TECHNICAL AMENDMENTS RELATING TO THE UNITED STATESCANADA FREE-TRADE AGREEMENT.

SEC. 134. TECHNICAL AMENDMENTS RELATING TO THE UNITED STATESCANADA FREE-TRADE AGREEMENT. (a) Amendments to the Tariff Act of 1930.— (1) Section 313(n) of the Tariff Act of 1930 (19 U.S.C. 1313(n)) is amended— (A) by inserting “, except an article” before “made from or substituted for”, and (B) by striking “of 1988” the second place it appears and inserting a comma. (2) Section 313(o) of the Tariff Act of 1930 (19 U.S.C. 1313(o)) is amended by adding at the end thereof the following new sentence: “This subsection shall apply to vessels delivered to Canadian account or owner, or to the Government of Canada, on and after January 1, 1994 (or, if later, the date proclaimed by the President under section 204(b)(2)(B) of the United States-Canada Free-Trade Agreement Implementation Act of 1988).”. (3) Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended— (A) in subsection (a)(5)— (i) by striking subparagraph (A) and inserting: “(A) the date of publication in the Federal Register of notice of any determination described in paragraph (1)(B) or any determination described in clause (i), (ii), or (iii) of paragraph (2)(B),”, and (ii) by striking out the period at the end of subparagraph (B) and inserting “, or”, and by adding at the end thereof the following new subparagraph: “(C) the date as of which— “(i) a binational panel has dismissed the binational panel review for lack of jurisdiction, and “(ii) any interested party seeking review under paragraph (1), (2), or (3) has provided timely notice under subsection (g)(3)(B), 104 STAT. 650except that if a request for an extraordinary challenge committee has been made with respect to the decision to dismiss, the date under this subparagraph shall not be earlier than the date on which such committee determines that such panel acted properly when it dismissed for lack of jurisdiction,”; and (B) in subsection (g)(3)— (i) by striking “or” at the end of subparagraph (A)(ii), by striking the period at the end of subparagraph (A)(iii) and inserting “, or”, and by adding at the end of subparagraph (A) the following new clause: “(iv) a determination which a binational panel has determined under paragraph (2)(A) is not reviewable by the binational panel.”, and (ii) by inserting “or (iv)” after “subparagraph (A)(i)” in subparagraph (B). (4) Section 777(d) of the Tariff Act of 1930 (19 U.S.C. 1677f(d)), as added by section 403(c) of the United States-Canada Free- Trade Agreement Implementation Act of 1988, is redesignated as subsection (f) and is further amended— (A) in paragraph (1)(A)— (i) by striking “(but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement)”, and (ii) by adding at the end thereof the following new sentence: “If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”; (B) in paragraph (1)(B)— (i) by inserting “, and persons under the direction and control,” after “employees” in clause (ii), (ii) by striking “and” at the end of clause (ii), (iii) by striking all after “in order to” in clause (iii) and inserting “make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement, and”; and (iv) by adding at the end thereof the following new clause: “(iv) any officer or employee of the Government of Canada designated by an authorized agency of Canada to whom disclosure is necessary in order to make decisions regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement.”; (C) in paragraph (3)— (i) by striking “or” after “violate,” each place it appears, and 104 STAT. 651 (ii) by inserting “or knowingly to receive information the receipt of which constitutes a violation of,” after “violation of,” each place it appears; and (D) in paragraph (4), by striking out “or inducement of a violation,” and inserting “inducement of a violation or receipt of information with reason to know that such information was disclosed in violation,”. (b) Amendments to the United States-Canada Free-Trade Agreement Implementation Act of 1988.— (1) Section 406(b) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is amended by adding at the end thereof the following new paragraph: “(4) If the Canadian Secretariat described in chapter 19 of the Agreement provides funds during any fiscal year for the purpose of paying, in accordance with Annex 1901.2 of the Agreement, the Canadian share of the expenses of binational panels, the United States Secretariat established under section 405(e)(l) may hereafter retain and use such funds for such purposes.”. (2) Section 408(c) of the United States-Canada Free-Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is amended by striking all after “persons” and inserting “who would otherwise be entitled under Canadian law to commence procedures for judicial review of a final antidumping or countervailing duty determination made by a competent investigating authority of Canada.”. (3) Section 409(b)(3)(A) of the United States-Canada Free- Trade Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is amended by striking “section 305” and inserting “section 308”. (c) Amendment to Harmonized Tariff Schedule.— U.S. Note 1 to subchapter XIII of chapter 98 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007) is amended by adding at the end thereof the following new paragraph: “(c) For purposes of this subchapter, the shipment to Canada of an article entered into the United States under heading 9813.00.05 shall not constitute an exportation, unless the article is a drawback eligible good under section 204(a) of the United States-Canada Free-Trade Agreement Implementation Act of 1988. This paragraph shall apply to shipments on or after January 1, 1994 (or, if later, the date proclaimed by the President under section 204(b)(2)(B) of such Act).”.