100 STAT. 2920 PUBLIC LAW 99-514-OCT. 22, 1986 (B) Headnote 2(ii) to part 7 of schedule 8 is amended by striking out "688.43" and inserting in lieu thereof “688.42". (C) Subpart B of part 2 of schedule 6 is amended by inserting before the superior heading to items 608.26 and 608.29, and at the same indention level as that heading, the following new item: (2) CORRECTIONS TO THE APPENDIX.-Subpart B of part 1 to the Appendix is amended as follows: (A) The article description for item 906.38 is amended to read as follows: "N-Acetylsulfanilyl chloride (provided for in item 405.31, part 1B, schedule 4)". (B) Item 907.38 is amended by striking out "411.87” and inserting in lieu thereof "411.82". (C) Item 912.13 is amended by striking out "670.20” and inserting in lieu thereof "670.21". (D) Item 907.63 is amended by striking out "(provided for in item 437.13" and inserting in lieu thereof "put up in measured doses in chewing gum form (provided for in item 438.02". (3) MISCELLANEOUS CORRECTIONS.-The Schedules are further amended as follows: (A) Headnote 1 of subpart D of part 4 of schedule 1 is amended by striking out "(casein plus albumin)" and inserting in lieu thereof "(casein plus lactalbumin)”. (B) Headnote 1 of subpart C of part 4 of schedule 3 is amended (i) by inserting "or" after the semicolon at the end of clause (v); and (ii) by striking out "; or" at the end of clause (vi) and inserting in lieu thereof a period. (b) EFFECTIVE DATE.— (1) The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date that is 15 days after the date of enactment of this Act. (2) Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the customs officer concerned on or before the date that is 90 days after the date of enactment of this Act, the entry of any article (A) which was made on or after November 14, 1984, and before the date that is 15 days after the date of enactment of this Act; and (B) with respect to which there would have been no duty, or a lesser duty, by reason of any amendment made by subsection (a) if such entry were made on or after the date that is 15 days after the date of enactment of this Act, PUBLIC LAW 99-514-OCT. 22, 1986 100 STAT. 2921 shall be liquidated or reliquidated as though such entry had been made on the date that is 15 days after the date of enactment of this Act. (3) The rate of duty in column number 1 for item 608.25 of the Tariff Schedules of the United States shall be subject to all staged rate reductions for item 608.38 of such Schedules that— (A) take effect after the date of enactment of this Act, and (B) were proclaimed by the President before the date of enactment of this Act. SEC. 1886. TECHNICAL CORRECTIONS TO COUNTERVAILING AND ANTI- (a) IN GENERAL.-Title VII of the Tariff Act of 1930 is amended as follows: (1)(A) Subsection (c) of section 701 (19 U.S.C. 1671(c)) is redesignated as subsection (d). (B) Subsection (g) of such section 701 (as added by section 613(b) of the Trade and Tariff Act of 1984) is— (i) amended by striking out “(g) Whenever" and inserting in lieu thereof "(c) UPSTREAM SUBSIDY.-Whenever"; and (ii) inserted immediately after subsection (b) of that section. (2) Sections 702(b)(1), 732(b)(1), and 733(b)(2) (19 U.S.C. 1671a(b)(1); 1673a(b)(1); 1673b(b)(2)) are each amended by striking out “(C), (D), or (E)” each place it appears and inserting in lieu thereof "(C), (D), (E), or (F)". (3) Subsection (h) of section 703 (19 U.S.C. 1671b(h)) is redesignated as subsection (g), and— (A) paragraph (2)(A) of that subsection (as so redesignated) is amended by striking out "days under section 705(a)(1) or 225 days under section 705(a)(2), as appropriate” and inserting in lieu thereof “or 225 days, as appropriate, under section 705(a)(1)"; and (B) paragraph (2)(B)(ii) of that subsection (as so redesignated) is amended by striking out “days under section 705(a)(2)" and inserting in lieu thereof "or 225 days, as appropriate, under section 705(a)(1)”. (4) Section 704 is amended (A) by amending subsection (d)— (i) by redesignating paragraph (2) as paragraph (3); and (ii) by inserting after paragraph (1) the following new paragraph: "(2) EXPORTS OF MERCHANDISE TO UNITED STATES NOT TO INCREASE DURING INTERIM PERIOD.—The administering authority may not accept any agreement under subsection (b) unless that agreement provides a means of ensuring that the quantity of the merchandise covered by that agreement exported to the United States during the period provided for elimination or offset of the subsidy or cessation of exports does not exceed the quantity of such merchandise exported to the United States during the most recent representative period determined by the administering authority."; and (B) by amending subsection (i)(1)(D) by striking out “international" and inserting in lieu thereof "intentional”. 100 STAT. 2922 PUBLIC LAW 99-514-OCT. 22, 1986 (5) Paragraph (2) of section 706(a) is amended by aligning the margin of the matter appearing after subparagraph (B) with the margin of the matter appearing before subparagraph (A). (6XA) Section 708 is amended by striking out "SEC. 708." and inserting in lieu thereof the following flush section heading: "SEC. 708. EFFECT OF DEROGATION OF EXPORT-IMPORT BANK FINANCING.". (B) The table of contents for such title VII is amended by inserting in numerical sequence the following: "Sec. 708. Effect of derogation of Export-Import Bank financing.” (7) Paragraph (1) of section 736(c) (19 U.S.C. 1673e(c)(1)) is amended by inserting ", and was sold to any person that is not related to such manufacturer, producer, or exporter," immediately before "on or after the date of publication of-" (8) The last sentence of section 751(b)(1) (19 U.S.C. 1675(b)(1)) is amended by inserting "or countervailing duty” after “antidumping" each place it appears. (9) Clause (i) of section 771(7)(F) (19 U.S.C. 1677(7)(F)(i)) is amended- (A) by striking "any merchandise" in that part which precedes subclause (I) and inserting in lieu thereof "the merchandise"; and (B) by striking out “find orders” in subclause (VIII) and inserting in lieu thereof "final orders". (10) Subsection (a) of section 771A (19 U.S.C. 1677-1(a)) is amended by striking out “(ii), or (iii)” and inserting in lieu thereof "(ii), (iii), or (iv)”. (11) Subsection (g) of section 773 (19 U.S.C. 1677b(g)) is redesignated as subsection (f). (12) Section 775 (19 U.S.C. 1677d) is amended by striking out "an proceeding" each place it appears in the text and in the heading and inserting in lieu thereof "a proceeding". (13) Section 777 (19 U.S.C. 1677f) is amended (A) by striking out "confidential", "nonconfidential”, and "confidentiality" each place they appear in the text and in the side headings and inserting in lieu thereof "proprietary", "non-proprietary”, and “proprietary status", respectively; and (B) by inserting "or the Commission" after "administering authority" in subsection (b)(1)(B)(i). (b) AMENDMENTS TO EFFECTIVE DATE PROVISIONS.-Section 626(b) of the Trade and Tariff Act of 1984 (relating to the effective dates of the amendments made therein to title VII of the Tariff Act of 1930) is amended (1) by amending paragraph (1) by inserting", and to reviews begun under section 751 of that Act,” after “1930”; and (2) by adding at the end thereof the following new paragraphs: "(3) The administering authority may delay implementation of any of the amendments referred to in subsections (a) and (b)(1) with respect to any investigation in progress on the date of enactment of this Act if the administering authority determines that immediate implementation would prevent compliance with a statutory deadline in title VII of the Tariff Act of 1930 that is applicable to that investigation. PUBLIC LAW 99-514–OCT. 22, 1986 100 STAT. 2923 "(4) The amendment made by section 621 shall apply with respect to merchandise that is unliquidated on or after November 4, 1984.". SEC. 1887. AMENDMENTS TO THE TRADE ACT OF 1974. (a) IN GENERAL.-The Trade Act of 1974 is amended as follows: (1) Subclause (II) of section 102(b)(4)(B)(ii) of the Trade Act of 1974 (19 U.S.C. 2112(b)(4)(B)(ii)(II)) is amended by striking out "subsection (A)(ii)(I)” and inserting in lieu thereof "subparagraph (A)(ii)(I)". (2) Subsection (n) of section 135 (as added by section 306(c)(2)(B)(v) of the Trade and Tariff Act of 1984) is redesignated as subsection (m). (3) Section 141(d)(6) is amended by striking out “3679(b) of the Revised Statutes (31 U.S.C. 665(b))" and inserting in lieu thereof "1342 of title 31, United States Code". (4) Subsection (d) of section 141 (19 U.S.C. 2171(d)) is amended (A) by striking out "and" at the end of paragraph (9), (B) by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; and”, and (C) by redesignating the paragraph added by section 304(d)(2)(A)(iii) of the Trade and Tariff Act of 1984 as paragraph (11). (5) Subparagraphs (A), (B), and (C) of section 502(b)(4) (19 U.S.C. 2462(b)(4)) are amended to read as follows: “(A) has nationalized, expropriated, or otherwise seized ownership or control of property, including patents, trademarks, or copyrights, owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, "(B) has taken steps to repudiate or nullify an existing contract or agreement with a United States citizen or a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property, including patents, trademarks, or copyrights, so owned, or "(C) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property, including patents, trademarks, or copyrights, so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property,". (6) That part of section 504(c)(3)(D)(ii) (19 U.S.C. 2464(c)(3)(D)(ii)) that precedes subclause (I) is amended— (A) by striking out "from any beneficiary developing country"; (B) by striking out "1984 which exceeds 15" and inserting in lieu thereof "1986 the aggregate value of which exceeds 15"; and (C) by striking out "if for the preceding calendar year such beneficiary developing country-" and inserting in lieu thereof "from those beneficiary developing countries which for the preceding calendar year—”. (b) TRANSISTORS.— 100 STAT. 2924 PUBLIC LAW 99-514-OCT. 22, 1986 (1) Section 128(b) of the Trade Act of 1974 (19 U.S.C. 2138) is amended by striking out “587.70” in paragraph (1) and inserting in lieu thereof "687.70". (2)(A) Item 687.70 of the Tariff Schedules of the United States is amended by striking out “4.2% ad val." and inserting in lieu thereof "Free". (B) The amendment made by subparagraph (A) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date that is 15 days after the date of enactment of this Act. (C) Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the customs officer concerned on or before the date that is 90 days after the date of enactment of this Act, the entry of any article described in item 687.70 of the Tariff Schedules of the United States which was made on or after March 1, 1985, and before the date that is 15 days after the date of enactment of this Act shall be liquidated or reliquidated as though such entry had been made on the date that is 15 days after the date of enactment of this Act. SEC. 1888. AMENDMENTS TO THE TARIFF ACT OF 1930. The Tariff Act of 1930 is amended as follows: (1) Subsection (c) of section 304 (19 U.S.C. 1304(c)) is amended (A) by striking out "No" and inserting in lieu thereof the following: "(1) Except as provided in paragraph (2), no”; and (B) by adding at the end thereof the following new paragraph: "(2) If, because of the nature of an article, it is technically or commercially infeasible to mark it by one of the four methods specified in paragraph (1), the article may be marked by an equally permanent method of marking such as paint stenciling or, in the case of small diameter pipe, tube, and fittings, by tagging the containers or bundles.". (2) Subsection (j) of section 313 (19 U.S.C. 1313(j)) is amended(A) by redesignating the paragraphs (3) and (4) inserted by section 202(1)(B) of the Trade and Tariff Act of 1984 as paragraphs (2) and (3), respectively; and (B) by amending the paragraph_redesignated as paragraph (4) by section 202(1)(A) of the Trade and Tariff Act of 1984 to read as follows: "(4) The performing of incidental operations (including, but not limited to, testing, cleaning, repacking, and inspecting) on— "(A) the imported merchandise itself in cases to which paragraph (1) applies, or "(B) the merchandise of the same kind and quality in cases to which paragraph (2) applies, that does not amount to manufacture or production for drawback purposes under the preceding provisions of this section shall not be treated as a use of that merchandise for purposes of applying paragraph (1)(B) or (2)C).”. (3) Section 339(c)(2)(A) (19 U.S.C. 1339) is amended by striking out "relief" and inserting in lieu thereof "injury". (4) Section 514(a) (19 U.S.C. 1514(a)) is amended by striking out "as defined in section 771(9) (C), (D), (E), and (F) of this Act". |