79 STAT. 1021 Definitions. 7A Stat. 3. .9 USC 1202. (1) For purposes of this section (1) The term "automotive product" means a motor vehicle or a fabricated component to be used as original equipment in the manufacture of motor vehicles. (2) The term "dislocation" means (A) in the case of a firm, injury to the firm, which may be evidenced by such conditions as idling of productive facilities, inability to operate at a level of reasonable profit, or unemployment or underemployment, and which is of a serious nature; and (B) in the case of a group of workers, unemployment or underemployment of a significant number or proportion of the workers of a firm or an appropriate subdivision thereof. (3) The term "firm" includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustees in bankruptcy, and receivers under decree of any court. A firm, together with any predecessor, successor, or affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits. (4) The term "operation of the Agreement" includes governmental or private actions in the United States or Canada directly related to the conclusion or implementation of the Agreement. ADJUSTMENT ASSISTANCE RELATED TO OTHER AGREEMENTS SEC. 303. At the time the President transmits to the Congress a copy of any agreement pursuant to section 202 (d) (1), he shall recommend to the Congress such legislative provisions concerning adjustment assistance to firms and workers as he determines to be appropriate in light of the anticipated economic impact of the reduction or elimination of duties provided for by such agreement. AUTHORIZATION OF APPROPRIATIONS SEC. 304. There are hereby authorized to be appropriated such sums as may be necessary from time to time to carry out the provisions of this title, which sums are authorized to be appropriated to remain available until expended. TITLE IV-MODIFICATIONS OF TARIFF SCHEDULES OF ENTRY INTO FORCE AND STATUS OF MODIFICATIONS SEC. 401. (a) The modifications of the Tariff Schedules of the United States provided for in this title shall not enter into force except as proclaimed by the President pursuant to section 201 (a) of this Act. (b) The rates of duty in column numbered 1 of the Tariff Schedules of the United States which are modified pursuant to section 201 (a) of this Act shall be treated— (1) as not having the status of statutory provisions enacted by the Congress, but (2) as having been proclaimed by the President as being required to carry out a foreign trade agreement to which the United States is a party. 79 STAT. 1022 REFERENCES TO TARIFF SCHEDULES SEC. 402. Whenever in this title a modification is expressed in terms of a modification of an item or other provision, the reference shall be considered to be made to an item or other provision of the Tariff Schedules of the United States (19 U.S.C., sec. 1202). Each page reference "(p. )" in this title refers to the page on which the item or provision referred to appears both in part II of the Federal Register for August 17, 1963, and in volume 77A of the United States Statutes at Large. DEFINITION OF CANADIAN ARTICLE SEC. 403. In general headnote 3 (pp. 11 and 12) redesignate paragraphs (d), (e), and (f) as paragraphs (e), (f), and (g), respectively, and insert a new paragraph (d) as follows: "(d) Products of Canada. "(i) Products of Canada imported into the customs territory of the United States, whether imported directly or indirectly, are subject to the rates of duty set forth in column numbered 1 of the schedules. The rates of duty for a Canadian article, as defined in subdivision (d) (ii) of this headnote, apply only as shown in the said column numbered 1. "(ii) The term 'Canadian article', as used in the schedules, means an article which is the product of Canada, but does not include any article produced with the use of materials imported into Canada which are products of any foreign country (except materials produced within the customs territory of the United States), if the aggregate value of such imported materials when landed at the Canadian port of entry (that is, the actual purchase price, or, if not purchased, the export value, of such materials, plus, if not included therein, the cost of transporting such materials to Canada but exclusive of any landing cost and Canadian duty) was "(A) with regard to any motor vehicle or automobile truck tractor entered on or before December 31, 1967, more than 60 percent of the appraised value of the article imported into the customs territory of the United States; and "(B) with regard to any other article (including any motor vehicle or automobile truck tractor entered after December 31, 1967), more than 50 percent of the appraised value of the article imported into the customs territory of the United States." DEFINITION OF ORIGINAL MOTOR-VEHICLE EQUIPMENT SEC. 404. In the headnotes for subpart B, part 6, schedule 6 add after headnote 1 (p. 325) the following new headnote: "2. Motor Vehicles and Original Equipment Therefor of Canadian Origin. (a) The term 'original motor-vehicle equipment', as used in the schedules with reference to a Canadian article (as defined by general headnote 3(d)), means such a Canadian article which has been obtained from a supplier in Canada under or pursuant to a written order, contract, or letter of intent of a bona fide motor-vehicle manufacturer in the United States, and which is a fabricated component intended for use as original equipment in the manufacture in the United States of a motor vehicle, but the term does not include trailers or articles to be used in their manufacture. 79 STAT. 1023 "Motor vehicle." 77A Stat. 325. 19 USC 1202. vehicle manu facturer." "(b) The term 'motor vehicle', as used in this headnote, means a motor vehicle of a kind described in item 692.05 or 692.10 of this subpart (excluding an electric trolley bus and a three-wheeled vehicle) or an automobile truck tractor. "Bona fide motor- "(c) The term 'bona fide motor-vehicle manufacturer', as used in this headnote, means a person who, upon application to the Secretary of Commerce, is determined by the Secretary to have produced no fewer than 15 complete motor vehicles in the United States during the previous 12 months, and to have installed capacity in the United States to produce 10 or more complete motor vehicles per 40-hour week. The Secretary of Commerce shall maintain, and publish from time to Federal Register. time in the Federal Register, a list of the names and addresses of bona fide motor-vehicle manufacturers. Publication in "(d) If any Canadian article accorded the status of original motorvehicle equipment is not so used in the manufacture in the United States of motor vehicles, such Canadian article or its value (to be recovered from the importer or other person who diverted the article from its intended use as original motor-vehicle equipment) shall be subject to forfeiture, unless at the time of the diversion of the Canadian article the United States Customs Service is notified in writing, and, pursuant to arrangements made with the Service "(i) the Canadian article is, under customs supervision, destroyed or exported, or "(ii) duty is paid to the United States Government in an amount equal to the duty which would have been payable at the time of entry if the Canadian article had not been entered as original motor-vehicle equipment." IDENTIFICATION OF AUTOMOTIVE PRODUCTS SEC. 405. (a) Redesignate item 692.25 (p. 326) as 692.27; in headnote 1(b) of subpart B, part 6, schedule 6 (p. 325) substitute "item 692.27" in lieu of "item 692.25"; and insert in proper numerical sequence new items as follows: (b) Insert in proper numerical sequence new items as follows: 361.90 Any article described in the foregoing items 360.20 to 260.70, inclusive, 360.80, 361.80, or 361.85, if Canadian 516.98 Any article described in the foregoing items 516.71 to 646.79 Any article described in the foregoing item 646.20 and 652.39 Any article described in the foregoing items 652.12 to 658.10 Any article described in the foregoing items 657.09 to 658.00, inclusive, if Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6)... 682.65 Any article described in the foregoing items 682.10 to 682.60, inclusive (except 682.50), if Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6).. 685.55 Any article described in the foregoing items 685.20 to 685.50, inclusive, if Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6)......... 721.20 Any article in the foregoing items covering clocks, clock movements, clock cases and dials and parts thereof, plates (720.67), assemblies and subassemblies for clock movements, and other parts for clock movements, if Canadian article and original motorvehicle equipment (see headnote 2, part 6B, schedule 6).... Free 79 STAT, 1024 Free " (c) Insert in proper numerical sequence new items 355.27, 389.80, 728.30, 745.80, and 774.70, each having an article description and rate as follows: Any article described in the foregoing provisions of Froe 79 STAT. 1025 77A Stat. 278. Ante, p. 940, 941, 943. (d) Redesignate item 613.16 as 613.18, item 652.85 as 652.84, item 652.87 as 652.88, item 680.34 as 680.33, item 680.58 as 680.60, item 680.59 as 680.70, item 680.60 as 680.90, and item 711.91 as 711.93; and insert in proper numerical sequence new items as follows: each such item having the article description "If Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6) ." subordinate to the immediately preceding article description, and having "Free" in rate of duty column numbered 1. ... TITLE V-GENERAL PROVISIONS AUTHORITIES SEC. 501. The head of any agency performing functions authorized by this Act may (1) authorize the head of any other agency to perform any of such functions; and (2) prescribe such rules and regulations as may be necessary to perform such functions. ANNUAL REPORT SEC. 502. The President shall submit to the Congress an annual report on the implementation of this Act. Such report shall include information regarding new negotiations, reductions or eliminations of duties, reciprocal concessions obtained, and other information relating to activities under this Act. Such report shall also include information providing an evaluation of the Agreement and this Act in relation to the total national interest, and specifically shall include, to the extent practicable, information with respect to (1) the production of motor vehicles and motor vehicle parts in the United States and Canada, |