Home > 107th Congressional Public Laws > Pub.L. 107-044 Making continuing appropriations for the fiscal year 2002, and for other purposes. <> ...
Pub.L. 107-044 Making continuing appropriations for the fiscal year 2002, and for other purposes. <> ...
<DOC>
[[Page 115 STAT. 243]]
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.
[[Page 115 STAT. 246]]
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.
[[Page 115 STAT. 247]]
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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