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Page:United States Statutes at Large Volume 98 Part 3.djvu/603

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 2975

"(A) Any stolen self-propelled vehicle, vessel, aircraft, or part of a self-propelled vehicle, vessel, or aircraft; or "(B) any self-propelled vehicle or part of a self-propelled vehicle from which the identification number has been removed, obliterated, tampered with, or altered; shall be subject to a civil penalty in an amount determined by the Secretary, not to exceed $10,000 for each violation. "(2) Any violation of this subsection shall make such self-propelled vehicle, vessel, aircraft, or part thereof subject to seizure and forfeiture under this Act. "(h) A person attempting to export a used self-propelled vehicle shall present, pursuant to regulations prescribed by the Secretary, to the appropriate customs officer both the vehicle and a document describing such vehicle which includes the vehicle identification number, before lading if the vehicle is to be transported by vessel or aircraft, or before export if the vehicle is to be transported by rail, highway, or under its own power. Failure to comply with the regulations of the Secretary shall subject such person to a civil penalty of not more than $500 for each violation. "(c) For purposes of this section— "(1) the term 'self-propelled vehicle' includes any automobile, truck, tractor, bus, motorcycle, motor home, self-propelled agricultural machinery, self-propelled construction equipment, selfpropelled special use equipment, and any other self-propelled vehicle used or designed for running on land but not on rail; "(2) the term 'aircraft' has the meaning given it in section 101(5) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(5)); "(3) the term 'used' refers to any self-propelled vehicle the equitable or legal title to which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser; and "(4) the term 'ultimate purchaser' means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith purchases a self-propelled vehicle for purposes other than resale. "(d) Customs officers may cooperate and exchange information concerning motor vehicles, off-highway mobile equipment, vessels, or aircraft, either before exportation or after exportation or importation, with such Federal, State, local, and foreign law enforcement or governmental authorities, and with such organizations engaged in theft prevention activities, as may be designated by the Secretary.". SEC. 206. INCREASE IN AMOUNT FOR INFORMAL ENTRY OF GOODS.

Paragraph (1) of section 498 (19 U.S.C. 1498(1)) is amended— (1) by striking out "$250" and inserting in lieu thereof "$1,250"; and (2) by inserting before the semicolon at the end thereof: ", except that this paragraph does not apply to articles valued in excess of $250 classified in— "(A) schedule 3 "(B) parts 1, 4A, 7B, 12A, 12D, and 13B of schedule 7, and "(C) parts 2 and 3 of the Appendix, of the Tariff Schedules of the United States, or to any other article for which formal entry is required without regard to value.".

49 USC app. l^oi.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/604

 98 STAT. 2976

PUBLIC LAW 98-573—OCT. 30, 1984

SEC. 207. CERTAIN COUNTRY OF ORIGIN MARKING REQUIREMENTS.

Section 304 (19 U.S.C. 1304) is amended— (1) by redesignating subsections (c), (d), and (e) as subsections (f), (g), and (h), respectively; (2) by inserting immediately after subsection (b) the following new subsections: "(c) MARKING OF CERTAIN PIPE AND FITTINGS.—No exception may

be made under subsection (a)(3) with respect to pipes of iron, steel, or stainless steel, to pipe fittings of steel, stainless steel, chrome-moly steel, or cast and malleable iron each of which shall be marked with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, or engraving. "(d) MARKING OF COMPRESSED GAS CYLINDERS.—NO exception may

be made under subsection (a)(3) with respect to compressed gas cylinders designed to be used for the transport and storage of compressed gases whether or not certified prior to exportation to have been made in accordance vsrith the safety requirements of sections 178.36 through 178.68 of title 49, Code of Federal Regulations, each of which shall be marked with the English name of the country of origin by means of die stamping, molding, etching, raised lettering, or 2ui equally permanent method of marking. "(e) MARKING OF CERTAIN MANHOLE RINGS OR FRAMES, COVERS, AND ASSEMBLIES THEREOF.—No exception may be made under sub-

section (a)(3) with respect to manhole rings or frames, covers, and assemblies thereof each of which shall be marked on the top surface with the English name of the country of origin by means of die stamping, cast-in-mold lettering, etching, or engraving."; and (3) by striking out "subsection (c)" in subsection (g) (as so redesignated) and inserting in lieu thereof "subsection (f)". SEC. 208. EQUIPMENTS AND REPAIRS OF CERTAIN VESSELS EXEMPT FROM DUTIES.

Section 466(e) (19 U.S.C. 1466(e)) is amended to read as follows: "(e)(1) In the case of any vessel referred to in subsection (a) that arrives in a port of the United States two years or more after its last departure from a port in the United States, the duties imposed by t h ^ section shall apply only with respect to— "(A) fish nets and netting, and "(B) other equipments and parts thereof, repair parts and materials purchased, or repairs made, during the first six months after the last departure of such vessel from a port of the United States. "(2) If such vessel is designed and used primarily for transporting passengers or property, paragraph (1) shall not apply if the vessel departed from the United States for the sole purpose of obtaining such equipments, parts, materials, or repairs.". SEC. 209. ARTICLES RETURNED FROM SPACE.

(a) Part m of title IV (19 U.S.C. 1481 et seq.) is amended by adding the following new section: 19 USC 1484a.

"SEC. 484a. ARTICLES RETURNED FROM SPACE NOT TO BE CONSTRUED AS IMPORTATION.

"The return of articles from space shall not be considered an importation, and an entry of such articles shall not be required, if: "(1) such articles were previously launched into space from the customs territory of the United States aboard a spacecraft

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 98 Part 3.djvu/605

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 2977

operated by, or under the control of, United States persons and owned— "(A) wholly by United States persons, or "(B) in substantial part by United States persons, or "(C) by the United States; "(2) such articles were maintained or utilized while in space solely on board such spacecraft or aboard another spacecraft which meets the requirements of paragraph (1)(A) through (C) of this section; and "(3) such articles were returned to the customs territory directly from space aboard such spacecraft or aboard another spacecraft which meets the requirements of paragraph (1)(A) through (C) of this section; without regard to whether such articles have been advanced in value or improved in condition by any process of manufacture or other means while in space.". (b) Headnote 5 of the general headnotes of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended— (A) by striking out "media; and" in subdivision (e) and inserting in lieu thereof "media,"; (B) by adding after subdivision (e) the following new subdivision: "(f) articles returned from space within the purview of section 484a of the Tariff Act of 1930; and"; and (C) by redesignating subdivision (f) as subdivision (g). SEC. 210. DATE OF LIQUIDATION OR RELIQUIDATION.

(a) Section 505 of the Tariff Act of 1930 (19 U.S.C. 1505) is amended by adding at the end thereof the following new subsection: "(c) Duties determined to be due upon liquidation or reliquidation shall be due 15 days after the date of that liquidation or reliquidation, and unless payment of the duties is received by the appropriate customs officer within 30 days after that date, shall be considered delinquent and bear interest from the 15th day after the date of liquidation or reliquidation at a rate determined by the Secretary of the Treasury.". (b) Section 520 of the Tariff Act of 1930 (19 U.S.C. 1520) is amended by adding at the end thereof the following new subsection: "(d) If a determination is made to reliquidate an entry as a result of a protest filed under section 514 of this Act or an application for relief made under subsection (c)(1) of this section, or if reliquidation is ordered by an appropriate court, interest shall be allowed on any amount paid as increased or additional duties under section 505(c) of this Act at the annual rate established pursuant to that section and determined as of the 15th day after the date of liquidation or reliquidation. The interest shall be calculated from the date of payment to the date of (1) the refund, or (2) the filing of a summons under section 2632 of title 28, United States Code, whichever occurs first.". SEC. 211. OPERATION OF CERTAIN DUTY-FREE SALES ENTERPRISES.

Section 555 of the Tariff Act of 1930 (19 U.S.C. 1555) is amended— (1) by striking out "Buildings" in the first sentence thereof and inserting in lieu thereof "(a) Subject to subsection (b), buildings"; and (2) by inserting at the end thereof the following:

19 USC 1202.

Ante, p. 2976.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/606

 98 STAT. 2978

PUBLIC LAW 98-573—OCT. 30, 1984

"(b) If a State or local governmental authority, incident to its jurisdiction over any airport, seaport, or other exit point facility, requires that a concession or other form of approval be obtained from that authority with respect to the operation of a duty-free sales enterprise under which merchandise is delivered to such facility for exportation, merchandise incident to such operation may not be withdrawn from a bonded warehouse and transferred to such facility unless the operator of the duty-free sales enterprise demonstrates to the Secretary of the Treasury that the concession or approval required for the enterprise has been obtained. For purposes of this subsection, the term 'duty-free sales enterprise' means an entity that sells, in less than wholesale quantities, duty-free or tax-free merchandise that is delivered from a bonded warehouse to an airport, seaport, or point of exit from the United States for exportation by, or on behalf of, individuals departing from the United States.". SEC. 212. CUSTOMS BROKERS.

(a) Section 641 (19 U.S.C. 1641) is amended to read as follows: "SEC. 641. CUSTOMS BROKERS.

"(a) DEFINITIONS.—As used in this section: "(1) The term 'customs broker' means any person granted a customs broker's license by the Secretary under subsection (b). "(2) The term 'customs business' means those activities involving transactions with the Customs Service concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by the Customs Service upon merchandise by reason of its importation, or the refund, rebate, or drawback thereof. "(8) The term 'Secretary' means the Secretary of the Treasury. "(b) CUSTOM BROKER'S LICENSES.—

"(1) IN GENERAL.—No person may conduct customs business (other than solely on behalf of that person) unless that person holds a valid customs broker's license issued by the Secretary under paragraph (2) or (3). "(2) LICENSES FOR INDIVIDUALS.—The Secretary may grant an individual a customs broker's license only if that individual is a citizen of the United States. Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable service to others in the conduct of customs business. In assessing the qualifications of an applicant, the Secretary may conduct an examination to determine the applicant's knowledge of customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters. "(3)

LICENSES FOR CORPORATIONS, ETC.—The Secretary

may

grant a customs broker's license to any corporation, association, or partnership that is organized or existing under the laws of any of the several States of the United States if at least one officer of the corporation or association, or one member of the partnership, holds a valid customs broker's license granted under paragraph (2).

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/607

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 2979

"(4) DUTIES.—A customs broker shall exercise responsible supervision and control over the customs business that it conducts. "(5) LAPSE OF LiCENSE.The failure of a customs broker that is licensed as a corporation, association, or partnership under paragraph (3) to have, for any continuous period of 120 days, at least one officer of the corporation or association, or at least one member of the partnership, validly licensed under paragraph (2) shall, in addition to causing the broker to be subject to any other sanction under this section (including paragraph (6)), result in the revocation by operation of law of its license. "(6) PROHIBITED ACTS.—Any person who intentionally trans-

acts customs business, other than solely on the behalf of that person, without holding a valid customs broker's license granted to that person under this subsection shall be liable to the United States for a monetary penalty not to exceed $10,000 for each such transaction as well as for each violation of any other provision of this section. This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in subsection (d)(2)(A). '(c) CUSTOMS BROKER'S PERMITS.—

"(1) IN GENERAL.—Each person granted a customs broker's license under subsection (b) shall— "(A) be issued a permit, in accordance with regulations prescribed under this section, for each customs district in which that person conducts customs business; and "(B) except as provided in paragraph (2), regularly employ in each customs district for which a permit is so issued at least one individual who is licensed under subsection (b)(2) to exercise responsible supervision and control over the customs business conducted by that person in that district. "(2) EXCEPTION.—If a person granted a customs broker's license under subsection (b) can demonstrate to the satisfaction of the Secretary that— "(A) he regularly employs in the region in which that district is located at least one individual who is licensed under subsection (b)(2), and "(B) that sufficient procedures exist within the company for the person employed in that region to exercise responsible supervision and control over the customs business conducted by that person in that district, the Secretary may waive the requirement in paragraph (I)(B). "(3) LAPSE OF PERMIT.—The failure of a customs broker

granted a permit under paragraph (1) to employ, for any continuous period of 180 days, at least one individual who is licensed under subsection (b)(2) within the district or region (if paragraph (2) applies) for which a permit was issued shall, in addition to causing the broker to be subject to any other sanction under this section (including any in subsection (d)), result in the revocation by operation of law of the permit. "(1) GENERAL RULE.—The Secretary may impose a monetary
 * (d) DisciPUNARY PROCEEDINGS.—

penalty in all cases with the exception of the infractions described in clause (iii) of subparagraph (B) of this subsection, or revoke or suspend a license or permit of any customs broker, if it is shown that the broker—

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/608

 98 STAT. 2980

PUBLIC LAW 98-573—OCT. 30, 1984 "(A) has made or caused to be made in any application for any license or permit under this section, or report filed with the Customs Service, any statement which was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to state in any such application or report any material fact which was required to be stated therein; "(B) has been convicted at any time after the filing of an application for license under subsection (b) of any felony or misdemeanor which the Secretary finds— "(i) involved the importation or exportation of merchandise; "(ii) arose out of the conduct of its customs business; or "(iii) involved larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; "(C) has violated any provision of any law enforced by the Customs Service or the rules or regulations issued under any such provision; "(D) has counseled, commanded, induced, procured, or knowingly aided or abetted the violations by any other person of any provision of any law enforced by the Customs Service, or the rules or regulations issued under any such provision; "(E) has knowingly employed, or continues to employ, any person who has been convicted of a felony, without written approval of such employment from the Secretary; or "(F) has, in the course of its customs business, with intent to defraud, in any manner willfully and knowingly deceived, misled or threatened any client or prospective client. "(2) PROCEDURES.— "(A) MONETARY PENALTY.—Unless action has been teiken

19 USC 1618.

under subparagraph (B), the appropriate customs officer shall serve notice in writing upon any customs broker to show cause why the broker should not be subject to a monetary penalty not to exceed $30,000 in total for a violation or violations of this section. The notice shall advise the customs broker of the allegations or complaints against him and shall explain that the broker has a right to respond to the allegations or complaints in writing within 30 days of the date of the notice. Before imposing a monetary penalty, the customs officer shall consider the allegations or complaints and any timely response made by the customs broker and issue a written decision. A customs broker against whom a monetary penalty has been issued under this section shall have a reasonable opportunity under section 618 to make representations seeking remission or mitigation of the monetary penalty. Following the conclusion of any proceeding under section 618, the appropriate customs officer shall provide to the customs broker a written statement which sets forth the final determination and the findings of fact and conclusions of law on which such determination is based.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/609

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 2981

"(B) REVOCATION OR SUSPENSION.—The appropriate customs officer may, for good and sufficient reason, serve notice in writing upon any customs broker to show cause why a license or permit issued under this section should not be revoked or suspended. The notice shall be in the form of a statement specifically setting forth the grounds of the complaint, and shall allow the customs broker 30 days to respond. If no response is filed, or the appropriate customs officer determines that the revocation or suspension is still warranted, he shall notify the customs broker in writing of a hearing to be held within 15 days, or at a later date if the broker requests an extension and shows good cause therefor, before an administrative law judge appointed pursuant to section 3105 of title 5, United States Code, who shall serve as the hearing officer. If the customs broker waives the hearing, or the broker or his designated representative fails to appear at the appointed time and place, the hearing officer shall make findings and recommendations based on the record submitted by the parties. At the hearing, the customs broker may be represented by counsel, and all proceedings, including the proof of the charges and the response thereto shall be presented with testimony taken under oath and the right of cross-examination accorded to both parties. A transcript of the hearing shall be made and a copy will be provided to the appropriate customs officer and the customs broker; they shall thereafter be provided reasonable opportunity to file a post-hearing brief. Following the conclusion of the hearing, the hearing officer shall transmit promptly the record of the hearing along with his findings of fact and recommendations to the Secretary for decision. The Secretary will issue a written decision, based solely on the record, setting forth his findings of fact and the reasons for his decision. Such decision may provide for the sanction contained in the notice to show cause or any lesser sanction authorized by this subsection, including a monetary penalty not to exceed $30,000, than was contained in the notice to show cause. "(3) SETTLEMENT AND COMPROMISE.—The Secretary may settle

and compromise any disciplinary proceeding which has been instituted under this subsection according to the terms and conditions agreed to by the parties, including but not limited to the reduction of any proposed suspension or revocation to a monetary penalty. "(4) LIMITATION OF ACTIONS.—Notwithstanding section 621, no

proceeding under this subsection or subsection (b)(6) shall be commenced unless such proceeding is instituted by the appropriate service of written notice within 5 years from the date the alleged violation was committed; except that if the alleged violation consists of fraud, the 5-year period of limitation shall commence running from the time such alleged violation was discovered.
 * (e) JUDICIAL APPEAL.—

"(1) IN GENERAL.—A customs broker, applicant, or other person directly affected may appeal any decision of the Secretary denying or revoking a license or permit under subsection (b) or (c), or revoking or suspending a license or permit or imposing a monetary penalty in lieu thereof under subsection

31-194 0 - 86 - 20: QL.3 Part 3

19 USC 1621.

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text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/610

 98 STAT. 2982

PUBLIC LAW 98-573—OCT. 30, 1984

(dK2XB), by filing in the Court of International Trade, within 60 days after the issuance of the decision or order, a written petition requesting that the decision or order be modified or set aside in whole or in part. A copy of the petition shall be transmitted promptly by the clerk of the court to the Secretary or his designee. In cases involving revocation or suspension of a license or permit or imposition of a monetary penalty in lieu thereof under subsection (d)(2)(B), after receipt of the petition, the Secretary shall file in court the record upon which the decision or order complained of was entered, as provided in section 2635(d) of title 28, United States Code. "(2) CONSIDERATION OF OBJECTIONS.—The court shall not consider any objection to the decision or order of the Secretary, or to the introduction of evidence or testimony, unless that objection was raised before the hearing officer in suspension or revocation proceedings unless there were reasonable grounds for failure to do so. "(3) CONCLUSIVENESS OF FINDINGS.—The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive. "(4) ADDITIONAL EVIDENCE.—If any party applies to the court for leave to present additional evidence and the court is satisfied that the additional evidence is material and that reasonable grounds existed for the failure to present the evidence in the proceedings before the hearing officer, the court may order the additional evidence to be taken before the hearing officer and to be presented in a manner and upon the terms and conditions prescribed by the court. The Secretary may modify the findings of facts on the basis of the additional evidence presented. The Secretary shall then file with the court any new or modified findings of fact which shall be conclusive if supported by substantial evidence, together with a recommendation, if any, for the modification or setting aside of the original decision or order. "(5) EFFECT OF PROCEEDINGS.—The commencement of proceedings under this subsection shall, unless specifically ordered by the court, operate as a stay of the decision of the Secretary except in the case of a denial of a license or permit. "(6) FAILURE TO APPEAL.—If an appeal is not filed within the time limits specified in this section, the decision by the Secretary shall be final and conclusive. In the case of a monetary penalty imposed under subsection (d)(2)(B) of this section, if the amount is not tendered within 60 days after the decision becomes final, the license shall automatically be suspended until payment is made to the Customs Service. "(f) REGULATIONS BY THE SECRETARY.—The Secretary may prescribe such rules and regulations relating to the customs business of customs brokers as the Secretary considers necessary to protect importers and the revenue of the United States, and to carry out the provisions of this section, including rules and regulations governing the licensing of or issuance of permits to customs brokers, the keeping of books, accounts, and records by customs brokers, and documents and correspondence, and the furnishing by customs brokers of any other information relating to their customs business to any duly accredited officer or employee of the United States Customs Service. "(g) TRIENNIAL REPORTS BY CUSTOMS BROKERS.—

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Page:United States Statutes at Large Volume 98 Part 3.djvu/611

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 2983

"(1) IN GENERAL.—On February 1, 1985, and on February 1 of each third year thereafter, each person who is licensed under subsection (b) shall file with the Secretary of the Treasury a report as to— "(A) whether such person is actively engaged in business as a customs broker; and "(B) the name under, and the address at, which such business is being transacted. "(2) SUSPENSION AND REVOCATION.—If a person licensed under subsection G)) fails to file the required report by March 1 of the reporting year, the license is suspended, and may be thereafter revoked subject to the following procedures: "(A) The Secretary shall transmit written notice of suspension to the licensee no later than March 31 of the reporting year. "(B) If the licensee files the required report within 60 days of receipt of the Secretary's notice, the license shall be reinstated. "(C) In the event the required report is not filed within the 60-day period, the license shall be revoked without prejudice to the filing of an application for a new license. "(h) FEES AND CHARGES.—The Secretary may prescribe reasonable

fees and charges to defray the costs of the Customs Service in carrying out the provisions of this section, including, but not limited to, a fee for licenses issued under subsection (b) and fees for any test administered by him or under his direction; except that no separate fees shall be imposed to defray the costs of an individual audit or of individual disciplinary proceedings of any nature.". (b) Title 28, United States Code, is amended as follows: (1) Section 1581(g) is amended to read as follows: "(g) The Court of International Trade shall have exclusive jurisdiction of any civil action commenced to review— "(1) any decision of the Secretary of the Treasury to deny a customs broker's license under section 641(b)(2) or (3) or (c) of the Tariff Act of 1930, or to deny a customs broker's permit under section 641(c)(1) of such Act, or to revoke a license or permit under section 641(b)(5) or (c)(2) of such Act; and "(2) any decision of the Secretary of the Treasury to revoke or suspend a customs broker's license or permit, or impose a monetary penalty in lieu thereof, under section 641(d)(2)(B) of the Tariff Act of 1930.". (2) Section 1582(1) is amended to read as follows: "(1) to recover a civil penalty under section 592, 641(a)(1)(C), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff Act of 1930;". (3) Section 2631(g) is amended to read as follows: "(g)(1) A civil action to review any decision of the Secretary of the Treasury to deny a customs broker's license under section 641(b)(2) or (3) of the Tariff Act of 1930, or to deny a customs broker's permit under section 641(c)(1) of such Act, or to revoke such license or permit under section 641(b)(5) or (c)(2) of such Act, may be commenced in the Court of International Trade by the person whose license or permit was denied or revoked. "(2) A civil action to review any decision of the Secretary of the Treasury to revoke or suspend a customs broker's license or permit or impose a monetary penalty in lieu thereof under section 641(d)(2)(B) of the Tariff Act of 1930 may be commenced in the Court

Ante, p. 2978.

19 USC 1592, 1641^ 1671, 1673c.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/612

 98 STAT. 2984

28 USC 2636. Ante, p. 2978.

19 USC 1564.

19 USC 1520.

PUBLIC LAW 98-573—OCT. 30, 1984

of International Trade by the person against whom the decision was issued.". (4) Section 2636(h) is amended to read as follows: "(h) A civil action contesting the denial or revocation by the Secretary of the Treasury of a customs broker's license or permit Under subsection (b) or (c) of section 641 of the Tariff Act of 1930, or the revocation or suspension of such license or permit or the imposition of a monetary penalty in lieu thereof by such Secretary under section 641(d) of such Act, is barred unless commenced in accordance with the rules of the Court of International Trade within sixty days after the date of the entry of the decision or order of such Secretary.". (5) Section 2640(a)(5) is amended to read as follows: "(5) Civil actions commenced to review any decision of the Secretary of the Treasury under section 641 of the Tariff Act of 1930, with the exception of decisions under section 641(d)(2)(B), which shall be governed by subdivision (d) of this section.". (6) Section 2643 is amended by adding the following new subsection: "(e) In any proceeding involving assessment or collection of a monetary penalty under section 641(b)(6) or 641(d)(2)(A) of the Tariff Act of 1930, the court may not render judgment in an amount greater than that sought in the initial pleading of the United States, and may render judgment in such lesser amount as shall seem proper and just to the court.". (7) The Tariff Act of 1930 is further amended— (A) by adding the following sentence at the end of section 564: "The provisions of this section shall apply to licensed customs brokers who otherwise possess a lien for the purposes stated above upon the merchandise under the statutes or common law, or by order of any court of competent jurisdiction, of any State."; and (B) by adding the following at the end of section 520(a): "(4) PRIOR TO UQUIDATION.—Prior to the liquidation of an

entry, whenever it is ascertained that excess duties, fees, charges, or exactions have been deposited or paid by reason of clerical error.". SEC. 213. SEIZURES AND FORFEITURES.

(a) The Tariff Act of 1930 is amended as follows: (1) Section 602 (19 U.S.C. 1602) is amended by inserting "aircraft," after "vehicle,". (2) The sentence beginning "All vessels," in section 605 (19 U.S.C. 1605) is amended by inserting "aircraft," after "vehicles," the first place is appears. (3) Section 606 (19 U.S.C. 1606) is amended by inserting "aircraft" after "vehicle ". (4) Section 607 (19 U.S.C. 1607) is amended to read as follows: "SEC. 607. SEIZURE; VALUE $100,000 OR LESS, PROHIBITED MERCHANDISE, TRANSPORTING CONVEYANCES.

"(a)If"(1) the value of such seized vessel, vehicle, aircraft, merchandise, or baggage does not exceed $100,000; "(2) such seized merchandise is merchandise the importation of which is prohibited; or

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Page:United States Statutes at Large Volume 98 Part 3.djvu/613

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 2985

"(3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any controlled substance; the appropriate customs officer shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the Secretary of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article. (b) As used in this section, the term 'controlled substance' has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802).". (5) Section 608 (19 U.S.C. 1608) is amended— (A) in the sentence beginning "Any person", by inserting "aircraft," after "vehicle,"; and (B) in the sentence beginning "Upon the filing", by inserting after "penal sum of the following: "$2,500 or 10 percent of the value of the claimed property, whichever is lower, but not less than". (6) Section 609 (19 U.S.C. 1609) is amended— (A) by striking out "If no" and inserting in lieu thereof "(a) If no"; (B) by inserting "aircraft," after "vehicle,"; (C) by inserting after "according to law, and" the following: "(except as provided in subsection (b) of this section)"; and (D) by adding at the end the following new subsection: "(b) During the period beginning on the date of the enactment of this subsection and ending on September 30, 1987, the appropriate customs officer shall deposit the proceeds of sale (after deducting such expenses) in the Customs Forfeiture Fund.". (7) Section 610 (19 U.S.C. 1610) is amended— (A) by striking out "VALUE MORE THAN $10,000" in the section heading and inserting in lieu thereof "JUDICIAL FORFEITURE PROCEEDINGS"; and (B) by striking out "If the value of any vessel, vehicle, merchandise, or baggage so seized is greater than $10,000," and inserting in lieu thereof "If any vessel, vehicle, aircraft, merchguidise, or baggage is not subject to section 607 of this Act". (8) Section 611 (19 U.S.C. 1611) is amended by inserting "aircraft," after "vehicle," each place it appears. (9) Section 612 (19 U.S.C. 1612) is amended— (A) by inserting "aircraft," after "vehicle," each place it appears; (B) in the sentence beginning "Whenever it appears"— (i) by striking out "Whenever" and inserting in lieu thereof "(a) Whenever"; (ii) by striking out "the value of; and (iii) by striking out "as determined under section 606 of this Act, does not exceed $10,000" and inserting in lieu thereof "is subject to section 607 of this Act"; (C) in the sentence beginning "If such value"— (i) by striking out "such value of; and (ii) by striking out "exceeds $10,000" and inserting in lieu thereof "is not subject to section 607 of this Act,"; and

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Page:United States Statutes at Large Volume 98 Part 3.djvu/614

 98 STAT. 2986

Infra.

19 USC 1613b.

19 USC 1524. 19 USC 1613.

19 USC 1619.

Ante, p. 2985.

31 USC 5301 et seq.

PUBLIC LAW 98-573—OCT. 30, 1984

(D) by adding at the end the following new subsection: "(b) If the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, and such value is less than $1,000, such officer may proceed forthwith to order destruction or other appropriate disposition of such property, under regulations prescribed by the Secretary of the Treasury.. (10) Section 613 (19 U.S.C. 1613) is amended— (A) by inserting "aircraft," after "vehicle," in the sentence beginning "Except as" in subsection (a); (B) by striking out "with the Treasurer of the United States as a customs or navigation fine" and inserting in lieu thereof "in the general fund of the Treasury of the United States" in paragraph (3) of the sentence beginning "If no" in subsection (a); and (C) by amending subsection (b) by inserting after "and (2) of this section" the following: "or subsection (a)(1), (a)(3), or (a)(4) of section 613A of this Act". (11) Part V of title IV (19 U.S.C. 1581 et seq.) is amended by adding after section 613 the following new section: "SEC. 613A. CUSTOMS FORFEITURE FUND.

"(a) There is established in the Treasury of the United States a fund to be known as the Customs Forfeiture Fund (hereinafter in this section referred to as the 'fund'), which shall be available to the United States Customs Service, subject to appropriation, during the period beginning on the date of the enactment of this section and ending on September 30, 1987. The fund shall be available with respect to seizures and forfeitures by the United States Customs Service under any law enforced or administered by it for payment (to the extent that such payment is not reimbursed under section 524 of this Act)— "(1) of all proper expenses of the seizure or the proceedings of forfeiture and sale (not otherwise recovered under section 613(a)), including, but not limited to, expenses of inventory, security, maintaining the custody of the property, advertising and sale, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court; "(2) of awards of compensation to informers under section 619 of this Act; "(3) for satisfaction of— "(A) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate customs officer according to law; and "(B) other liens against forfeited property; "(4) of amounts authorized by law with respect to remission and mitigation; "(5) for equipping for law enforcement functions of forfeited vessels, vehicles, and aircraft retained as provided by law for official use by the United States Customs Service; and "(6) of claims of parties in interest to property disposed of under section 612(b) of this Act, in the amounts applicable to such claims at the time of seizure. In addition to the purposes described in paragraphs (1) through (6), the fund shall be available for purchases by the United States Customs Service of evidence of (A) smuggling of controlled substances, and (B) violations of the currency and foreign transaction reporting requirements of chapter 53 of title 31, United States Code,

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Page:United States Statutes at Large Volume 98 Part 3.djvu/615

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 2987

if there is a substantial probability that the violations of these requirements are related to the smuggling of controlled substances. "(b)(1) Payment under paragraphs (3) and (4) of subsection (a) of this section shall not exceed the value of the property at the time of the seizure. "(2) Amounts under subsection (a) of this section shall be available, at the discretion of the Commissioner of Customs, to reimburse the applicable appropriation for expenses incurred by the Coast Guard for a purpose specified in such subsection. "(c) There shall be deposited in the fund during the period beginning on the date of the enactment of this section, and ending on September 30, 1987, all proceeds from forfeiture under any law enforced or administered by the United States Customs Service (after reimbursement of expenses under section 524 of this Act) and all earnings on amounts invested under subsection (d) of this section. "(d) Amounts in the fund which are not currently needed for the purposes of this section shall be invested in obligations of, or guaranteed by, the United States. "(e) Not later than four months after the end of each fiscal year, the (llommissioner of Customs shall transmit to the (ingress a report on receipts and disbursements with respect to the fund for such year. "(fKl) There are authorized to be appropriated from the fund for each of the four fiscal years beginning with fiscal year 1984, not more than $10,000,000. "(2) At the end of each of the first three of such four fiscal years, any amount in the fund in excess of $10,000,000 shall be deposited in the general fund of the Treasury. At the end of the last of such four fiscal years, any amount in the fund shall be deposited in the generad fund of the Treasury, and the fund shall cease to exist.". (12) Section 614 (19 U.S.C. 1614) is amended by inserting "aircraft," after "vehicle," each place it appears. (13) Section 615 (19 U.S.C. 1615) is amended— (A) in the matter before the proviso, by inserting "aircraft," after "vehicle," each place it appears; and (B) in paragraph (1) of the proviso, by striking out "vessel or vehicle" and inserting in lieu thereof "vessel, vehicle, or

19 USC 1524. Securities. Report.

Appropriation authorization.

(14) Part V of title IV (19 U.S.C. 1581 et seq.), as amended by paragraph (11), is further amended by adding after section 615 the following new section: "SEC. 616. TRANSFER OF FORFEITED PROPERTY.

"(a) The Secretary of the Treasury may discontinue forfeiture proceedings under this Act in favor of forfeiture under State law. If a complaint for forfeiture is filed under this Act, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law. "(b) If forfeiture proceedings are discontinued or dismissed under this section— "(1) the United States may transfer the seized property to the appropriate State or local official; and "(2) notice of the discontinuance or dismissal shall be provided to all known interested parties. "(c) The Secretary of the Treasury may transfer any property forfeited under this Act to any State or local law enforcement

19 USC 1616a.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/616

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PUBLIC LAW 98-573—OCT. 30, 1984

agency which participated directly in the seizure or forfeiture of the property. "(d) The United States shall not be liable in any action relating to property transferred under this section if such action is beised on an act or omission occurring after the transfer.". (15) Section 619 (19 U.S.C. 1619) is amended— (A) by inserting "aircraft," after "vehicle," each place it appears, and (B) by striking out "$50,000" each place it appears and inserting in lieu thereof "$250,000". (16) The sentence beginning "Whenever any" in section 618 (19 U.S.C. 1618) is amended by inserting "aircraft," after "vehicle," each place it appears. (17) Part V of title IV (19 U.S.C. 1581 et seq.), as amended by paragraphs (11) and (13), is further amended by adding after section 588 the following new section: 19 USC 1589a.

26 USC 7607.

19 USC 1304

"SEC. 589. ENFORCEMENT AUTHORITY OF CUSTOMS OFFICERS.

"Subject to the direction of the Secretary of the Tresisury, an officer of the customs may— "(1) carry a firearm; "(2) execute and serve any order, warrant, subpena, summons, or other process issued under the authority of the United States; "(3) make an arrest without a warrant for any offense against the United States committed in the officer's presence or for a felony, cognizable under the laws of the United States committed outside the officer's presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; and "(4) perform any other law enforcement duty that the Secretary of the Treasury may designate.". (b)(1) Section 7607 of the Internal Revenue Code of 1954 is repealed. (2) The table of sections for subchapter A of chapter 78 of the Internal Revenue Code of 1954 is amended by striking out the item relating to section 7607. SEC. 214. EFFECTIVE DATES.

(a) For purposes of this section, the term "15th day" means the 15th day after the date of the enactment of this Act. (b) Except as provided in subsections (c), (d), and (e), the amendments made by this title shall take effect on the 15th day. (c)(1) The amendment made by section 204 shall apply with respect to vessels returning from the British Virgin Islands on or after the 15th day. (2) The amendments made by section 207 shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day; except for such of those articles that, on or before the 15th day, had been taken on board for transit to the customs territory of the United States. (3)(A) The amendment made by section 208 shall apply with respect to entries made in connection with arrivals of vessels on or after the 15th day. (B) Upon request therefor filed with the customs officer concerned on or before the 90th day after the date of the enactment of this Act, any entry in connection with the arrival of a vessel used primarily for transporting passengers or property—

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Page:United States Statutes at Large Volume 98 Part 3.djvu/617

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98 STAT. 2989

(i) made before the 15th day but not liquidated as of January 1, 1983, or (ii) made before the 15th day but which is the subject of an action in a court of competent jurisdiction on September 19, 1983, and (iii) with respect to which there would have been no duty if the amendment made by section 208 applied to such entry, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, be liquidated or reliquidated as though such entry had been made on the 15th day. (4) The amendments made by section 209 shall apply with respect to articles launched into space from the customs territory of the United States on or after January 1, 1985. (5)(A) The amendment made by section 210(a) shall take effect on the 30th day after the date of the enactment of this Act. (B) The amendment made by section 210(b) shall apply with respect to determinations made or ordered on or after the date of the enactment of this Act. (d)(1) The amendments made by section 212 shall take effect upon the close of the 180th day following the date of the enactment of this Act with the following exceptions: (A) Section 641(c)(l)(B) and section 641(c)(2) of the Tariff Act of 1930, as added by such section, shall take effect three years after the date of the enactment of this Act. (B) The amendments made to the Tariff Act of 1930 by subsection (c) of section 212 shall take effect on such date of enactment. (2) A license in effect on the date of enactment of this Act under section 641 of the Tariff Act of 1930 (as in effect before such date of enactment) shall continue in force as a license to transact customs business as a customs broker, subject to all the provisions of section 212 and such licenses shall be accepted as permits for the district or districts covered by that license. (3) Any proceeding for revocation or suspension of a license instituted under section 641 of the Tariff Act of 1930 before the date of the enactment of this Act shall continue and be governed by the law in effect at the time the proceeding was instituted. (4) If any provision of section 212 or its application to any person or circumstances is held invalid, it shall not affect the validity of the remaining provisions or their application to any other person or circumstances. (e) The amendments made by section 213 shall take effect October 15, 1984.

Subtitle B—Small Business Trade Assistance SEC. 221. ESTABLISHMENT OF TRADE REMEDY ASSISTANCE OFFICE IN THE UNITED STATES INTERNATIONAL TRADE COMMISSION.

Part 2 of title II of the Tariff Act of 1930 (19 U.S.C. 1330-1341) is amended by inserting after section 338 the following new section: "SEC. 339. TRADE REMEDY ASSISTANCE OFFICE.

"(a) There is established in the Commission a Trade Remedy Assistance Office which shall provide full information to the public, upon request, concerning— "(1) remedies and benefits available under the trade laws, and

19 USC 1339.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/618

 98 STAT. 2990

PUBLIC LAW 98-573—OCT. 30, 1984

"(2) the petition and application procedures, and the appropriate filing dates, with respect to such remedies and benefits. "(b) Each agency responsible for administering a trade law shall provide technical assistance to eligible small businesses to enable them to prepare and file petitions and applications (other than those which, in the opinion of the agency, are frivolous) to obtain the remedies and benefits that may be available under that law. "(c) For purposes of this section— "(1) The term 'eligible small business' means any business concern which, in the agency's judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and applications for remedies and benefits under trade laws. In determining whether a business concern is an 'eligible small business', the agency may consult with the Small Business Administration, and shall consult with any other agency that has provided assistance under subsection (b) to that business concern. An agency decision regarding whether a business concern is an eligible small business for purposes of this section is not reviewable by any other agency or by any court. "(2) The term 'trade laws' means— "(A) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq., relating to relief caused by import competition); "(B) chapters 2 and 3 of such title II (relating to adjust19 USC 2271 et seq., 2341 et seq. ment assistance for workers and firms); "(C) chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq., relating to relief from foreign import restrictions and export subsidies); "(D) title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq., relating to the imposition of countervailing duties and antidumping duties); "(E) section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862, relating to the safeguarding of national security); and "(F) section 337 of the Tariff Act of 1930 (19 U.S.C. 1337, relating to unfair practices in import trade)." (b) Section 339 of the Tariff Act of 1930 (as added by subsection (a)) Effective date. 19 USC 1339 shall take effect on the 90th day after the date of the enactment of note. this Act. Subtitle C—Miscellaneous Provisions SEC. 231. FOREIGN TRADE ZONE PROVISIONS.

Bicycle components.

(a)(1) The Congress finds that a delicate balance of the interests of the bicycle industry and the bicycle component parts industry has been reached through repeated revision of the Tariff Schedules of the United States so as to allow duty free import of those categories of bicycle component parts which are not manufactured domestically. The Congress further finds that this balance would be destroyed by exempting otherwise dutiable bicycle component parts from the customs laws of the United States through granting foreign trade zone status to bicycle manufacturing and assembly plants in the United States and that the preservation of such balance is in the public interest and in the interest of the domestic bicycle industry. (2) Section 3 of the Act of June 18, 1934 (commonly known as the Foreign Trade Zones Act (19 U.S.C. 81c)), is amended—

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Page:United States Statutes at Large Volume 98 Part 3.djvu/619

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98 STAT. 2991

(A) by inserting "(a)" immediately before the first word thereof; (B) by redesignating paragraphs (a) and (b) as paragraphs (1) and (2), respectively; and (C) by adding at the end thereof the following new subsection: "(b) The exemption from the customs laws of the United States provided under subsection (a) shall not be available before June 30, 1986, to bicycle component parts unless such parts are reexported from the United States, whether in the original package, as components of a completely assembled bicycle, or otherwise.". (3) The amendments made by paragraph (2) shall take effect on the fifteenth day after the date of the enactment of this Act. mi) Section 15 of such Act of June 18, 1934 (19 U.S.C. 81o) is amended by adding at the end thereof the following new subsection: "(e) Tangible personal property imported from outside the United States and held in a zone for the purpose of storage, sale, exhibition, repackaging, assembly, distribution, sorting, grading, cleaning, mixing, display, manufacturing, or processing, and tangible personal property produced in the United States and held in a zone for exportation, either in its original form or as altered by any of the above processes, shall be exempt from State and local ad valorem taxation.". (2) The amendment made by paragraph (1) shall take effect on January 1, 1983.

Effective date. 19 USC 81c note.

Effective date. 19 USC 81o note.

SEC. 232. DENIAL OF DEDUCTION FOR CERTAIN FOREIGN ADVERTISING EXPENSES.

(a) Section 162 of the Internal Revenue Code of 1954 (relating to trade or business expenses) is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection:

26 USC 162.

"0") CERTAIN FOREIGN ADVERTISING EXPENSES.—

"(1) IN GENERAL.—No deduction shall be allowed under subsection (a) for any expenses of an advertisement carried by a foreign broadcast undertaking and directed primarily to a market in the United States. This paragraph shall apply only to foreign broadcast undertakings located in a country which denies a similar deduction for the cost of advertising directed primarily to a market in the foreign country when placed with a United States broadcast undertaking. "(2) BROADCAST UNDERTAKING.—For purposes of paragraph (1), the term 'broadcast undertaking' includes (but is not limited to) radio and television stations.". (b) The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

Effective date. 26 USC 162 note.

SEC. 233. CERTAIN RELICS AND CURIOS.

Section 925 of title 18, United States Code, is amended by inserting at the end thereof the following: "(e) Notwithstanding any other provision of this title, the Secretary shall authorize the importation of, by any licensed importer, the following: "(1) All rifles and shotguns listed as curios or relics by the Secretary pursuant to section 921(a)(13), and "(2) All handguns, listed as curios or relics by the Secretary pursuant to section 921(a)(13), provided that such handguns are

Firearms.

18 USC 921.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/620

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PUBLIC LAW 98-573—OCT. 30, 1984

generally recognized as particularly suitable for or readily adaptable to sporting purposes.". SEC. 234. MODIFICATION OF DUTIES ON CERTAIN ARTICLES USED IN CIVIL AVIATION. (a) The President may proclaim modifications in the rate of duty column numbered 1 and in the article descriptions, including the superior headings thereto, for the articles provided for in the following items in the Tariff Schedules of the United States (19 U.S.C. 1202) in order to provide duty-free coverage comparable to the expanded coverage provided by all other signatories to the Agreement on Trade in Civil Aircraft pursuant to the extension of the Annex to the Agreement on Trade in Civil Aircraft on October 6, 1983, and recorded in the decision of the Committee on March 22, 1984, if such articles are certified for use in civil aircraft in accordance with headnote 3 to schedule 6, part 6, subpart C of such Schedules: 646.95 660.85 660.97 661.06 661.10 661.15 661.20 661.35 680.59

19 USC 2101.

19 USC 1311.

19 USC 58b.

708.05 708.07 708.09 708.21 708.23 708.25 708.27 708.29 711.77

680.61 680.62 680.92

19 USC 2135.

680.95 681.01 681.15 681.18 681.21 681.24 682.05 683.05 683.07 683.15 708.01 708.03

711.78 711.98 711.49.

(h) For purposes of section 125 of the Trade Act of 1974, the duty-free treatment, if any, proclaimed under subsection (a) shall be considered to be trade agreement obligations entered into under the Trade Act of 1974 of benefit to foreign countries or instrumentalities. SEC. 235. PRODUCTS OF CARIBBEAN BASIN COUNTRIES ENTERED IN PUERTO RICO. Subsection (a) of section 213 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703) is amended by adding at the end thereof the following new paragraph: "(3) Notwithstanding section 311 of the Tariff Act of 1930, the products of a beneficiary country which are imported directly from such country into Puerto Rico may be entered under bond for processing or use in manufacturing in Puerto Rico. No duty shall be imposed on the withdrawal from warehouse of the product of such processing or manufacturing if, at the time of such withdrawal, such product meets the requirements of paragraph (1)(B).". SEC. 236. USER FEE FOR CUSTOMS SERVICES AT CERTAIN SMALL AIRPORTS. (a) The Secretary of the Treasury shall make customs services available and charge a fee for the use of such customs services at— (1) the airport located at Lebanon, New Hampshire, and (2) any other airport designated by the Secretary of the Treasury under subsection (c).

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Page:United States Statutes at Large Volume 98 Part 3.djvu/621

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98 STAT. 2993

(b) The fee which is charged under subsection (a) shall be paid by each person using the customs services at the airport and shall be in an amount equal to the expenses incurred by the Secretary of the Treasury in providing the customs services which are rendered to such person at such airport (including the salary and expenses of individuals employed by the Secretary of the Treasury to provide such customs services). (c) The Secretary of the Treasury may designate 4 airports under this subsection. An airport may be designated under this subsection only if— (1) the Secretary of the Treasury has made a determination that the volume or value of business cleared through such airport is insufficient to justify the availability of customs services at such airport, and (2) the governor of the State in which such airport is located approves such designation. (d) Any person who, after notice and demand for payment of any fee charged under subsection (a), fails to pay such fee shall be guilty of a misdemeanor and if convicted thereof shall pay a fine that does not exceed an amount equal to 200 percent of such fee. (e) Fees collected by the Secretary of the Treasury under subsection (a) with respect to the provision of services at an airport shall be deposited in an account within the Treasury of the United States that IS specially designated for such airport. The funds in such account shall only be available, as provided by appropriation Acts, for expenditures relating to the provision of customs services at such airport (including expenditures for the salaries and expenses of individuals employed to provide such services). SEC. 237. NOTIFICATION OF CERTAIN ACTIONS BY THE UNITED STATES CUSTOMS SERVICE.

(a) The Commissioner of Customs shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives at least 90 days prior to initiating any major field reorganization or consolidation or taking any other action which would— (1) result in a significant reduction in force of employees other than by means of attrition; (2) eliminate or relocate any district, regional, or border office of the United States Customs Service; or (3) significantly reduce the number of employees assigned to any district, regional, or border office of the United States Customs Service. (b) The provisions of this section shall not apply after September 30, 1985. (c) The amendment made by subsection (a) shall take effect after the effective date of any provision of law enacted by the 98th Congress that would, but for this section, limit the authority of the Commissioner of Customs to reorganize or consolidate any district, regional, or border office of the Service.

Effective dates.

SEC. 238. COLUMBIA-SNAKE CUSTOMS DISTRICT.

The Commissioner of the United States Customs Service shall establish a customs district that shall— (1) be known as the Columbia-Snake Customs District; (2) have headquarters at Portland, Oregon; and (3) consist of the following areas:

19 USC 2 note.

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Author:G. von Taube

Articles in Popular Science Monthly

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title: Author:G. von Taube


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(A) The State of Oregon. (B) That part of the State of Idaho below 47 latitude. (C) The following counties in the State of Washington: Adams, Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Skamania, Wahkiakum, Walla Walla, and Whitman. (D) That area of Pacific County, State of Washington, south of a line that would be in effect if the northern boundary of Wahkiakum County were extended westward to the Pacific Ocean. The ports of entry for Columbia-Snake Customs District are those ports of entry that were within the areas described in paragraph (3) on the date of the enactment of this Act; except that Boise, Idaho, is an additional port of entry for that District. SEC. 239. RELIQUIDATION OF CERTAIN MASS SPECTROMETER SYSTEMS.

19 USC 1514, 1520.

Notwithstanding sections 514 and 520 of the Tariff Act of 1930 and any other provision of law, the Secretary of the Treasury is authorized to reliquidate within six months of the date of enactment of this Act the entry of 2 mass spectrometer systems— (1) which were imported into the United States for the use of Montana State University, Bozeman, Montana, and (2) with respect to which applications were filed with the International Trade Administration of the Department of Commerce for duty-free entry of scientific instruments that were assigned the docket numbers 82-00323 and 83-108 (described in 47 Federal Register 41409 and 48 Federal Register 13214, respectively), if the Secretary of Commerce finds that these systems are eligible to enter free of duty pursuant to headnote 6 of part 4 of schedule 8 of the Tariff Schedules of the United States. SEC. 240. MAX PLANCK INSTITUTE FOR RADIOASTRONOMY.

(a)(1) The Secretary of the Treasury is authorized and directed to admit free of duty any article provided by the Max Planck Institute for Radioastronomy of the Federal Republic of Germany to the joint astronomical project being undertaken by the Steward Observatory of the University of Arizona and the Max Planck Institute for the construction, installation, and operation of a sub-mm telescope in the State of Arizona if— (A) such article is an instrument or apparatus (within the meaning of headnote 6(a) of part 4 of schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202)), and (B) no instruments or apparatus of equivalent scientific value for the purposes for which such article is intended to be used is being manufactured in the United States.

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United States v. Morris (23 U.S. 246)/Concurrence Johnson

Mr. Justice JOHNSON.

I entirely concur with my brethren in the opinion, that the power of the Secretary to remit extends as well to cases after as before judgment rendered. The question is one which I have had to consider repeatedly in my circuit, and which I so decided more than twelve years ago. The reasons on which I then founded, and still adhere to this opinion, were briefly these:

I consider the contrary doctrine as neither consistent with the words nor the spirit of the act of 1797. The unavoidable consequence of it would be, that the suitor for grace is shut out of every legal defence; and it would be difficult to assign a reason why justice should be refused by the hand that tenders mercy. Many defences are not only consistent with the claim for remission, but furnish in themselves the best ground for extending the benefit of the act to the party defendant. He who supposes his case not to come within the construction of a law, or that the law is repealed, expired, or unconstitutional, cannot be visited with moral offence, either in the act charged or the defence of it. Yet, how is the question of right ever to be decided, unless he is permitted to try the question before a Court of law? In such a case, pertinacious adherence to his offence cannot be imputed to him, since resisting the suit on the one hand, while he sues for remission on the other, amount to no more than this, that he denies having violated the law; but if the Court thinks otherwise, he then petitions for grace, on the ground of unaffected mistake; a point on which, of course, he must satisfy the Secretary, before he can obtain a remission.

If the question be tested by the letter of the law, it will be found, I think, to lead to the same conclusion. The words are, 'whenever any person, who shall have incurred any fine, penalty, forfeiture, or disability, or shall have been interested in any vessel, goods, wares, or merchandise, which shall have been subject to any seizure, forfeiture, or disability, by force of any present or future law of the United States, for laying or collecting any duties or taxes, or by force of any present or future act concerning the registering and recording of ships or vessels, &c. shall prefer his petition to the Judge of the District in which such fine, penalty, forfeiture, or disability, shall have accrued, truly and particularly setting forth,' &c. then, &c. the power of remission may be exercised by the Secretary, and the prosecution if any, ordered to be staid.

On perusing this act, it must be conceded, that the terms are sufficiently general to extend the powers of the Secretary, without limit, to the cases of fine, forfeiture, or disability, occurring under the several laws specified. The limitation, therefore, must be sought for either in some principle of construction, or in some principle aliunde, which is competent to impose such limitation.

But, with a view to construction, there will be found several considerations calculated to extend the power granted to cases wherein judgments have been obtained, rather than to restrain it to any pre-existing state of things. If the question be tested by the technical signification of the terms, in strictness the power would be confined to cases in which judgment had been obtained, rather than to those of a contrary description. Fines, penalties, and disabilities, are not incurred, and do not accrue, in the technical sense of the terms, until judgment. With regard to disabilities particularly, (and there is no discrimination made between the cases,) I would notice that disqualification to hold any office under the United States, which is imposed upon a smuggler for seven years. Who can question that it must be counted from the day of judgment, and not from the day of the offence or information? Or who can suppose that it could be made a plea to the authority of a public officer at any time before conviction?

But, with regard to fines and forfeitures, also, there are various provisions of the United States laws, which look positively to a trial as necessary to determining whether such fines and forfeitures have been incurred. I would notice particularly the 29th section of the Collection Law of 1799, under which, incurring the penalty for the offence there stated, is made to depend upon the master's not being able to satisfy the Court, by his own oath, or other sufficient testimony, of certain facts, which, in the given case, prevent his incurring the fine.

So, also, of the 67th section of the same law, in which a forfeiture is made to accrue upon a state of facts which positively requires the intervention of a Court of justice, and which, of consequence, cannot be said to have been incurred or accrued until judgment.

But other considerations present themselves upon this law, which lead to the same conclusion. The words are, 'shall prefer his petition to the Judge of the District in which such fine, penalty, forfeiture, or disability, shall have accrued.' That this word accrued meant something more than the term incurred, used in the previous part of the section, is obvious from this consideration, that an offence might be committed in one District, and the offender prosecuted in another; but it never was imagined, that the suit for remission could be going on in the District where the penalty was incurred, in one sense of the term, and the prosecution in another. The term accrued, therefore, has been universally held to be here used with relation to the seizure, information, or suit for the penalty; and so far from its being held to have any effect in confining the time of prosecuting this claim for remission to the interval between information and judgment, that, practically, we know, in some of the most commercial Districts, the construction adopted was, that the penalty did not accrue until conviction; and, hence, suffering a decree or judgment to pass, was considered as essential to making up the case in which the suit for remission might be preferred. And there was some reason for this practice, since the necessary meaning of the term, as distinguished from the word incurred, shows, that there could hardly ever occur a case in which the suit for remission was not preceded by the suit for the penalty. But, if the defendant was compelled to confess that he had violated the law, and so the act requires, what reason could exist why judgment should not forthwith pass against him? And if, under such circumstances, the judgment was a bar to the remission, the boon held out to them was all a fallacy; nay, more, it was a lure to ensnare him; for the law imposes no obligation on the Judge to stay proceedings; and whether he would or not, rested with him, or with the District Attorney, until the Secretary should have time to act upon the application for remission.

The replication, however, exhibits the true ground on which the real plaintiff in this suit is compelled to rest his case: Which is, that by virtue of the judgment, certain rights were vested in him, over which the remitting power of the Secretary does not extend. In making up this replication, the party ought to have felt the real difficulties of his case. It is generally true, that the rules of pleading furnish the best test of a right of action. The effect, in this case, was to introduce a new personage into the cause; and if I were disposed to get rid of the question, on a technical ground, I should find no difficulty in coming to the conclusion, that there is a departure in this plea, and he has abated his writ. How, in fact, the name of the United States comes at all to be used in this cause, is to me a mystery. The very policy of the law in this part of its revenue system is avoided by it, and would be frustrated, if the practice could be countenanced. That the name of the United States should be used against its will, and an attorney for the United States nominated by a Judge, to act where the attorney of the United States refuses to act, and that without any authority by statute, I acknowledge has excited my surprise.

The principles asserted are, that an absolute interest is vested by law in the Collector; that the United States are the trustees to their use; that the act of the trustee shall not defeat the interests of the cestui que use, and that he shall have the use of the trustee's name to vindicate his rights, that too in an action for damages.

The whole of this thing appears to me to be wrong. If the right was an absolute, substantive, individual right, why was not the suit brought in the name of the Collector? If his interest is only an equitable interest, by what known rules of pleading can he avail himself of his mere equitable interest in a suit at law? or rather, can he make his appearance as party in the suit instituted by his trustee? and that too, a suit for damages? It all results in a strong attempt to modify the operation of our laws, and to regulate the rights and powers of our officers, by some fancied analogy with the British laws of trade, and British revenue officers.

Our system is a peculiar system; and nothing is clearer to my mind, than that, in many particulars, it is constructed with a view to avoid that very analogy which is here set up, and those consequences and embarrassments which might grow out of it. In the instance before us, relief was to be provided for a case of misfortune and of innocence, and nothing could have been more absurd, than to suffer the vested rights of informers and seizing officers to embarras the government in its benevolent and just views towards the objects of this law. Mercy and justice could only have been administered by halves, if Collectors could have hurried causes to judgment, and then clung to the one half of the forfeiture, in contempt of the cries of distress, or the mandates of the Secretary. Hence, according to our system, all the suits to be instituted under the laws over which the Secretary's power extends, are commenced in the name of the United States. No other party is permitted to sue; they are all made national prosecutions; all the legal actors are those who are bound in obedience to the government that prosecutes. Nothing is more untenable than the idea, that at any one stage of the prosecution, the government assumes the character of a trustee; an idea so abhorrent to the principles of the common law, that to make the king a trustee, was to make him absolute proprietor. Nor is it until the character of prosecutor for offences against itself is put off, that the law raises a state of things, in which the relation of trustee and cestui que use actually can arise. This is when the money is paid into the hands of the Collector. To him the law directs that it shall be paid, in order that it may be distributed. What right, I would ask, would any one of the distributees here have to move the Court, that the money be paid to him, and not to the Collector? There are cases in which other persons than a Collector may be entitled in the capacity of informers, and it may then be necessary for the Court to decide on individual rights. But in no case, that I am aware of, arising under the collection law, can the Court be called upon to pay the money in any other way than to the Collector, to be by him distributed; and this distribution I consider as a mere boon from the government, which they may justly, and do practically, reserve a sovereign control over, until so paid under their laws. The gift is from them, of a thing perfected to them, and they may modify and withdraw that gift, ad libitum. When once paid away, according to legislative will, their control is at an end, and the right then, and not till then, becomes vested and absolute, as between them and their officers, whom, to the last, the law regards as absolute donees. That such is the view of the Legislature, and that in the exercise of that discretion, they still meant to be reasonable and just, and not to exercise an ex post facto power in such case, is all conclusively proved in the third section of this act, as has been very justly insisted on in argument. During two years, this power of the Secretary had remained suspended, and with regard to rights accruing during that time, the Legislature declares, that as the modification imposed upon the grant to the informer, or siezing officer, by virtue of that dispensing power, did not then exist, their proportions should not afterwards be subjected to it, but the Court may assess their proportions in a summary manner. There cannot be a more explicit declaration of legislative understanding than this clause presents, inasmuch as it makes no discrimination between the cases of judgment and other cases, but considers the right accruing to them the same before judgment as it is after.

There is one peculiarity in this case, which, in my opinion, precludes the possibility of recovery, independently of the general principle; which is, that this action is brought against the Marshal for not executing process issuing from another State. It certainly presents a dilemma from which I think it impossible for the party plaintiff to escape. The right to issue such process originates in the 6th section of the 'act more effectually to provide for the settlement of accounts between the United States and receivers of public money,' by the words of which the power is explicitly confined to the case of executions on judgments obtained for the use of the United States.

The real plaintiff here, then, is reduced to this alternative: Either the judgment was for his use or it was not. If not for his use, then he cannot be damnified by the defendant in refusing to execute it. But if for his use, it cannot be for the use of the United States, and then the execution issued wrongfully, and was rightfully disobeyed. If it be replied, that the judgment, in the first place, was obtained for the use of the United States, it only brings us back to what I before observed, that so entirely is this true, as to raise no vested right in any one on the solitary ground of an eventual contingent interest.

Judgment affirmed.


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(2) For purposes of paragraph 1(B), scientific testing equipment provided by the Max Planck Institute and necessary for aligning, calibrating, or otherwise testing an instrument or apparatus shall be considered to be part of such instrument or apparatus. (b) The University of Arizona or the Max Planck Institute shall submit to the United States Customs Service and to the International Trade Administration descriptions of the articles sought to be admitted free of duty containing sufficient detail to allow the United States Customs Service to determine whether subsection (a)(1)(A) is satisfied and the International Trade Administration to determine whether subsection (a)(l)(B) is satisfied. The descriptions may be submitted in a single or in several submissions to each agency, as the University of Arizona or the Max Planck Institute deem appropriate during the course of the project. The United States Customs Service and the International Trade Administration are directed to make their respective determinations under this section within ninety days of the date the agency receives a sufficient submission of information with respect to any article. (c) The Secretary of the Treasury is authorized and directed to readmit free of duty any article admitted free of duty under subsection (a) and subsequently returned to the Federal Republic of Germany for repair, replacement, or modification. (d) The Secretary of the Treasury is authorized and directed to admit free of duty any repair components for articles admitted free of duty under subsection (a). (e) If any article admitted free of duty under subsection (a) is used for any purpose other than the joint project described in subsection (a)(1) within five years after being entered, duty on the article shall be assessed in accordance with the procedures established in headnote 1 of part 4 of schedule 8 (19 U.S.C. 1202). (f) The provisions of subsection (a) shall apply with respect to articles entered for consumption after the day which is 15 days after the date of enactment of this Act and before November 1, 1993. SEC. 241 DUTY-FREE ENTRY FOR RESEARCH EQUIPMENT FOR NORTH DAKOTA STATE UNIVERSITY, FARGO, NORTH DAKOTA. The research equipment that was imported for the use of North Dakota State University, Fargo, North Dakota, and entered on September 15, 1983, under entry number 83-116431-9, at Seattle, Washington, shall be considered to have been admitted free of duty as of the date of such entry. If the liquidation of such entry has become final, the Secretary of the Treasury shall reliquidate such entry and make the appropriate refund of any duty paid on such equipment. SEC. 242. DUTY-FREE ENTRY FOR PIPE ORGAN FOR THE CRYSTAL CATHEDRAL GARDEN GROVE, CALIFORNIA.

The pipe organ which was imported for the use of the Crystal Cathedral of Garden Grove, California, and entered in six shipments between April 30, 1981, and April 8, 1982, at Los Angeles, California, shall be considered to have been admitted free of duty as of the date of each such entry. If the liquidation of any such entry has become final, the Secretary of the Treasury shall reliquidate each such entry and make the appropriate refund of any duty paid on such organ.

Effective date,

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SEC. 243. DUTY-FREE ENTRY FOR SCIENTIFIC EQUIPMENT FOR THE ELLIS FISCHEL STATE CANCER HOSPITAL, COLUMBIA, MISSOURI.

19 USC 1654.

Notwithstanding any provision of the Tariff Act of 1930 or any other provisions of the law to the contrary, the Secretary of the Treasury shall reliquidate, as duty free, the entries numbered 220286 (dated November 7, 1975) and 235380 (dated January 23, 1976) made at Chicago, Illinois, and covering scientific equipment for the use of the Ellis Fischel Cancer Hospital, Columbia, Missouri, in accordance with the decision of the Department of Commerce in docket numbered 76-00199-33-00530. SEC. 244. DUTY-FREE ENTRY OF ORGANS IMPORTED FOR THE USE OF TRINITY CATHEDRAL OF CLEVELAND, OHIO.

The organs made by Flentrop Orgel Bouw, the Netherlands, that were imported for the use of Trinity Cathedral of Cleveland, Ohio, and entered during 1973-1978 shall be considered to have been admitted free of duty on the dates of entry. If the liquidation of any such entry has become final, the Secretary of the Treasury, if request therefor is filed with the appropriate customs officer within 180 days after the date of the enactment of this Act, shall reliquidate the entry and make the appropriate refund of any duty paid. SEC. 245. SENSE OF CONGRESS REGARDING POSSIBLE EEC ACTION ON CORN GLUTEN.

Whereas— (1) the European Council of Ministers has directed the Commission of the European Community (EC) to initiate consultations with the United States and other interested parties under article XXVIII of the General Agreement on Tariffs and Trade (GATT) for the purpose of imposing tariff or tariff quota restrictions on imports of nongrain feed ingredients, including corn gluten feed; (2) the EC has considered proposals to impose a domestic consumption tax on vegetable fats and oils, which would undermine the intention of the duty-free binding on certain corn and soybean products imported from the United States; (3) the EC has bound in the GATT that it will impose no import duties on soybeans, soybean meal, com gluten feed, and other com by-products, and such zero-tariff bindings were agreed to in return for United States trade concessions to the EC during previous rounds of trade negotiations; (4) the EC has not demonstrated sound economic justification for restrictions on the import of nongrain feed ingredients and such restrictions would only shift the financial burden of EC Common Agricultural Policy (CAP) reform from the EC to other countries, with negligible improvement in the current EC budget situation; (5) action by the EX^ to breach a negotiated concession would severely erode the basic GATT principle of comparative advantage and set a dangerous precedent which could threaten other previously negotiated concessions and serve as a precursor to restrictions on the import of soybeans and soybean products; and (6) the official position of the United States, as stated by the Secretary of Agriculture, is that there is strong support for the EC efforts to balance the Agricultural budget, but that the

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United States will oppose any efforts to limit its exports of corn gluten feed to the EC; it is the sense of Congress that— (A) the President should continue to firmly oppose the imposition of any restriction on European Community imports of nongrain feed ingredients, including corn gluten, and should support the current duty-free binding on such products; (B) the President should continue to rigorously oppose any European Community proposals which would violate the intent of the existing duty-free binding in the General Agreement on Tariffs and Trade on soybeans and soybean products and reaffirm the United States conviction that the imposition of a consumption tax on vegetable fats and oils by the European Community would represent a restraint of trade; and (C) if unilateral action is taken by the European Community to restrict or inhibit the importation of either nongrain feed ingredients, including corn gluten feed, or vegetable fats and oils, including soybean products, the United States should act immediately to restrict European Community imports of at least the aggregate value of the reduced and potentially reduced United States export products. SEC. 246. STUDY ON HONEY IMPORTS.

(a) The Senate finds that— (1) in 1976 the International Trade Commission found that honey imports threatened serious injury to the domestic honey industry and recommended action to control honey imports, (2) the domestic honey industry is essential for production of many agricultural crops, (3) a significant part of our total diet is dependent directly or indirectly on insect pollination, and (4) it is imperative that the domestic honey bee industry be maintained at a level sufficient to provide crop pollination. (b) It is the sense of the Senate that the Secretary of Agriculture should promptly request the President to call for an International Trade Commission investigation of honey imports, under section 22 of the Agriculture Adjustment Act. SEC. 247. COPPER IMPORTS.

(a) The Congress finds that— (1) the United States International Trade Commission unanimously found that the United States copper producing industry is being seriously injured by copper imports; (2) worldwide copper prices are at record low levels; (3) foreign copper producers have increased their copper production in spite of depressed world prices in an effort to meet their external debt obligations; (4) United States copper production has been reduced by over forty percent and over half of the work force has been laid off; (5) continuation of the current depressed world price for copper threatens severe economic distress for less developed countries which are dependent on copper exports as their major source of foreign exchange; (6) the competitivness of United States copper producers could be enhanced through the investment which could be generated if worldwide copper prices returned to more historically representative levels; and

7 USC 624.

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PUBLIC LAW 98-573—OCT. 30, 1984

(7) a balanced reduction in foreign copper production which raises marginally the world price for copper would not disadvantage domestic fabricators by creating a two-tier pricing system. (b) It is the sense of Congress that the President should negotiate with the principal foreign copper-producing countries to conclude voluntary restraint agreements with those governments for the purpose of effecting a balanced reduction of total annual foreign copper production for a period of between three and five years in order to— (1) allow the price of copper on international markets to rise modestly to levels which will permit the remaining copper operations located in the United States to attract needed capital, and (2) achieve a secure domestic supply of copper. (c) It is the further sense of the Congress that the President should submit a report to Congress, within twelve months of the date of enactment of this Act, explaining— (1) the results of his negotiations; or (2) why he felt it was inappropriate or unnecessary to undertake such negotiations. SEC. 248. DISAPPROVAL OF PRESIDENTIAL DETERMINATIONS UNDER SECTION 203 OF THE TRADE ACT OF 1974.

19 USC 2251. 19 USC 2252.

(a)(1) Section 203(c)(1) of the Trade Act of 1974 (19 U.S.C. 2253(c)(1)) is amended to read as follows: "(1) If the President reports under subsection (b) that he is taking action which differs from the action recommended by the Commission under section 201(d)(1)(A), or that he will not provide import rel;ief, the action recommended by the Commission shall take effect (as provided in paragraph (2)) upon enactment of a joint resolution described in section 152(a)(1)(A) within the 90-day period beginning on the date on which the document referred to in subsection (b) is transmitted to the Congress.". (2) Section 203(c)(2) of the Trade Act of 1974 (19 U.S.C. 2253(c)(2)) is amended— (A) by striking out "adoption of such resolution" and inserting in lieu thereof "enactment of the joint resolution referred to in paragraph (1)", and (B) by striking out "section 201(b)" and inserting in lieu thereof "section 201(d)". Ob) Section 152(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2192(a)(1)(A)) is amended by striking out "concurrent resolution" and inserting in lieu thereof "joint resolution". (c) Section 330(d)(4) of the Tariff Act of 1930 (19 U.S.C. 1330(d)(4)) is amended by striking out "the concurrent resolution described in such section 152" and inserting in lieu thereof "the joint resolution described in such section 152(a)(1)(A)". SEC. 249. SECTION 201 CRITERIA.

Section 201(b) of the Trade Act of 1974 (19 U.S.C. 2251(b)) is amended— (1) by amending paragraph (2)— (A) by inserting "(whether maintained by domestic producers, importers, wholesalers, or retailers)" after "inventory" in subparagraph (B), (B) by striking out "and" at the end of subparagraph (B),

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(C) by striking out the period at the end of subparagraph (C) and inserting in Heu thereof "; and", and (D) by adding at the end thereof the following: "(D) the presence or absence of any factor which the Commission is required to evaluate in subparagraphs (A) and (B) shall not necessarily be dispositive of whether an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury or threat of serious injury to the domestic industry."; and (2) by adding at the end thereof the following new paragraph: "(7) For purposes of this section, the term 'significant idling of productive facilities' includes the closing of plants or the underutilization of production capacity.". SEC. 250. HOGS AND PORK PRODUCTS FROM CANADA. The pork industry contributes $9,000,000,000 annually to the United States economy; Over four hundred and fifty thousand United States farmers produce pork for domestic and foreign markets; United States imports of live hogs from Canada averaged one hundred thousand animals each year between 1970 and 1974, yet since 1981, such imports have increased yearly from one hundred and forty-six thousand head to an estimated more than one million head in 1984; The adverse economic effect of the recent surge in imports of Canadian hogs and pork products on United States pork producers has been estimated to be in excess of $500,000,000 in 1982 and 1983, and approximately $300,000,000 during the first five months of 1984; The Canadian Government provides price support for hogs at a level equal to 90 per centum of the previous five-year average market price, indexed for changes in cash costs of production of hogs, which represented a payment of $6.54 per head to Canadian pork producers last year, and all but one provincial government of Canada also provide direct production assistance to support Canadian pork producers; and It is essential that the administration act immediately to address the threat to the United States pork production industry caused by the dramatic increase in imports of hogs and pork products from Canada. It is the sense of the Senate that the President should direct appropriate members of the administration, including the United States Trade Representative, the Secretary of Agriculture, and the Secretary of Commerce, to aggressively pursue discussions with the Canadian Government directed toward resolving this situation and use all available authorities in an effort to protect the economic viability of the United States pork industry and to promote free and fair trade. SEC. 251. COPYRIGHT PROTECTION OF COMPUTER SOFTWARE.

Since the development of computer software and other information technologies is increasingly important to economic growth and productivity in the United States and other nations; Since the United States is the world leader in the technological development of computer software and in the production and sale of computer software; Since the United States has since 1964 considered computer software a work of authorship protected by copyright and this form

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of intellectual property right protection has served to encourage continuing research, development, and innovation of computer software; Since copyright protection is afforded computer software by most industrialized nations including Japan, the Netherlands, France, the Federal Republic of Germany, the United Kingdom, South Africa, Hungary, Taiwan, and Australia; Since Japan is reviewing a proposal to abandon copyright protection of software and to adopt a system that rejects the principle that software is a work of authorship; Since Japan is reviewing a proposal that also provides broadly for the compulsory licensing of software; and Since the enactment by Japan of such a proposal could prompt the adoption of similar proposals by other nations currently considering this question, with serious adverse effects on the existing international order for the protection of intellectual property rights: Now, therefore, be it Declared that it is the sense of the Congress that— (1) copyright protection is an essential form of intellectual property right protection for computer software; (2) any proposal to abandon copyright protection of software or to provide a new system of legal protection that incorporates compulsory licensing of software would (A) disserve the goal of promoting continuing development and innovation in computer software; (B) undermine the international consensus that computer software is a work of authorship protected by copyright; (C) result in economic harm to the computer software industry of the United States, and also of Japan and of other nations; and (D) contribute to increasing trade tensions among the nations of the world; and (3) if a nation withdraws copyright protection of software or provides for broad compulsory licensing of software, it would be in the interests of the United States and other nations to seek appropriate relief, including that provided under the Universal Copyright Convention, to ensure the just protection of intellectual property rights and the promotion of free and fair trade.

International Investment Act.

19 USC 2101 note.

19 USC 2101. 19 USC 2102

TITLE III—INTERNATIONAL TRADE AND INVESTMENT

SEC. 301. SHORT TITLE; AMENDMENT OF TRADE ACT OF 1974. (a) This title may be cited as the "International Trade and Investment Act". (b) Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Trade Act of 1974. SEC. 302. STATEMENT OF PURPOSES. The purposes of this title are— (1) to foster the economic growth of, and full employment in, the United States by expanding competitive United States exports through the achievement of commercial opportunities in foreign markets substantially equivalent to those accorded by the United States;

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(2) to improve the ability of the President— (A) to identify and to analyze barriers to (and restrictions on) United States trade and investment, and (B) to achieve the elimination of such barriers and restrictions; (3) to encourage the expansion of— (A) international trade in services through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate barriers to international trade in services, and (B) United States service industries in foreign commerce; and (4) to enhance the free flow of foreign direct investment through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate the trade distortive effects of certain investment-related measures. SEC. 303. ANALYSIS OF FOREIGN TRADE BARRIERS.

(a) Title I (19 U.S.C. 2111 et seq.) is amended by adding at the end thereof the following new chapter:

"CHAPTER 8—BARRIERS TO MARKET ACCESS "SEC. 181. ACTIONS CONCERNING BARRIERS TO MARKET ACCESS. "(a) NATIONAL TRADE ESTIMATES.—

"(1) IN GENERAL.—Not later than the date on which the initial report is required under subsection (b)(1), the United States Trade Representative, through the interagency trade organization established pursuant to section 242(a) of the Trade Expansion Act of 1962 shall— "(A) identify and analyze acts, policies, or practices which constitute significant barriers to, or distortions of— "(i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copjn-ights exported or licensed by United States persons), and "(ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services; and "(B) make an estimate of the trade-distorting impact on United States commerce of any act, policy, or practice identified under subparagraph (A).

19 USC 2241.

19 USC 1872.

"(2) CERTAIN FACTORS TAKEN INTO ACCOUNT IN MAKING ANALY-

SIS AND ESTIMATE.—In making any analysis or estimate under paragraph (1), the Trade Representative shall take into account— "(A) the relative impact of the act, policy, or practice on United States commerce; "(B) the availability of information to document prices, market shares, and other matters necessary to demonstrate the effects of the act, policy, or practice; "(C) th3 extent to which such act, policy, or practice is subject to international agreements to which the United States is a party; and "(D) any advice given through appropriate committees established pursuant to section 135.

19 USC 2155.

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