Directs the International Trade Commission (ITC), upon the filing of a petition by an entity (including a trade association, firm, certified or recognized union, or group of workers representative of an industry) requesting trade relief from U.S. obligations under the Agreement, to initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Jordanian article is being imported into the United States in such increased quantities and under such conditions that such imports alone constitute a substantial cause of serious injury (or its threat) to the domestic industry producing an article that is like, or directly competitive with, such imported article. Prescribes a procedure for ITC action on such a petition. Requires the President, upon an affirmative determination by the ITC, to provide necessary import relief and facilitate efforts of the domestic industry to make a positive adjustment to import competition, unless the provision of such relief is not in the U.S. national economic interest, or in extraordinary circumstances, the provision of relief would cause serious harm to U.S. national security.
Requires the ITC, if an affirmative determination about import competition has been made under the Trade Act of 1974, also to find whether imports of Jordanian articles are a substantial cause of serious injury or its threat. Requires the President to review such a determination, and authorizes exclusion of such Jordanian imports from remedial action if the final determination is negative.
Authorizes a Jordanian national (including any spouse or child, if accompanying or following to join such national) to enter the United States pursuant to the Agreement as a nonimmigrant if such entrance is solely to carry on substantial trade, or solely to develop the operations of an enterprise in which he has invested a substantial amount of capital.
Declares that U.S. law shall supercede any inconsistent Agreement provisions.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1484 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1484
To implement the agreement establishing a United States-Jordan free
trade area.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Levin (for himself, Mr. Rangel, Mr. Gephardt, Mr. Bonior, Mr.
Matsui, Mr. Neal of Massachusetts, Mr. Jefferson, Mr. Becerra, Mr.
Doggett, Mr. Tanner, Mr. Moran of Virginia, Ms. Carson of Indiana, Mrs.
Tauscher, Mr. Meeks of New York, Mr. Lantos, Mr. Frank, Mr. Hinchey,
Mr. Berman, Mr. Pomeroy, Mr. McNulty, Mr. McDermott, Mr. Lewis of
Georgia, and Mr. Cardin) introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To implement the agreement establishing a United States-Jordan free
trade area.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``United States-Jordan Free Trade Area
Implementation Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to implement the agreement between the United States
and Jordan establishing a free trade area;
(2) to strengthen and develop the economic relations
between the United States and Jordan for their mutual benefit;
and
(3) to establish free trade between the 2 nations through
the removal of trade barriers.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Agreement.--The term ``Agreement'' means the Agreement
between the United States of America and the Hashemite Kingdom
of Jordan on the Establishment of a Free Trade Area, entered
into on October 24, 2000.
(2) HTS.--The term ``HTS'' means the Harmonized Tariff
Schedule of the United States.
TITLE I--TARIFF MODIFICATIONS; RULES OF ORIGIN
SEC. 101. TARIFF MODIFICATIONS.
(a) Tariff Modifications Provided for in the Agreement.--The
President may proclaim--
(1) such modifications or continuation of any duty,
(2) such continuation of duty-free or excise treatment, or
(3) such additional duties,
as the President determines to be necessary or appropriate to carry out
article 2.1 of the Agreement and the schedule of duty reductions with
respect to Jordan set out in Annex 2.1 of the Agreement.
(b) Other Tariff Modifications.--The President may proclaim--
(1) such modifications or continuation of any duty,
(2) such continuation of duty-free or excise treatment, or
(3) 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 Jordan provided for by the Agreement.
SEC. 102. RULES OF ORIGIN.
(a) In General.--
(1) Eligible articles.--
(A) In general.--The reduction or elimination of
any duty imposed on any article by the United States
provided for in the Agreement shall apply only if--
(i) that article is imported directly from
Jordan into the customs territory of the United
States; and
(ii) that article--
(I) is wholly the growth, product,
or manufacture of Jordan; or
(II) is a new or different article
of commerce that has been grown,
produced, or manufactured in Jordan and
meets the requirements of subparagraph
(B).
(B) Requirements.--
(i) General rule.--The requirements of this
subparagraph are that with respect to an
article described in subparagraph (A)(ii)(II),
the sum of--
(I) the cost or value of the
materials produced in Jordan, plus
(II) the direct costs of processing
operations performed in Jordan,
is not less than 35 percent of the appraised
value of such article at the time it is
entered.
(ii) Materials produced in united states.--
If the cost or value of materials produced in
the customs territory of the United States is included with respect to
an article to which this paragraph applies, an amount not to exceed 15
percent of the appraised value of the article at the time it is entered
that is attributable to such United States cost or value may be applied
toward determining the percentage referred to in clause (i).
(2) Exclusions.--No article may be considered to meet the
requirements of paragraph (1)(A) by virtue of having merely
undergone--
(A) simple combining or packaging operations; or
(B) mere dilution with water or mere dilution with
another substance that does not materially alter the
characteristics of the article.
(b) Direct Costs of Processing Operations.--
(1) In general.--As used in this section, the term ``direct
costs of processing operations'' includes, but is not limited
to--
(A) all actual labor costs involved in the growth,
production, manufacture, or assembly of the specific
merchandise, including fringe benefits, on-the-job
training, and the cost of engineering, supervisory,
quality control, and similar personnel; and
(B) dies, molds, tooling, and depreciation on
machinery and equipment which are allocable to the
specific merchandise.
(2) Excluded costs.--The term ``direct costs of processing
operations'' does not include costs which are not directly
attributable to the merchandise concerned, or are not costs of
manufacturing the product, such as--
(A) profit; and
(B) general expenses of doing business which are
either not allocable to the specific merchandise or are
not related to the growth, production, manufacture, or
assembly of the merchandise, such as administrative
salaries, casualty and liability insurance,
advertising, and salesmen's salaries, commissions, or
expenses.
(c) Textile and Apparel Articles.--
(1) In general.--A textile or apparel article imported
directly from Jordan into the customs territory of the United
States shall be considered to meet the requirements of
paragraph (1)(A) of subsection (a) only if--
(A) the article is wholly obtained or produced in
Jordan;
(B) the article is a yarn, thread, twine, cordage,
rope, cable, or braiding, and--
(i) the constituent staple fibers are spun
in Jordan, or
(ii) the continuous filament is extruded in
Jordan;
(C) the article is a fabric, including a fabric
classified under chapter 59 of the HTS, and the
constituent fibers, filaments, or yarns are woven,
knitted, needled, tufted, felted, entangled, or
transformed by any other fabric-making process in
Jordan; or
(D) the article is any other textile or apparel
article that is wholly assembled in Jordan from its
component pieces.
(2) Definition.--For purposes of paragraph (1), an article
is ``wholly obtained or produced in Jordan'' if it is wholly
the growth, product, or manufacture of Jordan.
(3) Special rules.--(A) Notwithstanding paragraph (1)(D)
and except as provided in subparagraphs (C) and (D) of this
paragraph, subparagraph (A), (B), or (C) of paragraph (1), as
appropriate, shall determine whether a good that is classified
under one of the following headings or subheadings of the HTS
shall be considered to meet the requirements of paragraph
(1)(A) of subsection (a): 5609, 5807, 5811, 6209.20.50.40,
6213, 6214, 6301, 6302, 6304, 6305, 6306, 6307.10, 6307.90,
6308, and 9404.90.
(B) Notwithstanding paragraph (1)(D) and except as provided
in subparagraphs (C) and (D) of this paragraph, a textile or
apparel article which is knit-to-shape in Jordan shall be
considered to meet the requirements of paragraph (1)(A) of
subsection (a).
(C) Notwithstanding paragraph (1)(D), a good classified
under heading 6117.10, 6213.00, 6214.00. 6302.22, 6302.29,
6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92,
6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95
of the HTS, except for a good classified under any such heading
as of cotton or of wool or consisting of fiber blends
containing 16 percent or more by weight of cotton, shall be
considered to meet the requirements of paragraph (1)(A) of
subsection (a) if the fabric in the good is both dyed and
printed in Jordan, and such dyeing and printing is accompanied
by 2 or more of the following finishing operations: bleaching,
shrinking, fulling, napping, decating, permanent stiffening,
weighting, permanent embossing, or moireing.
(D) Notwithstanding paragraph (1)(C), a fabric classified
under the HTS as of silk, cotton, man-made fiber, or vegetable
fiber shall be considered to meet the requirements of paragraph
(1)(A) of subsection (a) if the fabric is both dyed and printed
in Jordan, and such dyeing and printing is accompanied by 2 or
more of the following finishing operations: bleaching,
shrinking, fulling, napping, decating, permanent stiffening,
weighting, permanent embossing, or moireing.
(4) Multicountry rule.--If the origin of a textile or
apparel article cannot be determined under paragraph (1) or
(3), then that article shall be considered to meet the
requirements of paragraph (1)(A) of subsection (a) if--
(A) the most important assembly or manufacturing
process occurs in Jordan; or
(B) if the applicability of paragraph (1)(A) of
subsection (a) cannot be determined under subparagraph
(A), the last important assembly or manufacturing
occurs in Jordan.
(d) Exclusion.--A good shall not be considered to meet the
requirements of paragraph (1)(A) of subsection (a) if the good--
(1) is imported into Jordan, and, at the time of
importation, would be classified under heading 0805 of the HTS;
and
(2) is processed in Jordan into a good classified under any
of subheadings 2009.11 through 2009.30 of the HTS.
(e) Regulations.--The Secretary of the Treasury, after consultation
with the United States Trade Representative, shall prescribe such
regulations as may be necessary to carry out this section.
TITLE II--RELIEF FROM IMPORTS
Subtitle A--General Provisions
SEC. 201. DEFINITIONS.
As used in this title:
(1) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(2) Jordanian article.--The term ``Jordanian article''
means an article that qualifies for reduction or elimination of
a duty under section 102.
Subtitle B--Relief From Imports Benefiting From The Agreement
SEC. 211. COMMENCING OF ACTION FOR RELIEF.
(a) Filing of Petition.--
(1) In general.--A petition requesting action under this
part for the purpose of adjusting to the obligations of the
United States under the Agreement may be filed with the
Commission by an entity, including a trade association, firm,
certified or recognized union, or group of workers that is
representative of an industry. The Commission shall transmit a
copy of any petition filed under this subsection to the United
States 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 202(a) of the
Trade Act of 1974.
(3) Critical circumstances.--Any allegation that critical
circumstances exist shall be included in the petition.
(b) Investigation and Determination.--
(1) In general.--Upon the filing of a petition under
subsection (a), the Commission, unless subsection (d) 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 Jordanian article is being imported
into the United States in such increased quantities, in
absolute terms or relative to domestic production, and under
such conditions that imports of the Jordanian article alone
constitute a substantial cause of serious injury or threat
thereof to the domestic industry producing an article that is
like, or directly competitive with, the imported article.
(2) Causation.--For purposes of this part, a Jordanian
article is being imported into the United States in increased
quantities as a result of the reduction or elimination of a
duty provided for under the Agreement if the reduction or
elimination is a cause that contributes significantly to the
increase in imports. Such cause need not be equal to or greater
than any other cause.
(c) Applicable Provisions.--The following provisions of section 202
of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to any
investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).
(2) Subsection (c).
(3) Subsection (d).
(d) Articles Exempt From Investigation.--No investigation may be
initiated under this section with respect to any Jordanian article if
import relief has been provided under this part with respect to that
article.
SEC. 212. COMMISSION ACTION ON PETITION.
(a) Determination.--By no later than 120 days (180 days if critical
circumstances have been alleged) after the date on which an
investigation is initiated under section 211(b) with respect to a
petition, the Commission shall make the determination required under
that section.
(b) Additional Finding and Recommendation if Determination
Affirmative.--If the determination made by the Commission under
subsection (a) with respect to imports of an article is affirmative,
the Commission shall find, and recommend to the President in the report
required under subsection (c), the amount of import relief that is
necessary to remedy or prevent the injury found by the Commission in
the determination and to facilitate the efforts of the domestic
industry to make a positive adjustment to import competition. The
import relief recommended by the Commission under this subsection shall
be limited to that described in section 213(c).
(c) Report to President.--No later than the date that is 30 days
after the date on which a determination is made under subsection (a)
with respect to an investigation, the 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) regarding import
relief.
(d) Public Notice.--Upon submitting a report to the President under
subsection (c), the Commission shall promptly make public such report
(with the exception of information which the Commission determines to
be confidential) and shall cause a summary thereof to be published in
the Federal Register.
(e) Applicable Provisions.--For purposes of this part, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of the
Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with respect to
determinations and findings made under this section as if such
determinations and findings were made under section 202 of the Trade
Act of 1974 (19 U.S.C. 2252).
SEC. 213. PROVISION OF RELIEF.
(a) In General.--No later than the date that is 30 days after the
date on which the President receives the report of the Commission
containing an affirmative determination of the Commission under section
212(a), the President shall provide relief from imports of the article
that is the subject of such determination to the extent that the
President determines necessary to prevent or remedy the injury found by
the Commission and to facilitate the efforts of the domestic industry
to make a positive adjustment to import competition, unless the
President determines that the provision of such relief is not in the
national economic interest of the United States or, in extraordinary
circumstances, that the provision of such relief would cause serious
harm to the national security of the United States.
(b) National Economic Interest.--The President may determine under
subsection (a) that providing import relief is not in the national
economic interest of the United States only if the President finds that
taking such action would have an adverse impact on the United States
economy clearly greater than the benefits of taking such action.
(c) Nature of Relief.--The import relief (including provisional
relief) that the President is authorized to provide under this part
with respect to imports of an article is--
(1) the suspension of any further reduction provided for
under the United States Schedule to Annex 2.1 of the Agreement
in the duty imposed on that article;
(2) an increase in the rate of duty imposed on such article
to a level that does not exceed the lesser of--
(A) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import relief
is provided; or
(B) 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
(3) in the case of a duty applied on a seasonal basis to
that 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 occurring immediately 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 4 years.
(e) Rate After Termination of Import Relief.--When import relief
under this part is terminated with respect to an 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 2.1 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
211; 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
2.1; 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 2.1 for
the elimination of the tariff.
SEC. 214. TERMINATION OF RELIEF AUTHORITY.
(a) General Rule.--Except as provided in subsection (b), no import
relief may be provided under this part after the date that is 15 years
after the date on which the Agreement enters into force.
(b) Exception.--Import relief may be provided under this part in
the case of a Jordanian article after the date on which such relief
would, but for this subsection, terminate under subsection (a), but
only if the Government of Jordan consents to such provision.
SEC. 215. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
2133), any import relief provided by the President under section 213
shall be treated as action taken under chapter 1 of title II of such
Act.
SEC. 216. SUBMISSION OF PETITIONS.
A petition for import relief may be submitted to the Commission
under--
(1) this part;
(2) chapter 1 of title II of the Trade Act of 1974; or
(3) under both this part and such chapter 1 at the same
time, in which case the Commission shall consider such
petitions jointly.
Subtitle C--Cases Under Title II Of The Trade Act of 1974
SEC. 221. FINDINGS AND ACTION ON JORDANIAN IMPORTS.
(a) Effect of Imports.--If, in any investigation initiated under
chapter 1 of title II of the Trade Act of 1974, the Commission makes an
affirmative determination (or a determination which the President may
treat as an affirmative determination under such chapter by reason of
section 330(d) of the Tariff Act of 1930), the Commission shall also
find (and report to the President at the time such injury determination
is submitted to the President) whether imports of the article from
Jordan are a substantial cause of serious injury or threat thereof.
(b) Presidential Action Regarding Jordanian Imports.--In
determining the nature and extent of action to be taken under chapter 1
of title II of the Trade Act of 1974, the President shall determine
whether imports from Jordan are a substantial cause of the serious
injury found by the Commission and, if such determination is in the
negative, may exclude from such action imports from Jordan.
SEC. 222. TECHNICAL AMENDMENT.
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8))
is amended in the first sentence--
(1) by striking ``and part 1'' and inserting ``, part 1'';
and
(2) by inserting before the period at the end ``, and title
II of the United States-Jordan Free Trade Area Implementation
Act''.
TITLE III--TEMPORARY ENTRY
SEC. 301. NONIMMIGRANT TRADERS AND INVESTORS.
Upon the basis of reciprocity secured by the Agreement, an alien
who is a national of Jordan (and any spouse or child (as defined in
section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)) of the alien, if accompanying or following to join the
alien) shall be considered as entitled to enter the United States under
and in pursuance of the provisions of the Agreement as a nonimmigrant
described in section 101(a)(15)(E) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(E)), if the entrance is solely for a purpose
described in clause (i) or (ii) of such section and the alien is
otherwise admissible to the United States as such a nonimmigrant.
TITLE IV--GENERAL PROVISIONS
SEC. 401. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND STATE LAW.
(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, that 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, or
(B) to limit any authority conferred under any law
of the United States,
unless specifically provided for in this Act.
(b) Relationship of Agreement to State Law.--
(1) 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.
(2) Definition of state law.--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.
(c) Effect of Agreement With Respect to Private Remedies.--No
person other than the United States--
(1) shall have any cause of action or defense under the
Agreement; 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.
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year after
fiscal year 2001 to the Department of Commerce not more than $100,000
for the payment of the United States share of the expenses incurred in
dispute settlement proceedings under article 17 of the Agreement.
SEC. 403. IMPLEMENTING REGULATIONS.
After the date of enactment of this Act--
(1) the President may proclaim such actions, and
(2) other appropriate officers of the United States 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 the Agreement enters into force.
SEC. 404. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) Effective Dates.--Except as provided in subsection (b), the
provisions of this Act and the amendments made by this Act take effect
on the date the Agreement enters into force.
(b) Exceptions.--Sections 1 through 3 and this title take effect on
the date of the enactment of this Act.
(c) Termination of the Agreement.--On the date on which the
Agreement ceases to be in force, the provisions of this Act (other than
this subsection) and the amendments made by this Act, shall cease to
have effect.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Trade.
For Further Action See H.R.2603.
Referred to the Subcommittee on Immigration and Claims.
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