Home > 104th Congressional Public Laws > Pub.L. 104-296 Appointing the day for the convening of the first session of the One Hundred Fifth Congress and the day for the counting in Congress of the electoral votes for <> President and Vice President cast in D...

Pub.L. 104-296 Appointing the day for the convening of the first session of the One Hundred Fifth Congress and the day for the counting in Congress of the electoral votes for <> President and Vice President cast in D...


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[[Page 3513]]

        MISCELLANEOUS TRADE AND TECHNICAL CORRECTIONS ACT OF 1996

[[Page 110 STAT. 3514]]

Public Law 104-295
104th Congress

                                 An Act


 
  To make technical corrections and miscellaneous amendments to trade 
              laws. <<NOTE: Oct. 11, 1996 -  [H.R. 3815]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Miscellaneous 
Trade and Technical Corrections Act of 1996.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 19 USC 1654 note.>>  Short Title.--This Act may be cited 
as the ``Miscellaneous Trade and Technical Corrections Act of 1996''.

    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Payment of duties and fees.
Sec. 3. Other technical and conforming amendments.
Sec. 4. Clarification regarding the application of customs user fees.
Sec. 5. Technical amendment to the Customs and Trade Act of 1990.
Sec. 6. Clarification of fees for certain customs services.
Sec. 7. Special rule for extending time for filing drawback claims.
Sec. 8. Treatment of entries of certain televisions.
Sec. 9. Temporary duty suspension for personal effects of participants 
           in certain world athletic events.
Sec. 10. Miscellaneous technical correction.
Sec. 11. Uruguay Round Agreements Act.
Sec. 12. Imports of civil aircraft.
Sec. 13. Technical correction to certain chemical description.
Sec. 14. Marking of certain imported articles and containers.
Sec. 15. Tariff treatment of certain silver, gold, and platinum bars.
Sec. 16. Suspension of duty on certain semimanufactured forms of gold.
Sec. 17. Elimination of East-West Trade Statistics Monitoring System.
Sec. 18. Retroactive election to reconcile entries.
Sec. 19. Tariff treatment for certain motor vehicles.
Sec. 20. Technical amendments relating to Public Law 103-465.
Sec. 21. Technical amendments relating to Public Law 103-182.
Sec. 22. Technical amendment regarding judicial review.
Sec. 23. Reliquidation of entries of warp knitting machines.
Sec. 24. Temporary suspension of duty on diclofop-methyl.
Sec. 25. Elimination of duty on 2-amino-3-chlorobenzoic acid, methyl 
           ester.
Sec. 26. Elimination of duty on 3,3'-diaminobenzidine (tetraamino 
           biphenyl).
Sec. 27. Certain unliquidated vessel repair entries.
Sec. 28. Duty on display fireworks.
Sec. 29. Personal allowance duty exemption for merchandise purchased in 
           a duty-free sales enterprise.
Sec. 30. Temporary duty suspension for certain motorcycles.
Sec. 31. Deferral of duty on certain production equipment.
Sec. 32. Temporary suspension of duty on thidiazuron.
Sec. 33. 2,3,3-trimethyl-indolenine.
Sec. 34. Bis(4-amino-3-methylcyclohexyl)-methane.
Sec. 35. Limitation on designation as beneficiary developing country.
Sec. 36. Temporary duty suspension on certain chemicals used in the 
           formulation of an HIV protease inhibitor.
Sec. 37. Treatment of certain entries of buffalo leather.
Sec. 38. Fees for certain customs services.
Sec. 39. Injury determinations for certain countervailing duty orders.
Sec. 40. Treatment of difference between collections of estimated 
           antidumping duty and final assessed duty under antidumping 
           duty order.
Sec. 41. Certain lead fuel test assemblies.

[[Page 110 STAT. 3515]]

Sec. 42. Suspension of duty on certain injection molding machines.
Sec. 43. Reliquidation of certain entries of color televisions.
Sec. 44. Articles used to provide repair and maintenance services.
Sec. 45. Yttrium oxide and cerium aluminum terbium used as luminophores.
Sec. 46. Pharmaceutical grade phospholipids.
Sec. 47. Certain structures, parts and components used in the Gemini 
           Telescopes Project, Mauna Kea, Hawaii.
Sec. 48. Articles provided to Steward Observatory.
Sec. 49. Reliquidation of certain frozen concentrated orange juice 
           entries.
Sec. 50. Twine, cordage, ropes, and cables.
Sec. 51. Suspension of duty on certain fatty acid esters.
Sec. 52. Duty suspension on a mobile bison slaughter unit.
Sec. 53. Exemption from tariffs and fees for certain aircraft parts and 
           equipment.
Sec. 54. Reliquidation of certain entries of live swine.
Sec. 55. Reliquidation of certain entries of sewing machines.
Sec. 56. Temporary duty suspension on certain textured rolled glass 
           sheets.
Sec. 57. Temporary suspension of duty on DEMT.
Sec. 58. Investigation on cattle and beef trade.
Sec. 59. Special rule for Generalized System of Preferences.

SEC. 2. PAYMENT OF DUTIES AND FEES.

    (a) Interest Accrual.--Section 505(c) of the Tariff Act of 1930 (19 
U.S.C. 1505(c)) is amended in the second sentence by inserting after 
``duties, fees, and interest'' the following: ``or, in a case in which a 
claim is made under section 520(d), from the date on which such claim is 
made,''.
    (b) Effective Date. <<NOTE: 19 USC 1505 note.>> --The amendment made 
by subsection (a) shall apply to claims made pursuant to section 520(d) 
of the Tariff Act of 1930 (19 U.S.C. 1520(d)) on or after June 7, 1996.

SEC. 3. OTHER TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--
            (1) Examination of books and witnesses.--Section 509(a)(2) 
        of the Tariff Act of 1930 (19 U.S.C. 1509(a)(2)) is amended by 
        striking ``(c)(1)(A)'' and inserting ``(d)(1)(A)''.
            (2) Requirement for certificate for importation of alcoholic 
        liquors aboard small vessels.--Section 7 of the Act of August 5, 
        1935 (19 U.S.C. 1707; 49 Stat. 520), is repealed.
            (3) Manifests.--Section 431(c)(1) of the Tariff Act of 1930 
        (19 U.S.C. 1431(c)(1)) is amended in the matter preceding 
        subparagraph (A) by striking ``such manifest'' and inserting ``a 
        vessel manifest''.
            (4) Penalties for certain violations.--Section 592 of the 
        Tariff Act of 1930 (19 U.S.C. 1592) is amended--
                    (A) in subsection (a)(1), by striking ``lawful 
                duty'' and inserting ``lawful duty, tax, or fee''; and
                    (B) in subsections (b)(1)(A)(vi), (c)(2)(A)(ii), 
                (c)(3)(A)(ii), (c)(4)(A)(i), and (c)(4)(B) by striking 
                ``lawful duties'' each place it appears and inserting 
                ``lawful duties, taxes, and fees''.
            (5) Deprivation of lawful duties, taxes, or fees.--Section 
        592(d) of the Tariff Act of 1930 (19 U.S.C. 1592(d)) is amended 
        by striking ``or fees be restored'' and inserting ``and fees be 
        restored''.
            (6) Reconciliation treated as entry for recordkeeping.--
                    (A) Section 401(s) of the Tariff Act of 1930 (19 
                U.S.C. 1401(s)) is amended by inserting 
                ``recordkeeping,'' after ``reliquidation,''.
                    (B) Section 508(c)(1) of such Act (19 U.S.C. 
                1508(c)(1)) is amended by inserting ``, filing of a 
                reconciliation,'' after ``entry''.

[[Page 110 STAT. 3516]]

            (7) Extension of liquidation.--Section 504(d) of the Tariff 
        Act of 1930 (19 U.S.C. 1504(d)) is amended--
                    (A) in the first sentence, by inserting ``, unless 
                liquidation is extended under subsection (b),'' after 
                ``shall liquidate the entry''; and
                    (B) in the second sentence, by inserting ``(other 
                than an entry with respect to which liquidation has been 
                extended under subsection (b))'' after ``Any entry''.
            (8) Exemption from duty for personal and household goods 
        accompanying returning residents.--Section 321(a)(2)(B) of the 
        Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(B)) is amended by 
        inserting ``, 9804.00.65,'' after ``9804.00.30''.
            (9) Debt collection.--Section 631(a) of the Tariff Act of 
        1930 (19 U.S.C. 1631(a)) is amended by adding at the end the 
        following new subsection:

    ``(c) Payment of Costs.--The debtor shall be assessed and pay any 
and all costs associated with collection efforts pursuant to this 
section. Notwithstanding section 3302(b) of title 31, United States 
Code, any sum so collected shall be used to pay the costs of debt 
collection services.''.
            (10) Designation of customs officer.--Section 509(b) of the 
        Tariff Act of 1930 (19 U.S.C. 1509(b)) is amended in paragraphs 
        (3) and (4) by striking ``appropriate regional commissioner'' 
        and inserting ``officer designated pursuant to regulations''.
            (11) Review of protests.--Section 515(d) of the Tariff Act 
        of 1930 (19 U.S.C. 1515(d)) is amended by striking ``district 
        director'' and inserting ``port director''.
            (12) Administrative exemptions.--Section 321(a) of the 
        Tariff Act of 1930 (19 U.S.C. 1321(a)) is amended--
                    (A) in paragraph (1), by striking ``duties, fees, 
                and taxes actually accruing'' and inserting ``duties, 
                fees, taxes, and interest actually accruing''; and
                    (B) in paragraph (3)--
                          (i) by striking ``and taxes'' and inserting 
                      ``taxes, and interest''; and
                          (ii) by striking ``or taxes'' and inserting 
                      ``taxes, or interest''.

    (b) <<NOTE: 19 USC 1321 note.>>  Effective Date.--The amendments 
made by this section shall apply as of December 8, 1993.

SEC. 4. CLARIFICATION REGARDING THE APPLICATION OF CUSTOMS USER FEES.

    (a) In General.--Subparagraph (D) of section 13031(b)(8) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(b)(8)(D)) is amended--
            (1) in clause (iv)--
                    (A) by striking ``subparagraph 9802.00.80 of such 
                Schedules'' and inserting ``heading 9802.00.80 of such 
                Schedule''; and
                    (B) by striking ``and'' at the end of clause (iv);
            (2) by striking the period at the end of clause (v) and 
        inserting ``; and''; and
            (3) by inserting after clause (v) the following new clause:
            ``(vi) in the case of merchandise entered from a foreign 
        trade zone (other than merchandise to which clause (v) applies), 
        be applied only to the value of the privileged or nonprivileged

[[Page 110 STAT. 3517]]

        foreign status merchandise under section 3 of the Act of June 
        18, 1934 (commonly known as the Foreign Trade Zones Act, 19 
        U.S.C. 81c).''.

    (b) <<NOTE: 19 USC 58c note.>>  Effective Date.--The amendments made 
by subsection (a) apply to--
            (1) any entry made from a foreign trade zone on or 
        after the 15th day after the date of the enactment of this Act; 
        and
            (2) any entry made from a foreign trade zone after 
        November 30, 1986, and before such 15th day if liquidation of 
        the entry was not final before such 15th day.

    (c) Application <<NOTE: 19 USC 58c note.>>  of Fees to Certain 
Agricultural 
Products.--The amendment made by section 111(b)(2)(D)(iv) of the Customs 
and Trade Act of 1990 shall apply to--
            (1) any entry made from a foreign trade zone on or after the 
        15th day after the date of the enactment of this Act; and
            (2) any entry made from a foreign trade zone after 
        November 30, 1986, and before such 15th day if the liquidation 
        of the entry was not final before such 15th day.

SEC. 5. TECHNICAL AMENDMENT TO THE CUSTOMS AND TRADE ACT OF 1990.

    Subsection (b) of section 484H of the Customs and Trade Act of 1990 
(19 U.S.C. 1553 note) is amended by striking ``, or withdrawn from 
warehouse for consumption,'' and inserting ``for transportation in 
bond''.

SEC. 6. CLARIFICATION OF FEES FOR CERTAIN CUSTOMS SERVICES.

    (a) In General.--Section 13031(b)(9)(A) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is amended--
            (1) by striking ``centralized hub facility or'' in clause 
        (i); and
            (2) in clause (ii)--
                    (A) by striking ``facility--'' and inserting 
                ``facility or centralized hub facility--'',
                    (B) by striking ``customs inspectional'' in 
                subclause 
                (I), and
                    (C) by striking ``at the facility'' in subclause (I) 
                and inserting ``for the facility''.

    (b) Definitions.--Section 13031(b)(9)(B)(i) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(B)(i)) is 
amended--
            (1) by striking ``, as in effect on July 30, 1990'', and
            (2) by adding at the end thereof the following new sentence: 
        ``Nothing in this paragraph shall be construed as prohibiting 
        the Secretary of the Treasury from processing merchandise that 
        is informally entered or released at any centralized hub 
        facility or express consignment carrier facility during the 
        normal operating hours of the Customs Service, subject to 
        reimbursement and payment under subparagraph (A).''.

    (c) Citation.--Section 13031(b)(9)(B)(ii) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(B)(ii)) 
is amended by striking ``section 236 of the Tariff and Trade Act of 
1984'' and inserting ``section 236 of the Trade and Tariff Act of 
1984''.

[[Page 110 STAT. 3518]]

SEC. 7. SPECIAL RULE FOR EXTENDING TIME FOR FILING DRAWBACK CLAIMS.

    Section 313(r) of the Tariff Act of 1930 (19 U.S.C. 1313(r)) is 
amended by adding at the end the following:
            ``(3)(A) The Customs Service may, notwithstanding the 
        limitation set forth in paragraph (1), extend the time for 
        filing a drawback claim for a period not to exceed 18 months, 
        if--
                    ``(i) the claimant establishes to the satisfaction 
                of the Customs Service that the claimant was unable to 
                file the drawback claim because of an event declared by 
                the 
                President to be a major disaster on or after January 1, 
                1994; and
                    ``(ii) the claimant files a request for such 
                extension with the Customs Service--
                          ``(I) within 1 year from the last day of the 
                      3-year period referred to in paragraph (1), or
                          ``(II) within 1 year after the date of the 
                      enactment of this paragraph,
                whichever is later.
            ``(B) If an extension is granted with respect to a request 
        filed under this paragraph, the periods of time for retaining 

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