Pub.L. 107-044 Making continuing appropriations for the fiscal year 2002, and for other purposes. <> ...

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Public Law 107-43
107th Congress

                                 An Act


 
  To implement the agreement establishing a United States-Jordan free 
          trade area. <<NOTE: Sept. 28, 2001 -  [H.R. 2603]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: United States-
Jordan Free Trade Area Implementation Act. Exports and imports. 19 USC 
2112 note.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Jordan Free Trade Area 
Implementation Act''.

SEC. 2. PURPOSES. <<NOTE: 19 USC 2112 note.>> 

    The purposes of this Act are--
            (1) to implement the agreement between the United States and 
        Jordan establishing a free trade area;
            (2) to strengthen and develop the economic relations between 
        the United States and Jordan for their mutual benefit; and
            (3) to establish free trade between the 2 nations through 
        the removal of trade barriers.

SEC. 3. DEFINITIONS. <<NOTE: 19 USC 2112 note.>> 

    For purposes of this Act:
            (1) Agreement.--The term ``Agreement'' means the Agreement 
        between the United States of America and the Hashemite Kingdom 
        of Jordan on the Establishment of a Free Trade Area, entered 
        into on October 24, 2000.
            (2) HTS.--The term ``HTS'' means the Harmonized Tariff 
        Schedule of the United States.

             TITLE I--TARIFF MODIFICATIONS; RULES OF ORIGIN

SEC. 101. TARIFF MODIFICATIONS. <<NOTE: 19 USC 2112 note.>> 

    (a) Tariff Modifications Provided for in the Agreement.--The 
President may proclaim--
            (1) such modifications or continuation of any duty;
            (2) such continuation of duty-free or excise treatment; or
            (3) such additional duties,

as the President determines to be necessary or appropriate to carry out 
article 2.1 of the Agreement and the schedule of duty reductions with 
respect to Jordan set out in Annex 2.1 of the Agreement.
    (b) Other Tariff Modifications.--The President may proclaim--
            (1) such modifications or continuation of any duty;

[[Page 115 STAT. 244]]

            (2) such continuation of duty-free or excise treatment; or
            (3) 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 Jordan provided for by the Agreement.

SEC. 102. <<NOTE: 19 USC 2112 note.>>  RULES OF ORIGIN.

    (a) In General.--
            (1) Eligible articles.--
                    (A) In general.--The reduction or elimination of any 
                duty imposed on any article by the United States 
                provided for in the Agreement shall apply only if--
                          (i) that article is imported directly from 
                      Jordan into the customs territory of the United 
                      States; and
                          (ii) that article--
                                    (I) is wholly the growth, product, 
                                or manufacture of Jordan; or
                                    (II) is a new or different article 
                                of commerce that has been grown, 
                                produced, or manufactured in Jordan and 
                                meets the requirements of subparagraph 
                                (B).
                    (B) Requirements.--
                          (i) General rule.--The requirements of this 
                      subparagraph are that with respect to an article 
                      described in subparagraph (A)(ii)(II), the sum 
                      of--
                                    (I) the cost or value of the 
                                materials produced in Jordan, plus
                                    (II) the direct costs of processing 
                                operations performed in Jordan,
                      is not less than 35 percent of the appraised value 
                      of such article at the time it is entered.
                          (ii) Materials produced in united states.--If 
                      the cost or value of materials produced in the 
                      customs territory of the United States is included 
                      with respect to an article to which this paragraph 
                      applies, an amount not to exceed 15 percent of the 
                      appraised value of the article at the time it is 
                      entered that is attributable to such United States 
                      cost or value may be applied toward determining 
                      the percentage referred to in clause (i).
            (2) Exclusions.--No article may be considered to meet the 
        requirements of paragraph (1)(A) by virtue of having merely 
        undergone--
                    (A) simple combining or packaging operations; or
                    (B) mere dilution with water or mere dilution with 
                another substance that does not materially alter the 
                characteristics of the article.

    (b) Direct Costs of Processing Operations.--
            (1) In general.--As used in this section, the term ``direct 
        costs of processing operations'' includes, but is not limited 
        to--
                    (A) all actual labor costs involved in the growth, 
                production, manufacture, or assembly of the specific 
                merchandise, including fringe benefits, on-the-job 
                training, and the cost of engineering, supervisory, 
                quality control, and similar personnel; and

[[Page 115 STAT. 245]]

                    (B) dies, molds, tooling, and depreciation on 
                machinery and equipment which are allocable to the 
                specific merchandise.
            (2) Excluded costs.--The term ``direct costs of processing 
        operations'' does not include costs which are not directly 
        attributable to the merchandise concerned, or are not costs of 
        manufacturing the product, such as--
                    (A) profit; and
                    (B) general expenses of doing business which are 
                either not allocable to the specific merchandise or are 
                not related to the growth, production, manufacture, or 
                assembly of the merchandise, such as administrative 
                salaries, casualty and liability insurance, advertising, 
                and salesmen's salaries, commissions, or expenses.

    (c) Textile and Apparel Articles.--
            (1) In general.--A textile or apparel article imported 
        directly from Jordan into the customs territory of the United 
        States shall be considered to meet the requirements of paragraph 
        (1)(A) of subsection (a) only if--
                    (A) the article is wholly obtained or produced in 
                Jordan;
                    (B) the article is a yarn, thread, twine, cordage, 
                rope, cable, or braiding, and--
                          (i) the constituent staple fibers are spun in 
                      Jordan, or
                          (ii) the continuous filament is extruded in 
                      Jordan;
                    (C) the article is a fabric, including a fabric 
                classified under chapter 59 of the HTS, and the 
                constituent fibers, filaments, or yarns are woven, 
                knitted, needled, tufted, felted, entangled, or 
                transformed by any other fabric-making process in 
                Jordan; or
                    (D) the article is any other textile or apparel 
                article that is wholly assembled in Jordan from its 
                component pieces.
            (2) Definition.--For purposes of paragraph (1), an article 
        is ``wholly obtained or produced in Jordan'' if it is wholly the 
        growth, product, or manufacture of Jordan.
            (3) Special rules.--
                    (A) Certain made-up articles, textile articles in 
                the piece, and certain other textiles and textile 
                articles.--Notwithstanding paragraph (1)(D) and except 
                as provided in subparagraphs (C) and (D) of this 
                paragraph, subparagraph (A), (B), or (C) of paragraph 
                (1), as appropriate, shall determine whether a good that 
                is classified under one of the following headings or 
                subheadings of the HTS shall be considered to meet the 
                requirements of paragraph (1)(A) of subsection (a): 
                5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 
                6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.
                    (B) Certain knit-to-shape textiles and textile 
                articles.--Notwithstanding paragraph (1)(D) and except 
                as provided in subparagraphs (C) and (D) of this 
                paragraph, a textile or apparel article which is knit-
                to-shape in Jordan shall be considered to meet the 
                requirements of paragraph (1)(A) of subsection (a).
                    (C) Certain dyed and printed textiles and textile 
                articles.--Notwithstanding paragraph (1)(D), a good 
                classified under heading 6117.10, 6213.00, 6214.00.

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                6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 
                6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 
                6304.99, 9404.90.85, or 9404.90.95 of the HTS, except 
                for a good classified under any such heading as of 
                cotton or of wool or consisting of fiber blends 
                containing 16 percent or more by weight of cotton, shall 
                be considered to meet the requirements of paragraph 
                (1)(A) of subsection (a) if the fabric in the good is 
                both dyed and printed in Jordan, and such dyeing and 
                printing is accompanied by 2 or more of the following 
                finishing operations: bleaching, shrinking, fulling, 
                napping, decating, permanent stiffening, weighting, 
                permanent embossing, or moireing.
                    (D) Fabrics of silk, cotton, manmade fiber or 
                vegetable fiber.--Notwithstanding paragraph (1)(C), a 
                fabric classified under the HTS as of silk, cotton, man-
                made fiber, or vegetable fiber shall be considered to 
                meet the requirements of paragraph (1)(A) of subsection 
                (a) if the fabric is both dyed and printed in Jordan, 
                and such dyeing and printing is accompanied by 2 or more 
                of the following finishing operations: bleaching, 
                shrinking, fulling, napping, decating, permanent 
                stiffening, weighting, permanent embossing, or moireing.
            (4) Multicountry rule.--If the origin of a textile or 
        apparel article cannot be determined under paragraph (1) or (3), 
        then that article shall be considered to meet the requirements 
        of paragraph (1)(A) of subsection (a) if--
                    (A) the most important assembly or manufacturing 
                process occurs in Jordan; or
                    (B) if the applicability of paragraph (1)(A) of 
                subsection (a) cannot be determined under subparagraph 
                (A), the last important assembly or manufacturing occurs 
                in Jordan.

    (d) Exclusion.--A good shall not be considered to meet the 
requirements of paragraph (1)(A) of subsection (a) if the good--
            (1) is imported into Jordan, and, at the time of 
        importation, would be classified under heading 0805 of the HTS; 
        and
            (2) is processed in Jordan into a good classified under any 
        of subheadings 2009.11 through 2009.30 of the HTS.

    (e) Regulations.--The Secretary of the Treasury, after consultation 
with the United States Trade Representative, shall prescribe such 
regulations as may be necessary to carry out this section.

                      TITLE II--RELIEF FROM IMPORTS

                     Subtitle A--General Provisions

SEC. 201. <<NOTE: 19 USC 2112 note.>>  DEFINITIONS.

    As used in this title:
            (1) Commission.--The term ``Commission'' means the United 
        States International Trade Commission.
            (2) Jordanian article.--The term ``Jordanian article'' means 
        an article that qualifies for reduction or elimination of a duty 
        under section 102.

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      Subtitle B--Relief From Imports Benefiting From The Agreement

SEC. 211. <<NOTE: 19 USC 2112 note.>>  COMMENCING OF ACTION FOR RELIEF.

    (a) Filing of Petition.--
            (1) In general.--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.
            (2) Provisional relief.--An entity filing a petition under 
        this subsection may request that provisional relief be provided 
        as if the petition had been filed under section 202(a) of the 
        Trade Act of 1974.
            (3) Critical circumstances.--Any allegation that critical 
        circumstances exist shall be included in the petition.

    (b) Investigation and Determination.--
            (1) In general.--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, a Jordanian 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 Jordanian article alone 
        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.
            (2) Causation.--For purposes of this subtitle, a Jordanian 
        article is being imported into the United States in increased 
        quantities as a result of the reduction or elimination of a duty 
        provided for under the Agreement if the reduction or elimination 
        is a cause that contributes significantly to the increase in 
        imports. Such cause need not be equal to or greater than any 
        other cause.

    (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 (d).

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