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...
<DOC>
[[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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