COUNTRY OF ORIGIN MARKING OF NAFTA GOODS.

SEC. 207. COUNTRY OF ORIGIN MARKING OF NAFTA GOODS. (a) Amendments to Tariff Act of 1930.— Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) is amended— (1) in subsection (c)(1), by striking “or engraving” and inserting “engraving, or continuous paint stenciling”; (2) in subsection (c)(2)— (A) by striking “four” and inserting “five”; and (B) by striking “such as paint stenciling”; (3) in subsection (e), by striking “or engraving” and inserting “engraving, or an equally permanent method of marking”; (4) by redesignating subsection (h) as subsection (i); and (5) by inserting after subsection (g) the following new subsection: “(h) Treatment of Goods of a NAFTA Country.— “(1) Application of section.— In applying this section to an article that qualifies as a good of a NAFTA country (as defined in section 2(4) of the North American Free Trade Agreement Implementation Act) under the regulations issued by the Secretary to implement Annex 311 of the North American Free Trade Agreement— “(A) the exemption under subsection (a)(3)(H) shall be applied by substituting ‘reasonably know’ for ‘necessarily know’; “(B) the Secretary shall exempt the good from the requirements for marking under subsection (a) if the good— “(i) is an original work of art, or “(ii) is provided for under subheading 6904.10, heading 8541, or heading 8542 of the Harmonized Tariff Schedule of the United States; and “(C) subsection (b) does not apply to the usual container of any good described in subsection (a)(3) (E) or (I) or subparagraph (B) (i) or (ii) of this paragraph. “(2) Petition rights of nafta exporters and producers regarding marking determinations.— “(A) Definitions.— For purposes of this paragraph: “(i) The term ‘adverse marking decision’ means a determination by the Customs Service which an exporter or producer of merchandise believes to be contrary to Annex 311 of the North American Free Trade Agreement. “(ii) A person may not be treated as the exporter or producer of merchandise regarding which an adverse marking decision was made unless such person— “(I) if claiming to be the exporter, is located in a NAFTA country and is required to maintain 107 STAT. 2097records in that country regarding exportations to NAFTA countries; or “(II) if claiming to be the producer, grows, mines, harvests, fishes, traps, hunts, manufactures, processes, or assembles such merchandise in a NAFTA country. “(B) Intervention or petition regarding adverse marking decisions.— If the Customs Service makes an adverse marking decision regarding any merchandise, the Customs Service shall, upon written request by the exporter or producer of the merchandise, provide to the exporter or producer a statement of the basis for the decision. If the exporter or producer believes that the decision is not correct, it may intervene in any protest proceeding initiated by the importer of the merchandise. If the importer does not file a protest with regard to the decision, the exporter or producer may file a petition with the Customs Service setting forth— “(i) a description of the merchandise; and “(ii) the basis for its claim that the merchandise should be marked as a good of a NAFTA country. “(C) Effect of determination regarding decision.— If, after receipt and consideration of a petition filed by an exporter or producer under subparagraph (B), the Customs Service determines that the adverse marking decision— “(i) is not correct, the Customs Service shall notify the petitioner of the determination and all merchandise entered, or withdrawn from warehouse for consumption, more than 30 days after the date that notice of the determination under this clause is published in the weekly Custom Bulletin shall be marked in conformity with the determination; or “(ii) is correct, the Customs Service shall notify the petitioner that the petition is denied. “(D) Judicial review.— For purposes of judicial review, the denial of a petition under subparagraph (C)(ii) shall be treated as if it were a denial of a petition of an interested party under section 516 regarding an issue arising under any of the preceding provisions of this section.”. (b) Coordination With 1988 Act Regarding Certain Articles.— Articles that qualify as goods of a NAFTA country under regulations issued by the Secretary in accordance with Annex 311 of the Agreement are exempt from the marking requirements promulgated by the Secretary of the Treasury under section 1907(c) of the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418), but are subject to the requirements of section 304 of the Tariff Act of 1930 (19 U.S.C. 1304).