102 STAT. 1574 PUBLIC LAW 100-418-AUG. 23, 1988 SEC. 10013. REPORTING ON ACTIONS TAKEN WITH RESPECT TO COM- Section 2 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. App. 1159b) is amended by adding at the end thereof the following new subsection: "(e) Not later than the 30th day after taking action with respect to a complaint under this section, the Secretary of Transportation shall report to the Committee on Public Works and Transportation of the House Representatives and the Committee on Commerce, Science, and Transportation of the Senate on actions that have been taken under this section with respect to the complaint.”. Approved August 23, 1988. LEGISLATIVE HISTORY-H.R. 4848: CONGRESSIONAL RECORD, Vol. 134 (1988): July 13, considered and passed House. Aug. 2, 3, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): UNITED STATES-CANADA FREE-TRADE AGREEMENT IMPLEMENTATION ACT OF 1988 PUBLIC LAW 100-449-SEPT. 28, 1988 102 STAT. 1851 Public Law 100-449 100th Congress An Act To implement the United States-Canada Free-Trade Agreement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "United StatesCanada Free-Trade Agreement Implementation Act of 1988". (b) TABLE OF CONTENTS. Sec. 1. Short title and table of contents. TITLE I-APPROVAL OF UNITED STATES CANADA FREE-TRADE AGREE- Sec. 101. Approval of United States-Canada Free-Trade Agreement. Sec. 102. Relationship of the agreement to United States law. Sec. 103. Consultation and lay-over requirements for, and effective date of, proclaimed actions. Sec. 104. Harmonized System. Sec. 105. Implementing actions in anticipation of entry into force. TITLE II-TARIFF MODIFICATIONS, RULES OF ORIGIN, USER FEES, DRAWBACK, ENFORCEMENT, AND OTHER CUSTOMS PROVISIONS Sec. 201. Tariff modifications. Sec. 202. Rules of origin. Sec. 203. Customs user fees. Sec. 204. Drawback. Sec. 205. Enforcement. Sec. 206. Exemption from lottery ticket embargo. Sec. 207. Production-based duty remission programs with respect to automotive products. TITLE III-APPLICATION OF AGREEMENT TO SECTORS AND SERVICES Sec. 301. Agriculture. Sec. 302. Relief from imports. Sec. 303. Acts identified in national trade estimates. Sec. 304. Negotiations regarding certain sectors; biennial reports. Sec. 305. Energy. Sec. 306. Lowered threshold for Government procurement under Trade Agreements Sec. 307. Temporary entry for business persons. Sec. 308. Amendment to section 5136 of the Revised Statutes. Sec. 309. Steel products. TITLE IV-BINATIONAL PANEL DISPUTE SETTLEMENT IN ANTIDUMPING Sec. 401. Amendments to section 516A of the Tariff Act of 1930. Sec. 402. Amendments to title 28, United States Code. Sec. 403. Conforming amendments to the Tariff Act of 1930. Sec. 404. Amendments to antidumping and countervailing duty law. Sec. 405. Organizational and administrative provisions regarding the implementation of chapters 18 and 19 of the Agreement. Sec. 406. Authorization of appropriations for the Secretariat, the panels, and the committees. Sec. 407. Testimony and production of papers in extraordinary challenges. Sept. 28, 1988 [H.R. 5090] United States- Agreement 19 USC 2112 102 STAT. 1852 PUBLIC LAW 100-449-SEPT. 28, 1988 Sec. 408. Requests for review of Canadian antidumping and countervailing duty determinations. Sec. 409. Subsidies. Sec. 410. Termination of agreement. TITLE V-EFFECTIVE DATES AND SEVERABILITY Sec. 501. Effective dates. Sec. 502. Severability. 19 USC 2112 note. SEC. 2. PURPOSES. 19 USC 2112 note. President of U.S. The purposes of this Act are— (1) to approve and implement the Free-Trade Agreement between the United States and Canada negotiated under the authority of section 102 of the Trade Act of 1974; (2) to strengthen and develop economic relations between the United States and Canada for their mutual benefit; (3) to establish a free-trade area between the two 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. TITLE I-APPROVAL OF UNITED STATES- SEC. 101. APPROVAL OF UNITED AGREEMENT. STATES-CANADA FREE-TRADE (a) APPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRATIVE ACTION.-Pursuant to sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191), the Congress approves (1) the United States-Canada Free Trade Agreement (hereinafter in this Act referred to as the "Agreement") entered into on January 2, 1988, and submitted to the Congress on July 25, 1988; (2) the letters exchanged between the Governments of the United States and Canada— (A) dated January 2, 1988, relating to negotiations regarding articles 301 (Rules of Origin) and 401 (Tariff Elimination) of the Agreement, and (B) dated January 2, 1988, relating to negotiations regarding article 2008 (Plywood Standards) of the Agreement; and (3) the statement of administrative action proposed to implement the Agreement that was submitted to the Congress on July 25, 1988. (b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.-At such time as the President determines that Canada has taken measures necessary to comply with the obligations of the Agreement, the President is authorized to exchange notes with the Government of Canada providing for the entry into force, on or after January 1, 1989, of the Agreement with respect to the United States. (c) REPORT ON CANADIAN PRACTICES.-Within 60 days after the date of the enactment of this Act (but not later than December 15, 1988), the United States Trade Representative shall submit to the PUBLIC LAW 100-449-SEPT. 28, 1988 102 STAT. 1853 Congress a repc t identifying, to the maximum extent practicable, major current Canadian practices (and the_legal_authority for such practices) that, in the opinion of the United States Trade Representative (1) are not in conformity with the Agreement; and (2) require a change of Canadian law, regulation, policy, or practice to enable Canada to conform with its international obligations under the Agreement. SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW. (a) UNITED STATES LAWS TO PREVAIL IN CONFLICT.-No provision of the Agreement, nor the application of any such provision to any person or circumstance, which is in conflict with any law of the United States shall have effect. (b) RELATIONSHIP OF AGREEMENT TO STATE AND LOCAL LAW.(1) The provisions of the Agreement prevail over (A) any conflicting State law; and (B) any conflicting application of any State law to any person or circumstance; to the extent of the conflict. (2) Upon the enactment of this Act, the President shall, in President of U.S. accordance with section 306(c)(2)A) of the Trade and Tariff Act of 1984 (19 U.S.C. 2114c), initiate consultations with the State governments on the implementation of the obligations of the United States under the Agreement. Such consultations shall be held (A) through the intergovernmental policy advisory committees on trade established under such section for the purpose of achieving conformity of State laws and practices with the Agreement; and (B) with the individual States as necessary to deal with particular questions that may arise. (3) The United States may bring an action challenging any provision of State law, or the application thereof to any person or circumstance, on the ground that the provision or application is inconsistent with the Agreement. (4) 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 shall (1) have any cause of action or defense under the Agreement or by virtue of congressional approval thereof, or (2) 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. (d) INITIAL IMPLEMENTING REGULATIONS.-Initial regulations necessary or appropriate to carry out the actions proposed in the statement of administrative action submitted under section 101(a)(3) 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 after the date of entry into force of the Agreement, initial regula 102 STAT. 1854 Reports. Federal publication. Tariff Schedules of the U.S. PUBLIC LAW 100-449-SEPT. 28, 1988 tions to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date. (e) CHANGES IN STATUTES TO Implement a Requirement, AmendMENT, OR RECOMMENDATION.-The provisions of section 3(c) of the Trade Agreements Act of 1979 (19 U.S.C. 2504(c)) shall apply as if the Agreement were an agreement approved under section 2(a) of that Act whenever the President determines that it is necessary or appropriate to amend, repeal, or enact a statute of the United States in order to implement any requirement of, amendment to, or recommendation, finding or opinion under, the Agreement; but such provisions shall not apply to any bill to implement any such requirement, amendment, recommendation, finding, or opinion that is submitted to the Congress after the close of the 30th month after the month in which the Agreement enters into force. SEC. 103. CONSULTATION AND LAY-OVER REQUIREMENTS FOR, AND (a) CONSULTATION AND LAY-OVER REQUIREMENTS.-If a provision of 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 Ways and Means of the House of Representatives and the Committee on Finance of the Senate 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 at least 60 calendar days that begins on the first day on which the President has met the requirements of paragraphs (1) and (2) with respect to such action 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.-No action proclaimed by the President under the authority of this Act, if such action is not subject to the consultation and lay-over requirements under subsection (a), may take effect before the 15th day after the date on which the text of the proclamation is published in the Federal Register. SEC. 104. HARMONIZED SYSTEM. (a) DEFINITION.-As used in this Act, the term "Harmonized System" means the nomenclature system established under the International Convention on the Harmonized Commodity Description and Coding System (done at Brussels on June 14, 1983, and the protocol thereto, done at Brussels on June 24, 1986) as implemented under United States law. (b) INTERIM APPLICATION OF TSUS.-The following apply if the International Convention, and the protocol thereto, referred to in subsection (a) are not implemented under United States law before the Agreement enters into force: |