[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2739 Enrolled Bill (ENR)]
H.R.2739
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
To implement the United States-Singapore Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``United States-
Singapore Free Trade Agreement Implementation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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5aa0ffba2b3fdcbae03004cde29d8da9c3f0eb499053b6002e8ea00c04a0547e

TITLE I

-APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE AGREEMENT

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Subtitle A--Relief From Imports Benefiting From the Agreement

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TITLE III

-RELIEF FROM IMPORTS

Subtitle B--Textile and Apparel Safeguard Measures

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Subtitle C--Cases Under Title II of the Trade Act of 1974

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The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement between
the United States and the Republic of Singapore entered into under
the authority of section 2103(b) of the Bipartisan Trade Promotion
Authority Act of 2002;
(2) to strengthen and develop economic relations between the
United States and Singapore for their mutual benefit;
(3) to establish free trade between the 2 nations through the
reduction and elimination of barriers to trade in goods and
services and to investment; and
(4) to lay the foundation for further cooperation to expand and
enhance the benefits of such Agreement.

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TITLE IV

-TEMPORARY ENTRY OF BUSINESS PERSONS

In this Act:
(1) Agreement.--The term ``Agreement'' means the United States-
Singapore Free Trade Agreement approved by Congress under section
101(a).
(2) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule
of the United States.

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(a) Approval of Agreement and Statement of Administrative Action.--
Pursuant to section 2105 of the Bipartisan Trade Promotion Authority
Act of 2002 (19 U.S.C. 3805) and section 151 of the Trade Act of 1974
(19 U.S.C. 2191), Congress approves--
(1) the United States-Singapore Free Trade Agreement entered
into on May 6, 2003, with the Government of Singapore and submitted
to Congress on July 15, 2003; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to Congress on July 15,
2003.
(b) Conditions for Entry Into Force of the Agreement.--At such time
as the President determines that Singapore has taken measures necessary
to bring it into compliance with those provisions of the Agreement that
take effect on the date on which the Agreement enters into force, the
President is authorized to exchange notes with the Government of
Singapore providing for the entry into force, on or after January 1,
2004, of the Agreement for the United States.

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(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, 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 by virtue of congressional approval thereof; 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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OF, PROCLAIMED ACTIONS.
(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 135 of the Trade Act of 1974; and
(B) the United States International Trade Commission;
(2) the President has submitted a report to the Committee on
Finance of the Senate and the Committee on Ways and Means of the
House of Representatives 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 on the first day on
which the requirements of paragraphs (1) and (2) have been met 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 provisions under subsection (a)
may not take effect before the 15th day after the date on which the
text of the proclamation is published in the Federal Register.

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INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of enactment of
this Act--
(A) the President may proclaim such actions, and
(B) 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.
(2) Waiver of 15-day restriction.--The 15-day restriction in
section 103(b) 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 required by or authorized under
this Act or proposed in the statement of administrative action
submitted under section 101(a)(2) 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. 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.

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(a) Establishment or Designation of Office.--The President is
authorized to establish or designate within the Department of Commerce
an office that shall be responsible for providing administrative
assistance to panels established under chapter 20 of the Agreement.
Such office may not be considered to be an agency for purposes of
section 552 of title 5, United States Code.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year after fiscal year 2003 to the
Department of Commerce such sums as may be necessary for the
establishment and operations of the office under subsection (a) and for
the payment of the United States share of the expenses of panels
established under chapter 20 of the Agreement.

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(a) Submission of Certain Claims.--The United States is authorized
to resolve any claim against the United States covered by article
15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement, pursuant
to the Investor-State Dispute Settlement procedures set forth in
section C of chapter 15 of the Agreement.
(b) Contract Clauses.--All contracts executed by any agency of the
United States on or after the date of entry into force of the Agreement
shall contain a clause specifying the law that will apply to resolve
any breach of contract claim.

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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.--
(1) Sections 1 through 3 and this title take effect on the date
of enactment of this Act.
(2) Section 205 takes effect on the date on which the textile
and apparel provisions of the Agreement take effect pursuant to
article 5.10 of the Agreement.
(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.

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(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
or apply articles 2.2, 2.5, 2.6, and 2.12 and Annex 2B of the
Agreement.
(b) Other Tariff Modifications.--Subject to the consultation and
layover provisions of section 103(a), the President may proclaim--
(1) such modifications or continuation of any duty,
(2) such modifications as the United States may agree to with
Singapore regarding the staging of any duty treatment set forth in
Annex 2B of the Agreement,
(3) such continuation of duty-free or excise treatment, or
(4) 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 Singapore provided for by the Agreement.
(c) Conversion to Ad Valorem Rates.--For purposes of subsections
(a) and (b), with respect to any good for which the base rate in the
Schedule of the United States set forth in Annex 2B of the Agreement 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.

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TITLE II

-CUSTOMS PROVISIONS

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Section 13031(b) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(b)) is amended by inserting after paragraph
(12) the following:
``(13) No fee may be charged under subsection (a) (9) or (10)
with respect to goods that qualify as originating goods under
section 202 of the United States-Singapore Free Trade Agreement
Implementation Act. Any service for which an exemption from such
fee is provided by reason of this paragraph may not be funded with
money contained in the Customs User Fee Account.''.

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Section 592(c) of the Tariff Act of 1930 (19 U.S.C. 1592(c)) is
amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Prior disclosure regarding claims under the united
states-singapore free trade agreement.--
``(A) An importer shall not be subject to penalties under
subsection (a) for making an incorrect claim that a good
qualifies as an originating good under section 202 of the
United States-Singapore Free Trade Agreement Implementation Act
if the importer, in accordance with regulations issued by the
Secretary of the Treasury, voluntarily and promptly makes a
corrected declaration and pays any duties owing.
``(B) In the regulations referred to in subparagraph (A),
the Secretary of the Treasury is authorized to prescribe time
periods for making a corrected declaration and paying duties
owing under subparagraph (A), if such periods are not shorter
than 1 year following the date on which the importer makes the
incorrect claim that a good qualifies as an originating
good.''.

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(a) Denial of Permission To Conduct Site Visits.--
(1) In general.--Subject to paragraph (2), if the Secretary of
the Treasury proposes to conduct a site visit at an enterprise
registered under article 5.3 of the Agreement, and responsible
officials of the enterprise do not consent to the proposed visit,
the President may exclude from the customs territory of the United
States textile and apparel goods produced or exported by that
enterprise.
(2) Termination of exclusion.--An exclusion of textile and
apparel goods produced or exported by an enterprise under paragraph
(1) shall terminate when the President determines that the
enterprise's production of, and capability to produce, the goods
are consistent with statements by the enterprise that textile or
apparel goods the enterprise produces or has produced are
originating goods or products of Singapore, as the case may be.
(b) Knowing or Willful Circumvention.--
(1) In general.--If the President finds that an enterprise of
Singapore has knowingly or willfully engaged in circumvention, the
President may exclude from the customs territory of the United
States textile and apparel goods produced or exported by the
enterprise. An exclusion under this paragraph may be imposed on the
date beginning on the date a finding of knowing or willful
circumvention is made and shall be in effect for a period not
longer than the applicable period described in paragraph (2).
(2) Time periods.--
(A) First finding.--With respect to a first finding under
paragraph (1), the applicable period is 6 months.
(B) Second finding.--With respect to a second finding under
paragraph (1), the applicable period is 2 years.
(C) Third and subsequent finding.--With respect to a third
or subsequent finding under paragraph (1), the applicable
period is 2 years. If, at the time of a third or subsequent
finding, an exclusion is in effect as a result of a previous
finding, the 2-year period applicable to the third or
subsequent finding shall begin on the day after the day on
which the previous exclusion terminates.
(c) Certain Other Instances of Circumvention.--If the President
consults with Singapore pursuant to article 5.8 of the Agreement, the
consultations fail to result in a mutually satisfactory solution to the
matters at issue, and the President presents to Singapore clear
evidence of circumvention under the Agreement, the President may--
(1) deny preferential tariff treatment to the goods involved in
the circumvention; and
(2) deny preferential tariff treatment, for a period not to
exceed 4 years from the date on which consultations pursuant to
article 5.8 of the Agreement conclude, to--
(A) textile and apparel goods produced by the enterprise
found to have engaged in the circumvention, including any
successor of such enterprise; and
(B) textile and apparel goods produced by any other entity
owned or operated by a principal of the enterprise, if the
principal also is a principal of the other entity.
(d) Definitions.--In this section:
(1) General definitions.--The terms ``circumvention'',
``preferential tariff treatment'', ``principal'', and ``textile and
apparel goods'' have the meanings given such terms in chapter 5 of
the Agreement.
(2) Enterprise.--The term ``enterprise'' has the meaning given
that term in article 1.2.3 of the Agreement.

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The Secretary of the Treasury shall prescribe such regulations as
may be necessary to carry out--
(1) subsections (a) through (n) of section 202, and section
203;
(2) amendments made by the sections referred to in paragraph
(1); and
(3) proclamations issued under section 202(o).

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In this title:
(1) Commission.--The term ``Commission'' means the United
States International Trade Commission.
(2) Singaporean article.--The term ``Singaporean article''
means an article that qualifies as an originating good under
section 202(a) of this Act.
(3) Singaporean textile or apparel article.--The term
``Singaporean textile or apparel article'' means an article--
(A) that is listed in the Annex to the Agreement on
Textiles and Clothing referred to in section 101(d)(4) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)); and
(B) that is a Singaporean article.
Subtitle A--Relief From Imports Benefiting From the Agreement

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(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 (19 U.S.C. 2252(a)).
(3) Critical circumstances.--Any allegation that critical
circumstances exist shall be included in the petition.
(b) Investigation and Determination.--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 Singaporean 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
Singaporean article 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.
(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).
(4) Subsection (i).
(d) Articles Exempt From Investigation.--No investigation may be
initiated under this section with respect to any Singaporean article
if, after the date that the Agreement enters into force, import relief
has been provided with respect to that Singaporean article under--
(1) this subtitle;
(2) subtitle B;
(3) chapter 1 of title II of the Trade Act of 1974;
(4) article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round Agreements
Act (19 U.S.C. 3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture referred to in
section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).

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(a) Determination.--Not later than 120 days (180 days if critical
circumstances have been alleged) after the date on which an
investigation is initiated under section 311(b) with respect to a
petition, the Commission shall make the determination required under
that section.
(b) 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) (1), (2), and (3)) 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).
(c) 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, or
if the President may consider a determination of the Commission to be
an affirmative determination as provided for under paragraph (1) of
section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)), the
Commission shall find, and recommend to the President in the report
required under subsection (d), 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 the relief described in section 313(c). Only those
members of the Commission who voted in the affirmative under subsection
(a) are eligible to vote on the proposed action to remedy or prevent
the injury found by the Commission. Members of the Commission who did
not vote in the affirmative may submit, in the report required under
subsection (d), separate views regarding what action, if any, should be
taken to remedy or prevent the injury.
(d) Report to President.--Not 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 includes--
(1) the determination made under subsection (a) and an
explanation of the basis for the determination;
(2) if the determination under subsection (a) is affirmative,
any findings and recommendations for import relief made under
subsection (c) and an explanation of the basis for each
recommendation; and
(3) any dissenting or separate views by members of the
Commission regarding the determination and recommendation referred
to in paragraphs (1) and (2).
(e) Public Notice.--Upon submitting a report to the President under
subsection (d), 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.

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(a) In General.--Not later than the date that is 30 days after the
date on which the President receives the report of the Commission in
which the Commission's determination under section 312(a) is
affirmative, or which contains a determination under section 312(a)
that the President considers to be affirmative under paragraph (1) of
section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), the
President, subject to subsection (b), 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 prevent the injury
found by the Commission and to facilitate the efforts of the domestic
industry to make a positive adjustment to import competition.
(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.
(c) Nature of Relief.--
(1) In general.--The import relief (including provisional
relief) that the President is authorized to provide under this
section with respect to imports of an article is as follows:
(A) The suspension of any further reduction provided for
under Annex 2B 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; or
(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.
(C) In the case of a duty applied on a seasonal basis to
such article, an increase in the rate of duty imposed on the
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 for the immediately preceding
corresponding season; or
(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.
(2) Progressive liberalization.--If the period for which import
relief is provided under this section is greater than 1 year, the
President shall provide for the progressive liberalization
(described in article 7.28 of the Agreement) of such relief at
regular intervals during the period of its application.
(d) Period of Relief.--
(1) In general.--Subject to paragraph (2), the import relief
that the President is authorized to provide under this section may
not exceed 2 years.
(2) Extension.--
(A) In general.--Subject to subparagraph (C), the
President, after receiving an affirmative determination from
the Commission under subparagraph (B), may extend the effective
period of any import relief provided under this section if the
President determines that--
(i) the import relief continues to be necessary to
prevent or remedy serious injury and to facilitate
adjustment; and
(ii) there is evidence that the industry is making a
positive adjustment to import competition.
(B) Action by commission.--
(i) Upon a petition on behalf of the industry
concerned, filed with the Commission not earlier than the
date which is 9 months, and not later than the date which
is 6 months, before the date on which any action taken
under subsection (a) is to terminate, the Commission shall
conduct an investigation to determine whether action under
this section continues to be necessary to remedy or prevent
serious injury and whether there is evidence that the
industry is making a positive adjustment to import
competition.
(ii) The Commission shall publish notice of the
commencement of any proceeding under this subparagraph in
the Federal Register and shall, within a reasonable time
thereafter, hold a public hearing at which the Commission
shall afford interested parties and consumers an
opportunity to be present, to present evidence, and to
respond to the presentations of other parties and
consumers, and otherwise to be heard.
(iii) The Commission shall transmit to the President a
report on its investigation and determination under this
subparagraph not later than 60 days before the action under
subsection (a) is to terminate, unless the President
specifies a different date.
(C) Period of import relief.--The effective period of any
import relief imposed under this section, including any
extensions thereof, may not, in the aggregate, exceed 4 years.
(e) Rate After Termination of Import Relief.--When import relief
under this section is terminated with respect to an article, the rate
of duty on that article shall be the rate that would have been in
effect, but for the provision of such relief, on the date the relief
terminates.
(f) Articles Exempt From Relief.--No import relief may be provided
under this section on any article that has been subject to import
relief, after the entry into force of the Agreement, under--
(1) this subtitle;
(2) subtitle B;
(3) chapter 1 of title II of the Trade Act of 1974;
(4) article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round Agreements
Act (19 U.S.C. 3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture referred to in
section 101(d)(2) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(2)).

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(a) General Rule.--No import relief may be provided under this
subtitle after the date that is 10 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 Singaporean article after the date on which such
relief would, but for this subsection, terminate under subsection (a),
if the President determines that Singapore has consented to such
relief.

23e2b44ea1caa3d81dcf10421d188cea4899da54b06ab9df56241d113bf64096

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 313
shall be treated as action taken under chapter 1 of title II of such
Act.

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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''; and
(2) by inserting before the period at the end ``, and title III
of the United States-Singapore Free Trade Agreement Implementation
Act''.
Subtitle B--Textile and Apparel Safeguard Measures

57412a97091893a3b28816a5a09e20ee25e24f925e8de3382a72b1c25c42efad

(a) In General.--A request under this subtitle for the purpose of
adjusting to the obligations of the United States under the Agreement
may be filed with the President by an interested party. Upon the filing
of a request, the President shall review the request to determine, from
information presented in the request, whether to commence consideration
of the request.
(b) Publication of Request.--If the President determines that the
request under subsection (a) provides the information necessary for the
request to be considered, the President shall cause to be published in
the Federal Register a notice of commencement of consideration of the
request, and notice seeking public comments regarding the request. The
notice shall include the request and the dates by which comments and
rebuttals must be received.

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(a) Determination.--
(1) In general.--Pursuant to a request made by an interested
party, the President shall determine whether, as a result of the
reduction or elimination of a duty under the Agreement, a
Singaporean textile or apparel article is being imported into the
United States in such increased quantities, in absolute terms or
relative to the domestic market for that article, and under such
conditions that imports of the article constitute a substantial
cause of serious damage, or actual threat thereof, to a domestic
industry producing an article that is like, or directly competitive
with, the imported article.
(2) Serious damage.--In making a determination under paragraph
(1), the President--
(A) shall examine the effect of increased imports on the
domestic industry, as reflected in changes in such relevant
economic factors as output, productivity, utilization of
capacity, inventories, market share, exports, wages,
employment, domestic prices, profits, and investment, none of
which is necessarily decisive; and
(B) shall not consider changes in technology or consumer
preference as factors supporting a determination of serious
damage or actual threat thereof.
(3) Substantial cause.--For purposes of this subsection, the
term ``substantial cause'' means a cause that is important and not
less than any other cause.
(b) Provision of Relief.--
(1) In general.--If a determination under subsection (a) is
affirmative, the President may provide relief from imports of the
article that is the subject of such determination, as described in
paragraph (2), to the extent that the President determines
necessary to remedy or prevent the serious damage and to facilitate
adjustment by the domestic industry.
(2) Nature of relief.--The relief that the President is
authorized to provide under this subsection with respect to imports
of an article is--
(A) the suspension of any further reduction provided for
under Annex 2B of the Agreement in the duty imposed on the
article; or
(B) an increase in the rate of duty imposed on the 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; or
(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.

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(a) In General.--Subject to subsection (b), the import relief that
the President is authorized to provide under section 322 may not exceed
2 years.
(b) Extension.--
(1) In general.--Subject to paragraph (2), the President may
extend the effective period of any import relief provided under
this subtitle if the President determines that--
(A) the import relief continues to be necessary to remedy
or prevent serious damage and to facilitate adjustment; and
(B) there is evidence that the industry is making a
positive adjustment to import competition.
(2) Limitation.--The effective period of any action under this
subtitle, including any extensions thereof, may not, in the
aggregate, exceed 4 years.

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The President may not provide import relief under this subtitle
with respect to any article if import relief previously has been
provided under this subtitle with respect to that article.

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When import relief under this subtitle is terminated with respect
to an article, the rate of duty on that article shall be the rate that
would have been in effect, but for the provision of such relief, on the
date the relief terminates.

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No import relief may be provided under this subtitle with respect
to an article after the date that is 10 years after the date on which
the provisions of the Agreement relating to trade in textile and
apparel goods take effect pursuant to article 5.10 of the Agreement.

74df031fc404f31c91665d8edbc18b1337170fc48179241ab5942e0dafb56a27

For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
2133), any import relief provided by the President under this subtitle
shall be treated as action taken under chapter 1 of title II of such
Act.

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The President may not release information which the President
considers to be confidential business information unless the party
submitting the confidential businessinformation had notice, at the time
of submission, that such information would be released by the
President, or such party subsequently consents to the release of the
information. To the extent business confidential information is
provided, a nonconfidential version of the information shall also be
provided, in which the business confidential information is summarized
or, if necessary, deleted.
Subtitle C--Cases Under Title II of the Trade Act of 1974

4deb1643ea0059fe025fbe014d1048a505ac43af35212fcdc1ee5537e54e8b14

(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
Singapore are a substantial cause of serious injury or threat thereof.
(b) Presidential Determination Regarding Singaporean 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 Singapore are a substantial cause of the serious
injury or threat thereof found by the Commission and, if such
determination is in the negative, may exclude from such action imports
from Singapore.

15456ccd25c7e534743e01a400822f5d72901ca0fb7cdb0e0f9a11b487fc7457

Upon a basis of reciprocity secured by the Agreement, an alien who
is a national of Singapore (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 such alien, if accompanying or following to join the
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 clause
(i) or (ii) of such section 101(a)(15)(E). For purposes of this
section, the term ``national'' has the meaning given such term in Annex
1A of the Agreement.

00a7ca1cfdd8bf9a68e28d60f6c3c6816e19738de4cc727fb4e86a901d896d85

Section 214(g)(8) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(8)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(8)(A) The agreements referred to in section 101(a)(15)(H)(i)(b1)
are--
``(i) the United States-Chile Free Trade Agreement; and
``(ii) the United States-Singapore Free Trade Agreement.''; and
(2) by amending subparagraph (B)(ii) to read as follows:
``(ii) The annual numerical limitations described in clause (i)
shall not exceed--
``(I) 1,400 for nationals of Chile (as defined in article 14.9
of the United States-Chile Free Trade Agreement) for any fiscal
year; and
``(II) 5,400 for nationals of Singapore (as defined in Annex 1A
of the United States-Singapore Free Trade Agreement) for any fiscal
year.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

0fcf5aa6ae6472c27c8c1bb31cf3955232794e921e3808138a001d1d9af2d380

United States-Singapore Free Trade Agreement Implementation Act — HR. 2739

Other Sections

TITLE I

TITLE III

TITLE IV

TITLE II

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