tubes (provided

for in subheading 8540.11.00 of the HTS), that are nonoriginating

goods under section 3332(p)(19) of this title and are -

(A) exported to a NAFTA country;

(B) used as a material in the production of other goods that

are exported to a NAFTA country; or

as a material in the production of other goods that are exported

to a NAFTA country.

-SOURCE-

(Pub. L. 103-182, title II, Sec. 210, Dec. 8, 1993, 107 Stat.

2099.)

-MISC1-

EFFECTIVE DATE

Section effective on the date the North American Free Trade

Agreement enters into force with respect to the United States (Jan.

1, 1994), see section 213(b) of Pub. L. 103-182, set out as a note

under section 3331 of this title.

-CITE-

19 USC Sec. 3335 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER II - CUSTOMS PROVISIONS

-HEAD-

Sec. 3335. Monitoring of television and picture tube imports

-STATUTE-

(a) Monitoring

Beginning on the date the Agreement enters into force with

respect to the United States, the United States Customs Service

shall, for a period of 5 years, monitor imports into the United

States of articles described in subheading 8528.10 of the HTS from

NAFTA countries and shall take action to exercise all rights of the

United States under chapter 5 of the Agreement with respect to such

imports. The United States Customs Service shall take appropriate

action under chapter 5 of the Agreement with respect to such

imports, including verifications to ensure that the rules of origin

under the Agreement are fully complied with and that the duty

drawback obligations contained in article 303 and Annex 303.8 of

the Agreement are fully implemented and duties are correctly

assessed.

(b) Report to Trade Representative

The United States Customs Service shall make the results of the

monitoring and verification required by subsection (a) of this

section available to the President and the Trade Representative.

If, based on such information, the President has reason to believe

that articles described in subheading 8540.11 of the HTS, intended

for ultimate consumption in the United States, are entering the

territory of a NAFTA country inconsistent with the provisions of

the Agreement, or have been undervalued in a manner that may raise

concerns under United States trade laws, the President shall

promptly take such action as may be appropriate under all relevant

provisions of the Agreement, including article 317 and chapter 20,

and under applicable United States trade statutes.

-SOURCE-

(Pub. L. 103-182, title II, Sec. 211, Dec. 8, 1993, 107 Stat.

2099.)

-MISC1-

EFFECTIVE DATE

Section effective on the date the North American Free Trade

Agreement enters into force with respect to the United States (Jan.

1, 1994), see section 213(b) of Pub. L. 103-182, set out as a note

under section 3331 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-CITE-

19 USC SUBCHAPTER III - APPLICATION OF AGREEMENT TO

SECTORS AND SERVICES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

-HEAD-

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

-CITE-

19 USC Part A - Safeguards 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

-HEAD-

Part A - Safeguards

-CITE-

19 USC subpart 1 - relief from imports benefiting from

agreement 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

subpart 1 - relief from imports benefiting from agreement

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 2252 of this title.

-CITE-

19 USC Sec. 3351 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

Sec. 3351. Definitions

-STATUTE-

As used in this subpart:

(1) Canadian article

The term ''Canadian article'' means an article that -

(A) is an originating good under chapter 4 of the Agreement;

and

(B) qualifies under the Agreement to be marked as a good of

Canada.

(2) Mexican article

The term ''Mexican article'' means an article that -

(A) is an originating good under chapter 4 of the Agreement;

and

(B) qualifies under the Agreement to be marked as a good of

Mexico.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 301, Dec. 8, 1993, 107 Stat.

2100.)

-REFTEXT-

REFERENCES IN TEXT

This subpart, referred to in text, was in the original ''this

part'', meaning part 1 (Sec. 301-308) of subtitle A of title III of

Pub. L. 103-182, Dec. 8, 1993, 107 Stat. 2100, which enacted this

subpart and provisions set out as a note under section 2112 of this

title, and amended provisions set out as a note under section 2112

of this title.

-MISC2-

EFFECTIVE DATE

Section 318 of title III of Pub. L. 103-182 provided that:

''Except as provided in section 308(b) (enacting provisions set out

as a note under section 2112 of this title), the provisions of this

subtitle (subtitle A (Sec. 301-318) of title III of Pub. L.

103-182, enacting this part and amending section 2252 of this title

and provisions set out as a note under section 2112 of this title)

take effect on the date the Agreement enters into force with

respect to the United States (Jan. 1, 1994).''

-CITE-

19 USC Sec. 3352 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

Sec. 3352. Commencing of action for relief

-STATUTE-

(a) Filing of petition

(1) In general

A petition requesting action under this subpart for the purpose

of adjusting to the obligations of the United States under the

Agreement may be filed with the International Trade Commission by

an entity, including a trade association, firm, certified or

recognized union, or group of workers, that is representative of

an industry. The International Trade Commission shall transmit a

copy of any petition filed under this subsection to the Trade

Representative.

(2) Provisional relief

An entity filing a petition under this subsection may request

that provisional relief be provided as if the petition had been

filed under section 2252(a) of this title.

(3) Critical circumstances

An allegation that critical circumstances exist must be

included in the petition or made on or before the 90th day after

the date on which the investigation is initiated under subsection

(b) of this section.

(b) Investigation and determination

Upon the filing of a petition under subsection (a) of this

section, the International Trade Commission, unless subsection (d)

of this section applies, shall promptly initiate an investigation

to determine whether, as a result of the reduction or elimination

of a duty provided for under the Agreement, a Canadian article or a

Mexican article, as the case may be, is being imported into the

United States in such increased quantities (in absolute terms) and

under such conditions so that imports of the article, alone,

constitute a substantial cause of -

(1) serious injury; or

(2) except in the case of a Canadian article, a threat of

serious injury;

to the domestic industry producing an article that is like, or

directly competitive with, the imported article.

The provisions of -

(1) paragraphs (1)(B), (3) (FOOTNOTE 1) (except subparagraph

(A)), and (4) (FOOTNOTE 1) of subsection (b);

(FOOTNOTE 1) See References in Text note below.

(2) subsection (c); and

(3) subsection (d),

of section 2252 of this title apply with respect to any

investigation initiated under subsection (b) of this section.

(d) Articles exempt from investigation

No investigation may be initiated under this section with respect

to -

(1) any Canadian article or Mexican article if import relief

has been provided under this subpart with respect to that

article; or

(2) any textile or apparel article set out in Appendix 1.1 of

Annex 300-B of the Agreement.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 302, Dec. 8, 1993, 107 Stat.

2100.)

-REFTEXT-

REFERENCES IN TEXT

Paragraphs (3) and (4) of subsection (b) of section 2252 of this

title, referred to in subsec. (c)(1), were repealed and a new

paragraph (3) was added by Pub. L. 103-465, title III, Sec. 301(c),

Dec. 8, 1994, 108 Stat. 4932.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3353, 3354 of this title.

-CITE-

19 USC Sec. 3353 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

Sec. 3353. International Trade Commission action on petition

-STATUTE-

(a) Determination

By no later than 120 days after the date on which an

investigation is initiated under section 3352(b) of this title with

respect to a petition, the International Trade Commission shall -

(1) make the determination required under that section; and

(2) if the determination referred to in paragraph (1) is

affirmative and an allegation regarding critical circumstances

was made under section 3352(a) of this title, make a

determination regarding that allegation.

(b) Additional finding and recommendation if determination

affirmative

If the determination made by the International Trade Commission

under subsection (a) of this section with respect to imports of an

article is affirmative, the International Trade Commission shall

find, and recommend to the President in the report required under

subsection (c) of this section, the amount of import relief that is

necessary to remedy or, except in the case of imports of a Canadian

article, prevent the injury found by the International Trade

Commission in the determination. The import relief recommended by

the International Trade Commission under this subsection shall be

limited to that described in section 3354(c) of this title.

No later than the date that is 30 days after the date on which a

determination is made under subsection (a) of this section with

respect to an investigation, the International Trade Commission

shall submit to the President a report that shall include -

(1) a statement of the basis for the determination;

(2) dissenting and separate views; and

(3) any finding made under subsection (b) of this section

regarding import relief.

(d) Public notice

Upon submitting a report to the President under subsection (c) of

this section, the International Trade Commission shall promptly

make public such report (with the exception of information which

the International Trade Commission determines to be confidential)

and shall cause a summary thereof to be published in the Federal

(e) Applicable provisions

For purposes of this subpart, the provisions of paragraphs (1),

(2), and (3) of section 1330(d) of this title shall be applied with

respect to determinations and findings made under this section as

if such determinations and findings were made under section 2252 of

this title.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 303, Dec. 8, 1993, 107 Stat.

2101.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3354 of this title.

-CITE-

19 USC Sec. 3354 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

Sec. 3354. Provision of relief

-STATUTE-

(a) In general

No later than the date that is 30 days after the date on which

the President receives the report of the International Trade

Commission containing an affirmative determination of the

International Trade Commission under section 3353(a) of this title,

the President, subject to subsection (b) of this section, shall

provide relief from imports of the article that is the subject of

such determination to the extent that the President determines

necessary to remedy or, except in the case of imports of a Canadian

article, prevent the injury found by the International Trade

Commission.

(b) Exception

The President is not required to provide import relief under this

section if the President determines that the provision of the

import relief will not provide greater economic and social benefits

than costs.

The import relief (including provisional relief) that the

President is authorized to provide under this subpart is as

follows:

(1) In the case of imports of a Canadian article -

(A) the suspension of any further reduction provided for

under Annex 401.2 of the United States-Canada Free-Trade

Agreement in the duty imposed on such article;

(B) an increase in the rate of duty imposed on such article

to a level that does not exceed the lesser of -

(i) the column 1 general rate of duty imposed under the HTS

on like articles at the time the import relief is provided,

(ii) the column 1 general rate of duty imposed on like

articles on December 31, 1988; or

article, an increase in the rate of duty imposed on the article

to a level that does not exceed the column 1 general rate of

duty imposed on the article for the corresponding season

occurring immediately before January 1, 1989.

(2) In the case of imports of a Mexican article -

(A) the suspension of any further reduction provided for

under the United States Schedule to Annex 302.2 of the

Agreement in the duty imposed on such article;

(B) an increase in the rate of duty imposed on such article

to a level that does not exceed the lesser of -

(i) the column 1 general rate of duty imposed under the HTS

on like articles at the time the import relief is provided,

(ii) the column 1 general rate of duty imposed under the

HTS on like articles on the day before the date on which the

Agreement enters into force; or

article, an increase in the rate of duty imposed on the article

to a level that does not exceed the column 1 general rate of

duty imposed under the HTS on the article for the corresponding

season immediately occurring before the date on which the

Agreement enters into force.

(d) Period of relief

The import relief that the President is authorized to provide

under this section may not exceed 3 years, except that, if a

Canadian article or Mexican article which is the subject of the

action -

(1) is provided for in an item for which the transition period

of tariff elimination set out in the United States Schedule to

Annex 302.2 of the Agreement is greater than 10 years; and

(2) the President determines that the affected industry has

undertaken adjustment and requires an extension of the period of

the import relief;

the President, after obtaining the advice of the International

Trade Commission, may extend the period of the import relief for

not more than 1 year, if the duty applied during the initial period

of the relief is substantially reduced at the beginning of the

extension period.

(e) Rate on Mexican articles after termination of import relief

When import relief under this subpart is terminated with respect

to a Mexican article -

(1) the rate of duty on that article after such termination and

on or before December 31 of the year in which termination occurs

shall be the rate that, according to the United States Schedule

to Annex 302.2 of the Agreement for the staged elimination of the

tariff, would have been in effect 1 year after the initiation of

the import relief action under section 3352 of this title; and

(2) the tariff treatment for that article after December 31 of

the year in which termination occurs shall be, at the discretion

of the President, either -

(A) the rate of duty conforming to the applicable rate set

out in the United States Schedule to Annex 302.2; or

(B) the rate of duty resulting from the elimination of the

tariff in equal annual stages ending on the date set out in the

United States Schedule to Annex 302.2 for the elimination of

the tariff.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 304, Dec. 8, 1993, 107 Stat.

2102.)

-MISC1-

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3353, 3356 of this title.

-CITE-

19 USC Sec. 3355 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

Sec. 3355. Termination of relief authority

-STATUTE-

(a) General rule

Except as provided in subsection (b) of this section, no import

relief may be provided under this subpart -

(1) in the case of a Canadian article, after December 31, 1998;

(2) in the case of a Mexican article, after the date that is 10

years after the date on which the Agreement enters into force;

unless the article against which the action is taken is an item for

which the transition period for tariff elimination set out in the

United States Schedule to Annex 302.2 of the Agreement is greater

than 10 years, in which case the period during which relief may be

granted shall be the period of staged tariff elimination for that

article.

(b) Exception

Import relief may be provided under this subpart in the case of a

Canadian article or Mexican article after the date on which such

relief would, but for this subsection, terminate under subsection

(a) of this section, but only if the Government of Canada or

Mexico, as the case may be, consents to such provision.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 305, Dec. 8, 1993, 107 Stat.

2103.)

-MISC1-

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-CITE-

19 USC Sec. 3356 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

Sec. 3356. Compensation authority

-STATUTE-

For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.

2133), any import relief provided by the President under section

3354 of this title shall be treated as action taken under chapter 1

of title II of such Act (19 U.S.C. 2251 et seq.).

-SOURCE-

(Pub. L. 103-182, title III, Sec. 306, Dec. 8, 1993, 107 Stat.

2104.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, referred to in text, is Pub. L. 93-618,

Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of

the Act is classified generally to part 1 (Sec. 2251 et seq.) of

subchapter II of chapter 12 of this title. For complete

classification of this Act to the Code, see section 2101 of this

title and Tables.

-CITE-

19 USC Sec. 3357 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

Sec. 3357. Submission of petitions

-STATUTE-

A petition for import relief may be submitted to the

International Trade Commission under -

(1) this subpart;

(2) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.

2251 et seq.); or

(3) under both this subpart and such chapter 1 at the same

time, in which case the International Trade Commission shall

consider such petitions jointly.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 307, Dec. 8, 1993, 107 Stat.

2104.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, referred to in pars. (2) and (3), is Pub.

L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of

title II of the Act is classified generally to part 1 (Sec. 2251 et

seq.) of subchapter II of chapter 12 of this title. For complete

classification of this Act to the Code, see section 2101 of this

title and Tables.

-CITE-

19 USC Sec. 3358 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 1 - relief from imports benefiting from agreement

-HEAD-

Sec. 3358. Price-based snapback for frozen concentrated orange

juice

-STATUTE-

(a) Trigger price determination

(1) In general

The Secretary shall determine -

(A) each period of 5 consecutive business days in which the

daily price for frozen concentrated orange juice is less than

the trigger price; and

(B) for each period determined under subparagraph (A), the

first period occurring thereafter of 5 consecutive business

days in which the daily price for frozen concentrated orange

juice is greater than the trigger price.

(2) Notice of determinations

The Secretary shall immediately notify the Commissioner of

Customs and publish notice in the Federal Register of any

determination under paragraph (1), and the date of such

publication shall be the determination date for that

determination.

(b) Imports of Mexican articles

Whenever after any determination date for a determination under

subsection (a)(1)(A) of this section, the quantity of Mexican

articles of frozen concentrated orange juice that is entered

exceeds -

(1) 264,978,000 liters (single strength equivalent) in any of

calendar years 1994 through 2002; or

(2) 340,560,000 liters (single strength equivalent) in any of

calendar years 2003 through 2007;

the rate of duty on Mexican articles of frozen concentrated orange

juice that are entered after the date on which the applicable

limitation in paragraph (1) or (2) is reached and before the

determination date for the related determination under subsection

(a)(1)(B) of this section shall be the rate of duty specified in

subsection (c) of this section.

The rate of duty specified for purposes of subsection (b) of this

section for articles entered on any day is the rate in the HTS that

is the lower of -

(1) the column 1 general rate of duty in effect for such

articles on July 1, 1991; or

(2) the column 1 general rate of duty in effect on that day.

(d) Definitions

For purposes of this section -

(1) The term ''daily price'' means the daily closing price of

the New York Cotton Exchange, or any successor as determined by

the Secretary, for the closest month in which contracts for

frozen concentrated orange juice are being traded on the

Exchange.

(2) The term ''business day'' means a day in which contracts

for frozen concentrated orange juice are being traded on the New

York Cotton Exchange, or any successor as determined by the

Secretary.

(3) The term ''entered'' means entered or withdrawn from

warehouse for consumption, in the customs territory of the United

States.

(4) The term ''frozen concentrated orange juice'' means all

products classifiable under subheading 2009.11.00 of the HTS.

(5) The term ''Secretary'' means the Secretary of Agriculture.

(6) The term ''trigger price'' means the average daily closing

price of the New York Cotton Exchange, or any successor as

determined by the Secretary, for the corresponding month during

the previous 5-year period, excluding the year with the highest

average price for the corresponding month and the year with the

lowest average price for the corresponding month.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 309, Dec. 8, 1993, 107 Stat.

2105; Pub. L. 104-295, Sec. 21(b)(4), Oct. 11, 1996, 110 Stat.

3530.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(1), (2). Pub. L. 104-295 substituted ''column

1 general'' for ''column 1-General''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

19 USC subpart 2 - relief from imports from all countries 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 2 - relief from imports from all countries

-HEAD-

subpart 2 - relief from imports from all countries

-CITE-

19 USC Sec. 3371 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 2 - relief from imports from all countries

-HEAD-

Sec. 3371. NAFTA article impact in import relief cases under Trade

Act of 1974

-STATUTE-

(a) In general

If, in any investigation initiated under chapter 1 of title II of

the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the International

Trade Commission makes an affirmative determination (or a

determination which the President may treat as an affirmative

determination under such chapter by reason of section 1330(d) of

this title), the International Trade Commission shall also find

(and report to the President at the time such injury determination

is submitted to the President) whether -

(1) imports of the article from a NAFTA country, considered

individually, account for a substantial share of total imports;

and

(2) imports of the article from a NAFTA country, considered

individually or, in exceptional circumstances, imports from NAFTA

countries considered collectively, contribute importantly to the

serious injury, or threat thereof, caused by imports.

(b) Factors

(1) Substantial import share

In determining whether imports from a NAFTA country, considered

individually, account for a substantial share of total imports,

such imports normally shall not be considered to account for a

substantial share of total imports if that country is not among

the top 5 suppliers of the article subject to the investigation,

measured in terms of import share during the most recent 3-year

period.

(2) Application of ''contribute importantly'' standard

In determining whether imports from a NAFTA country or

countries contribute importantly to the serious injury, or threat

thereof, the International Trade Commission shall consider such

factors as the change in the import share of the NAFTA country or

countries, and the level and change in the level of imports of

such country or countries. In applying the preceding sentence,

imports from a NAFTA country or countries normally shall not be

considered to contribute importantly to serious injury, or the

threat thereof, if the growth rate of imports from such country

or countries during the period in which an injurious increase in

imports occurred is appreciably lower than the growth rate of

total imports from all sources over the same period.

For purposes of this section and section 3372(a) of this title,

the term ''contribute importantly'' refers to an important cause,

but not necessarily the most important cause.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 311, Dec. 8, 1993, 107 Stat.

2106.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, referred to in subsec. (a), is Pub. L.

93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of

title II of the Act is classified generally to part 1 (Sec. 2251 et

seq.) of subchapter II of chapter 12 of this title. For complete

classification of this Act to the Code, see section 2101 of this

title and Tables.

-CITE-

19 USC Sec. 3372 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 2 - relief from imports from all countries

-HEAD-

Sec. 3372. Presidential action regarding NAFTA imports

-STATUTE-

(a) In general

In determining whether to take action under chapter 1 of title II

of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) with respect to

imports from a NAFTA country, the President shall determine whether

(1) imports from such country, considered individually, account

for a substantial share of total imports; or

(2) imports from a NAFTA country, considered individually, or

in exceptional circumstances imports from NAFTA countries

considered collectively, contribute importantly to the serious

injury, or threat thereof, found by the International Trade

Commission.

(b) Exclusion of NAFTA imports

In determining the nature and extent of action to be taken under

chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et

seq.), the President shall exclude from such action imports from a

NAFTA country if the President makes a negative determination under

subsection (a)(1) or (2) of this section with respect to imports

from such country.

(1) In general

If the President, under subsection (b) of this section,

excludes imports from a NAFTA country or countries from action

under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.

2251 et seq.) but thereafter determines that a surge in imports

from that country or countries is undermining the effectiveness

of the action -

(A) the President may take appropriate action under such

chapter 1 to include those imports in the action; and

(B) any entity that is representative of an industry for

which such action is being taken may request the International

Trade Commission to conduct an investigation of the surge in

such imports.

(2) Investigation

Upon receiving a request under paragraph (1)(B), the

International Trade Commission shall conduct an investigation to

determine whether a surge in such imports undermines the

effectiveness of the action. The International Trade Commission

shall submit the findings of its investigation to the President

no later than 30 days after the request is received by the

International Trade Commission.

(3) ''Surge'' defined

For purposes of this subsection, the term ''surge'' means a

significant increase in imports over the trend for a recent

representative base period.

(d) Condition applicable to quantitative restrictions

Any action taken under this section proclaiming a quantitative

restriction shall permit the importation of a quantity or value of

the article which is not less than the quantity or value of such

article imported into the United States during the most recent

period that is representative of imports of such article, with

allowance for reasonable growth.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 312, Dec. 8, 1993, 107 Stat.

2107.)

-REFTEXT-

REFERENCES IN TEXT

The Trade Act of 1974, referred to in subsecs. (a) to (c), is

Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1

of title II of the Act is classified generally to part 1 (Sec. 2251

et seq.) of subchapter II of chapter 12 of this title. For

complete classification of this Act to the Code, see section 2101

of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3371 of this title.

-CITE-

19 USC subpart 3 - general provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 3 - general provisions

-HEAD-

subpart 3 - general provisions

-CITE-

19 USC Sec. 3381 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 3 - general provisions

-HEAD-

Sec. 3381. Monitoring

-STATUTE-

For purposes of expediting an investigation concerning

provisional relief under this part or section 2252 of this title

regarding -

(1) fresh or chilled tomatoes provided for in subheading

0702.00.00 of the HTS; and

(2) fresh or chilled peppers, other than chili peppers provided

for in subheading 0709.60.00 of the HTS;

the International Trade Commission, until January 1, 2009, shall

monitor imports of such goods as if proper requests for such

monitoring had been made under subsection (d)(1)(C)(i) of section

2252 of this title. At the request of the International Trade

Commission, the Secretary of Agriculture and the Commissioner of

Customs shall provide to the International Trade Commission

information relevant to the monitoring carried out under this

section.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 316, Dec. 8, 1993, 107 Stat.

2108; Pub. L. 104-295, Sec. 21(b)(3), Oct. 11, 1996, 110 Stat.

3530.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in text, was in the original ''this

subtitle'', meaning subtitle A (Sec. 301-318) of title III of Pub.

L. 103-182, Dec. 8, 1993, 107 Stat. 2100, which enacted this part,

amended section 2252 of this title, enacted provisions set out as

notes under sections 2112 and 3351 of this title, and amended

provisions set out as a note under section 2112 of this title.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-295 substituted ''subsection (d)(1)(C)(i) of

section 2252'' for ''section 2252(d)(1)(C)(i) of section 2252''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

19 USC Sec. 3382 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part A - Safeguards

subpart 3 - general provisions

-HEAD-

Sec. 3382. Procedures concerning conduct of International Trade

Commission investigations

-STATUTE-

The International Trade Commission shall adopt such procedures

and rules and regulations as are necessary to bring its procedures

into conformity with chapter 8 of the Agreement.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 317(a), Dec. 8, 1993, 107 Stat.

2108.)

-CITE-

19 USC Part B - Agriculture 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part B - Agriculture

-HEAD-

Part B - Agriculture

-CITE-

19 USC Sec. 3391 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part B - Agriculture

-HEAD-

Sec. 3391. Agriculture

-STATUTE-

(a) Omitted

(b) Section 624 of title 7

(1) In general

The President may, pursuant to article 309 and Annex 703.2 of

the Agreement, exempt from any quantitative limitation or fee

imposed pursuant to section 624 of title 7 any article which

originates in Mexico, if Mexico is a NAFTA country.

(2) Qualification of articles

The determination of whether an article originates in Mexico

shall be made in accordance with section 3332 of this title,

except that operations performed in, or materials obtained from,

any country other than the United States or Mexico shall be

treated as if performed in or obtained from a country other than

a NAFTA country.

In implementing the tariff rate quotas set out in the United

States Schedule to Annex 302.2 of the Agreement, the President

shall take such action as may be necessary to ensure that imports

of agricultural goods do not disrupt the orderly marketing of

commodities in the United States.

(d) Peanuts

(1) Effect of the Agreement

(A) In general

Nothing in the Agreement or this Act reduces or eliminates -

(i) any penalty required under section 1359a(d) (FOOTNOTE

1) of title 7; or

(FOOTNOTE 1) See References in Text note below.

(ii) any requirement under Marketing Agreement No. 146,

Regulating the Quality of Domestically Produced Peanuts, on

peanuts in the domestic market, pursuant to section

1445c-3(f) (FOOTNOTE 1) of title 7.

(B) Omitted

(2) Consultations on imports

It is the sense of Congress that the United States should

request consultations in the Working Group on Emergency Action,

established in the Understanding Between the Parties to the North

American Free Trade Agreement Concerning Chapter Eight -

Emergency Action, if imports of peanuts exceed the in-quota

quantity under a tariff rate quota set out in the United States

Schedule to Annex 302.2 of the Agreement concerning whether -

(A) the increased imports of peanuts constitute a substantial

cause of, or contribute importantly to, serious injury, or

threat of serious injury, to the domestic peanut industry; and

(B) recourse under Chapter Eight of the Agreement or Article

XIX of the General Agreement on Tariffs and Trade is

appropriate.

(e) Fresh fruits, vegetables, and cut flowers

(1) In general

The Secretary of Agriculture shall collect and compile the

information specified under paragraph (3), if reasonably

available, from appropriate Federal departments and agencies and

the relevant counterpart ministries of the Government of Mexico.

(2) Designation of an office

The Secretary of Agriculture shall designate an office within

the United States Department of Agriculture to be responsible for

maintaining and disseminating, in a timely manner, the data

accumulated for verifying citrus, fruit, vegetable, and cut

flower trade between the United States and Mexico. The

information shall be made available to the public and the NAFTA

Agriculture Committee Working Groups.

(3) Information collected

The information to be collected, if reasonably available,

includes -

(A) monthly fresh fruit, fresh vegetable, fresh citrus, and

processed citrus product import and export data;

(B) monthly citrus juice production and export data;

and cut flowers entering the United States from Mexico; and

(D) in the case of fruits, vegetables, and cut flowers

entering the United States from Mexico, data regarding -

(i) planted and harvested acreage; and

(ii) wholesale prices, quality, and grades.

(f) End-use certificates

(1) In general

The Secretary of Agriculture (referred to in this subsection as

the ''Secretary'') shall implement, in coordination with the

Commissioner of Customs, a program requiring that end-use

certificates be included in the documentation covering the entry

into, or the withdrawal from a warehouse for consumption in, the

customs territory of the United States -

(A) of any wheat that is a product of any foreign country or

instrumentality that requires, as of the effective date of this

subsection, end-use certificates for imports of wheat that is a

product of the United States (referred to in this subsection as

''United States-produced wheat''); and

(B) of any barley that is a product of any foreign country or

instrumentality that requires, as of the effective date of this

subsection, end-use certificates for imports of barley that is

a product of the United States (referred to in this subsection

as ''United States-produced barley'').

(2) Regulations

The Secretary shall prescribe by regulation such requirements

regarding the information to be included in end-use certificates

as may be necessary and appropriate to carry out this subsection.

(3) Producer protection determination

At any time after the effective date of the requirements

established under paragraph (1), the Secretary may, subject to

paragraph (5), suspend the requirements when making a

determination, after consultation with domestic producers, that

the program implemented under this subsection has directly

resulted in -

(A) the reduction of income to the United States producers of

agricultural commodities; or

(B) the reduction of the competitiveness of United States

agricultural commodities in the world export markets.

(4) Suspension of requirements

(A) Wheat

If a foreign country or instrumentality that requires end-use

certificates for imports of United States-produced wheat as of

the effective date of the requirement under paragraph (1)(A)

eliminates the requirement, the Secretary shall suspend the

requirement under paragraph (1)(A) beginning 30 calendar days

after suspension by the foreign country or instrumentality.

(B) Barley

If a foreign country or instrumentality that requires end-use

certificates for imports of United States-produced barley as of

the effective date of the requirement under paragraph (1)(B)

eliminates the requirement, the Secretary shall suspend the

requirement under paragraph (1)(B) beginning 30 calendar days

after suspension by the foreign country or instrumentality.

(5) Report to Congress

The Secretary shall not suspend the requirements established

under paragraph (1) under circumstances identified in paragraph

(3) before the Secretary submits a report to Congress detailing

the determination made under paragraph (3) and the reasons for

making the determination.

(6) Compliance

It shall be a violation of section 1001 of title 18 for a

person to engage in fraud or knowingly violate this subsection or

a regulation implementing this subsection.

(7) Effective date

This subsection shall become effective on the date that is 120

days after December 8, 1993.

(g) Omitted

(h) Assistance for affected farmworkers

(1) In general

Subject to paragraph (3), if at any time the Secretary of

Agriculture determines that the implementation of the Agreement

has caused low-income migrant or seasonal farmworkers to lose

income, the Secretary may make available grants, not to exceed

$20,000,000 for any fiscal year, to public agencies or private

organizations with tax-exempt status under section 501(c)(3) of

title 26, that have experience in providing emergency services to

low-income migrant or seasonal farmworkers. Emergency services

to be provided with assistance received under this subsection may

include such types of assistance as the Secretary determines to

be necessary and appropriate.

(2) ''Low-income migrant or seasonal farmworker'' defined

As used in this subsection, the term ''low-income migrant or

seasonal farmworker'' shall have the same meaning as provided in

section 5177a(b) of title 42.

(3) Authorization of appropriations

There are authorized to be appropriated $20,000,000 for each

fiscal year to carry out this subsection.

(i) Biennial report on effects of Agreement on American agriculture

(1) In general

The Secretary of Agriculture shall prepare a biennial report on

the effects of the Agreement on United States producers of

agricultural commodities and on rural communities located in the

United States.

(2) Contents of report

The report required under this subsection shall include -

(A) an assessment of the effects of implementing the

Agreement on the various agricultural commodities affected by

the Agreement, on a commodity-by-commodity basis;

(B) an assessment of the effects of implementing the

Agreement on investments made in United States agriculture and

on rural communities located in the United States;

Agreement on employment in United States agriculture, including

any gains or losses of jobs in businesses directly or

indirectly related to United States agriculture; and

(D) such other information and data as the Secretary

determines appropriate.

(3) Submission of report

The Secretary shall furnish the report required under this

subsection to the Committee on Agriculture, Nutrition, and

Forestry of the Senate and to the Committee on Agriculture of the

House of Representatives. The report shall be due every 2 years

and shall be submitted by March 1 of the year in which the report

is due. The first report shall be due by March 1, 1997, and the

final report shall be due by March 1, 2011.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 321, Dec. 8, 1993, 107 Stat.

2108.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d)(1)(A), is Pub. L. 103-182,

Dec. 8, 1993, 107 Stat. 2057, known as the North American Free

Trade Agreement Implementation Act. For complete classification of

this Act to the Code, see Short Title note set out under section

3301 of this title and Tables.

Section 1359a of title 7, referred to in subsec. (d)(1)(A)(i),

was repealed by Pub. L. 107-171, title I, Sec. 1309(a)(1), May 13,

2002, 116 Stat. 179.

Section 1445c-3(f) of title 7, referred to in subsec.

(d)(1)(A)(ii), was repealed by Pub. L. 104-127, title I, Sec.

171(b)(2)(E), Apr. 4, 1996, 110 Stat. 938.

-COD-

CODIFICATION

Section is comprised of section 321 of Pub. L. 103-182. Subsec.

(a) of section 321 of Pub. L. 103-182 amended provisions set out as

a note under section 2253 of this title. Subsec. (d)(1)(B) of

section 321 of Pub. L. 103-182 amended section 1359a of Title 7,

Agriculture. Subsec. (g) of section 321 of Pub. L. 103-182 amended

provisions set out as a note under section 5622 of Title 7.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

19 USC Part C - Temporary Entry of Business Persons 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part C - Temporary Entry of Business Persons

-HEAD-

Part C - Temporary Entry of Business Persons

-CITE-

19 USC Sec. 3401 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part C - Temporary Entry of Business Persons

-HEAD-

Sec. 3401. Nonimmigrant traders and investors

-STATUTE-

Upon a basis of reciprocity secured by the Agreement, an alien

who is a citizen of Canada or Mexico, and the spouse and children

of any such alien if accompanying or following to join such alien,

may, if otherwise eligible for a visa and if otherwise admissible

into the United States under the Immigration and Nationality Act (8

U.S.C. 1101 et seq.), be considered to be classifiable as a

nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C.

1101(a)(15)(E)) if entering solely for a purpose specified in

Section B of Annex 1603 of the Agreement, but only if any such

purpose shall have been specified in such Annex on the date of

entry into force of the Agreement. For purposes of this section,

the term ''citizen of Mexico'' means ''citizen'' as defined in

Annex 1608 of the Agreement.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 341(a), Dec. 8, 1993, 107 Stat.

2116.)

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in text, is act

June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is

classified principally to chapter 12 (Sec. 1101 et seq.) of Title

8, Aliens and Nationality. For complete classification of this Act

to the Code, see Short Title note set out under section 1101 of

Title 8 and Tables.

-MISC2-

EFFECTIVE DATE

Section 342 of title III of Pub. L. 103-182 provided that: ''The

provisions of this subtitle (subtitle D (Sec. 341, 342) of title

III of Pub. L. 103-182, enacting this section and amending section

1184 of Title 8, Aliens and Nationality) take effect on the date

the Agreement enters into force with respect to the United States

(Jan. 1, 1994).''

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-CITE-

19 USC Part D - Standards 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part D - Standards

-HEAD-

Part D - Standards

-CITE-

19 USC subpart 1 - standards and measures 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part D - Standards

subpart 1 - standards and measures

-HEAD-

subpart 1 - standards and measures

-CITE-

19 USC Sec. 3411 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part D - Standards

subpart 1 - standards and measures

-HEAD-

Sec. 3411. Transportation

-STATUTE-

No regulation issued by the Secretary of Transportation

implementing a recommendation of the Land Transportation Standards

Subcommittee established under article 913(5)(a)(i) of the

Agreement may take effect before the date 90 days after the date of

issuance.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 352, Dec. 8, 1993, 107 Stat.

2122.)

-CITE-

19 USC subpart 2 - agricultural standards 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part D - Standards

subpart 2 - agricultural standards

-HEAD-

subpart 2 - agricultural standards

-CITE-

19 USC Sec. 3421 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

Part D - Standards

subpart 2 - agricultural standards

-HEAD-

Sec. 3421. Agricultural standards

-STATUTE-

(a) to (f) Omitted

(g) Peanut butter and peanut paste

(1) In general

Except as provided in paragraph (2), all peanut butter and

peanut paste in the United States domestic market shall be

processed from peanuts that meet the quality standards

established for peanuts under Marketing Agreement No. 146.

(2) Imports

Peanut butter and peanut paste imported into the United States

shall comply with paragraph (1) or with sanitary measures that

achieve at least the same level of sanitary protection.

(h) Animal health biocontainment facility

(1) Grant for construction

The Secretary of Agriculture shall make a grant to a land grant

college or university described in paragraph (2) for the

construction of a facility at the college or university for the

conduct of research in animal health, disease-transmitting

insects, and toxic chemicals that requires the use of

biocontainment facilities and equipment. The facility to be

constructed with the grant shall be known as the ''Southwest

Regional Animal Health Biocontainment Facility''.

(2) Grant recipient described

To be eligible for the grant under paragraph (1), a land grant

college or university must be -

(A) located in a State adjacent to the international border

with Mexico; and

(B) determined by the Secretary of Agriculture to have an

established program in animal health research and education and

to have a collaborative relationship with one or more colleges

of veterinary medicine or universities located in Mexico.

(3) Activities of the facility

The facility constructed using the grant made under paragraph

(1) shall be used for conducting the following activities:

(A) The biocontainment facility shall offer the ability to

organize multidisciplinary international teams working on basic

and applied research on diagnostic method development and

disease control strategies, including development of vaccines.

(B) The biocontainment facility shall support research that

will improve the scientific basis for regulatory activities,

decreasing the need for new regulatory programs and enhancing

international trade.

institutions, governmental agencies, and the private sector to

conduct research in basic and applied research biology,

epidemiology, pathogenesis, host response, and diagnostic

methods, on disease agents that threaten the livestock

industries of the United States and Mexico.

(D) The biocontainment facility may be used to support

research involving food safety, toxicology, environmental

pollutants, radioisotopes, recombinant microorganisms, and

selected naturally resistant or transgenic animals.

(4) Authorization of appropriations

There are authorized to be appropriated for each fiscal year

such sums as are necessary to carry out this subsection.

(i) Reports on inspection of imported meat, poultry, other foods,

animals, and plants

(1) Definitions

As used in this subsection:

(A) Imports

The term ''imports'' means any meat, poultry, other food,

animal, or plant that is imported into the United States in

commercially significant quantities.

(B) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

(2) In general

In consultation with representatives of other appropriate

agencies, the Secretary shall prepare an annual report on the

impact of the Agreement on the inspection of imports.

(3) Contents of reports

The report required under this subsection shall, to the maximum

extent practicable, include a description of -

(A) the quantity or, with respect to the Customs Service, the

number of shipments, of imports from a NAFTA country that are

inspected at the borders of the United States with Canada and

Mexico during the prior year;

(B) any change in the level or types of inspections of

imports in each NAFTA country during the prior year;

the inspection system of another NAFTA country is equivalent to

the inspection system of the United States, the reasons

supporting the determination of the Secretary;

(D) the incidence of violations of inspection requirements by

imports from NAFTA countries during the prior year -

(i) at the borders of the United States with Mexico or

Canada; or

(ii) at the last point of inspection in a NAFTA country

prior to shipment to the United States if the agency accepts

inspection in that country;

(E) the incidence of violations of inspection requirements of

imports to the United States from Mexico or Canada prior to the

implementation of the Agreement;

(F) any additional cost associated with maintaining an

adequate inspection system of imports as a result of the

implementation of the Agreement;

(G) any incidence of transshipment of imports -

(i) that originate in a country other than a NAFTA country;

(ii) that are shipped to the United States through a NAFTA

country during the prior year; and

(iii) that are incorrectly represented by the importer to

qualify for preferential treatment under the Agreement;

(H) the quantity and results of any monitoring by the United

States of equivalent inspection systems of imports in other

NAFTA countries during the prior year;

(I) the use by other NAFTA countries of sanitary and

phytosanitary measures (as defined in the Agreement) to limit

exports of United States meat, poultry, other foods, animals,

and plants to the countries during the prior year; and

(J) any other information the Secretary determines to be

appropriate.

(4) Frequency of reports

The Secretary shall submit -

(A) the initial report required under this subsection not

later than January 31, 1995; and

(B) an annual report required under this subsection not later

than 1 year after the date of the submission of the initial

report and the end of each 1-year period thereafter through

calendar year 2004.

(5) Report to Congress

The Secretary shall prepare and submit the report required

under this subsection to the Committee on Agriculture of the

House of Representatives and the Committee on Agriculture,

Nutrition, and Forestry of the Senate.

-SOURCE-

(Pub. L. 103-182, title III, Sec. 361, Dec. 8, 1993, 107 Stat.

2122.)

-COD-

CODIFICATION

Section is comprised of section 361 of Pub. L. 103-182. Subsecs.

(a) to (f) of section 361 of Pub. L. 103-182 are classified as

follows: subsec. (a) amended section 1582 of Title 7, Agriculture;

subsec. (b) amended section 104 of Title 21, Food and Drugs;

subsec. (c) amended section 105 of Title 21; subsec. (d) amended

section 1306 of this title and section 281 of Title 7; subsec. (e)

amended section 466 of Title 21; and subsec. (f) amended section

620 of Title 21.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-CITE-

19 USC SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING

AND COUNTERVAILING DUTY CASES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

-HEAD-

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

-CITE-

19 USC Part A - Organizational, Administrative, and

Procedural Provisions Regarding

Implementation of Chapter 19 of Agreement 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-CITE-

19 USC Sec. 3431 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Sec. 3431. References in part

-STATUTE-

Any reference in this part to an Annex, chapter, or article shall

be considered to be a reference to the respective Annex, chapter,

or article of the Agreement.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 401, Dec. 8, 1993, 107 Stat.

2129.)

-MISC1-

EFFECTIVE DATE

Section 416 of title IV of Pub. L. 103-182 provided that: ''The

provisions of this title (enacting this subchapter, amending

sections 1502, 1514, 1516a, 1677, and 1677f of this title and

sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and

Judicial Procedure, and amending provisions set out as a note under

section 2112 of this title) and the amendments made by this title

take effect on the date the Agreement enters into force with

respect to the United States (Jan. 1, 1994), but shall not apply -

''(1) to any final determination described in paragraph (1)(B),

or (2)(B)(i), (ii), or (iii), of section 516A(a) of the Tariff

Act of 1930 (19 U.S.C. 1516a(a)(1)(B), (2)(B)(i), (ii), (iii))

notice of which is published in the Federal Register before such

date, or to a determination described in paragraph (2)(B)(vi) of

section 516A(a) of such Act notice of which is received by the

Government of Canada or Mexico before such date; or

''(2) to any binational panel review under the United

States-Canada Free-Trade Agreement, or any extraordinary

challenge arising out of any such review, that was commenced

before such date.''

-CITE-

19 USC Sec. 3432 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Sec. 3432. Organizational and administrative provisions

-STATUTE-

(a) Criteria for selection of individuals to serve on panels and

committees

(1) In general

The selection of individuals under this section for -

(A) placement on lists prepared by the interagency group

under subsection (c)(2)(B)(i) and (ii) of this section;

(B) placement on preliminary candidate lists under subsection

(c)(3)(A) of this section;

(c)(4)(A) of this section;

(D) placement by the Trade Representative on the rosters

described in paragraph 1 of Annex 1901.2 and paragraph 1 of

Annex 1904.13; and

(E) appointment by the Trade Representative for service on

the panels and committees convened under chapter 19;

shall be made on the basis of the criteria provided in paragraph

1 of Annex 1901.2 and paragraph 1 of Annex 1904.13 and shall be

made without regard to political affiliation.

(2) Additional criteria for roster placements and appointments

under paragraph 1 of Annex 1901.2

Rosters described in paragraph 1 of Annex 1901.2 shall include,

to the fullest extent practicable, judges and former judges who

meet the criteria referred to in paragraph (1). The Trade

Representative shall, subject to subsection (b) of this section,

appoint judges to binational panels convened under chapter 19,

extraordinary challenge committees convened under chapter 19, and

special committees established under article 1905, where such

judges offer and are available to serve and such service is

authorized by the chief judge of the court on which they sit.

(b) Selection of certain judges to serve on panels and committees

(1) Applicability

This subsection applies only with respect to the selection of

individuals for binational panels convened under chapter 19,

extraordinary challenge committees convened under chapter 19, and

special committees established under article 1905, who are judges

of courts created under article III of the Constitution of the

United States.

(2) Consultation with chief judges

The Trade Representative shall consult, from time to time, with

the chief judges of the Federal judicial circuits regarding the

interest in, and availability for, participation in binational

panels, extraordinary challenge committees, and special

committees, of judges within their respective circuits. If the

chief judge of a Federal judicial circuit determines that it is

appropriate for one or more judges within that circuit to be

included on a roster described in subsection (a)(1)(D) of this

section, the chief judge shall identify all such judges for the

Chief Justice of the United States who may, upon his or her

approval, submit the names of such judges to the Trade

Representative. The Trade Representative shall include the names

of such judges on the roster.

(3) Submission of lists to Congress

The Trade Representative shall submit to the Committee on the

Judiciary and the Committee on Ways and Means of the House of

Representatives and to the Committee on Finance and the Committee

on the Judiciary of the Senate a list of all judges included on a

roster under paragraph (2). Such list shall be submitted at the

same time as the final candidate lists are submitted under

subsection (c)(4)(A) of this section and the final forms of

amendments are submitted under subsection (c)(4)(C)(iv) of this

section.

(4) Appointment of judges to panels or committees

At such time as the Trade Representative proposes to appoint a

judge described in paragraph (1) to a binational panel, an

extraordinary challenge committee, or a special committee, the

Trade Representative shall consult with that judge in order to

ascertain whether the judge is available for such appointment.

(1) Applicability

This subsection applies only with respect to the selection of

individuals for binational panels convened under chapter 19,

extraordinary challenge committees convened under chapter 19, and

special committees established under article 1905, other than

those individuals to whom subsection (b) of this section applies.

(2) Interagency group

(A) Establishment

There is established within the interagency organization

established under section 1872 of this title an interagency

group which shall -

(i) be chaired by the Trade Representative; and

(ii) consist of such officers (or the designees thereof) of

the United States Government as the Trade Representative

considers appropriate.

(B) Functions

The interagency group established under subparagraph (A)

shall, in a manner consistent with chapter 19 -

(i) prepare by January 3 of each calendar year -

(I) a list of individuals who are qualified to serve as

members of binational panels convened under chapter 19; and

(II) a list of individuals who are qualified to serve on

extraordinary challenge committees convened under chapter

19 and special committees established under article 1905;

(ii) if the Trade Representative makes a request under

paragraph (4)(C)(i) with respect to a final candidate list

during any calendar year, prepare by July 1 of such calendar

year a list of those individuals who are qualified to be

added to that final candidate list;

(iii) exercise oversight of the administration of the

United States Section that is authorized to be established

under section 3315 of this title; and

(iv) make recommendations to the Trade Representative

regarding the convening of extraordinary challenge committees

and special committees under chapter 19.

(3) Preliminary candidate lists

(A) In general

The Trade Representative shall select individuals from the

respective lists prepared by the interagency group under

paragraph (2)(B)(i) for placement on -

(i) a preliminary candidate list of individuals eligible to

serve as members of binational panels under Annex 1901.2; and

(ii) a preliminary candidate list of individuals eligible

for selection as members of extraordinary challenge

committees under Annex 1904.13 and special committees under

article 1905.

(B) Submission of lists to Congressional Committees

(i) In general

No later than January 3 of each calendar year, the Trade

Representative shall submit to the Committee on Finance of

the Senate and the Committee on Ways and Means of the House

of Representatives (hereafter in this section referred to as

the ''appropriate Congressional Committees'') the preliminary

candidate lists of those individuals selected by the Trade

Representative under subparagraph (A) to be candidates

eligible to serve on panels or committees convened pursuant

to chapter 19 during the 1-year period beginning on April 1

of such calendar year.

(ii) Additional information

At the time the candidate lists are submitted under clause

(i), the Trade Representative shall submit for each

individual on the list a statement of professional

qualifications.

Upon submission of the preliminary candidate lists under

subparagraph (B) to the appropriate Congressional Committees,

the Trade Representative shall consult with such Committees

with regard to the individuals included on the preliminary

candidate lists.

(D) Revision of lists

The Trade Representative may add and delete individuals from

the preliminary candidate lists submitted under subparagraph

(B) after consultation with the appropriate Congressional

Committees regarding the additions and deletions. The Trade

Representative shall provide to the appropriate Congressional

Committees written notice of any addition or deletion of an

individual from the preliminary candidate lists, along with the

information described in subparagraph (B)(ii) with respect to

any proposed addition.

(4) Final candidate lists

(A) Submission of lists to Congressional Committees

No later than March 31 of each calendar year, the Trade

Representative shall submit to the appropriate Congressional

Committees the final candidate lists of those individuals

selected by the Trade Representative to be candidates eligible

to serve on panels and committees convened under chapter 19

during the 1-year period beginning on April 1 of such calendar

year. An individual may be included on a final candidate list

only if such individual was included in the preliminary

candidate list or if written notice of the addition of such

individual to the preliminary candidate list was submitted to

the appropriate Congressional Committees at least 15 days

before the date on which that final candidate list is submitted

to such Committees under this subparagraph.

(B) Finality of lists

Except as provided in subparagraph (C), no additions may be

made to the final candidate lists after the final candidate

lists are submitted to the appropriate Congressional Committees

under subparagraph (A).

(i) In general

If, after the Trade Representative has submitted the final

candidate lists to the appropriate Congressional Committees

under subparagraph (A) for a calendar year and before July 1

of such calendar year, the Trade Representative determines

that additional individuals need to be added to a final

candidate list, the Trade Representative shall -

(I) request the interagency group established under

paragraph (2)(A) to prepare a list of individuals who are

qualified to be added to such candidate list;

(II) select individuals from the list prepared by the

interagency group under paragraph (2)(B)(ii) to be included

in a proposed amendment to such final candidate list; and

(III) by no later than July 1 of such calendar year,

submit to the appropriate Congressional Committees the

proposed amendments to such final candidate list developed

by the Trade Representative under subclause (II), along

with the information described in paragraph (3)(B)(ii).

(ii) Consultation with Congressional Committees

Upon submission of a proposed amendment under clause

(i)(III) to the appropriate Congressional Committees, the

Trade Representative shall consult with the appropriate

Congressional Committees with regard to the individuals

included in the proposed amendment.

(iii) Adjustment of proposed amendment

The Trade Representative may add and delete individuals

from any proposed amendment submitted under clause (i)(III)

after consulting with the appropriate Congressional

Committees with regard to the additions and deletions. The

Trade Representative shall provide to the appropriate

Congressional Committees written notice of any addition or

deletion of an individual from the proposed amendment.

(iv) Final amendment

(I) In general

If the Trade Representative submits under clause (i)(III)

in any calendar year a proposed amendment to a final

candidate list, the Trade Representative shall, no later

than September 30 of such calendar year, submit to the

appropriate Congressional Committees the final form of such

amendment. On October 1 of such calendar year, such

amendment shall take effect and, subject to subclause (II),

the individuals included in the final form of such

amendment shall be added to the final candidate list.

(II) Inclusion of individuals

An individual may be included in the final form of an

amendment submitted under subclause (I) only if such

individual was included in the proposed form of such

amendment or if written notice of the addition of such

individual to the proposed form of such amendment was

submitted to the appropriate Congressional Committees at

least 15 days before the date on which the final form of

such amendment is submitted to such Committees under

subclause (I).

(III) Eligibility for service

Individuals added to a final candidate list under

subclause (I) shall be eligible to serve on panels or

committees convened under chapter 19 during the 6-month

period beginning on October 1 of the calendar year in which

such addition occurs.

(IV) Finality of amendment

No additions may be made to the final form of an

amendment described in subclause (I) after the final form

of such amendment is submitted to the appropriate

Congressional Committees under subclause (I).

(5) Treatment of responses

For purposes of applying section 1001 of title 18, the written

or oral responses of individuals to inquiries of the interagency

group established under paragraph (2)(A) or of the Trade

Representative regarding their personal and professional

qualifications, and financial and other relevant interests, that

bear on their suitability for the placements and appointments

described in subsection (a)(1) of this section, shall be treated

as matters within the jurisdiction of an agency of the United

States.

(d) Selection and appointment

(1) Authority of Trade Representative

The Trade Representative is the only officer of the United

States Government authorized to act on behalf of the United

States Government in making any selection or appointment of an

individual to -

(A) the rosters described in paragraph 1 of Annex 1901.2 and

paragraph 1 of Annex 1904.13; or

(B) the panels or committees convened under chapter 19;

that is to be made solely or jointly by the United States

Government under the terms of the Agreement.

(2) Restrictions on selection and appointment

Except as provided in paragraph (3) -

(A) the Trade Representative may -

(i) select an individual for placement on the rosters

described in paragraph 1 of Annex 1901.2 and paragraph 1 of

Annex 1904.13 during the 1-year period beginning on April 1

of any calendar year;

(ii) appoint an individual to serve as one of those members

of any panel or committee convened under chapter 19 during

such 1-year period who, under the terms of the Agreement, are

to be appointed solely by the United States Government; or

(iii) act to make a joint appointment with the Government

of a NAFTA country, under the terms of the Agreement, of any

individual who is a citizen or national of the United States

to serve as any other member of such a panel or committee;

only if such individual is on the appropriate final candidate

list that was submitted to the appropriate Congressional

Committees under subsection (c)(4)(A) of this section during

such calendar year or on such list as it may be amended under

subsection (c)(4)(C)(iv)(I) of this section, or on the list

submitted under subsection (b)(3) of this section to the

Congressional Committees referred to in such subsection; and

(B) no individual may -

(i) be selected by the United States Government for

placement on the rosters described in paragraph 1 of Annex

1901.2 and paragraph 1 of Annex 1904.13; or

(ii) be appointed solely or jointly by the United States

Government to serve as a member of a panel or committee

convened under chapter 19;

during the 1-year period beginning on April 1 of any calendar

year for which the Trade Representative has not met the

requirements of subsection (a) of this section, and of

subsection (b) or (c) of this section (as the case may be).

(3) Exceptions

Notwithstanding subsection (c)(3) of this section (other than

subparagraph (B)), subsection (c)(4) of this section, or

paragraph (2)(A) of this subsection, individuals included on the

preliminary candidate lists submitted to the appropriate

Congressional Committees under subsection (c)(3)(B) of this

section may -

(A) be selected by the Trade Representative for placement on

the rosters described in paragraph 1 of Annex 1901.2 and

paragraph 1 of Annex 1904.13 during the 3-month period

beginning on the date on which the Agreement enters into force

with respect to the United States; and

(B) be appointed solely or jointly by the Trade

Representative under the terms of the Agreement to serve as

members of panels or committees that are convened under chapter

19 during such 3-month period.

(e) Transition

If the Agreement enters into force between the United States and

a NAFTA country after January 3, 1994, the provisions of subsection

year in which such entering into force occurs -

(1) by substituting ''the date that is 30 days after the date

on which the Agreement enters into force with respect to the

United States'' for ''January 3 of each calendar year'' in

subsections (c)(2)(B)(i) and (c)(3)(B)(i) of this section; and

(2) by substituting ''the date that is 3 months after the date

on which the Agreement enters into force with respect to the

United States'' for ''March 31 of each calendar year'' in

subsection (c)(4)(A) of this section.

(f) Immunity

With the exception of acts described in section 777(f)(3) of the

Tariff Act of 1930 (19 U.S.C. 1677f(f)(3)), individuals serving on

panels or committees convened pursuant to chapter 19, and

individuals designated to assist the individuals serving on such

panels or committees, shall be immune from suit and legal process

relating to acts performed by such individuals in their official

capacity and within the scope of their functions as such panelists

or committee members or assistants to such panelists or committee

members.

(g) Regulations

The administering authority under title VII of the Tariff Act of

1930 (19 U.S.C. 1671 et seq.), the International Trade Commission,

and the Trade Representative may promulgate such regulations as are

necessary or appropriate to carry out actions in order to implement

their respective responsibilities under chapter 19. Initial

regulations to carry out such functions shall be issued before the

date on which the Agreement enters into force with respect to the

United States.

(h) Report to Congress

At such time as the final candidate lists are submitted under

subsection (c)(4)(A) of this section and the final forms of

amendments are submitted under subsection (c)(4)(C)(iv) of this

section, the Trade Representative shall submit to the Committee on

the Judiciary and the Committee on Ways and Means of the House of

Representatives, and to the Committee on Finance and the Committee

on the Judiciary of the Senate, a report regarding the efforts made

to secure the participation of judges and former judges on

binational panels, extraordinary challenge committees, and special

committees established under chapter 19.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 402, Dec. 8, 1993, 107 Stat. 2129;

Pub. L. 104-295, Sec. 21(c)(1), Oct. 11, 1996, 110 Stat. 3530.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in subsec. (g), is act June

17, 1930, ch. 497, 46 Stat. 590, as amended. Title VII of the Act

is classified generally to subtitle IV (Sec. 1671 et seq.) of

chapter 4 of this title. For complete classification of this Act

to the Code, see section 1654 of this title and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (d)(3). Pub. L. 104-295 substituted ''subsection

(c)(4) of this section'' for ''(c)(4)'' in introductory provisions.

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1677f, 3315 of this

title.

-CITE-

19 USC Sec. 3433 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Sec. 3433. Testimony and production of papers in extraordinary

challenges

-STATUTE-

(a) Authority of extraordinary challenge committee to obtain

information

If an extraordinary challenge committee (hereafter in this

section referred to as the ''committee'') is convened under

paragraph 13 of article 1904, and the allegations before the

committee include a matter referred to in paragraph 13(a)(i) of

article 1904, for the purposes of carrying out its functions and

duties under Annex 1904.13, the committee -

(1) shall have access to, and the right to copy, any document,

paper, or record pertinent to the subject matter under

consideration, in the possession of any individual, partnership,

corporation, association, organization, or other entity;

(2) may summon witnesses, take testimony, and administer oaths;

(3) may require any individual, partnership, corporation,

association, organization, or other entity to produce documents,

books, or records relating to the matter in question; and

(4) may require any individual, partnership, corporation,

association, organization, or other entity to furnish in writing,

in such detail and in such form as the committee may prescribe,

information in its possession pertaining to the matter.

Any member of the committee may sign subpoenas, and members of the

committee, when authorized by the committee, may administer oaths

and affirmations, examine witnesses, take testimony, and receive

evidence.

(b) Witnesses and evidence

The attendance of witnesses who are authorized to be summoned,

and the production of documentary evidence authorized to be

ordered, under subsection (a) of this section may be required from

any place in the United States at any designated place of hearing.

In the case of disobedience to a subpoena authorized under

subsection (a) of this section, the committee may request the

Attorney General of the United States to invoke the aid of any

district or territorial court of the United States in requiring the

attendance and testimony of witnesses and the production of

documentary evidence. Such court, within the jurisdiction of which

such inquiry is carried on, may, in case of contumacy or refusal to

obey a subpoena issued to any individual, partnership, corporation,

association, organization, or other entity, issue an order

requiring such individual or entity to appear before the committee,

or to produce documentary evidence if so ordered or to give

evidence concerning the matter in question. Any failure to obey

such order of the court may be punished by such court as a contempt

thereof.

Any court referred to in subsection (b) of this section shall

have jurisdiction to issue writs of mandamus commanding compliance

with the provisions of this section or any order of the committee

made in pursuance thereof.

(d) Depositions

The committee may order testimony to be taken by deposition at

any stage of the committee review. Such deposition may be taken

before any person designated by the committee and having power to

administer oaths. Such testimony shall be reduced to writing by

the person taking the deposition, or under the direction of such

person, and shall then be subscribed by the deponent. Any

individual, partnership, corporation, association, organization, or

other entity may be compelled to appear and be deposed and to

produce documentary evidence in the same manner as witnesses may be

compelled to appear and testify and produce documentary evidence

before the committee, as provided in this section.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 403, Dec. 8, 1993, 107 Stat.

2136.)

-CITE-

19 USC Sec. 3434 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Sec. 3434. Requests for review of determinations by competent

investigating authorities of NAFTA countries

-STATUTE-

(a) Definitions

As used in this section:

(1) Competent investigating authority

The term ''competent investigating authority'' means the

competent investigating authority, as defined in article 1911, of

a NAFTA country.

(2) United States Secretary

The term ''United States Secretary'' means that officer of the

United States referred to in article 1908.

(b) Requests for review by United States

In the case of a final determination of a competent investigating

authority, requests by the United States for binational panel

review of such determination under article 1904 shall be made by

the United States Secretary.

In the case of a final determination of a competent investigating

authority, a person, within the meaning of paragraph 5 of article

1904, may request a binational panel review of such determination

by filing such a request with the United States Secretary within

the time limit provided for in paragraph 4 of article 1904. The

receipt of such request by the United States Secretary shall be

deemed to be a request for binational panel review within the

meaning of article 1904. The request for such panel review shall be

without prejudice to any challenge before a binational panel of the

basis for a particular request for review.

(d) Service of request for review

Whenever binational panel review of a final determination made by

a competent investigating authority is requested under this

section, the United States Secretary shall serve a copy of the

request on all persons who would otherwise be entitled under the

law of the importing country to commence proceedings for judicial

review of the determination.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 404, Dec. 8, 1993, 107 Stat.

2137.)

-CITE-

19 USC Sec. 3435 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Sec. 3435. Rules of procedure for panels and committees

-STATUTE-

(a) Rules of procedure for binational panels

The administering authority shall prescribe rules, negotiated in

accordance with paragraph 14 of article 1904, governing, with

respect to binational panel reviews -

(1) requests for such reviews, complaints, other pleadings, and

other papers;

(2) the amendment, filing, and service of such pleadings and

papers;

(3) the joinder, suspension, and termination of such reviews;

and

(4) other appropriate procedural matters.

(b) Rules of procedure for extraordinary challenge committees

The administering authority shall prescribe rules, negotiated in

accordance with paragraph 2 of Annex 1904.13, governing the

procedures for reviews by extraordinary challenge committees.

The administering authority shall prescribe rules, negotiated in

accordance with Annex 1905.6, governing the procedures for special

committees described in such Annex.

(d) Publication of rules

The rules prescribed under subsections (a), (b), and (c) of this

section shall be published in the Federal Register.

(e) Administering authority

As used in this section, the term ''administering authority'' has

the meaning given such term in section 1677(1) of this title.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 405, Dec. 8, 1993, 107 Stat.

2137.)

-CITE-

19 USC Sec. 3436 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Sec. 3436. Subsidy negotiations

-STATUTE-

In the case of any trade agreement which may be entered into by

the President with a NAFTA country, the negotiating objectives of

the United States with respect to subsidies shall include -

(1) achievement of increased discipline on domestic subsidies

provided by a foreign government, including -

(A) the provision of capital, loans, or loan guarantees on

terms inconsistent with commercial considerations;

(B) the provision of goods or services at preferential rates;

operating losses sustained by a specific industry; and

(D) the assumption of any costs or expenses of manufacture,

production, or distribution;

(2) achievement of increased discipline on export subsidies

provided by a foreign government, particularly with respect to

agricultural products; and

(3) maintenance of effective remedies against subsidized

imports, including, where appropriate, countervailing duties.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 406, Dec. 8, 1993, 107 Stat.

2138.)

-CITE-

19 USC Sec. 3437 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Sec. 3437. Identification of industries facing subsidized imports

-STATUTE-

(a) Petitions

Any entity, including a trade association, firm, certified or

recognized union, or group of workers, that is representative of a

United States industry and has reason to believe -

(1) that -

(A) as a result of implementation of provisions of the

Agreement, the industry is likely to face increased competition

from subsidized imports, from a NAFTA country, with which it

directly competes; or

(B) the industry is likely to face increased competition from

subsidized imports with which it directly competes from any

other country designated by the President, following

consultations with the Congress, as benefiting from a reduction

of tariffs or other trade barriers under a trade agreement that

enters into force with respect to the United States after

January 1, 1994; and

(2) that the industry is likely to experience a deterioration

of its competitive position before more effective rules and

disciplines relating to the use of government subsidies have been

developed with respect to the country concerned;

may file with the Trade Representative a petition that such

industry be identified under this section.

(b) Identification of industry

Within 90 days after receipt of a petition under subsection (a)

of this section, the Trade Representative, in consultation with the

Secretary of Commerce, shall decide whether to identify the

industry on the basis that there is a reasonable likelihood that

the industry may face both the subsidization described in

subsection (a)(1) of this section and the deterioration described

in subsection (a)(2) of this section.

At the request of an entity that is representative of an industry

identified under subsection (b) of this section, the Trade

Representative shall -

(1) compile and make available to the industry information

under section 2418 of this title;

(2) recommend to the President that an investigation by the

International Trade Commission be requested under section 332 of

the Tariff Act of 1930 (19 U.S.C. 1332); or

(3) take actions described in both paragraphs (1) and (2).

The industry may request the Trade Representative to take

appropriate action to update (as often as annually) any information

obtained under paragraph (1) or (2), or both, as the case may be,

until an agreement on more effective rules and disciplines relating

to government subsidies is reached between the United States and

the NAFTA countries.

(d) Initiation of action under other law

(1) In general

The Trade Representative and the Secretary of Commerce shall

review information obtained under subsection (c) of this section

and consult with the industry identified under subsection (b) of

this section with a view to deciding whether any action is

appropriate -

(A) under section 2411 of this title, including the

initiation of an investigation under section 2412(c) of this

title (in the case of the Trade Representative); or

(B) under subtitle A of title VII of the Tariff Act of 1930

(19 U.S.C. 1671 et seq.), including the initiation of an

investigation under section 702(a) of that Act (19 U.S.C.

1671a(a)) (in the case of the Secretary of Commerce).

(2) Criteria for initiation

In determining whether to initiate any investigation under

section 2411 of this title or any other trade law, other than

title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the

Trade Representative, after consultation with the Secretary of

Commerce -

(A) shall seek the advice of the advisory committees

established under section 2155 of this title;

(B) shall consult with the Committee on Finance of the Senate

and the Committee on Ways and Means of the House of

Representatives;

established under section 1872 of this title; and

(D) may ask the President to request advice from the

International Trade Commission.

(3) Title III actions

In the event an investigation is initiated under section

2412(c) of this title as a result of a review under this

subsection and the Trade Representative, following such

investigation (including any applicable dispute settlement

proceedings under the Agreement or any other trade agreement),

determines to take action under section 2411(a) of this title,

the Trade Representative shall give preference to actions that

most directly affect the products that benefit from governmental

subsidies and were the subject of the investigation, unless there

are no significant imports of such products or the Trade

Representative otherwise determines that application of the

action to other products would be more effective.

(e) Effect of decisions

Any decision, whether positive or negative, or any action by the

Trade Representative or the Secretary of Commerce under this

section shall not in any way -

(1) prejudice the right of any industry to file a petition

under any trade law;

(2) prejudice, affect, or substitute for, any proceeding,

investigation, determination, or action by the Secretary of

Commerce, the International Trade Commission, or the Trade

Representative pursuant to such a petition; or

(3) prejudice, affect, substitute for, or obviate any

proceeding, investigation, or determination under section 2411 of

this title, title VII of the Tariff Act of 1930 (19 U.S.C. 1671

et seq.), or any other trade law.

(f) Standing

Nothing in this section may be construed to alter in any manner

the requirements in effect before December 8, 1993, for standing

under any law of the United States or to add any additional

requirements for standing under any law of the United States.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 407, Dec. 8, 1993, 107 Stat. 2138;

Pub. L. 104-295, Sec. 21(c)(2), Oct. 11, 1996, 110 Stat. 3530.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in subsecs. (d)(1)(B), (2)

and (e)(3), is act June 17, 1930, ch. 497, 46 Stat. 590, as

amended. Title VII of the Act is classified generally to subtitle

IV (Sec. 1671 et seq.) of chapter 4 of this title. Subtitle A of

title VII of the Act is classified generally to part I (Sec. 1671

et seq.) of subtitle IV of chapter 4 of this title. For complete

classification of this Act to the Code, see section 1654 of this

title and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (e)(2). Pub. L. 104-295 substituted semicolon for

comma after ''such a petition''.

-CITE-

19 USC Sec. 3438 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part A - Organizational, Administrative, and Procedural Provisions

Regarding Implementation of Chapter 19 of Agreement

-HEAD-

Sec. 3438. Treatment of amendments to antidumping and

countervailing duty law

-STATUTE-

Any amendment enacted after the Agreement enters into force with

respect to the United States that is made to -

(1) section 303 (FOOTNOTE 1) or title VII of the Tariff Act of

1930 (19 U.S.C. 1671 et seq.), or any successor statute, or

(FOOTNOTE 1) See References in Text note below.

(2) any other statute which -

(A) provides for judicial review of final determinations

under such section, title, or successor statute, or

(B) indicates the standard of review to be applied,

shall apply to goods from a NAFTA country only to the extent

specified in the amendment.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 408, Dec. 8, 1993, 107 Stat.

2140.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in par. (1), is act June 17,

1930, ch. 497, 46 Stat. 590, as amended. Title VII of the Act is

classified generally to subtitle IV (Sec. 1671 et seq.) of chapter

4 of this title. Section 303 of the Act was classified to section

1303 of this title and was repealed, effective Jan. 1, 1995, by

Pub. L. 103-465, title II, Sec. 261(a), Dec. 8, 1994, 108 Stat.

4908. For savings provisions and treatment of references to section

1303 in other laws, see section 261(b), (d)(1)(C) of Pub. L.

103-465, set out as notes under section 1303 of this title. For

complete classification of this Act to the Code, see section 1654

of this title and Tables.

-MISC2-

APPLICATION OF AMENDMENTS BY PUBLIC LAW 103-465 TO GOODS FROM

CANADA AND MEXICO

Pub. L. 103-465, title II, Sec. 234, Dec. 8, 1994, 108 Stat.

4901, provided that: ''Pursuant to article 1902 of the North

American Free Trade Agreement and section 408 of the North American

Free Trade Agreement Implementation Act (19 U.S.C. 3438), the

amendments made by this title (see Tables for classification) shall

apply with respect to goods from Canada and Mexico.''

NORTH AMERICAN FREE TRADE AGREEMENT: ENTRY INTO FORCE

The North American Free Trade Agreement entered into force on

Jan. 1, 1994, see note set out under section 3311 of this title.

-CITE-

19 USC Part B - General Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part B - General Provisions

-HEAD-

Part B - General Provisions

-CITE-

19 USC Sec. 3451 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER IV - DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES

Part B - General Provisions

-HEAD-

Sec. 3451. Effect of termination of NAFTA country status

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, on the date

on which a country ceases to be a NAFTA country, the provisions of

this title (FOOTNOTE 1) (other than this section) and the

amendments made by this title (FOOTNOTE 1) shall cease to have

effect with respect to that country.

(FOOTNOTE 1) See References in Text note below.

(b) Transition provisions

(1) Proceedings regarding protective orders and undertakings

If on the date on which a country ceases to be a NAFTA country

an investigation or enforcement proceeding concerning the

violation of a protective order issued under section 1677f(f) of

this title or an undertaking of the Government of that country is

pending, the investigation or proceeding shall continue, and

sanctions may continue to be imposed, in accordance with the

provisions of such section 1677f(f) of this title.

(2) Binational panel and extraordinary challenge committee

reviews

If on the date on which a country ceases to be a NAFTA country

(A) a binational panel review under article 1904 of the

Agreement is pending, or has been requested; or

(B) an extraordinary challenge committee review under article

1904 of the Agreement is pending, or has been requested;

with respect to a determination which involves a class or kind of

merchandise and to which section 1516a(g)(2) of this title

applies, such determination shall be reviewable under section

1516a(a) of this title. In the case of a determination to which

the provisions of this paragraph apply, the time limits for

commencing an action under section 1516a(a) of this title shall

not begin to run until the date on which the Agreement ceases to

be in force with respect to that country.

-SOURCE-

(Pub. L. 103-182, title IV, Sec. 415, Dec. 8, 1993, 107 Stat. 2148;

Pub. L. 104-295, Sec. 21(c)(4), Oct. 11, 1996, 110 Stat. 3530.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in subsec. (a), is title IV of Pub. L.

103-182, Dec. 8, 1993, 107 Stat. 2129, which enacted this

subchapter, amended sections 1502, 1514, 1516a, 1677, and 1677f of

this title and sections 1581, 1584, 2201, and 2643 of Title 28,

Judiciary and Judicial Procedure, enacted provisions set out as a

note under section 3431 of this title, and amended provisions set

out as a note under section 2112 of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-295 substituted ''action under

section 1516a(a)'' for ''action under 1516a(a)''.

-CITE-

19 USC SUBCHAPTER V - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-CITE-

19 USC Part A - Provisions Relating to Performance Under

Agreement 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

Part A - Provisions Relating to Performance Under Agreement

-HEAD-

Part A - Provisions Relating to Performance Under Agreement

-CITE-

19 USC Sec. 3461 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

Part A - Provisions Relating to Performance Under Agreement

-HEAD-

Sec. 3461. Discriminatory taxes

-STATUTE-

It is the sense of the Congress that when a State, province, or

other governmental entity of a NAFTA country discriminatorily

enforces sales or other taxes so as to afford protection to

domestic production or domestic service providers, such enforcement

is in violation of the terms of the Agreement. When such

discriminatory enforcement adversely affects United States

producers of goods or United States service providers, the Trade

Representative should pursue all appropriate remedies to obtain

removal of such discriminatory enforcement, including invocation of

the provisions of the Agreement.

-SOURCE-

(Pub. L. 103-182, title V, Sec. 511, Dec. 8, 1993, 107 Stat. 2154.)

-MISC1-

EFFECTIVE DATE

Section 516 of title V of Pub. L. 103-182 provided that:

''(a) In General. - Except as provided in subsection (b), the

provisions of this subtitle (subtitle B (Sec. 511-516) of title V

of Pub. L. 103-182, enacting this part and section 2707 of this

title, amending section 2242 of this title, and enacting provisions

set out as a note under section 2707 of this title) shall take

effect on the date the Agreement enters into force with respect to

the United States (Jan. 1, 1994).

''(b) Exception. - Section 515 (enacting section 2707 of this

title and provisions set out as a note under section 2707 of this

title) shall take effect on the date of the enactment of this Act

(Dec. 8, 1993).''

-CITE-

19 USC Sec. 3462 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

Part A - Provisions Relating to Performance Under Agreement

-HEAD-

Sec. 3462. Review of operation and effects of Agreement

-STATUTE-

(a) Study

By not later than July 1, 1997, the President shall provide to

the Congress a comprehensive study on the operation and effects of

the Agreement. The study shall include an assessment of the

following factors:

(1) The net effect of the Agreement on the economy of the

United States, including with respect to the United States gross

national product, employment, balance of trade, and current

account balance.

(2) The industries (including agricultural industries) in the

United States that have significantly increased exports to Mexico

or Canada as a result of the Agreement, or in which imports into

the United States from Mexico or Canada have increased

significantly as a result of the Agreement, and the extent of any

change in the wages, employment, or productivity in each such

industry as a result of the Agreement.

(3) The extent to which investment in new or existing

production or other operations in the United States has been

redirected to Mexico as a result of the Agreement, and the effect

on United States employment of such redirection.

(4) The extent of any increase in investment, including foreign

direct investment and increased investment by United States

investors, in new or existing production or other operations in

the United States as a result of the Agreement, and the effect on

United States employment of such investment.

(5) The extent to which the Agreement has contributed to -

(A) improvement in real wages and working conditions in

Mexico,

(B) effective enforcement of labor and environmental laws in

Mexico, and

the United States-Mexico border.

(b) Scope

In assessing the factors listed in subsection (a) of this

section, to the extent possible, the study shall distinguish

between the consequences of the Agreement and events that likely

would have occurred without the Agreement. In addition, the study

shall evaluate the effects of the Agreement relative to aggregate

economic changes and, to the extent possible, relative to the

effects of other factors, including -

(1) international competition,

(2) reductions in defense spending,

(3) the shift from traditional manufacturing to knowledge and

information based economic activity, and

(4) the Federal debt burden.

The study shall include any appropriate recommendations by the

President with respect to the operation and effects of the

Agreement, including recommendations with respect to the specific

factors listed in subsection (a) of this section.

(d) Recommendations of certain committees

The President shall provide the study to the Committee on Ways

and Means of the House of Representatives and the Committee on

Finance of the Senate and any other committee that has jurisdiction

over any provision of United States law that was either enacted or

amended by the North American Free Trade Agreement Implementation

Act. Each such committee may hold hearings and make recommendations

to the President with respect to the operation and effects of the

Agreement.

-SOURCE-

(Pub. L. 103-182, title V, Sec. 512, Dec. 8, 1993, 107 Stat. 2155.)

-REFTEXT-

REFERENCES IN TEXT

The North American Free Trade Agreement Implementation Act,

referred to in subsec. (d), is Pub. L. 103-182, Dec. 8, 1993, 107

Stat. 2057. For complete classification of this Act to the Code,

see Short Title note set out under section 3301 of this title and

Tables.

-CITE-

19 USC Sec. 3463 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

Part A - Provisions Relating to Performance Under Agreement

-HEAD-

Sec. 3463. Report on impact of NAFTA on motor vehicle exports to

Mexico

-STATUTE-

(a) Findings

The Congress makes the following findings:

(1) Trade in motor vehicles and motor vehicle parts is one of

the most restricted areas of trade between the United States and

Mexico.

(2) The elimination of Mexico's restrictive barriers to trade

in motor vehicles and motor vehicle parts over a 10-year period

under the Agreement should increase substantially United States

exports of such products to Mexico.

(3) The Department of Commerce estimates that the Agreement

provides the opportunity to increase United States exports of

motor vehicles and motor vehicle parts by $1,000,000,000 during

the first year of the Agreement's implementation with the

potential for additional increases over the 10-year transition

period.

(4) The United States automotive industry has estimated that

United States exports of motor vehicles to Mexico should increase

to more than 60,000 units during the first year of the

Agreement's implementation, which is substantially above the

current level of 4,000 units.

(b) Trade Representative report

No later than July 1, 1995, and annually thereafter through 1999,

the Trade Representative shall submit a report to the Committee on

Finance of the Senate and the Committee on Ways and Means of the

House of Representatives on how effective the provisions of the

Agreement are with respect to increasing United States exports of

motor vehicles and motor vehicle parts to Mexico. Each report shall

identify and determine the following:

(1) The patterns of trade in motor vehicles and motor vehicle

parts between the United States and Mexico during the preceding

12-month period.

(2) The level of tariff and nontariff barriers that were in

force during the preceding 12-month period.

(3) The amount by which United States exports of motor vehicles

and motor vehicle parts to Mexico have increased from the

preceding 12-month period as a result of the elimination of

Mexican tariff and nontariff barriers under the Agreement.

(4) Whether any such increase in United States exports meets

the levels of new export opportunities anticipated under the

Agreement.

(5) If the anticipated levels of new United States export

opportunities are not reached, what actions the Trade

Representative is prepared to take to realize the benefits

anticipated under the Agreement, including possible initiation of

additional negotiations with Mexico for the purpose of seeking

modifications of the Agreement.

-SOURCE-

(Pub. L. 103-182, title V, Sec. 514, Dec. 8, 1993, 107 Stat. 2157.)

-CITE-

19 USC Part B - Implementation of NAFTA Supplemental

Agreements 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

Part B - Implementation of NAFTA Supplemental Agreements

-HEAD-

Part B - Implementation of NAFTA Supplemental Agreements

-CITE-

19 USC Sec. 3471 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

Part B - Implementation of NAFTA Supplemental Agreements

-HEAD-

Sec. 3471. Agreement on Labor Cooperation

-STATUTE-

(a) Commission for Labor Cooperation

(1) Membership

The United States is authorized to participate in the

Commission for Labor Cooperation in accordance with the North

American Agreement on Labor Cooperation.

(2) Contributions to budget

There are authorized to be appropriated to the President (or

such agency as the President may designate) $2,000,000 for each

of fiscal years 1994 and 1995 for United States contributions to

the annual budget of the Commission for Labor Cooperation

pursuant to Article 47 of the North American Agreement on Labor

Cooperation. Funds authorized to be appropriated for such

contributions by this paragraph are in addition to any funds

otherwise available for such contributions. Funds authorized to

be appropriated by this paragraph are authorized to be made

available until expended.

(b) Definitions

As used in this section -

(1) the term ''Commission for Labor Cooperation'' means the

commission established by Part Three of the North American

Agreement on Labor Cooperation; and

(2) the term ''North American Agreement on Labor Cooperation''

means the North American Agreement on Labor Cooperation Between

the Government of the United States of America, the Government of

Canada, and the Government of the United Mexican States (signed

at Mexico City, Washington, and Ottawa on September 8, 9, 12, and

14, 1993).

-SOURCE-

(Pub. L. 103-182, title V, Sec. 531, Dec. 8, 1993, 107 Stat. 2163.)

-CITE-

19 USC Sec. 3472 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

Part B - Implementation of NAFTA Supplemental Agreements

-HEAD-

Sec. 3472. Agreement on Environmental Cooperation

-STATUTE-

(a) Commission for Environmental Cooperation

(1) Membership

The United States is authorized to participate in the

Commission for Environmental Cooperation in accordance with the

North American Agreement on Environmental Cooperation.

(2) Contributions to budget

There are authorized to be appropriated to the President (or

such agency as the President may designate) $5,000,000 for each

of fiscal years 1994 and 1995 for United States contributions to

the annual budget of the Commission for Environmental Cooperation

pursuant to Article 43 of the North American Agreement on

Environmental Cooperation. Funds authorized to be appropriated

for such contributions by this paragraph are in addition to any

funds otherwise available for such contributions. Funds

authorized to be appropriated by this paragraph are authorized to

be made available until expended.

(b) Definitions

As used in this section -

(1) the term ''Commission for Environmental Cooperation'' means

the commission established by Part Three of the North American

Agreement on Environmental Cooperation; and

(2) the term ''North American Agreement on Environmental

Cooperation'' means the North American Agreement on Environmental

Cooperation Between the Government of the United States of

America, the Government of Canada, and the Government of the

United Mexican States (signed at Mexico City, Washington, and

Ottawa on September 8, 9, 12, and 14, 1993).

-SOURCE-

(Pub. L. 103-182, title V, Sec. 532, Dec. 8, 1993, 107 Stat. 2164.)

-EXEC-

EX. ORD. NO. 12915. FEDERAL IMPLEMENTATION OF THE NORTH AMERICAN

AGREEMENT ON ENVIRONMENTAL COOPERATION

Ex. Ord. No. 12915, May 13, 1994, 59 F.R. 25775, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the North

American Free Trade Agreement Implementation Act, Public Law

103-182; 107 Stat. 2057 (''NAFTA Implementation Act'') (see Tables

for classification), and section 301 of title 3, United States

Code, it is hereby ordered as follows:

Section 1. POLICY. (a) The North American Agreement on

Environmental Cooperation (''Environmental Cooperation Agreement'')

shall be implemented consistent with United States policy for the

protection of human, animal or plant life or health, and the

environment. The Environmental Cooperation Agreement shall also be

implemented to advance sustainable development, pollution

prevention, environmental justice, ecosystem protection, and

biodiversity preservation and in a manner that promotes

transparency and public participation in accordance with the North

American Free Trade Agreement (''NAFTA'') and the Environmental

Cooperation Agreement.

(b) Effective implementation of the Environmental Cooperation

Agreement is essential to the realization of the environmental

objectives of NAFTA and the NAFTA Implementation Act and promotes

cooperation on trade and environmental issues between the United

States, Canada, and Mexico.

Sec. 2. IMPLEMENTATION OF THE ENVIRONMENTAL COOPERATION

AGREEMENT.

(a) Policy Priorities. In accordance with Article 10(2) of the

Environmental Cooperation Agreement, it is the policy of the United

States to promote consideration of, with a view towards developing

recommendations and reaching agreement on, the following priorities

within the Council of the Commission for Environmental Cooperation

(''Council''):

(1) pursuant to Article 10(2)(m), the environmental impact of

goods throughout their life cycles, including the environmental

effects of processes and production methods and the internalization

of environmental costs associated with products from raw material

to disposal;

(2) pursuant to Articles 10(2)(b), (g), (i), (j), and (k),

pollution prevention techniques and strategies, transboundary and

border environmental issues, the conservation and protection of

wild flora and fauna (including endangered species), their habitats

and specially protected natural areas, and environmental emergency

preparedness and response activities;

(3) pursuant to Articles 10(3) and 10(4), implementation of

Environmental Cooperation Agreement provisions and the exchange of

information among the United States, Canada, and Mexico concerning

the development, continuing improvement, and effective enforcement

of, and compliance with, environmental laws, policies, incentives,

regulations, and other applicable standards;

(4) pursuant to Article 10(5)(a), public access to environmental

information held by public authorities of each party to the

Environmental Cooperation Agreement, including information on

hazardous materials and activities in its communities, and the

opportunity to participate in decision-making processes related to

such public access;

(5) pursuant to Article 10(2)(1), environmental matters as they

relate to sustainable development; and

(6) other priorities as appropriate or necessary.

(b) United States Representation on the Council. The

Administrator of the Environmental Protection Agency (''EPA'')

shall be the representative of the United States on the Council.

The policies and positions of the United States in the Council

shall be coordinated through applicable interagency procedures.

10(6)(d) of the Environmental Cooperation Agreement, the

Administrator of the EPA shall work actively within the Council to

consider on an ongoing basis the environmental effects of the NAFTA

and review progress toward the objectives of the Environmental

Cooperation Agreement.

(d) Transparency and Public Participation. The United States, as

appropriate, shall endeavor to ensure the transparency and openness

of, and opportunities for the public to participate in, activities

under the Environmental Cooperation Agreement.

(1) To the greatest extent practicable, pursuant to Articles

15(1) and 15(2), where the Secretariat of the Commission for

Environmental Cooperation (''Secretariat'') informs the Council

that a factual record is warranted, the United States shall support

the preparation of such factual record.

(2) To the greatest extent practicable, the United States shall

support public disclosure of all nonconfidential and nonproprietary

elements of reports, factual records, decisions, recommendations,

and other information gathered or prepared by the Commission for

Environmental Cooperation (''Commission''). Where requested

information is not made available, the United States shall endeavor

to have the Commission state in writing to the public its reasons

for denial of the request.

(3) The United States shall provide public notice of the

opportunity to apply for inclusion on a roster of qualified

individuals available to serve on arbitral panels under the

Environmental Cooperation Agreement.

(4) The United States shall seek to ensure that the Model Rules

of Procedure for dispute settlement established pursuant to

Articles 28(1) and 28(2) of the Environmental Cooperation Agreement

provide for the preparation of public versions of written

submissions and arbitral reports not otherwise made publicly

available, and for public access to arbitral hearings.

(5) Consistent with the Environmental Cooperation Agreement, the

EPA Administrator shall develop procedures to inform the public of

arbitral proceedings and Commission activities under the

Environmental Cooperation Agreement, and to provide appropriate

mechanisms for receiving public comment with respect to such

arbitral proceedings and Commission activities involving the United

States.

(6) As a disputing party, the United States shall seek to ensure,

pursuant to Article 30 of the Environmental Cooperation Agreement,

that the arbitral panels consult with appropriate experts for

information and technical advice.

(e) Consultation with States. (1) Pursuant to Article 18 of the

Environmental Cooperation Agreement, the EPA Administrator shall

establish a governmental committee to furnish advice regarding

implementation and further elaboration of the Agreement. Through

this committee, or through other means as appropriate, the EPA

Administrator and other relevant Federal agencies shall:

(A) inform the States on a continuing basis of matters under

the Environmental Cooperation Agreement that directly relate to,

or will potentially have a direct impact on, the States,

including: (i) dispute settlement proceedings and other matters

involving enforcement by the States of environmental laws; and

(ii) implementation of the Environmental Cooperation Agreement,

including Council, committee, and working group activities, in

any area in which the States exercise concurrent or exclusive

legislative, regulatory, or enforcement authority;

(B) provide the States with an opportunity to submit

information and advice with respect to the matters identified in

section 2(e)(1)(A) of this order; and

each stage of the development of United States positions

regarding matters identified in section 2(e)(1)(A) of this order

that will be addressed by the Council, committees, subcommittees,

or working groups established under the Environmental Cooperation

Agreement, or through dispute settlement processes prescribed

under the Environmental Cooperation Agreement (including

involvement through the inclusion of appropriate representatives

of the States).

(2) When formulating positions regarding matters identified in

section 2(e)(1)(A) of this order, the United States shall take into

account the information and advice received from States.

(3) The United States, where appropriate, shall include

representatives of interested States as Members of the United

States delegations to the Council and other Commission bodies,

including arbitral panels.

Sec. 3. NATIONAL ADVISORY COMMITTEE. The EPA Administrator shall

utilize a National Advisory Committee as provided under Article 17

of the Environmental Cooperation Agreement.

Sec. 4. UNITED STATES CONTRIBUTIONS TO THE COMMISSION FOR

ENVIRONMENTAL COOPERATION. In accordance with section 532(a)(2) of

the NAFTA Implementation Act (19 U.S.C. 3472(a)(2)), the EPA is

designated as the agency authorized to make the contributions of

the United States from funds available for such contributions to

the annual budget of the Commission for Environmental Cooperation.

Sec. 5. JUDICIAL REVIEW. This order is intended only to improve

the internal management of the executive branch and is not intended

to, and does not, create any right to administrative or judicial

review, or any other right or benefit or trust responsibility,

substantive or procedural, enforceable by a party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person. William J. Clinton.

-CITE-

19 USC Sec. 3473 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 21 - NORTH AMERICAN FREE TRADE

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

Part B - Implementation of NAFTA Supplemental Agreements

-HEAD-

Sec. 3473. Agreement on Border Environment Cooperation Commission

-STATUTE-

(a) Border Environment Cooperation Commission

(1) Membership

The United States is authorized to participate in the Border

Environment Cooperation Commission in accordance with the Border

Environment Cooperation Agreement.

(2) Contributions to the Commission budget

There are authorized to be appropriated to the President (or

such agency as the President may designate) $5,000,000 for fiscal

year 1994 and each fiscal year thereafter for United States

contributions to the budget of the Border Environment Cooperation

Commission pursuant to section 7 of Article III of Chapter I of

the Border Environment Cooperation Agreement. Funds authorized to

be appropriated for such contributions by this paragraph are in

addition to any funds otherwise available for such

contributions. Funds authorized to be appropriated by this

paragraph are authorized to be made available until expended.

(b) Civil actions involving Commission

For the purpose of any civil action which may be brought within

the United States by or against the Border Environment Cooperation

Commission in accordance with the Border Environment Cooperation

Agreement (including an action brought to enforce an arbitral award

against the Commission), the Commission shall be deemed to be an

inhabitant of the Federal judicial district in which its principal

office within the United States, or its agent appointed for the

purpose of accepting service or notice of service, is located. Any

such action to which the Commission is a party shall be deemed to

arise under the laws of the United States, and the district courts

of the United States (including the courts enumerated in section

460 of title 28) shall have original jurisdiction of any such

action. When the Commission is a defendant in any action in a

State court, it may at any time before trial remove the action into

the appropriate district court of the United States by following

the procedure for removal provided in section 1446 of title 28.

As used in this section -

(1) the term ''Border Environment Cooperation Agreement'' means

the November 1993 Agreement Between the Government of the United

States of America and the Government of the United Mexican States

Concerning the Establishment of a Border Environment Cooperation

Commission and a North American Development Bank;

(2) the terms ''Border Environment Cooperation Commission'' and

''Commission'' mean the commission established pursuant to

Chapter I of the Border Environment Cooperation Agreement; and

(3) the term ''United States'' means the United States, its

territories and possessions, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 103-182, title V, Sec. 533, Dec. 8, 1993, 107 Stat. 2164.)

-EXEC-

EX. ORD. NO. 12916. IMPLEMENTATION OF BORDER ENVIRONMENT

COOPERATION COMMISSION AND NORTH AMERICAN DEVELOPMENT BANK

Ex. Ord. No. 12916, May 13, 1994, 59 F.R. 25779, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the North

American Free Trade Agreement Implementation Act, Public Law

103-182; 107 Stat. 2057 (''NAFTA Implementation Act'') (see Tables

for classification), and section 301 of title 3, United States

Code, it is hereby ordered as follows:

Section 1. The Agreement Between the Government of the United

States of America and the Government of the United Mexican States

Concerning the Establishment of a Border Environment Cooperation

Commission and a North American Development Bank (''Agreement'')

shall be implemented consistent with United States policy for the

protection of human, animal or plant life or health, and the

environment. The Agreement shall also be implemented to advance

sustainable development, pollution prevention, environmental

justice, ecosystem protection, and biodiversity preservation and in

a manner that promotes transparency and public participation in

accordance with the North American Free Trade Agreement and the

Agreement.

Sec. 2. (a) The Administrator of the Environmental Protection

Agency and the United States Commissioner, International Boundary

and Water Commission, United States and Mexico (''Commissioner''),

shall represent the United States as Members of the Board of

Directors of the Border Environment Cooperation Commission in

accordance with the Agreement.

(b) The policies and positions of the United States in the Border

Environment Cooperation Commission shall be coordinated through

applicable interagency procedures, which shall include

participation by the Department of State, the Department of the

Treasury, the Department of Housing and Urban Development, the

Department of the Interior, the Agency for International

Development, the Environmental Protection Agency, and, as

appropriate, other Federal agencies.

between the International Boundary and Water Commission and the

Border Environment Cooperation Commission in planning, developing,

carrying out border sanitation, and other environmental activities.

Sec. 3. (a) The United States Government representatives to the

Board of the North American Development Bank shall be the Secretary

of the Treasury, the Secretary of State, and the Administrator of

the Environmental Protection Agency.

(b) For purposes of loans or guarantees for projects certified by

the Border Environment Cooperation Commission, the representatives

shall be instructed in accordance with the procedures of the

National Advisory Council on International Monetary and Financial

Policies (''Council'') as established by Executive Order No. 11269

(22 U.S.C. 286b note). For purposes of this section only, the

membership of the Council shall be expanded to include the

Secretary of the Department of Housing and Urban Development, the

Secretary of the Interior, and the Administrator of the

Environmental Protection Agency.

the Border Environment Cooperation Commission, the representatives

shall consult with the Community Adjustment and Investment Program

Advisory Committee (''Advisory Committee''), established pursuant

to section 543(b) of the NAFTA Implementation Act (22 U.S.C.

290m-2(b)) concerning community adjustment and investment aspects

of such loans or guarantees.

(d) For purposes of loans, guarantees, or grants endorsed by the

United States for community adjustment and investment, the

representatives shall be instructed by the Secretary of the

Treasury in accordance with procedures established by the Community

Adjustment and Investment Program Finance Committee established

pursuant to section 7 of this order.

Sec. 4. The functions vested in the President by section

543(a)(1) of the NAFTA Implementation Act (22 U.S.C. 290m-2(a)(1))

are delegated to the Secretary of the Treasury.

Sec. 5. The functions vested in the President by section

543(a)(2) and (3) of the NAFTA Implementation Act are delegated to

the Secretary of the Treasury, who shall exercise such functions in

accordance with the recommendations of the Community Adjustment and

Investment Program Finance Committee established pursuant to

section 7 of this order.

Sec. 6. The functions vested in the President by section

543(a)(5) and section 543(d) of the NAFTA Implementation Act are

delegated to the Community Adjustment and Investment Program

Finance Committee established pursuant to section 7 of this order,

which shall exercise such functions in consultation with the

Advisory Committee.

Sec. 7. (a) There is hereby established a Community Adjustment

and Investment Program Finance Committee (''Finance Committee'').

(b) The Finance Committee shall be composed of representatives

from the Department of the Treasury, the Department of Agriculture,

the Department of Housing and Urban Development, the Small Business

Administration, and any other Federal agencies selected by the

Chair of the Finance Committee to assist in carrying out the

community adjustment and investment program pursuant to section

543(a)(3) of the NAFTA Implementation Act (22 U.S.C. 290m-2(a)(3)).

Chair of the Finance Committee. The Chair shall be responsible for

presiding over the meetings of the Finance Committee, ensuring that

the views of all other Members are taken into account, coordinating

with other appropriate United States Government agencies in

carrying out the community adjustment and investment program, and

requesting meetings of the Advisory Committee pursuant to section

543(b)(4)(C) of the NAFTA Implementation Act.

Sec. 8. Any advice or conclusions of reviews provided to the

President by the Advisory Committee pursuant to section 543(b)(3)

of the NAFTA Implementation Act (22 U.S.C. 290m-2(b)(3)) shall be

provided through the Finance Committee.

Sec. 9. Any summaries of public comments or conclusions of

investigations and audits provided to the President by the

ombudsman pursuant to section 543(c)(1) of the NAFTA Implementation

Act shall be provided through the Finance Committee.

Sec. 10. The authority of the President under section 6 of Public

Law 102-532; 7 U.S.C. 5404, to establish an advisory board to be

known as the Good Neighbor Environmental Board is delegated to the

Administrator of the Environmental Protection Agency.

Sec. 11. This order is intended only to improve the internal

management of the executive branch and is not intended to, and does

not, create any right to administrative or judicial review, or any

other right or benefit or trust responsibility, substantive or

procedural, enforceable by a party against the United States, its

agencies or instrumentalities, its officers or employees, or any

other person. William J. Clinton.

-CITE-

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