Title IX — Miscellaneous Provisions

114th Congress · Approved Feb 24, 2016 · 130 Stat. 122 · Lineage

TITLE IX Miscellaneous Provisions

SEC. 901. De Minimis Value.

(a)

Findings.— Congress makes the following findings:

(1)

Modernizing international customs is critical for United States businesses of all sizes, consumers in the United States, and the economic growth of the United States.

(2)

Higher thresholds for the value of articles that may be entered informally and free of duty provide significant economic benefits to businesses and consumers in the United States and the economy of the United States through costs savings and reductions in trade transaction costs.

(b)

Sense of Congress.— It is the sense of Congress that the United States Trade Representative should encourage other countries, through bilateral, regional, and multilateral fora, to establish commercially meaningful de minimis values for express and postal shipments that are exempt from customs duties and taxes and from certain entry documentation requirements, as appropriate.

(c)

De Minimis Value.— Section 321(a)(2)(C) of the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) is amended by striking “ $200” and inserting “ $800”.

(d)

Effective Date.— The amendment made by subsection (c) shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.

SEC. 902. Consultation on Trade and Customs Revenue Functions.

Section 401(c) of the Security and Accountability For Every Port Act of 2006 (6 U.S.C. 115(c)) is amended—

(1)

in paragraph (1), by striking “ on Department policies and actions that have” and inserting “ not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have”; and

(2)

in paragraph (2)(A), by striking “ not later than 30 days prior to the finalization of” and inserting “ not later than 60 days before proposing, and not later than 60 days before finalizing,”.

SEC. 903. Penalties for Customs Brokers.

(a)

In General.— Section 641(d)(1) of the Tariff Act of 1930 (19 U.S.C. 1641(d)(1)) is amended—

(1)

in subparagraph (E), by striking “ ; or” and inserting a semicolon;

(2)

in subparagraph (F), by striking the period and inserting “ ; or”; and

(3)

by adding at the end the following:

“(G) has been convicted of committing or conspiring to commit an act of terrorism described in section 2332b of title 18, United States Code.”

(b)

Technical Amendments.— Section 641 of the Tariff Act of 1930 (19 U.S.C. 1641) is amended—

(1)

by striking “ the Customs Service” each place it appears and inserting “ U.S. Customs and Border Protection”;

(2)

in subsection (d)(2)(B), by striking “ The Customs Service” and inserting “ U.S. Customs and Border Protection”; and

(3)

in subsection (g)(2)(B), by striking “ Secretary’s notice” and inserting “ notice under subparagraph (A)”.

SEC. 904. Amendments to Chapter 98 of the Harmonized Tariff Schedule of the United States.

(a)

Articles Exported and Returned, Advanced or Improved Abroad.—

(1)

In general.— U.S. Note 3 to subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by adding at the end the following:

“(f)

(1) For purposes of subheadings 9802.00.40 and 9802.00.50, fungible articles exported from the United States for the purposes described in such subheadings—

“(A) may be commingled; and

“(B) the origin, value, and classification of such articles may be accounted for using an inventory management method.

“(2) If a person chooses to use an inventory management method under this paragraph with respect to fungible articles, the person shall use the same inventory management method for any other articles with respect to which the person claims fungibility under this paragraph.

“(3) For the purposes of this paragraph—

“(A) the term ‘fungible articles’ means merchandise or articles that, for commercial purposes, are identical or interchangeable in all situations; and

“(B) the term ‘inventory management method’ means any method for managing inventory that is based on generally accepted accounting principles.”

(2)

Effective date.— The amendment made by this subsection applies to articles classifiable under subheading 9802.00.40 or 9802.00.50 of the Harmonized Tariff Schedule of the United States that are entered, or withdrawn from warehouse for consumption, on or after the date that is 60 days after the date of the enactment of this Act.

(b)

Modification of Provisions Relating to Returned Property.—

(1)

In general.— The article description for heading 9801.00.10 of the Harmonized Tariff Schedule of the United States is amended by inserting after “ exported” the following: “ , or any other products when returned within 3 years after having been exported”.

(2)

Effective date.— The amendment made by paragraph (1) applies to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 60 days after the date of the enactment of this Act.

(c)

Duty-Free Treatment for Certain United States Government Property Returned to the United States.—

(1)

In general.— Subchapter I of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:


“	9801.00.11	United States Government property, returned to the United States without having been advanced in value or improved in condition by any means while abroad, entered by the United States Government or a contractor to the United States Government, and certified by the importer as United States Government property	Free				”.

(2)

Effective date.— The amendment made by paragraph (1) applies to goods entered, or withdrawn from warehouse for consumption, on or after the date that is 60 days after the date of the enactment of this Act.

SEC. 905. Exemption from Duty of Residue of Bulk Cargo Contained in Instruments of International Traffic Previously Exported from the United States.

(a)

In General.— General Note 3(e) of the Harmonized Tariff Schedule of the United States is amended—

(1)

in subparagraph (v), by striking “ and” at the end;

(2)

in subparagraph (vi), by adding “ and” at the end;

(3)

by inserting after subparagraph (vi) (as so amended) the following new subparagraph:

“(vii) residue of bulk cargo contained in instruments of international traffic previously exported from the United States,”

; and

(4)

by adding at the end of the flush text following subparagraph (vii) (as so added) the following: “ For purposes of subparagraph (vii) of this paragraph: The term ‘residue’ means material of bulk cargo that remains in an instrument of international traffic after the bulk cargo is removed, with a quantity, by weight or volume, not exceeding 7 percent of the bulk cargo, and with no or de minimis value. The term ‘bulk cargo’ means cargo that is unpackaged and is in either solid, liquid, or gaseous form. The term ‘instruments of international traffic’ means containers or holders, capable of and suitable for repeated use, such as lift vans, cargo vans, shipping tanks, skids, pallets, caul boards, and cores for textile fabrics, arriving (whether loaded or empty) in use or to be used in the shipment of merchandise in international traffic, and any additional articles or classes of articles that the Commissioner of U.S. Customs and Border Protection designates as instruments of international traffic.”.

(b)

Effective Date.— The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to residue of bulk cargo contained in instruments of international traffic that are imported into the customs territory of the United States on or after such date of enactment and that previously have been exported from the United States.

SEC. 906. Drawback and Refunds.

(a)

Articles Made From Imported Merchandise.— Section 313(a) of the Tariff Act of 1930 (19 U.S.C. 1313(a)) is amended by striking “ the full amount of the duties paid upon the merchandise so used shall be refunded as drawback, less 1 per centum of such duties, except that such” and inserting “ an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be refunded as drawback, except that”.

(b)

Substitution for Drawback Purposes.— Section 313(b) of the Tariff Act of 1930 (19 U.S.C. 1313(b)) is amended—

(1)

by striking “ If imported” and inserting the following:

“(1) In general.—If imported”

(2)

by striking “ and any other merchandise (whether imported or domestic) of the same kind and quality are” and inserting “ or merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise is”;

(3)

by striking “ three years” and inserting “ 5 years”;

(4)

by striking “ the receipt of such imported merchandise by the manufacturer or producer of such articles” and inserting “ the date of importation of such imported merchandise”;

(5)

by striking “ an amount of drawback equal to” and all that follows through the end period and inserting “ an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l), but only if those articles have not been used prior to such exportation or destruction.”; and

(6)

by adding at the end the following:

“(2) Requirements relating to transfer of merchandise.—

“(A) Manufacturers and producers.—Drawback shall be allowed under paragraph (1) with respect to an article manufactured or produced using imported merchandise or other merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise only if the manufacturer or producer of the article received such imported merchandise or such other merchandise, directly or indirectly, from the importer.

“(B) Exporters and destroyers.—Drawback shall be allowed under paragraph (1) with respect to a manufactured or produced article that is exported or destroyed only if the exporter or destroyer received that article, directly or indirectly, from the manufacturer or producer.

“(C) Evidence of transfer.—Transfers of merchandise under subparagraph (A) and transfers of articles under subparagraph (B) may be evidenced by business records kept in the normal course of business and no additional certificates of transfer or manufacture shall be required.

“(3) Submission of bill of materials or formula.—

“(A) In general.—Drawback shall be allowed under paragraph (1) with respect to an article manufactured or produced using imported merchandise or other merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise only if the person making the drawback claim submits with the claim a bill of materials or formula identifying the merchandise and article by the 8-digit HTS subheading number and the quantity of the merchandise.

“(B) Bill of materials and formula defined.—In this paragraph, the terms ‘bill of materials’ and ‘formula’ mean records kept in the normal course of business that identify each component incorporated into a manufactured or produced article or that identify the quantity of each element, material, chemical, mixture, or other substance incorporated into a manufactured article.

“(4) Special rule for sought chemical elements.—

“(A) In general.—For purposes of paragraph (1), a sought chemical element may be—

“(i) considered imported merchandise, or merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise, used in the manufacture or production of an article as described in paragraph (1); and

“(ii) substituted for source material containing that sought chemical element, without regard to whether the sought chemical element and the source material are classifiable under the same 8-digit HTS subheading number, and apportioned quantitatively, as appropriate.

“(B) Sought chemical element defined.—In this paragraph, the term ‘sought chemical element’ means an element listed in the Periodic Table of Elements that is imported into the United States or a chemical compound consisting of those elements, either separately in elemental form or contained in source material.”

(c)

Merchandise Not Conforming to Sample or Specifications.— Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (C)(ii), by striking “ under a certificate of delivery” each place it appears;

(B)

in subparagraph (D)—

(i)

by striking “ 3” and inserting “ 5”; and

(ii)

by striking “ the Customs Service” and inserting “ U.S. Customs and Border Protection”; and

(C)

in the flush text at the end, by striking “ the full amount of the duties paid upon such merchandise, less 1 percent,” and inserting “ an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l)”;

(2)

in paragraph (2), by striking “ the Customs Service” and inserting “ U.S. Customs and Border Protection”; and

(3)

by amending paragraph (3) to read as follows:

“(3) Evidence of transfers.—Transfers of merchandise under paragraph (1) may be evidenced by business records kept in the normal course of business and no additional certificates of transfer shall be required.”

(d)

Proof of Exportation.— Section 313(i) of the Tariff Act of 1930 (19 U.S.C. 1313(i)) is amended to read as follows:

“(i) Proof of Exportation.—A person claiming drawback under this section based on the exportation of an article shall provide proof of the exportation of the article. Such proof of exportation—

“(1) shall establish fully the date and fact of exportation and the identity of the exporter; and

“(2) may be established through the use of records kept in the normal course of business or through an electronic export system of the United States Government, as determined by the Commissioner of U.S. Customs and Border Protection.”

(e)

Unused Merchandise Drawback.— Section 313(j) of the Tariff Act of 1930 (19 U.S.C. 1313(j)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A), in the matter preceding clause (i)—

(i)

by striking “ 3-year” and inserting “ 5-year”; and

(ii)

by inserting “ and before the drawback claim is filed” after “ the date of importation”; and

(B)

in the flush text at the end, by striking “ 99 percent of the amount of each duty, tax, or fee so paid” and inserting “ an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l)”;

(2)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A), by striking “ paragraph (4)” and inserting “ paragraphs (4), (5), and (6)”;

(B)

in subparagraph (A), by striking “ commercially interchangeable with” and inserting “ classifiable under the same 8-digit HTS subheading number as”;

(C)

in subparagraph (B)—

(i)

by striking “ 3-year” and inserting “ 5-year”; and

(ii)

by inserting “ and before the drawback claim is filed” after “ the imported merchandise”;

(D)

in subparagraph (C)(ii), by striking subclause (II) and inserting the following:

“(II) received the imported merchandise, other merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise, or any combination of such imported merchandise and such other merchandise, directly or indirectly from the person who imported and paid any duties, taxes, and fees imposed under Federal law upon importation or entry and due on the imported merchandise (and any such transferred merchandise, regardless of its origin, will be treated as the imported merchandise and any retained merchandise will be treated as domestic merchandise);”

; and

(E)

in the flush text at the end—

(i)

by striking “ the amount of each such duty, tax, and fee” and all that follows through “ 99 percent of that duty, tax, or fee” and inserting “ an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be refunded as drawback”; and

(ii)

by striking the last sentence and inserting the following: “ Notwithstanding subparagraph (A), drawback shall be allowed under this paragraph with respect to wine if the imported wine and the exported wine are of the same color and the price variation between the imported wine and the exported wine does not exceed 50 percent. Transfers of merchandise may be evidenced by business records kept in the normal course of business and no additional certificates of transfer shall be required.”;

(3)

in paragraph (3)(B), by striking “ the commercially interchangeable merchandise” and inserting “ merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise”; and

(4)

by adding at the end the following:

“(5)

(A) For purposes of paragraph (2) and except as provided in subparagraph (B), merchandise may not be substituted for imported merchandise for drawback purposes based on the 8-digit HTS subheading number if the article description for the 8-digit HTS subheading number under which the imported merchandise is classified begins with the term ‘other’.

“(B) In cases described in subparagraph (A), merchandise may be substituted for imported merchandise for drawback purposes if—

“(i) the other merchandise and such imported merchandise are classifiable under the same 10-digit HTS statistical reporting number; and

“(ii) the article description for that 10-digit HTS statistical reporting number does not begin with the term ‘other’.

“(6)

(A) For purposes of paragraph (2), a drawback claimant may use the first 8 digits of the 10-digit Schedule B number for merchandise or an article to determine if the merchandise or article is classifiable under the same 8-digit HTS subheading number as the imported merchandise, without regard to whether the Schedule B number corresponds to more than one 8-digit HTS subheading number.

“(B) In this paragraph, the term ‘Schedule B’ means the Department of Commerce Schedule B, Statistical Classification of Domestic and Foreign Commodities Exported from the United States.”

(f)

Liability for Drawback Claims.— Section 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)) is amended to read as follows:

“(k) Liability for Drawback Claims.—

“(1) In general.—Any person making a claim for drawback under this section shall be liable for the full amount of the drawback claimed.

“(2) Liability of importers.—An importer shall be liable for any drawback claim made by another person with respect to merchandise imported by the importer in an amount equal to the lesser of—

“(A) the amount of duties, taxes, and fees that the person claimed with respect to the imported merchandise; or

“(B) the amount of duties, taxes, and fees that the importer authorized the other person to claim with respect to the imported merchandise.

“(3) Joint and several liability.—Persons described in paragraphs (1) and (2) shall be jointly and severally liable for the amount described in paragraph (2).”

(g)

Regulations.— Section 313(l) of the Tariff Act of 1930 (19 U.S.C. 1313(l)) is amended to read as follows:

“(l) Regulations.—

“(1) In general.—Allowance of the privileges provided for in this section shall be subject to compliance with such rules and regulations as the Secretary of the Treasury shall prescribe.

“(2) Calculation of drawback.—

“(A) In general.—Not later than the date that is 2 years after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Secretary shall prescribe regulations for determining the calculation of amounts refunded as drawback under this section.

“(B) Claims with respect to unused merchandise.—The regulations required by subparagraph (A) for determining the calculation of amounts refunded as drawback under this section shall provide for a refund of equal to 99 percent of the duties, taxes, and fees paid on the imported merchandise, which were imposed under Federal law upon entry or importation of the imported merchandise, and may require the claim to be based upon the average per unit duties, taxes, and fees as reported on the entry summary line item or, if not reported on the entry summary line item, as otherwise allocated by U.S. Customs and Border Protection, except that where there is substitution of the merchandise, then—

“(i) in the case of an article that is exported, the amount of the refund shall be equal to 99 percent of the lesser of—

“(I) the amount of duties, taxes, and fees paid with respect to the imported merchandise; or

“(II) the amount of duties, taxes, and fees that would apply to the exported article if the exported article were imported; and

“(ii) in the case of an article that is destroyed, the amount of the refund shall be an amount that is—

“(I) equal to 99 percent of the lesser of—

“(aa) the amount of duties, taxes, and fees paid with respect to the imported merchandise; and

“(bb) the amount of duties, taxes, and fees that would apply to the destroyed article if the destroyed article were imported; and

“(II) reduced by the value of materials recovered during destruction as provided in subsection (x).

“(C) Claims with respect to manufactured articles into which imported or substitute merchandise is incorporated.—The regulations required by subparagraph (A) for determining the calculation of amounts refunded as drawback under this section shall provide for a refund of equal to 99 percent of the duties, taxes, and fees paid on the imported merchandise incorporated into an article that is exported or destroyed, which were imposed under Federal law upon entry or importation of the imported merchandise incorporated into an article that is exported or destroyed, and may require the claim to be based upon the average per unit duties, taxes, and fees as reported on the entry summary line item, or if not reported on the entry summary line item, as otherwise allocated by U.S. Customs and Border Protection, except that where there is substitution of the imported merchandise, then—

“(i) in the case of an article that is exported, the amount of the refund shall be equal to 99 percent of the lesser of—

“(I) the amount of duties, taxes, and fees paid with respect to the imported merchandise; or

“(II) the amount of duties, taxes, and fees that would apply to the substituted merchandise if the substituted merchandise were imported; and

“(ii) in the case of an article that is destroyed, the amount of the refund shall be an amount that is—

“(I) equal to 99 percent of the lesser of—

“(aa) the amount of duties, taxes, and fees paid with respect to the imported merchandise; and

“(bb) the amount of duties, taxes, and fees that would apply to the substituted merchandise if the substituted merchandise were imported; and

“(II) reduced by the value of materials recovered during destruction as provided in subsection (x).

“(D) Exceptions.—The calculations set forth in subparagraphs (B) and (C) shall not apply to claims for wine based on subsection (j)(2) and claims based on subsection (p) and instead—

“(i) for any drawback claim for wine based on subsection (j)(2), the amount of the refund shall be equal to 99 percent of the duties, taxes, and fees paid with respect to the imported merchandise, without regard to the limitations in subparagraphs (B)(i) and (B)(ii); and

“(ii) for any drawback claim based on subsection (p), the amount of the refund shall be subject to the limitations set out in paragraph (4) of that subsection and without regard to subparagraph (B)(i), (B)(ii), (C)(i), or (C)(ii).

“(3) Status reports on regulations.—Not later than the date that is one year after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, and annually thereafter until the regulations required by paragraph (2) are final, the Secretary shall submit to Congress a report on the status of those regulations.”

(h)

Substitution of Finished Petroleum Derivatives.— Section 313(p) of the Tariff Act of 1930 (19 U.S.C. 1313(p)) is amended—

(1)

by striking “ Harmonized Tariff Schedule of the United States” each place it appears and inserting “ HTS”; and

(2)

in paragraph (3)(A)—

(A)

in clause (ii)(III), by striking “ , as so certified in a certificate of delivery or certificate of manufacture and delivery”; and

(B)

in the flush text at the end—

(i)

by striking “ , so designated on the certificate of delivery or certificate of manufacture and delivery”; and

(ii)

by striking the last sentence and inserting the following: “ The party transferring the merchandise shall maintain records kept in the normal course of business to demonstrate the transfer.”.

(i)

Packaging Material.— Section 313(q) of the Tariff Act of 1930 (19 U.S.C. 1313(q)) is amended—

(1)

in paragraph (1), by striking “ of 99 percent of any duty, tax, or fee imposed under Federal law on such imported material” and inserting “ in an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l)”;

(2)

in paragraph (2), by striking “ of 99 percent of any duty, tax, or fee imposed under Federal law on the imported or substituted merchandise used to manufacture or produce such material” and inserting “ in an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l)”; and

(3)

in paragraph (3), by striking “ they contain” each place it appears and inserting “ it contains”.

(j)

Filing of Drawback Claims.— Section 313(r) of the Tariff Act of 1930 (19 U.S.C. 1313(r)) is amended—

(1)

in paragraph (1)—

(A)

by striking the first sentence and inserting the following: “ A drawback entry shall be filed or applied for, as applicable, not later than 5 years after the date on which merchandise on which drawback is claimed was imported.”;

(B)

in the second sentence, by striking “ 3-year” and inserting “ 5-year”; and

(C)

in the third sentence, by striking “ the Customs Service” and inserting “ U.S. Customs and Border Protection”;

(2)

in paragraph (3)—

(A)

in subparagraph (A)—

(i)

in the matter preceding clause (i), by striking “ The Customs Service” and inserting “ U.S. Customs and Border Protection”;

(ii)

in clauses (i) and (ii), by striking “ the Customs Service” each place it appears and inserting “ U.S. Customs and Border Protection”; and

(iii)

in clause (ii)(I), by striking “ 3-year” and inserting “ 5-year”; and

(B)

in subparagraph (B), by striking “ the periods of time for retaining records set forth in subsection (t) of this section and” and inserting “ the period of time for retaining records set forth in”; and

(3)

by adding at the end the following:

“(4) All drawback claims filed on and after the date that is 2 years after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015 shall be filed electronically.”

(k)

Designation of Merchandise by Successor.— Section 313(s) of the Tariff Act of 1930 (19 U.S.C. 1313(s)) is amended—

(1)

in paragraph (2), by striking subparagraph (B) and inserting the following:

“(B) subject to paragraphs (5) and (6) of subsection (j), imported merchandise, other merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise, or any combination of such imported merchandise and such other merchandise, that the predecessor received, before the date of succession, from the person who imported and paid any duties, taxes, and fees due on the imported merchandise;”

; and

(2)

in paragraph (4), by striking “ certifies that” and all that follows and inserting “ certifies that the transferred merchandise was not and will not be claimed by the predecessor.”.

(l)

Drawback Certificates.— Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended by striking subsection (t).

(m)

Drawback for Recovered Materials.— Section 313(x) of the Tariff Act of 1930 (19 U.S.C. 1313(x)) is amended by striking “ and (c)” and inserting “ (c), and (j)”.

(n)

Definitions.— Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended by adding at the end the following:

“(z) Definitions.—In this section:

“(1) Directly.—The term ‘directly’ means a transfer of merchandise or an article from one person to another person without any intermediate transfer.

“(2) HTS.—The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

“(3) Indirectly.—The term ‘indirectly’ means a transfer of merchandise or an article from one person to another person with one or more intermediate transfers.”

(o)

Recordkeeping.— Section 508(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1508(c)(3)) is amended by striking “ payment” and inserting “ liquidation”.

(p)

Government Accountability Office Report.—

(1)

In general.— Not later than one year after the issuance of the regulations required by subsection (l)(2) of section 313 of the Tariff Act of 1930, as added by subsection (g) of this section, the Comptroller General of the United States shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the modernization of drawback and refunds under section 313 of the Tariff Act of 1930, as amended by this section.

(2)

Contents.— The report required by paragraph (1) shall include the following:

(A)

An assessment of the modernization of drawback and refunds under section 313 of the Tariff Act of 1930, as amended by this section.

(B)

A description of drawback claims that were permissible before the effective date provided for in subsection (q) that are not permissible after that effective date and an identification of industries most affected.

(C)

A description of drawback claims that were not permissible before the effective date provided for in subsection (q) that are permissible after that effective date and an identification of industries most affected.

(q)

Effective Date.—

(1)

In general.— The amendments made by this section shall—

(A)

take effect on the date of the enactment of this Act; and

(B)

except as provided in paragraph (3), apply to drawback claims filed on or after the date that is 2 years after such date of enactment.

(2)

Reporting of operability of automated commercial environment computer system.— Not later than one year after the date of the enactment of this Act, and not later than 2 years after such date of enactment, the Secretary of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on—

(A)

the date on which the Automated Commercial Environment will be ready to process drawback claims; and

(B)

the date on which the Automated Export System will be ready to accept proof of exportation under subsection (i) of section 313 of the Tariff Act of 1930, as amended by subsection (d) of this section.

(3)

Transition rule.— During the one-year period beginning on the date that is 2 years after the date of the enactment of this Act, a person may elect to file a claim for drawback under—

(A)

section 313 of the Tariff Act of 1930, as amended by this section; or

(B)

section 313 of the Tariff Act of 1930, as in effect on the day before the date of the enactment of this Act.

SEC. 907. Report on Certain U.s. Customs and Border Protection Agreements.

(a)

In General.— Not later than one year after entering into an agreement under a program specified in subsection (b), and annually thereafter until the termination of the program, the Commissioner shall submit to the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives a report that includes the following:

(1)

A description of the development of the program, including an identification of the authority under which the program operates.

(2)

A description of the type of entity with which U.S. Customs and Border Protection entered into the agreement and the amount that entity reimbursed U.S. Customs and Border Protection under the agreement.

(3)

An identification of the type of port of entry to which the agreement relates and an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry.

(4)

A description of the services provided by U.S. Customs and Border Protection under the agreement during the year preceding the submission of the report.

(5)

The amount of fees collected under the agreement during that year.

(6)

The total operating expenses of the program during that year.

(7)

A detailed accounting of how the fees collected under the agreement have been spent during that year.

(8)

A summary of any complaints or criticism received by U.S. Customs and Border Protection during that year regarding the agreement.

(9)

An assessment of the compliance of the entity described in paragraph (2) with the terms of the agreement.

(10)

Recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produce economic benefits and security benefits (if applicable).

(11)

A summary of the benefits to and challenges faced by U.S. Customs and Border Protection and the entity described in paragraph (2) under the agreement.

(12)

If the entity described in paragraph (2) is an operator of an airport—

(A)

a detailed account of the revenue collected by U.S. Customs and Border Protection at the airport from—

(i)

fees collected under the agreement; and

(ii)

fees collected from sources other than under the agreement, including fees paid by passengers and air carriers; and

(B)

an assessment of the revenue described in subparagraph (A) compared with the operating costs of U.S. Customs and Border Protection at the airport.

(b)

Program Specified.— A program specified in this subsection is—

(1)

the program for entering into reimbursable fee agreements for the provision of U.S. Customs and Border Protection services established by section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 378);

(2)

the pilot program authorizing U.S. Customs and Border Protection to enter into partnerships with private sector and government entities at ports of entry established by section 559 of the Department of Homeland Security Appropriations Act, 2014 (division F of Public Law 113–76; 6 U.S.C. 211 note);

(3)

the program under which U.S. Customs and Border Protection collects a fee for the use of customs services at designated facilities under section 236 of the Trade and Tariff Act of 1984 (19 U.S.C. 58b); or

(4)

the program established by subtitle B of title VIII of this Act authorizing U.S. Customs and Border Protection to establish preclearance operations in foreign countries.

SEC. 908. Charter Flights.

Section 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended—

(1)

by striking “ (1) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451) or any other provision of law (other than paragraph (2))” and inserting the following:

“(1)

(A) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451) or any other provision of law (other than subparagraph (B) and paragraph (2))”

; and

(2)

by adding at the end the following:

“(B)

(i) An appropriate officer of U.S. Customs and Border Protection may assign a sufficient number of employees of U.S. Customs and Border Protection (if available) to perform services described in clause (ii) for a charter air carrier (as defined in section 40102 of title 49, United States Code) for a charter flight arriving after normal operating hours at an airport that is an established port of entry serviced by U.S. Customs and Border Protection, notwithstanding that overtime funds for those services are not available, if the charter air carrier—

“(I) not later than 4 hours before the flight arrives, specifically requests that such services be provided; and

“(II) pays any overtime fees incurred in connection with such services.

“(ii) Services described in this clause are customs services for passengers and their baggage or any other similar service that could lawfully be performed during regular hours of operation.”

SEC. 909. United States-Israel Trade and Commercial Enhancement.

(a)

Findings.— Congress finds the following:

(1)

Israel is America’s dependable, democratic ally in the Middle East—an area of paramount strategic importance to the United States.

(2)

The United States-Israel Free Trade Agreement formed the modern foundation of the bilateral commercial relationship between the two countries and was the first such agreement signed by the United States with a foreign country.

(3)

The United States-Israel Free Trade Agreement has been instrumental in expanding commerce and the strategic relationship between the United States and Israel.

(4)

More than $45,000,000,000 in goods and services is traded annually between the two countries, in addition to roughly $10,000,000,000 in United States foreign direct investment in Israel.

(5)

The United States continues to look for and find new opportunities to enhance cooperation with Israel, including through the enactment of the United States-Israel Enhanced Security Cooperation Act of 2012 (Public Law 112–150; 22 U.S.C. 8601 et seq.) and the United States-Israel Strategic Partnership Act of 2014 (Public Law 113–296; 128 Stat. 4075).

(6)

It has been the policy of the United States Government to combat all elements of the Arab League Boycott of Israel by—

(A)

public statements of Administration officials;

(B)

enactment of relevant sections of the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), including sections to ensure foreign persons comply with applicable reporting requirements relating to the Boycott;

(C)

enactment of the Tax Reform Act of 1976 (Public Law 94–455; 90 Stat. 1520) that denies certain tax benefits to entities abiding by the Boycott;

(D)

ensuring through free trade agreements with Bahrain and Oman that such countries no longer participate in the Boycott; and

(E)

ensuring as a condition of membership in the World Trade Organization that Saudi Arabia no longer enforces the secondary or tertiary elements of the Boycott.

(b)

Statements of Policy.— Congress—

(1)

supports the strengthening of economic cooperation between the United States and Israel and recognizes the tremendous strategic, economic, and technological value of cooperation with Israel;

(2)

recognizes the benefit of cooperation with Israel to United States companies, including by improving American competitiveness in global markets;

(3)

recognizes the importance of trade and commercial relations to the pursuit and sustainability of peace, and supports efforts to bring together the United States, Israel, the Palestinian territories, and others in enhanced commerce;

(4)

opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel, such as boycotts of, divestment from, or sanctions against Israel;

(5)

notes that boycotts of, divestment from, and sanctions against Israel by governments, governmental bodies, quasi-governmental bodies, international organizations, and other such entities are contrary to principle of nondiscrimination under the GATT 1994 (as defined in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B)));

(6)

encourages the inclusion of politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel such as boycotts of, divestment from, or sanctions against Israel as a topic of discussion at the U.S.-Israel Joint Economic Development Group (JEDG) to support the strengthening of the United States-Israel commercial relationship and combat any commercial discrimination against Israel; and

(7)

supports efforts to prevent investigations or prosecutions by governments or international organizations of United States persons solely on the basis of such persons doing business with Israel, with Israeli entities, or in any territory controlled by Israel.

(c)

Principal Trade Negotiating Objectives of the United States.—

(1)

Commercial partnerships.— Among the principal trade negotiating objectives of the United States for proposed trade agreements with foreign countries regarding commercial partnerships are the following:

(A)

To discourage actions by potential trading partners that directly or indirectly prejudice or otherwise discourage commercial activity solely between the United States and Israel.

(B)

To discourage politically motivated boycotts of, divestment from, and sanctions against Israel and to seek the elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce imposed on Israel.

(C)

To seek the elimination of state-sponsored unsanctioned foreign boycotts of Israel, or compliance with the Arab League Boycott of Israel, by prospective trading partners.

(2)

Effective date.— This subsection takes effect on the date of the enactment of this Act and applies with respect to negotiations commenced before, on, or after such date of enactment.

(d)

Report on Politically Motivated Acts of Boycott of, Divestment From, and Sanctions Against Israel.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on politically motivated boycotts of, divestment from, and sanctions against Israel.

(2)

Matters to be included.— The report required by paragraph (1) shall include the following:

(A)

A description of the establishment of barriers to trade, including nontariff barriers, investment, or commerce by foreign countries or international organizations against United States persons operating or doing business in Israel, with Israeli entities, or in Israeli-controlled territories.

(B)

A description of specific steps being taken by the United States to encourage foreign countries and international organizations to cease creating such barriers and to dismantle measures already in place, and an assessment of the effectiveness of such steps.

(C)

A description of specific steps being taken by the United States to prevent investigations or prosecutions by governments or international organizations of United States persons solely on the basis of such persons doing business with Israel, with Israeli entities, or in Israeli-controlled territories.

(D)

Decisions by foreign persons, including corporate entities and state-affiliated financial institutions, that limit or prohibit economic relations with Israel or persons doing business in Israel or in any territory controlled by Israel.

(e)

Certain Foreign Judgments Against United States Persons.— Notwithstanding any other provision of law, no domestic court shall recognize or enforce any foreign judgment entered against a United States person that conducts business operations in Israel, or any territory controlled by Israel, if the domestic court determines that the foreign judgment is based, in whole or in part, on a determination by a foreign court that the United States person’s conducting business operations in Israel or any territory controlled by Israel or with Israeli entities constitutes a violation of law.

(f)

Definitions.— In this section:

(1)

Boycott of, divestment from, and sanctions against israel.— The term “boycott of, divestment from, and sanctions against Israel” means actions by states, nonmember states of the United Nations, international organizations, or affiliated agencies of international organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in any territory controlled by Israel.

(2)

Domestic court.— The term “domestic court” means a Federal court of the United States, or a court of any State or territory of the United States or of the District of Columbia.

(3)

Foreign court.— The term “foreign court” means a court, an administrative body, or other tribunal of a foreign country.

(4)

Foreign judgment.— The term “foreign judgment” means a final civil judgment rendered by a foreign court.

(5)

Foreign person.— The term “foreign person” means—

(A)

an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or

(B)

a corporation, partnership, or other nongovernmental entity which is not a United States person.

(6)

Person.—

(A)

In general.— The term “person” means—

(i)

a natural person;

(ii)

a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and

(iii)

any successor to any entity described in clause (ii).

(B)

Application to governmental entities.— The term “person” does not include a government or governmental entity that is not operating as a business enterprise.

(7)

United states person.— The term “United States person” means—

(A)

a natural person who is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22))); or

(B)

a corporation or other legal entity that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.

SEC. 910. Elimination of Consumptive Demand Exception to Prohibition on Importation of Goods Made with Convict Labor, Forced Labor, or Indentured Labor; Report.

(a)

Elimination of Consumptive Demand Exception.—

(1)

In general.— Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amended by striking “ The provisions of this section” and all that follows through “ of the United States.”.

(2)

Effective date.— The amendment made by paragraph (1) shall take effect on the date that is 15 days after the date of the enactment of this Act.

(b)

Report Required.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on compliance with section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) that includes the following:

(1)

The number of instances in which merchandise was denied entry pursuant to that section during the 1-year period preceding the submission of the report.

(2)

A description of the merchandise denied entry pursuant to that section.

(3)

Such other information as the Commissioner considers appropriate with respect to monitoring and enforcing compliance with that section.

SEC. 911. Voluntary Reliquidations by U.s. Customs and Border Protection.

Section 501 of the Tariff Act of 1930 (19 U.S.C. 1501) is amended—

(1)

in the section heading, by striking “ the customs service” and inserting “ u.s. customs and border protection”;

(2)

by striking “ the Customs Service” and inserting “ U.S. Customs and Border Protection”; and

(3)

by striking “ on which notice of the original liquidation is given or transmitted to the importer, his consignee or agent” and inserting “ of the original liquidation”.

SEC. 912. Tariff Classification of Recreational Performance Outerwear.

(a)

Repeal.— Section 601 of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 387) is repealed, and any provision of law amended by such section is restored as if such section had not been enacted into law.

(b)

Amendments to Additional U.S. Notes.— The additional U.S. notes to chapter 62 of the Harmonized Tariff Schedule of the United States are amended—

(1)

in additional U.S. note 2—

(A)

by striking “ For the purposes of subheadings” and all that follows through “ 6211.20.15” and inserting “ For the purposes of subheadings 6201.92.17, 6201.92.35, 6201.93.47, 6201.93.60, 6202.92.05, 6202.92.30, 6202.93.07, 6202.93.48, 6203.41.01, 6203.41.25, 6203.43.03, 6203.43.11, 6203.43.55, 6203.43.75, 6204.61.05, 6204.61.60, 6204.63.02, 6204.63.09, 6204.63.55, 6204.63.75 and 6211.20.15”;

(B)

by striking “ (see ASTM designations D 3600-81 and D 3781-79)” and inserting “ (see current version of ASTM D7017)”; and

(C)

by striking “ in accordance with AATCC Test Method 35-1985.” and inserting “ in accordance with the current version of AATCC Test Method 35.”; and

(2)

by adding at the end the following new note:

“3.

(a) When used in a subheading of this chapter or immediate superior text thereto, the term ‘recreational performance outerwear’ means trousers (including, but not limited to, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls, bib and brace overalls, jackets (including, but not limited to, full zip jackets, ski jackets and ski jackets intended for sale as parts of ski-suits), windbreakers and similar articles (including padded, sleeveless jackets), the foregoing of fabrics of cotton, wool, hemp, bamboo, silk or manmade fibers, or a combination of such fibers; that are either water resistant within the meaning of additional U.S. note 2 to this chapter or treated with plastics, or both; with critically sealed seams, and with 5 or more of the following features (as further provided herein):

“(i) insulation for cold weather protection;

“(ii) pockets, at least one of which has a zippered, hook and loop, or other type of closure;

“(iii) elastic, draw cord or other means of tightening around the waist or leg hems, including hidden leg sleeves with a means of tightening at the ankle for trousers and tightening around the waist or bottom hem for jackets;

“(iv) venting, not including grommet(s);

“(v) articulated elbows or knees;

“(vi) reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles or cuffs;

“(vii) weatherproof closure at the waist or front;

“(viii) multi-adjustable hood or adjustable collar;

“(ix) adjustable powder skirt, inner protective skirt or adjustable inner protective cuff at sleeve hem;

“(x) construction at the arm gusset that utilizes fabric, design or patterning to allow radial arm movement; or

“(xi) odor control technology.

“(b) For purposes of this note, the following terms have the following meanings:

“(i) The term ‘treated with plastics’ refers to textile fabrics impregnated, coated, covered or laminated with plastics, as described in note 2 to chapter 59.

“(ii) The term ‘sealed seams’ means seams that have been covered by means of taping, gluing, bonding, cementing, fusing, welding or a similar process so that air and water cannot pass through the seams when tested in accordance with the current version of AATCC Test Method 35.

“(iii) The term ‘critically sealed seams’ means—

“(A) for jackets, windbreakers and similar articles (including padded, sleeveless jackets), sealed seams that are sealed at the front and back yokes, or at the shoulders, arm holes, or both, where applicable; and

“(B) for trousers, overalls and bib and brace overalls and similar articles, sealed seams that are sealed at the front (up to the zipper or other means of closure) and back rise.

“(iv) The term ‘insulation for cold weather protection’ means insulation that meets a minimum clo value of 1.5 per ASTM F 2732.

“(v) The term ‘venting’ refers to closeable or permanent constructed openings in a garment (excluding front, primary zipper closures and grommet(s)) to allow increased expulsion of built-up heat during outdoor activities. In a jacket, such openings are often positioned on the underarm seam of a garment but may also be placed along other seams in the front or back of a garment. In trousers, such openings are often positioned on the inner or outer leg seams of a garment but may also be placed along other seams in the front or back of a garment.

“(vi) The term ‘articulated elbows or knees’ refers to the construction of a sleeve (or pant leg) to allow improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets or other means.

“(vii) The term ‘reinforcement’ refers to the use of a double layer of fabric or section(s) of fabric that is abrasion-resistant or otherwise more durable than the face fabric of the garment.

“(viii) The term ‘weatherproof closure’ means a closure (including, but not limited to, laminated or coated zippers, storm flaps or other weatherproof construction) that has been reinforced or engineered in a manner to reduce the penetration or absorption of moisture or air through an opening in the garment.

“(ix) The term ‘multi-adjustable hood or adjustable collar’ means, in the case of a hood, a hood into which is incorporated two or more draw cords, adjustment tabs or elastics, or, in the case of a collar, a collar into which is incorporated at least one draw cord, adjustment tab, elastic or similar component, to allow volume adjustments around a helmet, or the crown of the head, neck or face.

“(x) The terms ‘adjustable powder skirt’ and ‘inner protective skirt’ refer to a partial lower inner lining with means of tightening around the waist for additional protection from the elements.

“(xi) The term ‘arm gusset’ means construction at the arm of a gusset that utilizes an extra fabric piece in the underarm, usually diamond- or triangular-shaped, designed or patterned to allow radial arm movement.

“(xii) The term ‘radial arm movement’ refers to unrestricted, 180-degree range of motion for the arm while wearing performance outerwear.

“(xiii) The term ‘odor control technology’ means the incorporation into a fabric or garment of materials, including, but not limited to, activated carbon, silver, copper or any combination thereof, capable of adsorbing, absorbing or reacting with human odors, or effective in reducing the growth of odor-causing bacteria.

“(xiv) The term ‘occupational outerwear’ means outerwear garments, including uniforms, of a kind principally used in the work place and specially designed to provide protection from work place hazards such as fire, electrical, abrasion or chemical hazards, or impacts, cuts and punctures.

“(c) The importer of goods entered as ‘recreational performance outerwear’ under a particular subheading of this chapter shall maintain records demonstrating that the entered goods meet the terms of this note, including such information as is necessary to demonstrate the presence of the specific features that render the goods eligible for classification as ‘recreational performance outerwear’.”

(c)

Tariff Classifications.— Chapter 62 of the Harmonized Tariff Schedule of the United States is amended as follows:

(1)

(A)

By striking subheadings 6201.91.10 through 6201.91.20 and inserting the following, with the superior text to subheading 6201.91.03 having the same degree of indentation as the article description for subheading 6201.91.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6201.91.03	Padded, sleeveless jackets	8.5%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 2.5% (OM)	58.5%
	6201.91.05	Other	49.7¢/kg + 19.7%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 14.9¢/kg +5.9% (OM)	52.9¢/kg + 58.5%
		Other:
	6201.91.25	Padded, sleeveless jackets	8.5%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 2.5% (OM)	58.5%
	6201.91.40	Other	49.7¢/kg + 19.7%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 14.9¢/kg +5.9% (OM)	52.9¢/kg + 58.5%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6201.91.10 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6201.91.03 and 6201.91.25 of such Schedule, as added by subparagraph (A), on and after such effective date.

(C)

The staged reductions in the special rate of duty proclaimed for subheading 6201.91.20 of such Schedule before the effective date of this section shall apply to subheadings 6201.91.05 and 6201.91.40 of such Schedule, as added by subparagraph (A), on and after such effective date.

(2)

By striking subheadings 6201.92.10 through 6201.92.20 and inserting the following, with the superior text to subheading 6201.92.05 having the same degree of indentation as the article description for subheading 6201.92.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6201.92.05	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	4.4%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	60%
		Other:
	6201.92.17	Water resistant	6.2%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%
	6201.92.19	Other	9.4%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%
		Other:
	6201.92.30	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	4.4%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	60%
		Other:
	6201.92.35	Water resistant	6.2%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%
	6201.92.45	Other	9.4%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%	”.

(3)

By striking subheadings 6201.93.10 through 6201.93.35 and inserting the following, with the superior text to subheading 6201.93.15 having the same degree of indentation as the article description for subheading 6201.93.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6201.93.15	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	4.4%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	60%
		Other:
	6201.93.18	Padded, sleeveless jackets	14.9%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	76%
		Other:
	6201.93.45	Containing 36 percent or more by weight of wool or fine animal hair	49.5¢/kg + 19.6%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	52.9¢/kg + 58.5%
		Other:
	6201.93.47	Water resistant	7.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	65%
	6201.93.49	Other	27.7%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%
		Other:
	6201.93.50	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	4.4%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	60%
		Other:
	6201.93.52	Padded, sleeveless jackets	14.9%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	76%
		Other:
	6201.93.55	Containing 36 percent or more by weight of wool or fine animal hair	49.5¢/kg + 19.6%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	52.9¢/kg + 58.5%
		Other:
	6201.93.60	Water resistant	7.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	65%
	6201.93.65	Other	27.7%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%	”.

(4)

By striking subheadings 6201.99.10 through 6201.99.90 and inserting the following, with the superior text to subheading 6201.99.05 having the same degree of indentation as the article description for subheading 6201.99.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6201.99.05	Containing 70 percent or more by weight of silk or silk waste	Free		35%
	6201.99.15	Other	4.2%	Free (AU,BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	35%
		Other:
	6201.99.50	Containing 70 percent or more by weight of silk or silk waste	Free		35%
	6201.99.80	Other	4.2%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	35%	”.

(5)

(A)

By striking subheadings 6202.91.10 through 6202.91.20 and inserting the following, with the superior text to subheading 6202.91.03 having the same degree of indentation as the article description for subheading 6202.91.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6202.91.03	Padded, sleeveless jackets	14%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.2% (OM)	58.5%
	6202.91.15	Other	36¢/kg + 16.3%	Free (AU,BH,CA, CL,CO,IL,JO,KR, MA,MX,P, PA,PE,SG)	10.8¢/kg + 4.8% (OM)	46.3¢/kg +58.5%
		Other:
	6202.91.60	Padded, sleeveless jackets	14%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG)	4.2% (OM)	58.5%
	6202.91.90	Other	36¢/kg + 16.3%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG)	10.8¢/kg + 4.8% (OM)	46.3¢/kg + 58.5%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6202.91.10 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6202.91.03 and 6202.91.60 of such Schedule, as added by subparagraph (A), on and after such effective date.

(C)

The staged reductions in the special rate of duty proclaimed for subheading 6202.91.20 of such Schedule before the effective date of this section shall apply to subheadings 6202.91.15 and 6202.91.90 of such Schedule, as added by subparagraph (A), on and after such effective date.

(6)

By striking subheadings 6202.92.10 through 6202.92.20 and inserting the following, with the superior text to subheading 6202.92.03 having the same degree of indentation as the article description for subheading 6202.92.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6202.92.03	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	4.4%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	60%
		Other:
	6202.92.05	Water resistant	6.2%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%
	6202.92.12	Other	8.9%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX,OM, P, PA,PE, SG)	90%
		Other:
	6202.92.25	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	4.4%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	60%
		Other:
	6202.92.30	Water resistant	6.2%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%
	6202.92.90	Other	8.9%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%	”.

(7)

By striking subheadings 6202.93.10 through 6202.93.50 and inserting the following, with the superior text to subheading 6202.93.01 having the same degree of indentation as the article description for subheading 6202.93.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6202.93.01	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	4.4%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	60%
		Other:
	6202.93.03	Padded, sleeveless jackets	14.9%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	76%
		Other:
	6202.93.05	Containing 36 percent or more by weight of wool or fine animal hair	43.4¢/kg + 19.7%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	46.3¢/kg + 58.5%
		Other:
	6202.93.07	Water resistant	7.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	65%
	6202.93.09	Other	27.7%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%
		Other:
	6202.93.15	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	4.4%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	60%
		Other:
	6202.93.25	Padded, sleeveless jackets	14.9%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	76%
		Other:
	6202.93.45	Containing 36 percent or more by weight of wool or fine animal hair	43.4¢/kg + 19.7%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	46.3¢/kg + 58.5%
		Other:
	6202.93.48	Water resistant	7.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	65%
	6202.93.55	Other	27.7%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%	”.

(8)

By striking subheadings 6202.99.10 through 6202.99.90 and inserting the following, with the superior text to subheading 6202.99.03 having the same degree of indentation as the article description for subheading 6202.99.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6202.99.03	Containing 70 percent or more by weight of silk or silk waste	Free		35%
	6202.99.15	Other	2.8%	Free (AU,BH, CA, CL, CO, E*, IL, JO, KR, MA,MX, OM, P, PA, PE,SG)	35%
		Other:
	6202.99.60	Containing 70 percent or more by weight of silk or silk waste	Free		35%
	6202.99.80	Other	2.8%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	35%	”.

(9)

(A)

By striking subheadings 6203.41 through 6203.41.20 and inserting the following, with the article description for subheading 6203.41 having the same degree of indentation as the article description for subheading 6203.41 (as in effect on the day before the effective date of this section):


“	6203.41	Of wool or fine animal hair:
		Recreational performance outerwear:
		Trousers, breeches and shorts:
	6203.41.01	Trousers, breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 9 kg per dozen	7.6%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE,SG)	2.2% (OM)	52.9¢/kg + 58.5%
		Other:
	6203.41.03	Trousers of worsted wool fabric, made of wool yarn having an average fiber diameter of 18.5 microns or less	41.9¢/kg + 16.3%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE,SG)	12.5¢/kg + 4.8% (OM)	52.9¢/kg +58.5%
	6203.41.06	Other	41.9¢/kg + 16.3%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE,SG)	12.5¢/kg + 4.8% (OM)	52.9¢/kg + 58.5%
	6203.41.08	Bib and brace overalls	8.5%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE, SG)	2.5% (OM)	63%
		Other:
		Trousers, breeches and shorts:
	6203.41.25	Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 9 kg per dozen	7.6%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE,SG)	2.2% (OM)	52.9¢/kg +58.5%
		Other:
	6203.41.30	Trousers of worsted wool fabric, made of wool yarn having an average fiber diameter of 18.5 microns or less	41.9¢/kg +16.3%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE,SG)	12.5¢/kg + 4.8% (OM)	52.9¢/kg +58.5%
	6203.41.60	Other	41.9¢/kg +16.3%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE,SG)	12.5¢/kg + 4.8% (OM)	52.9¢/kg +58.5%
	6203.41.80	Bib and brace overalls	8.5%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, P, PA, PE,SG)	2.5% (OM)	63%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6203.41.05 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6203.41.01 and 6203.41.25 of such Schedule, as added by subparagraph (A), on and after such effective date.

(C)

The staged reductions in the special rate of duty proclaimed for subheading 6203.41.12 of such Schedule before the effective date of this section shall apply to subheadings 6203.41.03 and 6203.41.30 of such Schedule, as added by subparagraph (A), on and after such effective date.

(D)

The staged reductions in the special rate of duty proclaimed for subheading 6203.41.18 of such Schedule before the effective date of this section shall apply to subheadings 6203.41.06 and 6203.41.60 of such Schedule, as added by subparagraph (A), on and after such effective date.

(E)

The staged reductions in the special rate of duty proclaimed for subheading 6203.41.20 of such Schedule before the effective date of this section shall apply to subheadings 6203.41.08 and 6203.41.80 of such Schedule, as added by subparagraph (A), on and after such effective date.

(10)

(A)

By striking subheadings 6203.42.10 through 6203.42.40 and inserting the following, with the superior text to subheading 6203.42.03 having the same degree of indentation as the article description for subheading 6203.42.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6203.42.03	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	Free		60%
		Other:
	6203.42.05	Bib and brace overalls	10.3%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA,MX,OM, P, PA,PE, SG)	90%
	6203.42.07	Other	16.6%	Free (AU,BH, CA, CL,CO, IL, JO, MA,MX,OM, P, PA,PE, SG)	9.9% (KR)	90%
		Other:
	6203.42.17	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	Free		60%
		Other:
	6203.42.25	Bib and brace overalls	10.3%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA,MX,OM, P, PA,PE, SG)	90%
	6203.42.45	Other	16.6%	Free (AU,BH, CA, CL,CO, IL, JO, MA, MX, OM, P, PA,PE, SG)	9.9% (KR)	90%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6203.42.40 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6203.42.07 and 6203.42.45 of such Schedule, as added by subparagraph (A), on and after such effective date.

(11)

(A)

By striking subheadings 6203.43.10 through 6203.43.40 and inserting the following, with the superior text to subheading 6203.43.01 having the same degree of indentation as the article description for subheading 6203.43.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6203.43.01	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	Free		60%
		Other:
		Bib and brace overalls:
	6203.43.03	Water resistant	7.1%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA,MX,OM, P, PA,PE,SG)	65%
	6203.43.05	Other	14.9%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX,OM, P, PA, PE,SG)	76%
		Other:
	6203.43.09	Containing 36 percent or more by weight of wool or fine animal hair	49.6¢/kg + 19.7%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX,OM, P, PA,PE,SG)	52.9¢/kg + 58.5%
		Other:
	6203.43.11	Water resistant trousers or breeches	7.1%	Free (AU,BH, CA, CL, CO, IL, JO, MA, MX,OM, P, PA,PE,SG)	1.4% (KR)	65%
	6203.43.13	Other	27.9%	Free (AU,BH, CA, CL, CO, IL, JO, MA, MX,OM, P, PA, PE,SG)	5.5% (KR)	90%
		Other:
	6203.43.45	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	Free		60%
		Other:
		Bib and brace overalls:
	6203.43.55	Water resistant	7.1%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX,OM, P, PA, PE,SG)	65%
	6203.43.60	Other	14.9%	Free (AU,BH, CA, CL, CO,IL,JO, KR, MA, MX,OM, P, PA, PE,SG)	76%
		Other:
	6203.43.65	Certified hand-loomed and folklore products	12.2%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX,OM, P, PA, PE,SG)	76%
		Other:
	6203.43.70	Containing 36 percent or more by weight of wool or fine animal hair	49.6¢/kg + 19.7%	Free (AU,BH, CA, CL, CO, IL, JO, KR, MA, MX,OM, P, PA, PE,SG)	52.9¢/kg + 58.5%
		Other:
	6203.43.75	Water resistant trousers or breeches	7.1%	Free (AU,BH, CA, CL, CO, IL, JO, MA, MX,OM, P, PA,PE,SG)	1.4% (KR)	65%
	6203.43.90	Other	27.9%	Free (AU,BH, CA, CL, CO, IL, JO, MA, MX,OM, P, PA, PE,SG)	5.5% (KR)	90%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6203.43.35 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6203.43.11 and 6203.43.75 of such Schedule, as added by subparagraph (A), on and after such effective date.

(C)

The staged reductions in the special rate of duty proclaimed for subheading 6203.43.40 of such Schedule before the effective date of this section shall apply to subheadings 6203.43.13 and 6203.43.90 of such Schedule, as added by subparagraph (A), on and after such effective date.

(12)

(A)

By striking subheadings 6203.49.10 through 6203.49.80 and the immediate superior text to subheading 6203.49.10, and inserting the following, with the superior text to subheading 6203.49.01 having the same degree of indentation as the article description for subheading 6203.49.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
		Of artificial fibers:
	6203.49.01	Bib and brace overalls	8.5%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX,OM, P, PA,PE, SG)	76%
	6203.49.05	Trousers, breeches and shorts	27.9%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX,OM, P,PA,PE, SG)	90%
		Of other textile materials:
	6203.49.07	Containing 70 percent or more by weight of silk or silk waste	Free		35%
	6203.49.09	Other	2.8%	Free (AU,BH, CA, CL, CO, E*, IL, JO,MA, MX,OM, P, PA,PE, SG)	0.5% (KR)	35%
		Other:
		Of artificial fibers:
	6203.49.25	Bib and brace overalls	8.5%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX,OM, P, PA,PE, SG)	76%
		Trousers, breeches and shorts:
	6203.49.35	Certified hand-loomed and folklore products	12.2%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX,OM, P,PA,PE, SG)	76%
	6203.49.50	Other	27.9%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX,OM, P,PA,PE, SG)	90%
		Of other textile materials:
	6203.49.60	Containing 70 percent or more by weight of silk or silk waste	Free		35%
	6203.49.90	Other	2.8%	Free (AU,BH, CA, CL, CO, E*, IL, JO,MA, MX,OM, P,PA,PE, SG)	0.5% (KR)	35%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6203.49.80 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6203.49.09 and 6203.49.90 of such Schedule, as added by subparagraph (A), on and after such effective date.

(13)

(A)

By striking subheadings 6204.61.10 through 6204.61.90 and inserting the following, with the superior text to subheading 6204.61.05 having the same degree of indentation as the article description for subheading 6204.61.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6204.61.05	Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 6 kg per dozen	7.6%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX, P, PA, PE, SG)	2.2% (OM)	58.5%
	6204.61.15	Other	13.6%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX, P, PA, PE, SG)	4% (OM)	58.5%
		Other:
	6204.61.60	Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 6 kg per dozen	7.6%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX, P, PA, PE, SG)	2.2% (OM)	58.5%
	6204.61.80	Other	13.6%	Free (AU,BH, CA, CL, CO, IL,JO, KR, MA, MX, P, PA, PE, SG)	4% (OM)	58.5%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6204.61.10 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6204.61.05 and 6204.61.60 of such Schedule, as added by subparagraph (A), on and after such effective date.

(C)

The staged reductions in the special rate of duty proclaimed for subheading 6204.61.90 of such Schedule before the effective date of this section shall apply to subheadings 6204.61.15 and 6204.61.80 of such Schedule, as added by subparagraph (A), on and after such effective date.

(14)

(A)

By striking subheadings 6204.62.10 through 6204.62.40 and inserting the following, with the superior text to subheading 6204.62.03 having the same degree of indentation as the article description for subheading 6204.62.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6204.62.03	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	Free		60%
		Other:
	6204.62.05	Bib and brace overalls	8.9%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA,MX, OM, P, PA, PE, SG)	90%
	6204.62.15	Other	16.6%	Free (AU,BH, CA, CL,CO, IL, JO, MA, MX,OM, P, PA,PE, SG)	9.9% (KR)	90%
		Other:
	6204.62.50	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	Free		60%
		Other:
	6204.62.60	Bib and brace overalls	8.9%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA,MX, OM, P, PA, PE, SG)	90%
		Other:
	6204.62.70	Certified hand-loomed and folklore products	7.1%	Free (AU,BH, CA, CL,CO, E, IL, JO,KR, MA,MX, OM, P, PA, PE, SG)	37.5%
	6204.62.80	Other	16.6%	Free (AU,BH, CA, CL,CO, IL, JO, MA, MX,OM, P, PA,PE, SG)	9.9% (KR)	90%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6204.62.40 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6204.62.15 and 6204.62.80 of such Schedule, as added by subparagraph (A), on and after such effective date.

(15)

(A)

By striking subheadings 6204.63.10 through 6204.63.35 and inserting the following, with the superior text to subheading 6204.63.01 having the same degree of indentation as the article description for subheading 6204.63.10 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6204.63.01	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	Free		60%
		Other:
		Bib and brace overalls:
	6204.63.02	Water resistant	7.1%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, OM,P, PA,PE, SG)	65%
	6204.63.03	Other	14.9%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, OM,P, PA,PE, SG)	76%
		Other:
	6204.63.08	Containing 36 percent or more by weight of wool or fine animal hair	13.6%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX,OM,P, PA,PE, SG)	58.5%
		Other:
	6204.63.09	Water resistant trousers or breeches	7.1%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX,OM,P, PA,PE, SG)	65%
	6204.63.11	Other	28.6%	Free (AU,BH,CA, CL,CO, IL,JO, MA,MX,OM,P, PA,PE, SG)	5.7% (KR)	90%
		Other:
	6204.63.50	Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down	Free		60%
		Other:
		Bib and brace overalls:
	6204.63.55	Water resistant	7.1%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, OM,P, PA,PE, SG)	65%
	6204.63.60	Other	14.9%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, OM,P, PA,PE, SG)	76%
	6204.63.65	Certified hand-loomed and folklore products	11.3%	Free (AU, BH, CA, CL, CO, E, IL, JO,KR, MA,MX,OM,P, PA,PE, SG)	76%
		Other:
	6204.63.70	Containing 36 percent or more by weight of wool or fine animal hair	13.6%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, OM,P, PA,PE, SG)	58.5%
		Other:
	6204.63.75	Water resistant trousers or breeches	7.1%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, OM,P, PA,PE, SG)	65%
	6204.63.90	Other	28.6%	Free (AU, BH, CA, CL, CO,IL, JO, MA, MX,OM, P, PA, PE,SG)	5.7% (KR)	90%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6204.63.35 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6204.63.11 and 6204.63.90 of such Schedule, as added by subparagraph (A), on and after such effective date.

(16)

By striking subheadings 6204.69.10 through 6204.69.90 and the immediate superior text to subheading 6204.69.10, and inserting the following, with the first superior text having the same degree of indentation as the article description of subheading 6204.69.10 (as in effect on the day before the date of enactment of this Act):


“		Recreational performance outerwear:
		Of artificial fibers:
	6204.69.01	Bib and brace overalls	13.6%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	76%
		Trousers, breeches and shorts:
	6204.69.02	Containing 36 percent or more by weight of wool or fine animal hair	13.6%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA, MX, OM, P, PA, PE, SG)	58.5%
	6204.69.03	Other	28.6%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA, MX, OM, P, PA, PE, SG)	90%
		Of silk or silk waste:
	6204.69.04	Containing 70 percent or more by weight of silk or silk waste	1.1%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	65%
	6204.69.05	Other	7.1%	Free (AU,BH, CA, CL,CO, E*, IL, JO, KR,MA,MX, OM, P,PA, PE, SG)	65%
	6204.69.06	Other	2.8%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	35%
		Other:
		Of artificial fibers:
	6204.69.15	Bib and brace overalls	13.6%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA, MX, OM, P, PA, PE, SG)	76%
		Trousers, breeches and shorts:
	6204.69.22	Containing 36 percent or more by weight of wool or fine animal hair	13.6%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA, MX, OM, P, PA, PE, SG)	58.5%
	6204.69.28	Other	28.6%	Free (AU,BH, CA, CL,CO, IL, JO,KR, MA, MX, OM, P, PA, PE, SG)	90%
		Of silk or silk waste:
	6204.69.45	Containing 70 percent or more by weight of silk or silk waste	1.1%	Free (AU,BH, CA, CL,CO, E, IL, JO, KR, MA, MX, OM, P,PA, PE, SG)	65%
	6204.69.65	Other	7.1%	Free (AU,BH, CA, CL,CO, E*,IL, JO, KR,MA,MX, OM, P,PA, PE, SG)	65%
	6204.69.80	Other	2.8%	Free (AU,BH, CA, CL,CO, E*, IL, JO, KR,MA,MX, OM, P,PA, PE, SG)	35%	”.

(17)

By striking subheadings 6210.40.30 through 6210.40.90 and the immediate superior text to subheading 6210.40.30, and inserting the following, with the first superior text having the same degree of indentation as the immediate superior text to subheading 6210.40.30 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
		Of man-made fibers:
	6210.40.15	Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric	3.8%	Free (AU, BH, CA, CL, CO,IL, JO,KR, MA,MX, OM,P, PA,PE, SG)	65%
	6210.40.25	Other	7.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	65%
		Other:
	6210.40.28	Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric	3.3%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%
	6210.40.29	Other	6.2%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%
		Other:
		Of man-made fibers:
	6210.40.35	Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric	3.8%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	65%
	6210.40.55	Other	7.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	65%
		Other:
	6210.40.75	Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric	3.3%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%
	6210.40.80	Other	6.2%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%	”.

(18)

By striking subheadings 6210.50.30 through 6210.50.90 and the immediate superior text to subheading 6210.50.30, and inserting the following, with the first superior text having the same degree of indentation as the immediate superior text to subheading 6210.50.30 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
		Of man-made fibers:
	6210.50.03	Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric	3.8%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM,P, PA, PE, SG)	65%
	6210.50.05	Other	7.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM,P, PA, PE, SG)	65%
		Other:
	6210.50.12	Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric	3.3%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA,PE, SG)	37.5%
	6210.50.22	Other	6.2%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P,PA, PE, SG)	37.5%
		Other:
		Of man-made fibers:
	6210.50.35	Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric	3.8%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM,P, PA, PE, SG)	65%
	6210.50.55	Other	7.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM,P, PA, PE, SG)	65%
		Other:
	6210.50.75	Having an outer surface impregnated, coated, covered or laminated with rubber or plastics material which completely obscures the underlying fabric	3.3%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%
	6210.50.80	Other	6.2%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	37.5%	”.

(19)

By striking subheading 6211.32.00 and inserting the following, with the article description for subheading 6211.32 having the same degree of indentation as the article description for subheading 6211.32.00 (as in effect on the day before the effective date of this section):


“	6211.32	Of cotton:
	6211.32.50	Recreational performance outerwear	8.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%
	6211.32.90	Other	8.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%	”.

(20)

(A)

By striking subheading 6211.33.00 and inserting the following, with the article description for subheading 6211.33 having the same degree of indentation as the article description for subheading 6211.33.00 (as in effect on the day before the effective date of this section):


“	6211.33	Of man-made fibers:
	6211.33.50	Recreational performance outerwear	16%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA ,PE, SG)	4.8% (OM)	76%
	6211.33.90	Other	16%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG)	4.8% (OM)	76%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6211.33.00 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6211.33.50 and 6211.33.90 of such Schedule, as added by subparagraph (A), on and after such effective date.

(21)

(A)

By striking subheadings 6211.39.05 through 6211.39.90 and inserting the following, with the first superior text having the same degree of indentation as the article description for subheading 6211.39.05 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6211.39.03	Of wool or fine animal hair	12%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG)	3.6% (OM)	58.5%
	6211.39.07	Containing 70 percent or more by weight of silk or silk waste	0.5%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	35%
	6211.39.15	Other	2.8%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)	35%
		Other:
	6211.39.30	Of wool or fine animal hair	12%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG)	3.6% (OM)	58.5%
	6211.39.60	Containing 70 percent or more by weight of silk or silk waste	0.5%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	35%
	6211.39.80	Other	2.8%	Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PE, SG)	35%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6211.39.05 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6211.39.03 and 6211.39.30 of such Schedule, as added by subparagraph (A), on and after such effective date.

(22)

By striking subheading 6211.42.00 and inserting the following, with the article description for subheading 6211.42 having the same degree of indentation as the article description for subheading 6211.42.00 (as in effect on the day before the effective date of this section):


“	6211.42	Of cotton:
	6211.42.05	Recreational performance outerwear	8.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%
	6211.42.10	Other	8.1%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	90%	”.

(23)

(A)

By striking subheading 6211.43.00 and inserting the following, with the article description for subheading 6211.43 having the same degree of indentation as the article description for subheading 6211.43.00 (as in effect on the day before the effective date of this section):


“	6211.43	Of man-made fibers:
	6211.43.05	Recreational performance outerwear	16%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG)	4.8% (OM)	90%
	6211.43.10	Other	16%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG)	4.8% (OM)	90%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6211.43.00 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6211.43.05 and 6211.43.10 of such Schedule, as added by subparagraph (A), on and after such effective date.

(24)

(A)

By striking subheadings 6211.49.10 through 6211.49.90 and inserting the following, with the first superior text having the same degree of indentation as the article description for subheading 6211.49.90 (as in effect on the day before the effective date of this section):


“		Recreational performance outerwear:
	6211.49.03	Containing 70 percent or more by weight of silk or silk waste	1.2%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA,PE, SG)	35%
	6211.49.15	Of wool or fine animal hair	12%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA ,MX, P, PA, PE, SG)	3.6% (OM)	58.5%
	6211.49.25	Other	7.3%	Free (AU, BH, CA, CL, CO, E, IL, JO, MA, MX, OM, P, PA, PE, SG)	1.4% (KR)	35%
		Other:
	6211.49.50	Containing 70 percent or more by weight of silk or silk waste	1.2%	Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG)	35%
	6211.49.60	Of wool or fine animal hair	12%	Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE,SG)	3.6% (OM)	58.5%
	6211.49.80	Other	7.3%	Free (AU, BH, CA, CL, CO, E, IL, JO, MA, MX,OM, P, PA, PE, SG)	1.4% (KR)	35%	”.

(B)

The staged reductions in the special rate of duty proclaimed for subheading 6211.49.41 of the Harmonized Tariff Schedule of the United States before the effective date of this section shall apply to subheadings 6211.49.15 and 6211.49.60 of such Schedule, as added by subparagraph (A), on and after such effective date.

(C)

The staged reductions in the special rate of duty proclaimed for subheading 6211.49.90 of such Schedule before the effective date of this section shall apply to subheadings 6211.49.25 and 6211.49.80 of such Schedule, as added by subparagraph (A), on and after such effective date.

(d)

Effective Date.—

(1)

In general.— Except as provided in paragraph (2), this section and the amendments made by this section—

(A)

shall take effect on the 180th day after the date of the enactment of this Act; and

(B)

shall apply to articles entered, or withdrawn from warehouse for consumption, on or after such 180th day.

(2)

Subsection (a).— Subsection (a) shall take effect on the date of the enactment of this Act.

SEC. 913. Modifications to Duty Treatment of Protective Active Footwear.

(a)

In General.— Chapter 64 of the Harmonized Tariff Schedule of the United States is amended—

(1)

by redesignating the Additional U.S. Note added by section 602(a) of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 413) as Additional U.S. Note 6;

(2)

in subheading 6402.91.42, by striking the matter in the column 1 special rate of duty column and inserting the following: “ Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG) 1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)”; and

(3)

in subheading 6402.99.32, by striking the matter in the column 1 special rate of duty column and inserting the following: “ Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG) 1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)”.

(b)

Staged Rate Reductions.— Section 602(c) of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 414) is amended to read as follows:

“(c) Staged Rate Reductions.—Beginning in calendar year 2016, the staged reductions in special rates of duty proclaimed before the date of the enactment of this Act—

“(1) for subheading 6402.91.90 of the Harmonized Tariff Schedule of the United States shall be applied to subheading 6402.91.42 of such Schedule, as added by subsection (b)(1); and

“(2) for subheading 6402.99.90 of such Schedule shall be applied to subheading 6402.99.32 of such Schedule, as added by subsection (b)(2).”

(c)

Effective Date.—

(1)

In general.— The amendments made by this section shall take effect as if included in the enactment of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 362).

(2)

Retroactive application for certain liquidations and reliquidations.—

(A)

In general.— Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article classified under subheading 6402.91.42 or 6402.99.32 of the Harmonized Tariff Schedule of the United States, that—

(i)

was made—

(I)

after the effective date specified in section 602(d) of the Trade Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 414), and

(II)

before the date of the enactment of this Act, and

(ii)

to which a lower rate of duty would be applicable if the entry were made after such date of enactment,

shall be liquidated or reliquidated as though such entry occurred on such date of enactment.

(B)

Requests.— A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection—

(i)

to locate the entry; or

(ii)

to reconstruct the entry if it cannot be located.

(C)

Payment of amounts owed.— Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).

SEC. 914. Amendments to Bipartisan Congressional Trade Priorities and Accountability Act of 2015.

(a)

Immigration Laws of the United States.— Section 102(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4201(a)) is amended—

(1)

in paragraph (12), by striking “ and” at the end;

(2)

in paragraph (13), by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(14) to ensure that trade agreements do not require changes to the immigration laws of the United States or obligate the United States to grant access or expand access to visas issued under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).”

(b)

Greenhouse Gas Emissions Measures.— Section 102(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4201(a)), as amended by subsection (a) of this section, is further amended—

(1)

in paragraph (13), by striking “ and” at the end;

(2)

in paragraph (14), by striking the period at the end and inserting “ ; and”; and

(3)

by adding at the end the following:

“(15) to ensure that trade agreements do not establish obligations for the United States regarding greenhouse gas emissions measures, including obligations that require changes to United States laws or regulations or that would affect the implementation of such laws or regulations, other than those fulfilling the other negotiating objectives in this section.”

(c)

Fisheries Negotiations.— Section 102(b) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4201(b)) is amended by adding at the end the following:

“(22) Fisheries negotiations.—The principal negotiating objectives of the United States with respect to trade in fish, seafood, and shellfish products are—

“(A) to obtain competitive opportunities for United States exports of fish, seafood, and shellfish products in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports of fish, seafood, and shellfish products in United States markets and to achieve fairer and more open conditions of trade in fish, seafood, and shellfish products, including by reducing or eliminating tariff and nontariff barriers;

“(B) to eliminate fisheries subsidies that distort trade, including subsidies of the type referred to in paragraph 9 of Annex D to the Ministerial Declaration adopted by the World Trade Organization at the Sixth Ministerial Conference at Hong Kong, China on December 18, 2005;

“(C) to pursue transparency in fisheries subsidies programs; and

“(D) to address illegal, unreported, and unregulated fishing.”

(d)

Accreditation.— Section 104 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4203) is amended—

(1)

in subsection (b)(3), by striking “ an official” and inserting “ a delegate and official”; and

(2)

in subsection (c)(2)(C)—

(A)

by striking “ an official” each place it appears and inserting “ a delegate and official”; and

(B)

by inserting after the first sentence the following: “ In addition, the chairmen and ranking members described in subparagraphs (A)(i) and (B)(i) shall each be permitted to designate up to 3 personnel with proper security clearances to serve as delegates and official advisers to the United States delegation in negotiations for any trade agreement to which this title applies.”.

(e)

Trafficking in Persons.—

(1)

In general.— Section 106(b)(6) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4205(b)(6)) is amended by striking subparagraph (B) and inserting the following:

“(B) Exception.—

“(i) Invoking exception.—If the President submits to the appropriate congressional committees a letter stating that a country to which subparagraph (A) applies has taken concrete actions to implement the principal recommendations with respect to that country in the most recent annual report on trafficking in persons, the prohibition under subparagraph (A) shall not apply with respect to a trade agreement or trade agreements with that country.

“(ii) Content of letter; public availability.—A letter submitted under clause (i) with respect to a country shall—

“(I) include a description of the concrete actions that the country has taken to implement the principal recommendations described in clause (i);

“(II) be accompanied by supporting documentation providing credible evidence of each such concrete action, including copies of relevant laws or regulations adopted or modified, and any enforcement actions taken, by that country, where appropriate; and

“(III) be made available to the public.

“(C) Special rule for changes in certain determinations.—If a country is listed as a tier 3 country in an annual report on trafficking in persons submitted in calendar year 2014 or any calendar year thereafter and, in the annual report on trafficking in persons submitted in the next calendar year, is listed on the tier 2 watch list, the President shall submit a detailed description of the credible evidence supporting the change in listing of the country, accompanied by copies of documents providing such evidence, where appropriate, to the appropriate congressional committees—

“(i) in the case of a change in listing reflected in the annual report on trafficking in persons submitted in calendar year 2015, not later than 90 days after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015; and

“(ii) in the case of a change in listing reflected in an annual report on trafficking in persons submitted in calendar year 2016 or any calendar year thereafter, not later than 90 days after the submission of that report.

“(D) Sense of congress.—It is the sense of Congress that the integrity of the process for making the determinations in the annual report on trafficking in persons, including determinations with respect to country rankings and the substance of the assessments in the report, should be respected and not affected by unrelated considerations.

“(E) Definitions.—In this paragraph:

“(i) Annual report on trafficking in persons.—The term ‘annual report on trafficking in persons’ means the annual report on trafficking in persons required under section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)).

“(ii) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(I) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and

“(II) the Committee on Finance and the Committee on Foreign Relations of the Senate.

“(iii) Tier 2 watch list.—The term ‘tier 2 watch list’ means the list of countries required under section 110(b)(2)(A)(iii) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(2)(A)(iii)).

“(iv) Tier 3 country.—The term ‘tier 3 country’ means a country on the list of countries required under section 110(b)(1)(C) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)(C)).”

(2)

Conforming amendment.— Section 106(b)(6)(A) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4205(b)(6)(A)) is amended by striking “ to which the minimum” and all that follows through “ 7107(b)(1))” and inserting “ listed as a tier 3 country in the most recent annual report on trafficking in persons”.

(f)

Technical Amendments.— The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 is amended—

(1)

in section 105(b)(3) (Public Law 114–26; 129 Stat. 346; 19 U.S.C. 4204(b)(3))—

(A)

in subparagraph (A)(ii), by striking “ section 102(b)(16)” and inserting “ section 102(b)(17)”; and

(B)

in subparagraph (B)(ii), by striking “ section 102(b)(16)” and inserting “ section 102(b)(17)”; and

(2)

in section 106(b)(5) (Public Law 114–26; 129 Stat. 354; 19 U.S.C. 4205(b)(5)), by striking “ section 102(b)(15)(C)” and inserting “ section 102(b)(16)(C)”.

(g)

Effective Date.— The amendments made by this section shall take effect as if included in the enactment of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 129 Stat. 320; 19 U.S.C. 4201 et seq.).

SEC. 915. Trade Preferences for Nepal.

(a)

Findings.— Congress makes the following findings:

(1)

Nepal is among the least developed countries in the world, with a per capita gross national income of $730 in 2014.

(2)

Nepal suffered a devastating earthquake in April 2015, with subsequent aftershocks. More than 9,000 people died and approximately 23,000 people were injured.

(b)

Eligibility Requirements.—

(1)

In general.— The President may authorize the provision of preferential treatment under this section to articles that are imported directly from Nepal into the customs territory of the United States pursuant to subsection (c) if the President determines—

(A)

that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 104(a) of the African Growth and Opportunity Act (19 U.S.C. 3703(a)); and

(B)

after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets the eligibility requirements of such section 502.

(2)

Withdrawal, suspension, or limitation of preferential treatment; mandatory graduation.— The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act (19 U.S.C. 2461 et seq.).

(c)

Eligible Articles.—

(1)

In general.— An article described in paragraph (2) may enter the customs territory of the United States free of duty.

(2)

Articles described.—

(A)

In general.— An article is described in this paragraph if—

(i)

(I)

the article is the growth, product, or manufacture of Nepal; and

(II)

in the case of a textile or apparel article, Nepal is the country of origin of the article, as determined under section 102.21 of title 19, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act);

(ii)

the article is imported directly from Nepal into the customs territory of the United States;

(iii)

the article is classified under any of the following subheadings of the Harmonized Tariff Schedule of the United States (as in effect on the day before the date of the enactment of this Act):


4202.11.00	4202.22.60	4202.92.08
4202.12.20	4202.22.70	4202.92.15
4202.12.40	4202.22.80	4202.92.20
4202.12.60	4202.29.50	4202.92.30
4202.12.80	4202.29.90	4202.92.45
4202.21.60	4202.31.60	4202.92.60
4202.21.90	4202.32.40	4202.92.90
4202.22.15	4202.32.80	4202.99.90
4202.22.40	4202.32.95	4203.29.50
4202.22.45	4202.91.00

5701.10.90	5702.91.30	5703.10.80
5702.31.20	5702.91.40	5703.90.00
5702.49.20	5702.92.90	5705.00.20
5702.50.40	5702.99.15
5702.50.59	5703.10.20

6117.10.60	6214.20.00	6217.10.85
6117.80.85	6214.40.00	6301.90.00
6214.10.10	6214.90.00	6308.00.00
6214.10.20	6216.00.80

6504.00.90	6505.00.30	6505.00.90
6505.00.08	6505.00.40	6506.99.30
6505.00.15	6505.00.50	6506.99.60
6505.00.20	6505.00.60
6505.00.25	6505.00.80

(iv)

the President determines, after receiving the advice of the United States International Trade Commission in accordance with section 503(e) of the Trade Act of 1974 (19 U.S.C. 2463(e)), that the article is not import-sensitive in the context of imports from Nepal; and

(v)

subject to subparagraph (C), the sum of the cost or value of the materials produced in, and the direct costs of processing operations performed in, Nepal or the customs territory of the United States is not less than 35 percent of the appraised value of the article at the time it is entered.

(B)

Exclusions.— An article shall not be treated as the growth, product, or manufacture of Nepal for purposes of subparagraph (A)(i)(I) by virtue of having merely undergone—

(i)

simple combining or packaging operations; or

(ii)

mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article.

(C)

Limitation on united states cost.— For purposes of subparagraph (A)(v), the cost or value of materials produced in, and the direct costs of processing operations performed in, the customs territory of the United States and attributed to the 35-percent requirement under that subparagraph may not exceed 15 percent of the appraised value of the article at the time it is entered.

(3)

Verification with respect to transshipment for textile and apparel articles.—

(A)

In general.— Not later than January 1, April 1, July 1, and October 1 of each calendar year, the Commissioner shall verify that textile and apparel articles imported from Nepal to which preferential treatment is extended under this section are not being unlawfully transshipped into the United States.

(B)

Report to president.— If the Commissioner determines under subparagraph (A) that textile and apparel articles imported from Nepal to which preferential treatment is extended under this section are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President.

(d)

Trade Facilitation and Capacity Building.—

(1)

Findings.— Congress makes the following findings:

(A)

As a land-locked least-developed country, Nepal has severe challenges reaching markets and developing capacity to export goods. As of 2015, exports from Nepal are approximately $800,000,000 per year, with India the major market at $450,000,000 annually. The United States imports about $80,000,000 worth of goods from Nepal, or 10 percent of the total goods exported from Nepal.

(B)

The World Bank has found evidence that the overall export competitiveness of Nepal has been declining since 2005. Indices compiled by the World Bank and the Organization for Economic Co-operation and Development found that export costs in Nepal are high with respect to both air cargo and container shipments relative to other low-income countries. Such indices also identify particular weaknesses in Nepal with respect to automation of customs and other trade functions, involvement of local exporters and importers in preparing regulations and trade rules, and export finance.

(C)

Implementation by Nepal of the Agreement on Trade Facilitation of the World Trade Organization could directly address some of the weaknesses described in subparagraph (B).

(2)

Establishment of trade facilitation and capacity building program.— Not later than 180 days after the date of the enactment of this Act, the President shall, in consultation with the Government of Nepal, establish a trade facilitation and capacity building program for Nepal—

(A)

to enhance the central export promotion agency of Nepal to support successful exporters and to build awareness among potential exporters in Nepal about opportunities abroad and ways to manage trade documentation and regulations in the United States and other countries;

(B)

to provide export finance training for financial institutions in Nepal and the Government of Nepal;

(C)

to assist the Government of Nepal in maintaining publication on the Internet of all trade regulations, forms for exporters and importers, tax and tariff rates, and other documentation relating to exporting goods and developing a robust public-private dialogue, through its National Trade Facilitation Committee, for Nepal to identify timelines for implementation of key reforms and solutions, as provided for under the Agreement on Trade Facilitation of the World Trade Organization; and

(D)

to increase access to guides for importers and exporters, through publication of such guides on the Internet, including rules and documentation for United States tariff preference programs.

(e)

Reporting Requirement.— Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall monitor, review, and report to Congress on the implementation of this section, the compliance of Nepal with subsection (b)(1), and the trade and investment policy of the United States with respect to Nepal.

(f)

Termination of Preferential Treatment.— No preferential treatment extended under this section shall remain in effect after December 31, 2025.

(g)

Effective Date.— The provisions of this section shall take effect on the date that is 30 days after the date of the enactment of this Act.

SEC. 916. Agreement by Asia-Pacific Economic Cooperation Members to Reduce Rates of Duty on Certain Environmental Goods.

Section 107 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4206) is amended by adding at the end the following:

“(c) Agreement by Asia-Pacific Economic Cooperation Members to Reduce Rates of Duty on Certain Environmental Goods.—Notwithstanding the notification requirement described in section 103(a)(2), the President may exercise the proclamation authority provided for in section 103(a)(1)(B) to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain environmental goods included in Annex C of the APEC Leaders Declaration issued on September 9, 2012, if (and only if) the President, as soon as feasible after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, and before exercising proclamation authority under section 103(a)(1)(B), notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotiations.”

SEC. 917. Amendment to Tariff Act of 1930 to Require Country of Origin Marking of Certain Castings.

(a)

In General.— Section 304(e) of the Tariff Act of 1930 (19 U.S.C. 1304(e)) is amended—

(1)

in the subsection heading, by striking “ Manhole Rings or Frames, Covers, and Assemblies Thereof” and inserting “ Castings”;

(2)

by inserting “ inlet frames, tree and trench grates, lampposts, lamppost bases, cast utility poles, bollards, hydrants, utility boxes,” before “ manhole rings,”; and

(3)

by adding at the end before the period the following: “ in a location such that it will remain visible after installation”.

(b)

Effective Date.— The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to the importation of castings described in such amendments on or after the date that is 180 days after such date of enactment.

SEC. 918. Inclusion of Certain Information in Submission of Nomination for Appointment as Deputy United States Trade Representative.

Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is amended by adding at the end the following:

“(5)

(A) When the President submits to the Senate for its advice and consent a nomination of an individual for appointment as a Deputy United States Trade Representative under paragraph (2), the President shall include in that submission information on the country, regional offices, and functions of the Office of the United States Trade Representative with respect to which that individual will have responsibility.

“(B) The President shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not less than 30 days prior to making any change to the responsibilities of any Deputy United States Trade Representative included in a submission under subparagraph (A), including the reason for that change.”

SEC. 919. Sense of Congress on the Need for a Miscellaneous Tariff Bill Process.

(a)

Findings.— Congress makes the following findings:

(1)

As of the date of the enactment of this Act, the Harmonized Tariff Schedule of the United States imposes duties on imported goods for which there is no domestic availability or insufficient domestic availability.

(2)

The imposition of duties on such goods creates artificial distortions in the economy of the United States that negatively affect United States manufacturers and consumers.

(3)

It would be in the interests of the United States if the Harmonized Tariff Schedule were updated regularly and predictably to eliminate such artificial distortions by suspending or reducing duties on such goods.

(4)

The manufacturing competitiveness of the United States around the world would be enhanced if the Harmonized Tariff Schedule were updated regularly and predictably to suspend or reduce duties on such goods.

(b)

Sense of Congress.— It is the sense of Congress that, to remove the competitive disadvantage to United States manufacturers and consumers resulting from the imposition of such duties and to promote the competitiveness of United States manufacturers, the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives are urged to advance, as soon as possible, after consultation with the public and Members of the Senate and the House of Representatives, a regular and predictable legislative process for the temporary suspension and reduction of duties that is consistent with the rules of the Senate and the House.

SEC. 920. Customs User Fees.

(a)

In General.— Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended—

(1)

in subparagraph (A), by striking “ July 7, 2025” and inserting “ September 30, 2025”; and

(2)

by striking subparagraph (D).

(b)

Rate for Merchandise Processing Fees.— Section 503 of the United States–Korea Free Trade Agreement Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended—

(1)

by striking “ June 30, 2025” and inserting “ September 30, 2025”; and

(2)

by striking subsection (c).

SEC. 921. Increase in Penalty for Failure to File Return of Tax.

(a)

In General.— Section 6651(a) of the Internal Revenue Code of 1986 is amended by striking “ $135” in the last sentence and inserting “ $205”.

(b)

Conforming Amendment.— Section 6651(i) of such Code is amended by striking “ $135” and inserting “ $205”.

(c)

Effective Date.— The amendments made by this section shall apply to returns required to be filed in calendar years after 2015.

SEC. 922. Permanent Moratorium on Internet Access Taxes and on Multiple and Discriminatory Taxes on Electronic Commerce.

(a)

Permanent Moratorium.— Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking “ during the period beginning November 1, 2003, and ending October 1, 2015”.

(b)

Temporary Extension.— Section 1104(a)(2)(A) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking “ October 1, 2015” and inserting “ June 30, 2020”.

Lineage

Feb 24, 2016reading now Pub. L. 114–125 Enacted
Feb 24, 2016 H.R. 644 · Enrolled Bill Congress
Jun 12, 2015 H.R. 644 · Engrossed Amendment House House
May 14, 2015 H.R. 644 · Engrossed Amendment Senate Senate
Feb 23, 2015 H.R. 644 · Placed on Calendar Senate Senate Received
Feb 23, 2015 H.R. 644 · Received in Senate Senate Received
Feb 12, 2015 H.R. 644 · Engrossed in House House
Feb 2, 2015 H.R. 644 · Reported in House House Mr. Reed introduced the following bill; which was referred to the Committee on Ways and Means
Feb 2, 2015 H.R. 644 · Introduced in House House Mr. Reed introduced the following bill; which was referred to the Committee on Ways and Means

Title IX — Miscellaneous Provisions