PUBLIC LAW 98-67–AUG. 5, 1983 light of market conditions. The President, upon the recommendation of the Secretary of Agriculture, may suspend the dutyfree treatment for all or part of the quantity of sugar, sirups, and molasses permitted to be entered by paragraphs (1)(B) and (2) if such action is necessary to protect the price-support program for sugar beets and sugar cane. (4) Any quantitative limitation imposed on a beneficiary country under paragraphs (1)(B) and (2) shall apply only to the extent that such limitation permits a lesser quantity of sugar, sirups, and molasses to be entered from that country than the quantity that would be permitted to be entered under any other provision of law. 97 STAT. 391 (ex1) The President may by proclamation suspend the duty-free Suspension. treatment provided by this title with respect to any eligible article and may proclaim a duty rate for such article if such action is proclaimed pursuant to_section 203 of the Trade Act of 1974 or section 232 of the Trade Expansion Act of 1962. 19 USC 2253. 19 USC 1862. (2) In any report by the International Trade Commission to the President under section 201(d)(1) of the Trade Act of 1974 regarding 19 USC 2251. any article for which duty-free treatment has been proclaimed by the President pursuant to this title, the Commission shall state whether and to what extent its findings and recommendations apply to such article when imported from beneficiary countries. (3) For purposes of subsections (a) and (c) of section 203 of the Trade Act of 1974, the suspension of the duty-free treatment pro- 19 USC 2253. vided by this title shall be treated as an increase in duty. (4) No proclamation which provides solely for a suspension referred to in paragraph (3) of this subsection with respect to any article shall be made under subsections (a) and (c) of section 203 of the Trade Act of 1974 unless the United States International Trade Commission, in addition to making an affirmative determination with respect to such article under section 201(b) of the Trade Act of 1974, determines in the course of its investigation under section 201(b) of such Act that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly competitive article results from the duty-free treatment provided by this title. (5)(A) Any proclamation issued pursuant to section 203 of the Trade Act of 1974 that is in effect when duty-free treatment pursuant to section 101 of this title is proclaimed shall remain in effect until modified or terminated. 19 USC 2251. 19 USC 2253. (B) If any article is subject to import relief at the time duty-free treatment is proclaimed pursuant to section 211, the President may Ante, p. 384. reduce or terminate the application of such import relief to the importation of such article from beneficiary countries prior to the otherwise scheduled date on which such reduction or termination would occur pursuant to the criteria and procedures of subsections (h) and (i) of section 203 of the Trade Act of 1974. (f)(1) If a petition is filed with the International Trade Commission pursuant to the provisions of section 201 of the Trade Act of 1974 regarding a perishable product and alleging injury from imports from beneficiary countries, then the petition may also be filed with the Secretary of Agriculture with a request that emergency relief be granted pursuant to paragraph (3) of this subsection with respect to such article. (2) Within fourteen days after the filing of a petition under paragraph (1) of this subsection— 19 USC 2253. Emergency relief, petition filing. 19 USC 225! 97 STAT. 392 Recommendation to the President. Notice. Proclamation. 19 USC 2252. 19 USC 2253. "Perishable product." 19 USC 1202. 19 USC 1202. PUBLIC LAW 98-67–AUG. 5, 1983 (A) if the Secretary of Agriculture has reason to believe that a perishable product from a beneficiary country is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing a perishable product like or directly competitive with the imported product and that emergency action is warranted, he shall advise the President and recommend that the President take emergency action; or (B) the Secretary of Agriculture shall publish a notice of his determination not to recommend the imposition of emergency action and so advise the petitioner. (3) Within seven days after the President receives a recommendation from the Secretary of Agriculture to take emergency action pursuant to paragraph (2) of this subsection, he shall issue a proclamation withdrawing the duty-free treatment provided by this title or publish a notice of his determination not to take emergency action. (4) The emergency action provided by paragraph (3) of this subsection shall cease to apply (A) upon the proclamation of import relief pursuant to section 202(a)(1) of the Trade Act of 1974, (B) on the day the President makes a determination pursuant to section 203(b)(2) of such Act not to impose import relief, (C) in the event of a report of the United States International Trade Commission containing a negative finding, on the day the Commission's report is submitted to the President, or (D) whenever the President determines that because of changed circumstances such relief is no longer warranted. (5) For purposes of this subsection, the term "perishable product" means (A) live plants provided for in subpart A of part 6 of schedule 1 of the TSUS; (B) fresh or chilled vegetables provided for in items 135.10 through 138.42 of the TSUS; (C) fresh mushrooms provided for in item 144.10 of the TSUS; (D) fresh fruit provided for in items 146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03 through 147.33, 147.50 through 149.21 and 149.50 of the TSUS; (E) fresh cut flowers provided for in items 192.17, 192.18, and 192.21 of the TSUS; and (F) concentrated citrus fruit juice provided for in items 165.25 and 165.35 of the TSUS. (g) No proclamation issued pursuant to this title shall affect fees imposed pursuant to section 22 of the Agricultural Adjustment Act (7 U.S.C. 624). SEC. 214. MEASURES FOR PUERTO RICO AND UNITED STATES INSULAR (a) Effective with respect to articles entered on or after the effective date of this Act, general headnote 3(a) of the TSUS is amended (1) by amending clause (i)— (A) by striking out "50 percent" and inserting in lieu thereof "70 percent", and (B) by inserting after "total value", "(or more than 50 percent of their total value with respect to articles de PUBLIC LAW 98-67–AUG. 5, 1983 scribed in section 213(b) of the Caribbean Basin Economic (2) by amending clause (ii) by striking out "50 percent" and inserting in lieu thereof “70 percent". 97 STAT. 393 Ante, p. 387. (b) Item 813.31 of the TSUS is amended by striking out "4 liters" 19 USC 1202. and inserting in lieu thereof "5 liters", and by inserting after "United States,", "and not more than 4 liters of which shall have been produced elsewhere than in such insular possessions,". (c) If the sum of the amounts of taxes covered into the treasuries 19 USC 2703 of Puerto Rico or the United States Virgin Islands pursuant to note. section 7652(c) of the Internal Revenue Code of 1954 is reduced Post, p. 395. below the amount that would have been covered over if the imported rum had been produced in Puerto Rico or the United States Virgin Islands, then the President shall consider compensation measures and, in this regard, may withdraw the duty-free. treatment on rum provided by this title. The President shall submit a report to the Congress on the measures he takes. (d) Section 1112 of the Trade Agreements Act of 1979 (19 U.S.C. 2582) is repealed. (e) No action pursuant to this title may affect any tariff duty imposed by the Legislature of Puerto Rico pursuant to section 319 of the Tariff Act of 1930 (19 U.S.C. 1319) on coffee imported into Puerto Rico. Report to Coffee tariff. note. (f) For purposes of chapter 1 of title II of the Trade Act of 1974, the "Industry." term "industry" shall include producers located in the United States insular possessions. 19 USC 2251 note. note. (g) Any discharge from a point source in the United States Virgin 33 USC 1311 Islands in existence on the date of the enactment of this subsection which discharge is attributable to the manufacture of rum (as defined in paragraphs (3) of section 7652(c) of the Internal Revenue Code of 1954) shall not be subject to the requirements of section 301 Post, p. 395. (other than toxic pollutant discharges), section 306 or section 403 of the Federal Water Pollution Control Act if 33 USC 1311, (1) such discharge occurs at least one thousand five hundred 1316, 1343. feet into the territorial sea from the line of ordinary low water from that portion of the coast which is in direct contact with the sea, and (2) the Governor of the United States Virgin Islands determines that such discharge will not interfere with the attainment or maintenance of that water quality which shall assure protection of public water supplies, and the protection and propagation of a balanced population of shellfish, fish, and wildlife, and allow recreational activities, in and on the water and will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity (including carcinogenicity, mutagenicity, or teratogenicity), or synergistic propensities. SEC. 215. INTERNATIONAL TRADE COMMISSION REPORTS ON IMPACT OF (a) The United States International Trade Commission (hereinafter in this section referred to as the "Commission") shall prepare, and submit to the Congress and to the President, a report regarding the economic impact of this Act on United States industries and consumers during 19 USC 2704. Submittal to President. 97 STAT. 394 Infra. Assessment. Submittal period. Public comment. Report to 19 USC 2705. PUBLIC LAW 98-67–AUG. 5, 1983 (1) the twenty-four-month period beginning with the date of enactment of this Act; and (2) each calendar year occurring thereafter until duty-free treatment under this title is terminated under section 216(b). For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular possessions of the United States shall be considered to be United States industries. (b)(1) Each report required under subsection (a) shall include, but not be limited to, an assessment by the Commission regarding (A) the actual effect, during the period covered by the report, of this Act on the United States economy generally as well as on those specific domestic industries which produce articles that are like, or directly competitive with, articles being imported into the United States from beneficiary countries; and (B) the probable future effect which this Act will have on the United States economy generally, as well as on such domestic industries, before the provisions of this Act terminate. (2) In preparing the assessments required under paragraph (1), the Commission shall, to the extent practicable (A) analyze the production, trade and consumption of United States products affected by this Act, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production; and (B) describe the nature and extent of any significant change in employment, profit levels, and use of productive facilities, and such other conditions as it deems relevant in the domestic industries concerned, which it believes are attributable to this Act. (c)(1) Each report required under subsection (a) shall be submitted to the Congress and to the President before the close of the ninemonth period beginning on the day after the last day of the period covered by the report. (2) The Commission shall provide opportunity for the submission by the public, either orally or in writing, or both, of information relating to matters that will be addressed in the reports. SEC. 216. IMPACT STUDY BY SECRETARY OF LABOR. The Secretary of Labor, in consulation with other appropriate Federal agencies, shall undertake a continuing review and analysis of the impact which the implementation of the provisions of this title have with respect to United States labor; and shall make an annual written report to Congress on the results of such review and analysis. SEC. 217. FEASIBILITY STUDY REGARDING A CARIBBEAN TRADE (a) The Secretary of State shall prepare a study regarding the feasibility of establishing a Caribbean Trade Institute in Harlem, New York City, supported by a combination of Federal and private funds. (b) The study shall include, but not be limited to, an assessment of the extent to which, and the means by which, a Caribbean Trade Institute could PUBLIC LAW 98-67–AUG. 5, 1983 (1) facilitate cooperation between public and private entities interested in engaging in or furthering Caribbean trade; (2) serve as a catalyst for greater cultural exchange between the United States and Caribbean nations; and (3) facilitate expansion of job opportunities both in the United States and the Caribbean Basin. The study shall also include suggestions regarding the organization and staffing of such an institute. (c) The study required by this section shall be submitted to the Congress within six months after the date of the enactment of this Act. SEC. 218. EFFECTIVE DATE OF SUBTITLE AND TERMINATION OF DUTY- (a) EFFECTIVE DATE.-This subtitle shall take effect on the date of the enactment of this Act. (b) TERMINATION OF DUTY-FREE TREATMENT.-No duty-free treatment extended to beneficiary countries under this subtitle shall remain in effect after September 30, 1995. Subtitle B-Tax Provisions SEC. 221. PAYMENT OF EXCISE TAXES COLLECTED ON RUM TO PUERTO 97 STAT. 395 Submittal to 19 USC 2706. (a) IN GENERAL.-Section 7652 of the Internal Revenue Code of 1954 (relating to shipments to the United States) is amended by 26 USC 7652. inserting after subsection (b) the following new subsection: "(c) SHIPMENTS OF RUM TO THE UNITED STATES.— "(1) EXCISE TAXES ON RUM COVERED INTO TREASURIES OF PUERTO RICO AND VIRGIN ISLANDS.-All taxes collected under section 5001(a)(1) on rum imported into the United States (less the 26 USC 5001. estimated amount necessary for payment of refunds and drawbacks) shall be covered into the treasuries of Puerto Rico and the Virgin Islands. "(2) SECRETARY PRESCRIBES FORMULA.-The Secretary shall, from time to time, prescribe by regulation a formula for the division of such tax collections between Puerto Rico and the Virgin Islands and the timing and methods for transferring such tax collections. “(3) Rum DEFINED. For purposes of this subsection, the term 'rum' means any article classified under item 169.13 or 169.14 of the Tariff Schedules of the United States (19 U.S.C. 1202). "(4) COORDINATION WITH SUBSECTIONS (a) AND (b).—Paragraph (1) shall not apply with respect to any rum subject to tax under subsection (a) or (b).". (b) EFFECTIVE DATE.-The amendment made by subsection (a) 26 USC 7652 shall apply to articles imported into the United States after June 30, note. 1983. SEC. 222. TREATMENT OF CARIBBEAN CONVENTIONS, ETC. (a) GENERAL RULE.-Subsection (h) of section 274 of the Internal Revenue Code of 1954 (relating to attendance at conventions, etc.) is 26 USC 274. amended by adding at the end thereof the following new paragraph: "(6) TREATMENT OF CONVENTIONS IN CERTAIN CARIBBEAN COUNTRIES. |