PROTESTS AGAINST ADVERSE ORIGIN DETERMINATIONS.

SEC. 208. PROTESTS AGAINST ADVERSE ORIGIN DETERMINATIONS. Section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) is amended— (1) in subsection (c)(1) by inserting “, or with respect to a determination of origin under section 202 of the North American Free Trade Agreement Implementation Act,” after “with respect to any one category of merchandise” in the fourth sentence; 107 STAT. 2098 (2) in subsection (c)(2)— (A) by striking out “or” at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); (C) by inserting after subparagraph (D) the following new subparagraph: “(E) with respect to a determination of origin under section 202 of the North American Free Trade Agreement Implementation Act, any exporter or producer of the merchandise subject to that determination, if the exporter or producer completed and signed a NAFTA Certificate of Origin covering the merchandise; or”; and (D) by striking “clauses (A) through (D)” in subparagraph (F) (as redesignated by subparagraph (B)), and inserting “clauses (A) through (E)”; and (3) by adding at the end the following new subsections: “(e) Advance Notice of Certain Determinations.— Except as provided in subsection (f), an exporter or producer referred to in subsection (c)(2)(E) shall be provided notice in advance of an adverse determination of origin under section 202 of the North American Free Trade Agreement Implementation Act. The Secretary may, by regulations, prescribe the time period in which such advance notice shall be issued and authorize the Customs Service to provide in the notice the entry number and any other entry information considered necessary to allow the exporter or producer to exercise the rights provided by this section. “(f) Denial of Preferential Treatment.— If the Customs Service finds indications of a pattern of conduct by an exporter or producer of false or unsupported representations that goods qualify under the rules of origin set out in section 202 of the North American Free Trade Agreement Implementation Act— “(1) the Customs Service, in accordance with regulations issued by the Secretary, may deny preferential tariff treatment to entries of identical goods exported or produced by that person; and “(2) the advance notice requirement in subsection (e) shall not apply to that person; until the person establishes to the satisfaction of the Customs Service that its representations are in conformity with section 202.”.