H.R.1047
Miscellaneous Trade and Technical Corrections Act of 2004 (Enrolled
as Agreed to or Passed by Both House and Senate)
TITLE III--IRAQI CULTURAL ANTIQUITIES
SEC. 3001. SHORT TITLE.
This title may be cited as the `Emergency Protection for Iraqi Cultural
Antiquities Act of 2004'.
SEC. 3002. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS.
(a) AUTHORITY- The President may exercise the authority of the President
under section 304 of the Convention on Cultural Property Implementation Act
(19 U.S.C. 2603) with respect to any archaeological or ethnological material
of Iraq without regard to whether Iraq is a State Party under that Act, except
that, in exercising such authority, subsection (c) of such section shall not
apply.
(b) DEFINITION- In this section, the term `archaeological or ethnological
material of Iraq' means cultural property of Iraq and other items of
archaeological, historical, cultural, rare scientific, or religious importance
illegally removed from the Iraq National Museum, the National Library of Iraq,
and other locations in Iraq, since the adoption of United Nations Security
Council Resolution 661 of 1990.
SEC. 3003. TERMINATION OF AUTHORITY.
The authority of the President under section 3002(a) shall terminate on
September 30, 2009.
TITLE IV--WOOL TRUST FUND
SEC. 4001. SHORT TITLE.
This title may be cited as the `Wool Suit and Textile Trade Extension Act
of 2004'.
SEC. 4002. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON WOOL PRODUCTS,
WOOL RESEARCH FUND, WOOL DUTY REFUNDS.
(a) EXTENSION OF TEMPORARY DUTY REDUCTIONS-
(1) HEADING 9902.51.11- Heading 9902.51.11 of the Harmonized Tariff
Schedule of the United States is amended--
(A) in the article description, by striking `all the foregoing'
through the end and inserting `(provided for in subheading 5112.11.60 or
5112.19.95)';
(B) by striking `2005' and inserting `2007'; and
(C) by striking `17.5%' and inserting `10%'.
(2) HEADING 9902.51.12- Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by striking heading
9902.51.12.
(3) HEADING 9902.51.13- Heading 9902.51.13 of the Harmonized Tariff
Schedule of the United States is amended by striking `2005' and inserting
`2007'.
(4) HEADING 9902.51.14- Heading 9902.51.14 of the Harmonized Tariff
Schedule of the United States is amended--
(A) in the article description, by inserting `the foregoing' after
`top,'; and
(B) by striking `2005' and inserting `2007'.
(5) FABRICS OF COMBED WOOL- Subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended by inserting in
numerical sequence the following:
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
` 9902.51.15 Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, under the terms of U.S. note 16(b) to this subchapter (provided for in subheading 5112.11.30 or 5112.19.60) Free No change No change On or before 12/31/2006
9902.51.16 Fabrics of combed wool, containing 85 percent or more by weight of wool, with wool yarns of average fiber diameters of 18.5 micron or less, under the terms of U.S. note 17 to this subchapter (provided for in subheading 5112.11.30 or 5112.19.60) Free No change No change On or before 12/31/2006 '.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(b) MODIFICATION OF LIMITATION ON QUANTITY OF IMPORTS-
(1) NOTE 15- U.S. Note 15 to subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended--
(A) by striking `The aggregate' and inserting:
(B) in subdivision (a), as redesignated by subparagraph (A)--
(i) by striking the comma after `9902.51.11';
(ii) by striking `and' after `2002,'; and
(iii) by striking `year 2003' and all that follows through the end
period and inserting the following: `years 2003 and 2004, and 5,500,000
square meter equivalents in calendar year 2005 and each calendar year
thereafter for the benefit of persons who cut and sew men's and boys'
worsted wool suits and suit-like jackets and trousers in the United
States, allocated as required by section 501(e) of the Trade and
Development Act of 2000.'; and
(C) by adding at the end the following new division:
`(b) For purposes of heading 9902.51.11, all fabrics entered under such
heading must be certified by the importer as suitable for use in making men's
and boys' suits (as defined in U.S. note 13 to this subchapter), suit-type
jackets, or trousers and must be imported for the benefit of persons who cut
and sew such clothing in the United States.'.
(2) NOTE 16- U.S. Note 16 to subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States is amended--
(A) by striking `The aggregate' and inserting
(B) in subdivision (a), as redesignated by subparagraph (A)--
(i) by striking `9902.51.12,' and inserting
`9902.51.15';
(ii) by striking `and' after `2002,'; and
(iii) by striking `year 2003' and all that follows through the end
period and inserting the following: `years 2003 and 2004, 5,000,000
square meter equivalents in calendar year 2005 and each calendar year
thereafter, allocated as required by section 501(e) of the Trade and
Development Act of 2000 for the benefit of persons who cut and sew such
clothing in the United States.'; and
(C) by adding at the end the following new subdivision:
`(b) For purposes of heading 9902.51.15, all fabrics entered under such
heading must be certified by the importer as suitable for use in making men's
and boys' suits (as defined in U.S. note 13 to this subchapter), suit-type
jackets, or trousers and must be imported for the benefit of persons who cut
and sew such clothing in the United States.'.
(3) NOTE 17- The U.S. Notes for subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States are amended by adding at the
end the following new Note:
`17. (a) The aggregate quantity of worsted wool fabric entered under
subheading 9902.51.16 shall be limited to 2,000,000 square meter equivalents
in calendar year 2005 and each calendar year thereafter, allocated in
accordance with section 501(e) of the Trade and Development Act of 2000 for
the benefit of persons who weave worsted wool fabric suitable for use in men's
and boys' suits.
`(b) For purposes of heading 9902.51.16, all fabrics entered under such
heading must be certified by the importer as suitable for use in making men's
and boys' suits (as defined in U.S. note 13 to this subchapter), suit-type
jackets, or trousers and must be imported for the benefit of persons who weave
in the United States worsted wool fabric suitable for use in such
clothing.'.
(4) CONFORMING AMENDMENTS-
(A) SUNSET STAGED REDUCTION REQUIREMENT- Section 501(a)(2) of the
Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 299) is
amended by inserting before the period `for goods entered, or withdrawn
from warehouse for consumption, before January 1, 2005'.
(B) ALLOCATION OF TARIFF-RATE QUOTAS- Subsection (e) of section 501 of
the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat. 200)
is amended--
(i) by striking `9902.51.12' and inserting `9902.51.15';
(ii) by inserting `for manufacturers of men's and boys' suits' after
`implementing the limitation'; and
(iii) by inserting at the end the following new sentence: `In
implementing the limitation for manufacturers of worsted wool fabric
with respect to the quantity of worsted wool fabrics under heading
9902.51.16 of the Harmonized Tariff Schedule of the United States, as
required by U.S. Note 17 of subchapter II of chapter 99 of such
Schedule, the Secretary of Commerce shall prescribe regulations to
allocate fairly the quantity of worsted wool fabrics required under U.S.
Note 17 of such Schedule to manufacturers who weave worsted wool fabric
in the United States.'.
(C) SUNSET AUTHORITY TO MODIFY LIMITATION ON QUANTITY- Section 504(b)
of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat.
301) is repealed, effective January 1, 2005.
(c) EXTENSION OF DUTY REFUNDS AND WOOL RESEARCH TRUST FUND-
(1) ESTABLISHMENT OF TRUST FUND- There is hereby established within the
Treasury of the United States a trust fund to be known as the Wool Apparel
Manufacturers Trust Fund (in this subsection referred to as the `Trust
Fund'), consisting of such amounts as may be transferred to the Trust Fund
under paragraph (2).
(A) IN GENERAL- The Secretary of the Treasury shall transfer to the
Trust Fund, out of the general fund of the Treasury of the United States,
amounts determined by the Secretary of the Treasury to be equivalent to
the amounts received in the general fund that are attributable to the duty
received on articles classified under chapter 51 of the Harmonized Tariff
Schedule of the United States, subject to the limitation in subparagraph
(B).
(B) LIMITATION- In any fiscal year, the Secretary shall not transfer
more than the amount determined by the Secretary necessary for the Bureau
of Customs and Border Protection to make payments authorized under
paragraph (3) and the Secretary of Commerce to make grants under paragraph
(6).
(3) AVAILABILITY OF AMOUNTS FROM TRUST FUND- From amounts in the Trust
Fund, the Bureau of Customs and Border Protection shall pay to each
manufacturer that receives a payment during calendar year 2005 under section
505 of the Trade and Development Act of 2000 (Public Law 106-200; 114 Stat.
303), as amended by section 5101 of the Trade Act of 2002 (116 Stat. 1041),
and that provides an affidavit, no later than March 1 of the year of the
payment, that it remains a manufacturer in the United States as of January 1
of the year of the payment, 2 additional payments, each payment equal to the
payment received for calendar year 2005 as follows:
(A) The first payment to be made after January 1, 2006, but on or
before April 15, 2006.
(B) The second payment to be made after January 1, 2007, but on or
before April 15, 2007.
(4) SUCCESSOR-IN-INTEREST- Any manufacturer that becomes a
successor-in-interest to a claimant of a payment under section 505 of the
Trade and Development Act of 2000, as amended by section 5101 of the Trade
Act of 2002, because of--
(A) an assignment of the claim,
(B) an assignment of the original claimant's right to manufacture
under the same trade name, or
or otherwise, shall be eligible to claim the payment as if the successor
manufacturer were the original claimant, without regard to section 3727 of
title 31, United States Code. Such right to claim payment as a successor
shall be effective as if the right were included in section 505 of the Trade
and Development Act of 2000.
(5) EXTENSION OF WOOL RESEARCH, DEVELOPMENT, AND PROMOTION TRUST FUND-
Section 506(f) of the Trade and Development Act of 2000 (Public Law 106-200;
114 Stat. 303), as amended by section 5102(c)(2) of the Trade Act of 2002
(116 Stat. 1047), is amended by striking `2006' and inserting `2008'.
(6) COMMERCE AUTHORITY TO PROMOTE DOMESTIC EMPLOYMENT-
(A) GRANTS TO MANUFACTURERS OF WORSTED WOOL FABRICS- The Secretary of
Commerce shall provide to--
(i) persons who were, during calendar years 1999, 2000, and 2001,
manufacturers of worsted wool fabric of the kind described in heading
9902.51.12 of the Harmonized Tariff Schedule of the United States (as in
effect on the day before the date of the enactment of this Act),
and
(ii) persons who were, during such calendar years, manufacturers of
worsted wool fabric of the kind described in heading 9902.51.11 of the
Harmonized Tariff Schedule of the United States,
grants in each of calendar years 2005 through 2007 in the amounts
determined under subparagraph (B).
(B) AMOUNTS- (i) The total amount of grants to manufacturers under
subparagraph (A)(i) shall be $2,666,000 each calendar year, allocated
among such manufacturers on the basis of the percentage of each
manufacturer's production of the fabric described in heading 9902.51.12 of
the Harmonized Tariff Schedule of the United States (as in effect on the
day before the date of the enactment of this Act) for calendar years 1999,
2000, and 2001, compared to the production of such fabric by all such
manufacturers who qualify under subparagraph (A)(i) for such
grants.
(ii) The total amount of grants to manufacturers under subparagraph
(A)(ii) shall be $2,666,000 each calendar year, allocated among such
manufacturers on the basis of the percentage of each manufacturer's
production of the fabric described in heading 9902.51.11 of the Harmonized
Tariff Schedule of the United States for calendar years 1999, 2000, and
2001, compared to the production of such fabric by all manufacturers who
qualify under subparagraph (A)(ii) for such grants.
(iii) Any grant awarded by the Secretary under this paragraph shall be
final and not subject to appeal or protest.
(d) EFFECTIVE DATE FOR DUTY REDUCTION- The amendment made by subsection
(a)(1)(B) shall apply to goods entered, or withdrawn from warehouse for
consumption, on or after January 1, 2005.
TITLE V--REFERENCE TO CUSTOMS SERVICE
SEC. 5001. REFERENCE TO CUSTOMS SERVICE.
Except as otherwise expressly provided, any reference in this Act to the
`United States Customs Service' or the `Customs Service' shall be considered
to be a reference to the `Bureau of Customs and Border Protection' of the
Department of Homeland Security.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.