[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2603 Enrolled Bill (ENR)]
H.R.2603
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
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,

c5e5d691bab9a0c21e52c8ec754a6140a09a89c5b3fe083287d031d431b2e4d1

This Act may be cited as the ``United States-Jordan Free Trade Area
Implementation Act''.

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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.

3169d23ca727521fe6a9d2ac56cd1c9789c0c44ce9729693a167a2df01b2fe0f

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.

2a7c538629f0bb27535953b83ac38562f85971bc1af92397edc70acb4581f955

(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.

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TITLE I

-TARIFF MODIFICATIONS; 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) Certain made-up articles, textile articles in the
piece, and certain other textiles and textile articles.--
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) Certain knit-to-shape textiles and textile articles.--
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) Certain dyed and printed textiles and textile
articles.--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) Fabrics of silk, cotton, manmade fiber or vegetable
fiber.--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.
Subtitle A--General Provisions

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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

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TITLE II

-RELIEF FROM IMPORTS

(a) Filing of Petition.--
(1) In general.--A petition requesting action under this
subtitle 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 subtitle, 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 subtitle with respect to
that article.

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(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 subtitle, 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).

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(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 subtitle
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 subtitle 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.

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(a) General Rule.--Except as provided in subsection (b), no import
relief may be provided under this subtitle 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 subtitle
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.

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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.

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A petition for import relief may be submitted to the Commission
under--
(1) this subtitle;
(2) chapter 1 of title II of the Trade Act of 1974; or
(3) under both this subtitle 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

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(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.

95552820cfc4b70689ef3f1d39c83eb58480afb9304697ca8523c934fd3b54b8

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''.

35897629185506ea0d0d764d6bb5d1e84d56f027e27c5cfe51333cf66f2a658c

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 entry 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.

272fb601d14e8cd2323dda2b1d6f1d5f3838c467046eda95eca4b25f49573d4e

TITLE III

-TEMPORARY ENTRY

(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.

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TITLE IV

-GENERAL PROVISIONS

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.

d62a38126b52c3ee362f466d7c3c8f3151da0608fca6823c60c70611fae58c05

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.

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(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 be
effective.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

248a531b216513cb915cf5b4848501c3496bd99c7628047b1343c4822a7c2131

United States-Jordan Free Trade Area Implementation Act — HR. 2603

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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