Details on the House-Passed Conference Version of Miscellaneous Trade Bill (Part IV)
On October 8, 2004, the House of Representatives passed the conference version of H.R. 1047, the Miscellaneous Trade and Technical Corrections Act of 2003. According to Congressional sources, the Senate is expected to consider the conference version of H.R. 1047 in mid-November 2004, when it returns after the election.
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This is Part IV of a multi-part series of summaries on the conference version of H.R. 1047 and highlights provisions that were newly added to the conference version (i.e., provisions that were not included in either the initial House- or Senate-passed versions of H.R. 1047).
NTR (Column 1) Tariff Treatment for Laos
Laos is currently listed in HTS General Note 3(b) as a country whose products are denied NTR tariff treatment (i.e, are subject to the higher column 2 duty rates). The conference version of H.R. 1047 would amend HTS General Note 3(b) by striking Laos from HTS General Note 3(b).
Repeal of the Antidumping Provision of the Revenue Act of 1916
The conference version of H.R. 1047 would repeal the antidumping provisions (Section 801) of the Revenue Act of 1916 (1916 Act) in order to bring the U.S. into compliance with a World Trade Organization (WTO) ruling.
The conference version states that this repeal shall not affect any action under Section 801 that was commenced before the date of enactment of H.R. 1047 and is pending on such date.
(See ITT's Online Archives or 02/27/04 news, 04022730, for BP summary of the WTO's February 2004 ruling on the EU's dispute with the U.S. regarding the 1916 Act.)
Separate AGOA "Third Country" Limit for Mauritius (for One Year)
The conference version of H.R. 1047 would amend 19 USC 3721(b)(3)(B), the African Growth and Opportunity Act (AGOA) "Special Rule for Lesser Developed Countries" in order to add a new section (iv) entitled "Separate Limitation for Mauritius" which states that for the one year period beginning October 1, 2004:
the term "lesser developed beneficiary AGOA country" includes Mauritius; and
the "applicable percentage" with respect to Mauritius is 5% of 2.6428%.
(19 USC 3721(b)(3)(B) pertains to the duty-free sublimit for apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more "lesser developed beneficiary AGOA countries," regardless of the country of origin of the fabric or yarn used to make such articles, in an amount not to exceed the "applicable percentage" of the aggregate square meter equivalents of all apparel articles imported in to the U.S. in the preceding 12-month period for which data are available. (See HTS 9819.11.12).
In addition, the conference version states that notwithstanding 19 USC 1514 or any other provision of law, upon proper request filed with U.S. Customs and Border Protection before the 90th day after the date of enactment, any entry, or withdrawal from warehouse for consumption, of any good (a) that was made on or after October 1, 2004 and before the date of enactment, and (b) with respect to which there would have been no duty if this amendment applied to such entry or withdrawal, shall be liquidated or reliquidated as if such amendment applied to such entry or withdrawal.
(Note that H.R. 1047 uses the term "lesser developed beneficiary sub-Saharan African (SSA) country" while this ITT summary uses the term "lesser-developed beneficiary AGOA country.")
Termination of the Application of Jackson-Vanik to Armenia
The conference version of H.R. 1047 would grant the President authority to: (1) determine that Title IV of the Trade Act of 1974 (Jackson-Vanik freedom of emigration requirements) should no longer apply to Armenia; and (2) proclaim the extension of permanent NTR treatment to the products of Armenia (eliminating the need for a Jackson-Vanik waiver).
See ITT's Online Archives or 10/19/04, 10/20/04, and 10/22/04 news, 04101905, 04102005, and 04102225, for Parts I, II, and III.
Legislative text of the Conference version of H.R. 1047 available at http://waysandmeans.house.gov/media/pdf/hr1047/HR1047confreptlegtext.pdf.
Joint explanatory statement of the conference committee regarding H.R. 1047 available at
http://waysandmeans.house.gov/media/pdf/hr1047/hr1047confreptexplanstatement.pdf.