TECHNICAL AMENDMENTS.

SEC. 2004. TECHNICAL AMENDMENTS.(a) Trade Act of 2002.—(1) Section 2(a)(4) of the Trade Act of 2002 is amended by striking “and Other Provisions”.(2) The table of contents of the Trade Act of 2002 is amended—(A) in the item relating to section 342, by striking “customs service” and inserting “Customs Service”; and(B) by amending the item relating to section 3107 to read as follows: “3107. Trade benefits under the Caribbean Basin Economic Recovery Act.”. (3) The amendment made by section 111(b) of the Trade Act of 2002 shall be deemed never to have been enacted.118 STAT. 2590(4) Section 221(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2271(a)(2)(A)) is amended by striking “assistance, and appropriate” and inserting “assistance and appropriate”. (5) Section 222(b) of the Trade Act of 1974 (19 U.S.C. 2272(b)) is amended—(A) by striking the subsection heading and inserting the following: “Adversely Affected Secondary Workers”; and(B) in the matter preceding paragraph (1), by inserting “pursuant to a petition filed under section 221” after “under this chapter”.(6) Section 238(b)(1) of the Trade Act of 1974 is amended by striking “Secretary,” and inserting “Secretary)”.(7) Section 246 of the Trade Act of 1974 is amended—(A) in subsection (a)(3)(B)(iii), by striking “and” after the semicolon; (B) in subsection (a)(5), by striking “section 238(a)(2)(B)” and inserting “paragraph (2)(B)”; and (C) in subsection (b)(2), by striking “provided that” and inserting “if”.(8) The table of contents of the Trade Act of 1974 is amended by striking “Sec. 246. Supplemental wage allowances demonstration projects.”. (9) Section 296 of the Trade Act of 1974 is amended—(A) in subsection (a)(1)—(i) in the matter preceding subparagraph (A)—(I) by striking “trade adjustment allowance” and inserting “adjustment assistance under this chapter”; and(II) by striking “such allowance” and inserting “such assistance”; and(ii) in subparagraph (A), by striking “subsection (a)” and inserting “this subsection”; and(B) in subsection (b)(2), by striking “paragraph (1) except” and inserting “paragraph (1), except”.(10) Section 141(b) of the Trade Act of 2002 is amended by striking “title” and inserting “subtitle”. (11) Section 142 of the Trade Act of 2002 is amended—(A) in subsection (a)(1)—(i) by striking “284(a)” and “2395(a)” and inserting “284” and “2395”, respectively; and(ii) in subparagraph (A), by inserting “in subsection (a),” after “(A)”; and(B) in subsection (b), by striking “, as amended by subparagraph (A),”.(12) Section 583(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1583(c)(1)) is amended by moving the matter preceding subparagraph (A) and subparagraphs (A) through (K) 2 ems to the right.(13) Section 371(b) of the Trade Act of 2002 is amended by striking “1330(e)(2)” and inserting “1330(e)”.(14) Section 336 of the Trade Act of 2002 is amended to read as follows:“SEC. 336. STUDY AND REPORT RELATING TO CUSTOMS USER FEES.“(a) Study.—The Comptroller General shall conduct a study on the extent to which the amount of each customs user fee imposed 118 STAT. 2591 under section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) approximates the cost of services provided by the Customs Service relating to the fee so imposed.“(b) Report.—Not later than 180 days after the date of the enactment of the Miscellaneous Trade and Technical Corrections Act of 2004, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing—“(1) the results of the study conducted under subsection (a); and“(2) recommendations for the appropriate amount of the customs user fees if such results indicate that the fees are not commensurate with the level of services provided by the Customs Service. Notwithstanding any other provision of law, the report or its contents may only be disclosed by the Comptroller General to the committees or Members of Congress and the Customs Service and shall not be disclosed to the public.”.(15) Section 141(b)(2) of the Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended by moving the paragraph 2 ems to the left.(16) Section 2102(c) of the Trade Act of 2002 is amended—(A) in paragraph (8), by striking “this Act” and inserting “this title”; and(B) in paragraph (12), by striking “government engaged” and inserting “government is engaged”.(17) Section 2103 of the Trade Act of 2002 is amended—(A) in subsection (a)(1)(A), by striking “June 1” each place it appears and inserting “July 1”;(B) in subsection (b)(1)(C), by striking “June 1” each place it appears and inserting “July 1” and(C) in subsection (c)—(i) in paragraph (1)(B)(ii), by striking “June 1” and inserting “July 1”;(ii) in paragraph (2), by striking “March 1” and inserting “April 1”; and(iii) in paragraph (3), by striking “May 1” each place it appears and inserting “June 1”.(18) Section 2105(c) of the Trade Act of 2002 is amended by striking “aand” and inserting “and”.(19) Section 2113 of the Trade Act of 2002 is amended—(A) in the first paragraph designated “(2)”, by striking “101(d)(12)” and “3511(d)(12)” and inserting “101(d)(13)” and “3511(d)(13)”, respectively; and(B) in the second paragraph designated “(2)”—(i) by redesignating such paragraph as paragraph (3); and(ii) by striking “101(d)(13)” and “3511(d)(13)” and inserting “101(d)(12)” and “3511(d)(12)”, respectively.(20) Section 4101(b)(1) of the Trade Act of 2002 is amended—(A) in the matter preceding subparagraph (A), by striking “entry—” and inserting “entry of any article—”; and(B) in subparagraph (A), by striking “of any article”.(21) Section 151(a) of the Trade Act of 2002 is amended by striking “and 141(b)” and inserting “, 141(b), 201(d), and 202(e)”.118 STAT. 2592(22) Paragraph (4) of section 6103(p) of the Internal Revenue Code of 1986, as amended by section 202(b)(2)(B) of the Trade Act of 2002 (Public Law 107–210; 116 Stat. 961), is amended by striking “or (17)” after “any other person described in subsection (l)(16)” each place it appears and inserting “or (18)”.(b) Apparel Articles Under Caribbean Basin Economic Recovery Act.—(1) Section 213(b)(2)(A) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(2)(A)) is amended—(A) in clause (i), by striking “(including” and inserting “or both (including”;(B) in clause (v), by striking “, from fabrics or yarn that is not formed in the United States or in one or more CBTPA beneficiary countries”; and(C) in clause (vii)(IV), by striking “(i) or (ii)” and inserting “(i), (ii), or (ix)”.(2) Section 3107(a)(1)(B) of the Trade Act of 2002 is amended by striking “(B) by adding at the end the following:” and inserting “(B) by amending the last two sentences to read as follows:”.(c) Tariff Act of 1930.—Section 505(a) of the Tariff Act of 1930 is amended—(1) in the first sentence—(A) by inserting “referred to in this subsection” after “periodic payment”; and(B) by striking “10 working days” and inserting “12 working days”; and(2) in the second sentence, by striking “a participating” and all that follows through the end of the sentence and inserting the following: “the Secretary shall promulgate regulations, after testing the module, permitting a participating importer of record to deposit estimated duties and fees for entries of merchandise, other than merchandise entered for warehouse, transportation, or under bond, no later than the 15 working days following the month in which the merchandise is entered or released, whichever comes first.”.(d) Additional Technical Amendments.—(1) The second and third U.S. notes 6 to subchapter XVII 14 of chapter 98 of the Harmonized Tariff Schedule of the United States (as added by sections 1433(b) and 1456(b) of the Tariff Suspension and Trade Act of 2000, respectively) are redesignated as U.S. notes 7 and 8 to subchapter XVII of such chapter 98, respectively.(2) U.S. notes 4 and 12 to subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States are hereby repealed.(3) Section 421(b) of the Trade Act of 1974 (19 U.S.C. 2451(b)) is amended by striking “subtitle” each place it appears and inserting “chapter”.(4) Section 422(j) of the Trade Act of 1974 (19 U.S.C. 2451a(j)) is amended by striking “(1)”.(5) Section 337(a) of the Tariff Act of 1930 (19 U.S.C. 1337) is amended—(A) in paragraph (1), by aligning the text of subparagraph (E) with the text of subparagraph (D); and(B) in paragraph (2), by striking “and (D)” and inserting “(D), and (E)”.(6) Section 313(n)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 1313(n)(1)(B)) is amended by adding a semicolon after “Act”.118 STAT. 2593(7) Section 202(d)(1) of the United States-Chile Free Trade Agreement Implementation Act (19 U.S.C. 3805 note) is amended by striking “subsection (a)(2)” and inserting “subsection (a)(1)(B)”.(8)(A) Subheading 9804.00.70 of the Harmonized Tariff Schedule of the United States is amended in the article description column—(i) by striking “$1200” and inserting “$1600”;(ii) by striking “$400” and inserting “$800”; and(iii) by striking “or up to $600 of which have been acquired in one or more beneficiary countries”.(B) Subheading 9804.00.72 of the Harmonized Tariff Schedule of the United States is amended in the article description column—(i) by striking “$600” and inserting “$800”; and(ii) by striking “not more than $400 of which shall have been acquired elsewhere than in beneficiary countries”. (e) United States Vessels.—Section 204(b)(4)(B)(i) of the Andean Trade Preference Act is amended to read as follows:“(i) United states vessel.—A ‘United States vessel’ is—“(I) a vessel that has a certificate of documentation with a fishery endorsement under chapter 121 of title 46, United States Code; or“(II) in the case of a vessel without a fishery endorsement, a vessel that is documented under the laws of the United States and for which a license has been issued pursuant to section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973g).”.(f) Customs User Fees.—(1) Section 13031(b)(9)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)) is amended by striking “less than $2,000” and inserting “$2,000 or less”.(2) Section 13031(b)(9)(A)(ii) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(A)(ii)) is amended to read as follows:“(ii) Notwithstanding subsection (e)(6) and subject to the provisions of subparagraph (B), in the case of an express consignment carrier facility or centralized hub facility—“(I) $.66 per individual airway bill or bill of lading; and“(II) if the merchandise is formally entered, the fee provided for in subsection (a)(9), if applicable.”.(3) Section 13031(b)(9)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)(B)) is amended—(A) by moving the margins for subparagraph (B) 4 ems to the left; and(B) in clause (ii), by striking “subparagraph (A)(ii)” and inserting “subparagraph (A)(ii) (I) or (II)”. (4) Section 13031(f)(1)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(1)(B)) is amended by moving the subparagraph 2 ems to the left.(g) Entries of Certain Apparel Articles Pursuant to the Caribbean Basin Economic Recovery Act.—(1) In general.—Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Customs Service shall liquidate or reliquidate as free of duty and free of any quantitative restrictions, limitations, or 118 STAT. 2594 consultation levels entries of articles described in paragraph (4) made on or after October 1, 2000.(2) Requests.—Liquidation or reliquidation may be made under paragraph (1) with respect to an entry described in paragraph (4) only if a request therefor is filed with the Customs Service within 90 days after the date of the enactment of this Act and the request contains sufficient information to enable the Customs Service to locate the entry or reconstruct the entry if it cannot be located.(3) Payment of amounts owed.—Any amounts owed by the United States pursuant to the liquidation or reliquidation of any entry under paragraph (1) shall be paid not later than 180 days after the date of such liquidation or reliquidation.(4) Entries.—The entries referred to in paragraph (1) are entries of apparel articles (other than socks provided for in heading 6115 of the Harmonized Tariff Schedule of the United States) that meet the requirements of section 213(b)(2)(A) of the Caribbean Basin Economic Recovery Act (as amended by section 3107(a) of the Trade Act of 2002 and subsection (b) of this section).(h) Labeling Requirements.—(1) In general.—Section 4 of the Textile Fiber Products Identification Act (15 U.S.C. 70b) is amended by adding at the end the following new subsection:“(k) Marking of Certain Sock Products.—“(1) Notwithstanding any other provision of law, socks provided for in subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall be marked as legibly, indelibly, and permanently as the nature of the article or package will permit in such a manner as to indicate to the ultimate consumer in the United States the English name of the country of origin of the article. The marking required by this subsection shall be on the front of the package, adjacent to the size designation of the product, and shall be set forth in such a manner as to be clearly legible, conspicuous, and readily accessible to the ultimate consumer.“(2) Exceptions.—Any package that contains several different types of goods and includes socks classified under subheading 6115.92.90, 6115.93.90, 6115.99.18, 6111.20.60, 6111.30.50, or 6111.90.50 of the Harmonized Tariff Schedule of the United States, as in effect on September 1, 2003, shall not be subject to the requirements of paragraph (1).”.(2) Effective date.—The amendment made by paragraph (1) shall take effect on the date that is 15 months after the date of enactment of this Act, and on and after the date that is 15 months after such date of enactment, any provision of part 303 of title 16, Code of Federal Regulations, that is inconsistent with such amendment shall not apply.(i) Extension of Industry Trade Advisory Committees.—(1) In general.—Section 135(f)(2) of the Trade Act of 1974 (19 U.S.C. 2155(f)(2)) is amended to read as follows: “(2) to all other advisory committees which may be established under subsection (c) of this section, except that—“(A) the meetings of advisory committees established under subsections (b) and (c) of this section shall be exempt 118 STAT. 2595 from the requirements of subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to the extent it is determined by the President or the President’s designee that such meetings will be concerned with matters the disclosure of which would seriously compromise the development by the United States Government of trade policy, priorities, negotiating objectives, or bargaining positions with respect to matters referred to in subsection (a) of this section, and that meetings may be called of such special task forces, plenary meetings of chairmen, or other such groups made up of members of the committees established under subsections (b) and (c) of this section; and“(B) notwithstanding subsection (a)(2) of section 14 of the Federal Advisory Committee Act, any committee established under subsection (b) or (c) may, in the discretion of the President or the President’s designee, terminate not later than the expiration of the 4-year period beginning on the date of their establishment.”.(2) Conforming amendment.—Section 135(b)(1) of the Trade Act of 1974 (19 U.S.C. 2155(b)(1)) is amended by striking “2 years” and inserting “4 years or until the committee is scheduled to expire”.(3) Effective date.—The amendments made by this subsection shall take effect on February 1, 2006.(j) Retroactivity for certain agoa provisions.—(1) In general.—Section 8(d) of the AGOA Acceleration Act of 2004 (Public Law 108–274) is amended by striking “section 112(b)” and inserting “section 112”.(2) Applicability.—(A) In general.—The amendment made by paragraph (1) shall take effect as if included in the enactment of section 8 of the AGOA Acceleration Act of 2004.(B) Requests for retroactive application.—Section 8(b) of the AGOA Acceleration Act of 2004 shall be applied with respect to the amendment made by paragraph (1) by substituting “90 days after the date of the enactment of the Miscellaneous Trade and Technical Corrections Act of 2004” for “90 days after the date of the enactment of this Act”.(k) Mauritius.—(1) In general.—Section 112(b)(3)(B) of the African Growth and Opportunity Act (19 U.S.C. 3271(b)(3)(B)) is amended by adding at the end the following new clause:“(iv) Separate limitation for mauritius.—For the 1-year period beginning October 1, 2004—“(I) the term ‘lesser developed beneficiary sub-Saharan African country’ includes Mauritius; and“(II) the applicable percentage with respect to Mauritius shall be 5 percent of the applicable percentage described in clause (ii)(II).”.(2) Retroactive application.—Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, upon proper request filed with the Bureau of Customs and Border Protection before the 90th day after 118 STAT. 2596 the date of the enactment of this Act, any entry, or withdrawal from warehouse for consumption, of any good—(A) that was made on or after October 1, 2004, and before the date of the enactment of this Act, and(B) with respect to which there would have been no duty if the amendment made by this subsection applied to such entry or withdrawal,shall be liquidated or reliquidated as if such amendment applied to such entry or withdrawal.