[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5684 Enrolled Bill (ENR)]
H.R.5684
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To implement the United States-Oman 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-Oman
Free Trade Agreement Implementation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

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6b5f632b88e236388b2edf3798795e5de0b6a301ec225136adf41a851376d8d4

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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The purposes of this Act are--
(1) to approve and implement the Free Trade Agreement between
the United States and Oman entered into under the authority of
section 2103(b) of the Bipartisan Trade Promotion Authority Act of
2002 (19 U.S.C. 3803(b));
(2) to strengthen and develop economic relations between the
United States and Oman 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

-PROCUREMENT

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

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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-Oman Free Trade Agreement entered into on
January 19, 2006, with Oman and submitted to Congress on June 26,
2006; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to Congress on June 26,
2006.
(b) Conditions for Entry Into Force of the Agreement.--At such time
as the President determines that Oman has taken measures necessary to
bring it into compliance with those provisions of the Agreement that
are to take effect on the date on which the Agreement enters into
force, the President is authorized to exchange notes with the
Government of Oman providing for the entry into force, on or after
January 1, 2007, of the Agreement with respect to the United States.

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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, 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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AND INITIAL REGULATIONS.
(a) Implementing Actions.--
(1) Proclamation authority.--After the date of the 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 on which
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 on which the Agreement enters
into force.
(2) 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
section 104 may not take effect before the 15th day after the date
on which the text of the proclamation is published in the Federal
Register.
(3) Waiver of 15-day restriction.--The 15-day restriction in
paragraph (2) 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 on which 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 on
which the Agreement enters into force. In the case of any implementing
action that takes effect on a date after the date on which the
Agreement enters into force, 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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DATE OF, PROCLAIMED ACTIONS.
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 (19 U.S.C. 2155); and
(B) the United States International Trade Commission;
(2) the President has submitted to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives a report 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 set forth in paragraphs (1) and (2) have
been met has expired; and
(4) the President has consulted with the Committees referred to
in paragraph (2) regarding the proposed action during the period
referred to in paragraph (3).

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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. The
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 2006 to the
Department of Commerce such sums as may be necessary for the
establishment and operations of the office established or designated
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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The United States is authorized to resolve any claim against the
United States covered by article 10.15.1(a)(i)(C) or article
10.15.1(b)(i)(C) of the Agreement, pursuant to the Investor-State
Dispute Settlement procedures set forth in section B of chapter 10 of
the Agreement.

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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 on which 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 terminates, 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.--
(1) Proclamation authority.--The President may proclaim--
(A) such modifications or continuation of any duty,
(B) such continuation of duty-free or excise treatment, or
(C) such additional duties,
as the President determines to be necessary or appropriate to carry
out or apply articles 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and Annex 2-
B of the Agreement.
(2) Effect on omani gsp status.--Notwithstanding section
502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the
President shall, on the date on which the Agreement enters into
force, terminate the designation of Oman as a beneficiary
developing country for purposes of title V of the Trade Act of 1974
(19 U.S.C. 2461 et seq.).
(b) Other Tariff Modifications.--Subject to the consultation and
layover provisions of section 104, the President may proclaim--
(1) such modifications or continuation of any duty,
(2) such modifications as the United States may agree to with
Oman regarding the staging of any duty treatment set forth in Annex
2-B 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 Oman 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
Tariff Schedule of the United States to Annex 2-B 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

(a) Application and Interpretation.--In this section:
(1) Tariff classification.--The basis for any tariff
classification is the HTS.
(2) Reference to hts.--Whenever in this section there is a
reference to a heading or subheading, such reference shall be a
reference to a heading or subheading of the HTS.
(b) Originating Goods.--
(1) In general.--For purposes of this Act and for purposes of
implementing the preferential tariff treatment provided for under
the Agreement, a good is an originating good if--
(A) the good is imported directly--
(i) from the territory of Oman into the territory of
the United States; or
(ii) from the territory of the United States into the
territory of Oman; and
(B)(i) the good is a good wholly the growth, product, or
manufacture of Oman or the United States, or both;
(ii) the good (other than a good to which clause (iii)
applies) is a new or different article of commerce that has
been grown, produced, or manufactured in Oman or the United
States, or both, and meets the requirements of paragraph (2);
or
(iii)(I) the good is a good covered by Annex 3-A or 4-A of
the Agreement;
(II)(aa) each of the nonoriginating materials used in the
production of the good undergoes an applicable change in tariff
classification specified in such Annex as a result of
production occurring entirely in the territory of Oman or the
United States, or both; or
(bb) the good otherwise satisfies the requirements
specified in such Annex; and
(III) the good satisfies all other applicable requirements
of this section.
(2) Requirements.--A good described in paragraph (1)(B)(ii) is
an originating good only if the sum of--
(A) the value of each material produced in the territory of
Oman or the United States, or both, and
(B) the direct costs of processing operations performed in
the territory of Oman or the United States, or both,
is not less than 35 percent of the appraised value of the good at
the time the good is entered into the territory of the United
States.
(c) Cumulation.--
(1) Originating good or material incorporated into goods of
other country.--An originating good, or a material produced in the
territory of Oman or the United States, or both, that is
incorporated into a good in the territory of the other country
shall be considered to originate in the territory of the other
country.
(2) Multiple producers.--A good that is grown, produced, or
manufactured in the territory of Oman or the United States, or
both, by 1 or more producers, is an originating good if the good
satisfies the requirements of subsection (b) and all other
applicable requirements of this section.
(d) Value of Materials.--
(1) In general.--Except as provided in paragraph (2), the value
of a material produced in the territory of Oman or the United
States, or both, includes the following:
(A) The price actually paid or payable for the material by
the producer of the good.
(B) The freight, insurance, packing, and all other costs
incurred in transporting the material to the producer's plant,
if such costs are not included in the price referred to in
subparagraph (A).
(C) The cost of waste or spoilage resulting from the use of
the material in the growth, production, or manufacture of the
good, less the value of recoverable scrap.
(D) Taxes or customs duties imposed on the material by Oman
or the United States, or both, if the taxes or customs duties
are not remitted upon exportation from the territory of Oman or
the United States, as the case may be.
(2) Exception.--If the relationship between the producer of a
good and the seller of a material influenced the price actually
paid or payable for the material, or if there is no price actually
paid or payable by the producer for the material, the value of the
material produced in the territory of Oman or the United States, or
both, includes the following:
(A) All expenses incurred in the growth, production, or
manufacture of the material, including general expenses.
(B) A reasonable amount for profit.
(C) Freight, insurance, packing, and all other costs
incurred in transporting the material to the producer's plant.
(e) Packaging and Packing Materials and Containers for Retail Sale
and for Shipment.--Packaging and packing materials and containers for
retail sale and shipment shall be disregarded in determining whether a
good qualifies as an originating good, except to the extent that the
value of such packaging and packing materials and containers has been
included in meeting the requirements set forth in subsection (b)(2).
(f) Indirect Materials.--Indirect materials shall be disregarded in
determining whether a good qualifies as an originating good, except
that the cost of such indirect materials may be included in meeting the
requirements set forth in subsection (b)(2).
(g) Transit and Transshipment.--A good shall not be considered to
meet the requirement of subsection (b)(1)(A) if, after exportation from
the territory of Oman or the United States, the good undergoes
production, manufacturing, or any other operation outside the territory
of Oman or the United States, other than unloading, reloading, or any
other operation necessary to preserve the good in good condition or to
transport the good to the territory of Oman or the United States.
(h) Textile and Apparel Goods.--
(1) De minimis amounts of nonoriginating materials.--
(A) In general.--Except as provided in subparagraph (B), a
textile or apparel good that is not an originating good because
certain fibers or yarns used in the production of the component
of the good that determines the tariff classification of the
good do not undergo an applicable change in tariff
classification set out in Annex 3-A of the Agreement shall be
considered to be an originating good if the total weight of all
such fibers or yarns in that component is not more than 7
percent of the total weight of that component.
(B) Certain textile or apparel goods.--A textile or apparel
good containing elastomeric yarns in the component of the good
that determines the tariff classification of the good shall be
considered to be an originating good only if such yarns are
wholly formed in the territory of Oman or the United States.
(C) Yarn, fabric, or group of fibers.--For purposes of this
paragraph, in the case of a textile or apparel good that is a
yarn, fabric, or group of fibers, the term ``component of the
good that determines the tariff classification of the good''
means all of the fibers in the yarn, fabric, or group of
fibers.
(2) Goods put up in sets for retail sale.--Notwithstanding the
rules set forth in Annex 3-A of the Agreement, textile or apparel
goods classifiable as goods put up in sets for retail sale as
provided for in General Rule of Interpretation 3 of the HTS shall
not be considered to be originating goods unless each of the goods
in the set is an originating good or the total value of the
nonoriginating goods in the set does not exceed 10 percent of the
value of the set determined for purposes of assessing customs
duties.
(i) Definitions.--In this section:
(1) Direct costs of processing operations.--
(A) In general.--The term ``direct costs of processing
operations'', with respect to a good, includes, to the extent
they are includable in the appraised value of the good when
imported into Oman or the United States, as the case may be,
the following:
(i) All actual labor costs involved in the growth,
production, or manufacture of the good, including fringe
benefits, on-the-job training, and the cost of engineering,
supervisory, quality control, and similar personnel.
(ii) Tools, dies, molds, and other indirect materials,
and depreciation on machinery and equipment that are
allocable to the good.
(iii) Research, development, design, engineering, and
blueprint costs, to the extent that they are allocable to
the good.
(iv) Costs of inspecting and testing the good.
(v) Costs of packaging the good for export to the
territory of the other country.
(B) Exceptions.--The term ``direct costs of processing
operations'' does not include costs that are not directly
attributable to a good or are not costs of growth, production,
or manufacture of the good, such as--
(i) profit; and
(ii) general expenses of doing business that are either
not allocable to the good or are not related to the growth,
production, or manufacture of the good, such as
administrative salaries, casualty and liability insurance,
advertising, and sales staff salaries, commissions, or
expenses.
(2) Good.--The term ``good'' means any merchandise, product,
article, or material.
(3) Good wholly the growth, product, or manufacture of oman or
the united states, or both.--The term ``good wholly the growth,
product, or manufacture of Oman or the United States, or both''
means--
(A) a mineral good extracted in the territory of Oman or
the United States, or both;
(B) a vegetable good, as such a good is provided for in the
HTS, harvested in the territory of Oman or the United States,
or both;
(C) a live animal born and raised in the territory of Oman
or the United States, or both;
(D) a good obtained from live animals raised in the
territory of Oman or the United States, or both;
(E) a good obtained from hunting, trapping, or fishing in
the territory of Oman or the United States, or both;
(F) a good (fish, shellfish, and other marine life) taken
from the sea by vessels registered or recorded with Oman or the
United States and flying the flag of that country;
(G) a good produced from goods referred to in subparagraph
(F) on board factory ships registered or recorded with Oman or
the United States and flying the flag of that country;
(H) a good taken by Oman or the United States or a person
of Oman or the United States from the seabed or beneath the
seabed outside territorial waters, if Oman or the United
States, as the case may be, has rights to exploit such seabed;
(I) a good taken from outer space, if such good is obtained
by Oman or the United States or a person of Oman or the United
States and not processed in the territory of a country other
than Oman or the United States;
(J) waste and scrap derived from--
(i) production or manufacture in the territory of Oman
or the United States, or both; or
(ii) used goods collected in the territory of Oman or
the United States, or both, if such goods are fit only for
the recovery of raw materials;
(K) a recovered good derived in the territory of Oman or
the United States from used goods and utilized in the territory
of that country in the production of remanufactured goods; and
(L) a good produced in the territory of Oman or the United
States, or both, exclusively--
(i) from goods referred to in subparagraphs (A) through
(J), or
(ii) from the derivatives of goods referred to in
clause (i),
at any stage of production.
(4) Indirect material.--The term ``indirect material'' means a
good used in the growth, production, manufacture, testing, or
inspection of a good but not physically incorporated into the good,
or a good used in the maintenance of buildings or the operation of
equipment associated with the growth, production, or manufacture of
a good, including--
(A) fuel and energy;
(B) tools, dies, and molds;
(C) spare parts and materials used in the maintenance of
equipment and buildings;
(D) lubricants, greases, compounding materials, and other
materials used in the growth, production, or manufacture of a
good or used to operate equipment and buildings;
(E) gloves, glasses, footwear, clothing, safety equipment,
and supplies;
(F) equipment, devices, and supplies used for testing or
inspecting the good;
(G) catalysts and solvents; and
(H) any other goods that are not incorporated into the good
but the use of which in the growth, production, or manufacture
of the good can reasonably be demonstrated to be a part of that
growth, production, or manufacture.
(5) Material.--The term ``material'' means a good, including a
part or ingredient, that is used in the growth, production, or
manufacture of another good that is a new or different article of
commerce that has been grown, produced, or manufactured in Oman or
the United States, or both.
(6) Material produced in the territory of oman or the united
states, or both.--The term ``material produced in the territory of
Oman or the United States, or both'' means a good that is either
wholly the growth, product, or manufacture of Oman or the United
States, or both, or a new or different article of commerce that has
been grown, produced, or manufactured in the territory of Oman or
the United States, or both.
(7) New or different article of commerce.--
(A) In general.--The term ``new or different article of
commerce'' means, except as provided in subparagraph (B), a
good that--
(i) has been substantially transformed from a good or
material that is not wholly the growth, product, or
manufacture of Oman or the United States, or both; and
(ii) has a new name, character, or use distinct from
the good or material from which it was transformed.
(B) Exception.--A good shall not be considered a new or
different article of commerce by virtue of having undergone
simple combining or packaging operations, or mere dilution with
water or another substance that does not materially alter the
characteristics of the good.
(8) Recovered goods.--The term ``recovered goods'' means
materials in the form of individual parts that result from--
(A) the disassembly of used goods into individual parts;
and
(B) the cleaning, inspecting, testing, or other processing
of those parts as necessary for improvement to sound working
condition.
(9) Remanufactured good.--The term ``remanufactured good''
means an industrial good that is assembled in the territory of Oman
or the United States and that--
(A) is entirely or partially comprised of recovered goods;
(B) has a similar life expectancy to a like good that is
new; and
(C) enjoys a factory warranty similar to that of a like
good that is new.
(10) Simple combining or packaging operations.--The term
``simple combining or packaging operations'' means operations such
as adding batteries to devices, fitting together a small number of
components by bolting, gluing, or soldering, and repacking or
packaging components together.
(11) Substantially transformed.--The term ``substantially
transformed'' means, with respect to a good or material, changed as
the result of a manufacturing or processing operation so that--
(A)(i) the good or material is converted from a good that
has multiple uses into a good or material that has limited
uses;
(ii) the physical properties of the good or material are
changed to a significant extent; or
(iii) the operation undergone by the good or material is
complex by reason of the number of different processes and
materials involved and the time and level of skill required to
perform those processes; and
(B) the good or material loses its separate identity in the
manufacturing or processing operation.
(j) Presidential Proclamation Authority.--
(1) In general.--The President is authorized to proclaim, as
part of the HTS--
(A) the provisions set forth in Annex 3-A and Annex 4-A of
the Agreement; and
(B) any additional subordinate category that is necessary
to carry out this title, consistent with the Agreement.
(2) Modifications.--
(A) In general.--Subject to the consultation and layover
provisions of section 104, the President may proclaim
modifications to the provisions proclaimed under the authority
of paragraph (1)(A), other than provisions of chapters 50
through 63 of the HTS (as included in Annex 3-A of the
Agreement).
(B) Additional proclamations.--Notwithstanding subparagraph
(A), and subject to the consultation and layover provisions of
section 104, the President may proclaim--
(i) modifications to the provisions proclaimed under
the authority of paragraph (1)(A) as are necessary to
implement an agreement with Oman pursuant to article 3.2.5
of the Agreement; and
(ii) before the end of the 1-year period beginning on
the date of the enactment of this Act, modifications to
correct any typographical, clerical, or other
nonsubstantive technical error regarding the provisions of
chapters 50 through 63 of the HTS (as included in Annex 3-A
of the Agreement).

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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 adding after paragraph
(16) the following:
``(17) 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-Oman 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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GOODS.
(a) Action During Verification.--
(1) In general.--If the Secretary of the Treasury requests the
Government of Oman to conduct a verification pursuant to article
3.3 of the Agreement for purposes of making a determination under
paragraph (2), the President may direct the Secretary to take
appropriate action described in subsection (b) while the
verification is being conducted.
(2) Determination.--A determination under this paragraph is a
determination--
(A) that an exporter or producer in Oman is complying with
applicable customs laws, regulations, procedures, requirements,
or practices affecting trade in textile or apparel goods; or
(B) that a claim that a textile or apparel good exported or
produced by such exporter or producer--
(i) qualifies as an originating good under section 202,
or
(ii) is a good of Oman,
is accurate.
(b) Appropriate Action Described.--Appropriate action under
subsection (a)(1) includes--
(1) suspension of liquidation of the entry of any textile or
apparel good exported or produced by the person that is the subject
of a verification referred to in subsection (a)(1) regarding
compliance described in subsection (a)(2)(A), in a case in which
the request for verification was based on a reasonable suspicion of
unlawful activity related to such good; and
(2) suspension of liquidation of the entry of a textile or
apparel good for which a claim has been made that is the subject of
a verification referred to in subsection (a)(1) regarding a claim
described in subsection (a)(2)(B).
(c) Action When Information Is Insufficient.--If the Secretary of
the Treasury determines that the information obtained within 12 months
after making a request for a verification under subsection (a)(1) is
insufficient to make a determination under subsection (a)(2), the
President may direct the Secretary to take appropriate action described
in subsection (d) until such time as the Secretary receives information
sufficient to make a determination under subsection (a)(2) or until
such earlier date as the President may direct.
(d) Appropriate Action Described.--Appropriate action referred to
in subsection (c) includes--
(1) publication of the name and address of the person that is
the subject of the verification;
(2) denial of preferential tariff treatment under the Agreement
to--
(A) any textile or apparel good exported or produced by the
person that is the subject of a verification referred to in
subsection (a)(1) regarding compliance described in subsection
(a)(2)(A); or
(B) a textile or apparel good for which a claim has been
made that is the subject of a verification referred to in
subsection (a)(1) regarding a claim described in subsection
(a)(2)(B); and
(3) denial of entry into the United States of--
(A) any textile or apparel good exported or produced by the
person that is the subject of a verification referred to in
subsection (a)(1) regarding compliance described in subsection
(a)(2)(A); or
(B) a textile or apparel good for which a claim has been
made that is the subject of a verification referred to in
subsection (a)(1) regarding a claim described in subsection
(a)(2)(B).

22d938fe1f806675fb9a8c20cb768b5d1186c40f8a5f1595ee82d84e094df742

Subsection (d) of section 520 of the Tariff Act of 1930 (19 U.S.C.
1520(d)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``or''; and
(B) by striking ``for which'' and inserting ``, or section
202 of the United States-Oman Free Trade Agreement
Implementation Act for which''; and
(2) in paragraph (3), by inserting ``and information'' after
``documentation''.

37fa5434186260f693c706df520a6de457ad3675d2b77f70e36ec1a94b72927e

The Secretary of the Treasury shall prescribe such regulations as
may be necessary to carry out--
(1) subsections (a) through (i) of section 202;
(2) the amendment made by section 203; and
(3) proclamations issued under section 202(j).

e564f31fa850104a6fd296f00ef1c746c65a3c74461f45bc31f606686ce24d51

In this title:
(1) Omani article.--The term ``Omani article'' means an article
that--
(A) qualifies as an originating good under section 202(b);
or
(B) receives preferential tariff treatment under paragraphs
8 through 11 of article 3.2 of the Agreement.
(2) Omani textile or apparel article.--The term ``Omani textile
or apparel article'' means an article that--
(A) 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) is an Omani article.
(3) Commission.--The term ``Commission'' means the United
States International Trade Commission.
Subtitle A--Relief From Imports Benefiting From the Agreement

b7863b587e6d2574da9e013adace2dd33c44b33292aa91611c2a8a63607b0cac

(a) Filing of Petition.--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.
(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, an Omani 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 Omani 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 (i).
(d) Articles Exempt From Investigation.--No investigation may be
initiated under this section with respect to any Omani article if,
after the date on which the Agreement enters into force with respect to
the United States, import relief has been provided with respect to that
Omani article under this subtitle.

1096042a7b3363a62a0cb57fbac0d9a1b156e7f6840dbeb538529f79ad3f6b58

(a) Determination.--Not later than 120 days 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.--
(1) In general.--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.
(2) Limitation on relief.--The import relief recommended by the
Commission under this subsection shall be limited to that described
in section 313(c).
(3) Voting; separate views.--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.

c39a894e30560d02af1f961b753acc9f27369e842615cdd82bf99cbe37d43438

(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 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 2-B 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.
(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 of such
relief at regular intervals during the period in which the relief
is in effect.
(d) Period of Relief.--
(1) In general.--Subject to paragraph (2), any import relief
that the President provides under this section may not, in the
aggregate, be in effect for more than 3 years.
(2) Extension.--
(A) In general.--If the initial period for any import
relief provided under this section is less than 3 years, the
President, after receiving a determination from the Commission
under subparagraph (B) that is affirmative, or which 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)), may extend the effective period of any import
relief provided under this section, subject to the limitation
under paragraph (1), if the President determines that--
(i) the import relief continues to be necessary to
remedy or prevent serious injury and to facilitate
adjustment by the domestic industry to import competition;
and
(ii) there is evidence that the industry is making a
positive adjustment to import competition.
(B) Action by commission.--
(i) Investigation.--Upon a petition on behalf of the
industry concerned that is 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 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 to facilitate adjustment by the
domestic industry to import competition and whether there
is evidence that the industry is making a positive
adjustment to import competition.
(ii) Notice and hearing.--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) Report.--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.
(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 on which 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 under this subtitle after the date on which the Agreement enters
into force.

5d5bff0c2ff700a1e3b29f7ef6273517ff6d2650ab9306286110bd03bca07b52

(a) General Rule.--Subject to subsection (b), 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) Presidential Determination.--Import relief may be provided
under this subtitle in the case of an Omani article after the date on
which such relief would, but for this subsection, terminate under
subsection (a), if the President determines that Oman has consented to
such relief.

6eb096cb1dacde667e2b879b484d66b484aaa8a6a03e4eb42c837e7f1ed24548

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 (19 U.S.C. 2251 et seq.).

a5cb7dc58467d18bf43ccdf82a09c1441ad722f73ae5f3f117a77bb8ba2d6efd

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-Oman Free Trade Agreement Implementation
Act''.
Subtitle B--Textile and Apparel Safeguard Measures

13d95ac1666f0e49572953d9dc68edd1b2bac57c54de86e1f97b3e62b20cc3dd

(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 a summary of the request and the dates by which
comments and rebuttals must be received.

d1443174934ed95ae877d3c4d87a417c13d2a3d8ae7609d0269f73748c55375e

(a) Determination.--
(1) In general.--If a positive determination is made under
section 321(b), the President shall determine whether, as a result
of the reduction or elimination of a duty under the Agreement, an
Omani 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
as to cause 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.
(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 to import competition.
(2) Nature of relief.--The relief that the President is
authorized to provide under this subsection with respect to imports
of an article is an increase in the rate of duty imposed on the
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.

adcdc428ee3618f94f47f9efefdf7542a83082bc43a7c46040b6a3620dd565a6

(a) In General.--Subject to subsection (b), any import relief that
the President provides under subsection (b) of section 322 may not, in
the aggregate, be in effect for more than 3 years.
(b) Extension.--If the initial period for any import relief
provided under section 322 is less than 3 years, the President may
extend the effective period of any import relief provided under that
section, subject to the limitation set forth in subsection (a), if the
President determines that--
(1) the import relief continues to be necessary to remedy or
prevent serious damage and to facilitate adjustment by the domestic
industry to import competition; and
(2) there is evidence that the industry is making a positive
adjustment to import competition.

b2b1ad715c91a7e7a8149205f1470ddcf7dde36e5dd7d3c92cba265dae7aa80e

The President may not provide import relief under this subtitle
with respect to any article if--
(1) the article has been subject to import relief under this
subtitle after the date on which the Agreement enters into force;
or
(2) the article is subject to import relief under chapter 1 of
title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).

ed847eefd382b909f67949e47ae5309081c1dd5a5136beae9281f17cbc50585d

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 on which the relief terminates.

95152e9b54830d79b2a56b6d952583c07630f9b760b382c7626fbe999fc4b48c

No import relief may be provided under this subtitle with respect
to any article after the date that is 10 years after the date on which
duties on the article are eliminated pursuant to the Agreement.

eabb9c0af122005dd730297607bca842ac1346e12c8e02925bec527807dddedb

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.

a64e15753449f534a00c4d4d663ffb1e383a44b46096e91155278fa0ee79158d

The President may not release information that is submitted in a
proceeding under this subtitle and that the President considers to be
confidential business information unless the party submitting the
confidential business information had notice, at the time of
submission, that such information would be released, or such party
subsequently consents to the release of the information. To the extent
a party submits confidential business information to the President in a
proceeding under this subtitle, the party shall also submit a
nonconfidential version of the information, in which the confidential
business information is summarized or, if necessary, deleted.

8ec6573612e6867e6680d29bdd1bdaf0ebf8b00503525df0ebd9fcc5ec6c6ab4

Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C.
2518(4)(A)) is amended--
(1) by striking ``or'' at the end of clause (iv);
(2) by striking the period at the end of clause (v) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(vi) a party to the United States-Oman Free Trade
Agreement, a product or service of that country or
instrumentality which is covered under that Agreement for
procurement by the United States.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

fa56b05959f2557f377d6e2724354534ac13de1bc5ba72e46ec87e38738033c0

United States-Oman Free Trade Agreement Implementation Act — HR. 5684

Other Sections

TITLE I

TITLE III

TITLE IV

TITLE II

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