Imagini ale paginilor
PDF
ePub

18

all benefits under subsections (e) and (f) of this sec

tion to such exporter, and any successors of such ex

porter, for a period of 2 years.

1.

section (e) is claimed, then the President shall deny

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16.

17

18

19

20

21.

22

23

24

25

(4) REPORT BY USTR ON COOPERATION CONCIRCUMVENTION.-The United States Commissioner of Customs shall conduct a study ana

CERNING

lyzing the extent to which Panama

(A) has cooperated fully with the United States, consistent with its domestic laws and

procedures, in instances of circumvention or al

leged circumvention of existing quotas on imports of textile and apparel goods, to establish necessary relevant facts in the places of import, export, and, where applicable, transshipment, including investigation of circumvention practices, exchanges of documents, correspondence, reports, and other relevant information, to the extent such information is available;

(B) has taken appropriate measures, consistent with its domestic laws and procedures, against exporters and importers involved in instances of false declaration concerning fiber content, quantities, description, classification, or origin of textile and apparel goods; and

[blocks in formation]

19

(C) has penalized the individuals and entities involved in any such circumvention, con

sistent with its domestic laws and procedures,

and has worked closely to seek the cooperation

of any third country to prevent such circumven

tion from taking place in that third country.
The United States Trade Representative shall sub-

mit to the Congress, not later than 1 year after the
certification is submitted under section 3, a report
on the study conducted under this paragraph.
(h) DEFINITIONS.-For purposes of this section-

(1) AGREEMENT PERIOD.-The term "agreement period" means the period that begins on the date on which the certification is submitted under

section 3, and ends on the date that is 15 years

after such date, or such later date as is reported to the Congress under section 3(c)(3).

(2) ANNEX.-The term "the Annex" means

Annex 300-B of the NAFTA.

(3) ENTERED. The term "entered" means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.

(4) HTS.-The term "HTS" means the Har

monized Tariff Schedule of the United States.

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

20

(5) NAFTA.-The term "NAFTA" means the North American Free Trade Agreement entered into

between the United States, Mexico, and Canada on December 17, 1992.

(6) ORIGINATING.-An article shall be deemed as originating in the territory of Panama if the article meets the rules of origin for a good set forth in chapter 4 of the NAFTA, and, in the case of an ar

ticle described in Appendix 6.A of the Annex, the requirements stated in such Appendix 6.A for such ar

ticle to be treated as if it were an originating good. In applying such chapter 4 or Appendix 6.A with re

spect to Panama for purposes of this section—

(A) no countries other than the United States and Panama may be treated as being

Parties to the NAFTA,

(B) references to trade between the United States and Mexico shall be deemed to refer to

trade between the United States and Panama, and

(C) references to a Party shall be deemed to refer to the United States or Panama, and references to the Parties shall be deemed to

refer to Panama and the United States.

[ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

11

12

23

13

14

15

16

17

78

18

19

[ocr errors]

20

21

22

21

(7) TEXTILE OR APPAREL ARTICLE.-The term

"textile or apparel article" means any article re

ferred to in paragraph (1)(A) that is a good listed

in Appendix 1.1 of the Annex.

(8) TRANSITION PERIOD.-The term "transition period" means the period that begins on the date on which the certification is submitted under

section 3, and ends on the earlier of—

(A) the date that is 3 years after such

date; or

(B) the date on which

(i) the United States first applies the NAFTA to Panama upon its accession to the NAFTA; or

(ii) there enters into force with respect to the United States and Panama a free trade agreement comparable to the NAFTA that makes substantial progress in achieving the negotiating objectives set forth in section 108(b)(5) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3317(b)(5)).

23 SEC. 5. APPLICABILITY OF BENEFITS.

24

The tariff treatment under section 4 may be accorded

25 to goods of Panama only during such periods as a designa

22

1 tion of Panama as a beneficiary country under the Carib

2 bean Basin Economic Recovery Act is in effect.

3 SEC. 6. CONFORMING AMENDMENT.

4

Section 213(a)(1) of the Caribbean Basin Economic

5 Recovery Act is amended by inserting "and except as pro

6 vided in section 4 of the United States-Panama Partner7 ship Act of 2000," after "Tax Reform Act of 1986,".

« ÎnapoiContinuă »