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H. R. 434
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the
twenty-fourth day of January, two thousand
(Continued)
TITLE V—IMPORTS OF CERTAIN
WOOL ARTICLES
SEC. 501. TEMPORARY DUTY REDUCTIONS.
(a) CERTAIN WORSTED WOOL FABRICS WITH AVERAGE
FIBER DIAMETERS GREATER THAN 18.5 MICRON.—
(1) IN GENERAL.—Subchapter II of chapter 99
of the Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
‘‘ |
9902.51.11 |
Fabrics, of worsted
wool, with average fiber diameters greater than 18.5 micron, all the
foregoing certified by the importer as suitable for use in making
suits, suit-type jackets, or trousers (provided for in subheading
5111.11.70, 5111.19.60, 5112.11.20, or 5112.19.90) |
19.3% |
No change |
No change |
On or before 12/31/2003 |
’’. |
(2) STAGED RATE REDUCTIONS.—Any staged rate
reduction of a rate of duty set forth in subheading 6203.31.00 of the
Harmonized Tariff Schedule of the United States that is pro-claimed by
the President shall also apply to the corresponding rate of duty set
forth in heading 9902.51.11 of such Schedule, as added by paragraph (1).
(b) CERTAIN WORSTED WOOL FABRICS WITH AVERAGE
FIBER DIAMETERS OF 18.5 MICRON OR LESS.—
(1) IN GENERAL.—Subchapter II of chapter 99
of the Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
‘‘ |
9902.51.12 |
Fabrics, of worsted
wool, with average fiber diameters of 18.5 micron or less, all the
foregoing certified by the importer as suitable for use in making
suits, suit-type jackets, or trousers (provided for in subheading
5111.11.70, 5111.19.60, 5112.11.20, or 5112.19.90) |
6% |
No change |
No change |
On or before 12/31/2003 |
’’. |
(2) EQUALIZATION WITH CANADIAN DUTY
RATES.—The President is authorized to proclaim a reduction in the rate
of duty applicable to imports of worsted wool fabrics classified under
subheading 9902.51.12 of the Harmonized Tariff Schedule of the United
States, as added by paragraph (1), that is necessary to equalize such
rate of duty with the most favored nation rate of duty applicable to
imports of worsted wool fabrics of the kind described in such subheading
imported into Canada.
(c) DEFINITIONS.—The U.S. Notes to subchapter
II of chapter 99 of the Harmonized Tariff Schedule of the United States
are amended by adding at the end the following:
‘‘13. For purposes of headings 9902.51.11 and
9902.51.12, the term ‘suit’ has the meaning given such term under note
3(a) of chapter 62 for purposes of headings 6203 and 6204.
‘‘14. For purposes of headings 9902.51.11 and
9902.51.12, the term ‘making’ means cut and sewn in the United States.’’.
(d) LIMITATION ON QUANTITY OF IMPORTS.—The
U.S. Notes to subchapter II of chapter 99 of the Harmonized Tariff
Schedule of the United States, as amended by subsection (c), are further
amended by adding at the end the following:
‘‘15. The aggregate quantity of worsted wool fabrics
entered under heading 9902.51.11 from January 1 to December 31 of each
year, inclusive, shall be limited to 2,500,000 square meter equivalents,
or such other quantity proclaimed by the President pursuant to section
504(b)(3) of the Trade and Development Act of 2000.
‘‘16. The aggregate quantity of worsted wool fabrics
entered under subheading 9902.51.12 from January 1 to December 31 of each
year, inclusive, shall be limited to 1,500,000 square meter equivalents,
or such other quantity proclaimed by the President pursuant to section
504(b)(3) of the Trade and Development Act of 2000.’’.
(e) ALLOCATION OF TARIFF-RATE QUOTAS.—In
implementing the limitation on the quantity of imports of worsted wool
fabrics under headings 9902.51.11 and 9902.51.12 of the Harmonized Tariff
Schedule of the United States, as required by U.S. Notes 15 and 16 of
subchapter II of chapter 99 of such Schedule, respectively, for the entry,
or withdrawal from warehouse for consumption, the President, consistent
with United States international obligations, shall take such action as
determined appropriate by the President to ensure that such fabrics are
fairly allocated to persons (including firms, corporations, or other legal
entities) who cut and sew men’s and boys’ worsted wool suits and suit-like
jackets and trousers in the United States and who apply for an allocation
based on the amount of such suits cut and sewn during the prior calendar
year.
(f ) EFFECTIVE DATE.—The amendments made by
this section apply with respect to goods entered, or withdrawn from
warehouse for consumption, on or after January 1, 2001.
SEC. 502. TEMPORARY DUTY SUSPENSIONS.
(a) WOOL YARN WITH AVERAGE FIBER DIAMETERS OF
18.5 MICRON OR LESS.—Subchapter II of chapter 99 of the Harmonized Tariff
Schedule of the United States is amended by inserting in numerical
sequence the following new heading:
‘‘ |
9902.51.13 |
Yarn, of
combed wool, not put up for retail sale, containing 85 percent or
more by weight of wool, formed with wool fibers having diameters of
18.5 micron or less (provided for in subheading 5107.10.00)
....................... |
Free |
No change |
No change |
On or before
12/31/2003 |
’’. |
(b) WOOL FIBER AND WOOL TOP WITH AVERAGE
DIAMETERS OF 18.5 MICRON OR LESS.—Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:
‘‘ |
9902.51.14 |
Wool fiber, waste,
garnetted stock, combed wool, or wool top, having average fiber
diameters of 18.5 micron or less (pro-vided for in subheading
5101.11, 5101.19, 5101.21, 5101.29, 5101.30, 5103.10, 5103.20,
5104.00, 5105.21, or 5105.29) ........ |
Free |
No change |
No change |
On or before 12/31/2003 |
’’. |
(c) EFFECTIVE DATE.—The amendments made by
this section apply with respect to goods entered, or withdrawn from
warehouse for consumption, on or after January 1, 2001.
SEC. 503. SEPARATE TARIFF LINE TREATMENT FOR
WOOL YARN AND MEN’S OR BOYS’ SUITS AND SUIT-TYPE JACKETS AND TROUSERS OF
WORSTED WOOL FABRIC.
(a) SEPARATE TARIFF LINE TREATMENT.—The
President shall proclaim 8-digit tariff categories, without changes in
existing duty rates, in chapters 51 and 62 of the Harmonized Tariff
Schedule of the United States in order to provide separate tariff
treatment for—
(1) wool yarn made of wool fiber with an
average fiber diameter of 18.5 micron or less, and wool fabrics made
from yarns with an average fiber diameter of 18.5 micron or less; and
(2) men’s or boys’ suits, suit-type
jackets, and trousers of worsted wool fabric, made of wool yarn having
an average diameter of 18.5 micron or less.
(b) CONFORMING CHANGES.—The President is
authorized to make conforming changes in headings 9902.51.11, 9902.51.12,
9902.51.13, and 9902.51.14 of the Harmonized Tariff Schedule of the United
States to take into account the new permanent tariff categories proclaimed
under subsection (a).
SEC. 504. MONITORING OF MARKET CONDITIONS AND
AUTHORITY TO MODIFY TARIFF REDUCTIONS.
(a) MONITORING OF MARKET
CONDITIONS.—Beginning on the date of the enactment of this Act, the
President shall monitor market conditions in the United States, including
domestic demand, domestic supply, and increases in domestic production, of
worsted wool fabrics and their components in the market for—
(1) men’s or boys’ worsted wool suits,
suit-type jackets, and trousers;
(2) worsted wool fabric and yarn used in
the manufacture of such suits, jackets, and trousers; and
(3) wool used in the production of such
fabrics and yarn.
(b) AUTHORITY TO MODIFY LIMITATION ON
QUANTITY OF WORSTED WOOL FABRICS SUBJECT TO TARIFF REDUCTION.—
(1) IN GENERAL.—The President shall, on an
annual basis, consider requests made by United States manufacturers of
apparel products made of worsted wool fabrics described in subsection
(a) to modify the limitation on the quantity of imports of worsted wool
fabrics under headings 9902.51.11 and 9902.51.12 of the Harmonized
Tariff Schedule of the United States, as required by U.S. Notes 15 and
16 of subchapter II of chapter 99 of such Schedule, respectively.
(2) CONSIDERATION OF CERTAIN MARKET
CONDITIONS.—In determining whether to modify the limitation on the
quantity of imports of worsted wool fabrics described in paragraph (1),
the President shall consider the following United States market
conditions:
(A) Increases or decreases in sales of
the domestically-produced worsted wool fabrics described in subsection
(a).
(B) Increases or decreases in domestic
production of such fabrics.
(C) Increases or decreases in domestic
production and consumption of the apparel items described in
subsection (a).
(D) The ability of domestic producers of
worsted wool fabrics described in subsection (a) to meet the needs of
domestic manufacturers of the apparel items described in subsection
(a) in terms of quantity and ability to meet market demands for the
apparel items.
(E) Evidence that domestic manufacturers
of worsted wool fabrics have lost sales due to the temporary duty
reductions on certain worsted wool fabrics under headings 9902.51.11
and 9902.51.12 of the Harmonized Tariff Schedule of the United States
(as added by subsections (a) and (b) of section 501).
(F) Evidence that domestic manufacturers
of apparel items described in subsection (a) have lost sales due to
the inability to purchase adequate supplies of worsted wool fabrics on
a cost competitive basis.
(G) Price per square meter of imports and
domestic sales of worsted wool fabrics.
(3) MODIFICATION OF LIMITATION ON QUANTITY
OF FABRICS.—
(A) IN GENERAL.—If the President
determines that the limitation on the quantity of imports of worsted
wool fabrics under headings 9902.51.11 and 9902.51.12 of the
Harmonized Tariff Schedule of the United States should be modified,
the President shall proclaim such changes to U.S. Note 15 or 16 to
subchapter II of chapter 99 of such Schedule (as added by section
501(d)), as the President determines to be appropriate.
(B) ADDITIONAL REQUIREMENT.—In any
calendar year, any modification of the limitation on the quantity of
imports of worsted wool fabrics under headings 9902.51.11 and
9902.51.12 of the Harmonized Tariff Schedule of the United States
shall not exceed—
(i) 1,000,000 square meter equivalents
for worsted wool fabrics under heading 9902.51.11; and
(ii) 1,000,000 square meter equivalents
for worsted wool fabrics under heading 9902.51.12.
(c) IMPLEMENTATION.—The President shall issue
regulations necessary to implement the provisions of this section.
SEC. 505. REFUND OF DUTIES PAID ON IMPORTS OF
CERTAIN WOOL ARTICLES.
(a) WORSTED WOOL FABRICS.—In each of the
calendar years 2000, 2001, and 2002, a manufacturer of men’s or boys’
suits, suit-type jackets, or trousers (not a broker or other individual
acting on behalf of the manufacturer to process the import) of imported
worsted wool fabrics of the kind described in heading 9902.51.11 or
9902.51.12 of the Harmonized Tariff Schedule of the United States shall be
eligible for a refund of duties paid on entries of such fabrics in each
such calendar year in an amount equal to one-third of the amount of duties
paid by the importer on such worsted wool fabrics (without regard to
micron level) imported in calendar year 1999.
(b) WOOL YARN.—In each of the calendar years
2000, 2001, and 2002, a manufacturer of worsted wool fabrics who imports
wool yarn of the kind described in heading 9902.51.13 of the Harmonized
Tariff Schedule of the United States shall be eligible for a refund of
duties paid on entries of such wool yarn in each such calendar year in an
amount equal to one-third of the amount of duties paid by the manufacturer
on such wool yarn (without regard to micron level) imported in calendar
year 1999.
(c) WOOL FIBER AND WOOL TOP.—In each of the
calendar years 2000, 2001, and 2002, a manufacturer of wool yarn or wool
fabric who imports wool fiber or wool top of the kind described in heading
9902.51.14 of the Harmonized Tariff Schedule of the United States shall be
eligible for a refund of duties paid on entries of such wool fiber in each
such calendar year in an amount equal to one-third of the amount of duties
paid by the manufacturer on such wool fiber (without regard to micron
level) imported in calendar year 1999.
(d) PROPER IDENTIFICATION AND APPROPRIATE
CLAIM.—Any per-son applying for a rebate under this section shall properly
identify and make appropriate claim to the United States Customs Service
for each entry involved.
SEC. 506. WOOL RESEARCH, DEVELOPMENT, AND
PROMOTION TRUST FUND.
(a) ESTABLISHMENT.—There is hereby
established within the Treasury of the United States a trust fund to be
known as the Wool Research, Development, and Promotion Trust Fund
(hereafter in this section referred to as the ‘‘Trust Fund’’), consisting
of such amounts as may be transferred to the Trust Fund under subsection
(b)(1) and any amounts as may be credited to the Trust Fund under
subsection (c)(2).
(b) TRANSFER OF AMOUNTS.—
(1) IN GENERAL.—The Secretary of the
Treasury shall transfer to the Trust Fund out of the general fund of the
Treasury of the United States amounts determined by the Secretary of the
Treasury to be equivalent to the amounts received into such general fund
that are attributable to the duty received on articles under chapters 51
and 52 of the Harmonized Tariff Schedule of the United States, subject
to the limitation in paragraph (2).
(2) LIMITATION.—The Secretary shall not
transfer more than $2,250,000 to the Trust Fund in any fiscal year.
(3) TRANSFERS BASED ON ESTIMATES.—The
amounts required to be transferred under paragraph (1) shall be
transferred at least quarterly from the general fund of the Treasury of
the United States to the Trust Fund on the basis of estimates made by
the Secretary of the Treasury of the amounts referred to in paragraph
(1) that are received into the Treasury. Proper adjustments shall be
made in the amounts subsequently transferred to the extent prior
estimates were in excess of, or less than, the amounts required to be
transferred.
(c) INVESTMENT OF TRUST FUND.—
(1) IN GENERAL.—It shall be the duty of the
Secretary of the Treasury to invest such portion of the Trust Fund as is
not, in the Secretary’s judgment, required to meet current withdrawals.
Such investments may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States. For such purpose, such obligations may be
acquired on original issue at the issue price or by purchase of
outstanding obligations at the market price. Any obligation acquired by
the Trust Fund may be sold by the Secretary of the Treasury at the
market price.
(2) INTEREST AND PROCEEDS FROM SALE OR
REDEMPTION OF OBLIGATIONS.—The interest on, and the proceeds from the
sale or redemption of, any obligations held in the Trust Fund shall be
credited to and form a part of the Trust Fund.
(d) AVAILABILITY OF AMOUNTS FROM TRUST
FUND.—From amounts available in the Trust Fund (including any amounts not
obligated in previous fiscal years), the Secretary of Agriculture is
authorized to provide grants to a nationally-recognized council
established for the development of the United States wool market for the
following purposes:
(1) Assist United States wool producers to
improve the quality of wool produced in the United States, including to
improve wool production methods.
(2) Disseminate information on improvements
described in paragraph (1) to United States wool producers generally.
(3) Assist United States wool producers in
the development and promotion of the wool market.
(e) REPORTS TO CONGRESS.—The Secretary of the
Treasury, in consultation with the Secretary of Agriculture, shall prepare
and submit to Congress an annual report on the financial condition and
the results of the operations of the Trust Fund, including a description
of the use of amounts of grants provided under sub-section (d), during the
preceding fiscal year and on its expected condition and operations during
the next fiscal year.
(f ) SUNSET PROVISION.—Effective January 1,
2004, the Trust Fund shall be abolished and all amounts in the Trust Fund
on such date shall be transferred to the general fund of the Treasury of
the United States.
TITLE VI—REVENUE PROVISIONS
SEC. 601. APPLICATION OF DENIAL OF
FOREIGN TAX CREDIT REGARDING TRADE AND INVESTMENT WITH RESPECT TO CERTAIN
FOREIGN COUNTRIES.
(a) IN GENERAL.—Section 901( j) of the
Internal Revenue Code of 1986 (relating to denial of foreign tax credit,
etc., regarding trade and investment with respect to certain foreign
countries) is amended by adding at the end the following new paragraph:
‘‘(5) WAIVER OF DENIAL.—
‘‘(A) IN GENERAL.—Paragraph (1) shall not apply
with respect to taxes paid or accrued to a country if the President—
‘‘(i) determines that a waiver of the
application of such paragraph is in the national interest of the
United States and will expand trade and investment opportunities for
United States companies in such country; and
‘‘(ii) reports such waiver under subparagraph
(B).
‘‘(B) REPORT.—Not less than 30 days before the
date on which a waiver is granted under this paragraph, the President
shall report to Congress—
‘‘(i) the intention to grant such waiver; and
‘‘(ii) the reason for the determination under
subparagraph (A)(i).’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply on or after February 1, 2001.
SEC. 602. ACCELERATION OF COVER OVER PAYMENTS
TO PUERTO RICO AND VIRGIN ISLANDS.
(a) INITIAL PAYMENT.—Section 512(b) of the
Ticket to Work and Work Incentives Improvement Act of 1999 is amended—
(1) by striking ‘‘October 1, 2000,’’ in the
matter preceding paragraph (1) and inserting ‘‘the first day of the
month within which the date of the enactment of the Trade and
Development Act of 2000 occurs,’’; and
(2) by striking paragraph (2) and inserting
the following new paragraph:
‘‘(2) SECOND TRANSFER OF INCREMENTAL INCREASE IN
COVER OVER ATTRIBUTABLE TO PERIODS BEFORE RESUMPTION OF REGULAR
PAYMENTS.—The Secretary of the Treasury shall transfer on the first
payment date after the date of the enactment of the Trade and
Development Act of 2000 an amount equal to the excess of—
‘‘(A) the amount of such increase otherwise
required to be covered over after June 30, 1999, and before the first
day of the month within which such date of enactment occurs, over
‘‘(B) the amount of the transfer described in
paragraph (1).’’.
(b) CLARIFICATION OF DISPOSITION OF TAXES TO
VIRGIN ISLANDS.—So much of paragraph (3) of section 7652(b) of the
Internal Revenue Code of 1986 (relating to Virgin Islands) as precedes
subparagraph (B) thereof is amended to read as follows:
‘‘(3) DISPOSITION OF INTERNAL REVENUE
COLLECTIONS.—The Secretary shall determine the amount of all taxes
imposed by, and collected under the internal revenue laws of the United
States on articles produced in the Virgin Islands and transported to the
United States. The amount so determined less 1 percent and less the
estimated amount of refunds or credits shall be subject to disposition
as follows:
‘‘(A) The payment of an estimated amount shall
be made to the government of the Virgin Islands before the
commencement of each fiscal year as set forth in section 4(c)(2) of
the Act entitled ‘An Act to authorize appropriations for certain
insular areas of the United States, and for other purposes’, approved
August 18, 1978 (48 U.S.C. 1645), as in effect on the date of the
enactment of the Trade and Development Act of 2000. The payment so
made shall constitute a separate fund in the treasury of the Virgin
Islands and may be expended as the legislature may determine.’’.
(c) RESOLUTION OF STATUTORY CONFLICT.—Section
7652 of the Internal Revenue Code of 1986 (relating to shipments to the
United States) is amended by adding at the end the following new sub-
ection:
‘‘(h) MANNER OF COVER OVER OF TAX MUST BE DERIVED
FROM THIS TITLE.—No amount shall be covered into the treasury of Puerto
Rico or the Virgin Islands with respect to taxes for which cover over is
provided under this section unless made in the manner specified in this
section without regard to—
‘‘(1) any provision of law which is not contained
in this title or in a revenue Act; and
‘‘(2) whether such provision of law is a
subsequently enacted provision or directly or indirectly seeks to waive
the application of this subsection.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to transfers or payments made after
the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate
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