Uruguay Round Agreements Act

by the 103rd Congress of the United States

103^RD UNITED STATES CONGRESS
2^ND SESSION

An Act
To approve and implement the trade agreements concluded in the Uruguay Round of multilateral trade negotiations.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Short Title and Table of Contents.

(a) Short Title.—

This Act may be cited as the ``Uruguay Round Agreements Act´´.

(b) Table of Contents.—

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

TITLE I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE URUGUAY ROUND AGREEMENTS

Subtitle A - Approval of Agreements and Related Provisions

Sec. 101. Approval and entry into force of the Uruguay Round Agreements.

Sec. 102. Relationship of the agreements to United States law and State law.

Sec. 103. Implementing actions in anticipation of entry into force; regulations.

Subtitle B - Tariff Modifications

Sec. 111. Tariff modifications.

Sec. 112. Implementation of Schedule XX provisions on ship repairs.

Sec. 113. Liquidation or reliquidation and refund of duty paid on certain entries.

Sec. 114. Modifications to the HTS.

Sec. 115. Consultation and layover requirements for, and effective date of, proclaimed actions.

Sec. 116. Effective date.

Subtitle C - Uruguay Round Implementation and Dispute Settlement

Sec. 121. Definitions.

Sec. 122. Implementation of Uruguay Round Agreements.

Sec. 123. Dispute settlement panels and procedures.

Sec. 124. Annual report on the WTO.

Sec. 125. Review of participation in the WTO.

Sec. 126. Increased transparency.

Sec. 127. Access to the WTO dispute settlement process.

Sec. 128. Advisory committee participation.

Sec. 129. Administrative action following WTO panel reports.

Sec. 130. Effective date.

Subtitle D - Related Provisions

Sec. 131. Working party on worker rights.

Sec. 132. Implementation of rules of origin work program.

Sec. 133. Membership in WTO of boycotting countries.

Sec. 134. Africa trade and development policy.

Sec. 135. Objectives for extended negotiations.

Sec. 136. Repeal of tax on imported perfumes; drawback of tax on distilled spirits used in perfume manufacture.

Sec. 137. Certain nonrubber footwear.

Sec. 138. Effective date.

TITLE II - ANTIDUMPING AND COUNTERVAILING DUTY PROVISIONS

Sec. 201. Reference.

Subtitle A - General Provisions

Sec. 211. Action with respect to petitions.

Sec. 212. Petition and preliminary determination.

Sec. 213. De minimis dumping margin.

Sec. 214. Critical circumstances.

Sec. 215. Provisional measures.

Sec. 216. Conditions on acceptance of suspension agreements.

Sec. 217. Termination of investigation.

Sec. 218. Special rules for regional industries.

Sec. 219. Determination of weighted average dumping margin.

Sec. 220. Review of determinations.

Sec. 221. Review determinations.

Sec. 222. Definitions.

Sec. 223. Export price and constructed export price.

Sec. 224. Normal value.

Sec. 225. Currency conversion.

Sec. 226. Proprietary and nonproprietary information.

Sec. 227. Opportunity for comment by consumers and industrial users.

Sec. 228. Public notice and explanation of determinations.

Sec. 229. Sampling and averaging; determination of weighted average dumping margin.

Sec. 230. Anticircumvention.

Sec. 231. Evidence.

Sec. 232. Antidumping petitions by third countries.

Sec. 233. Conforming amendments.

Sec. 234. Application to Canada and Mexico.

Subtitle B - Subsidies Provisions

PART 1 - COUNTERVAILABLE SUBSIDIES

Sec. 251. Countervailable subsidy.

PART 2 - REPEAL OF SECTION 303 AND CONFORMING AMENDMENTS

Sec. 261. Repeal of section 303.

Sec. 262. Imposition of countervailing duties.

Sec. 263. De minimis countervailable subsidy.

Sec. 264. Determination of countervailable subsidy rate.

Sec. 265. Assessment of countervailing duty.

Sec. 266. Nature of countervailable subsidy.

Sec. 267. Definition of developing and least-developed country.

Sec. 268. Upstream subsidies.

Sec. 269. Sampling and averaging; determination of countervailable subsidy rate.

Sec. 270. Conforming amendments.

PART 3 - SECTION 303 INJURY INVESTIGATIONS

Sec. 271. Special rules for injury investigations for certain section 303 countervailing duty orders and investigations.

PART 4 - ENFORCEMENT OF UNITED STATES RIGHTS UNDER THE SUBSIDIES AGREEMENT

Sec. 281. Subsidies enforcement.

Sec. 282. Review of subsidies agreement.

Sec. 283. Amendments to title VII of the Tariff Act of 1930.

Subtitle C - Effective Date

Sec. 291. Effective date.

TITLE III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

Subtitle A - Safeguards

Sec. 301. Investigations, determinations, and recommendations by International Trade Commission.

Sec. 302. Action by President after determination of import injury.

Sec. 303. Miscellaneous amendments.

Sec. 304. Effective date.

Subtitle B - Foreign Trade Barriers and Unfair Trade Practices

Sec. 311. Identification of foreign anticompetitive practices.

Sec. 312. Consultation with committees.

Sec. 313. Identification of countries that deny protection of intellectual property rights.

Sec. 314. Amendments to title III of the Trade Act of 1974.

Sec. 315. Objectives in intellectual property.

Sec. 316. Effective date.

Subtitle C - Unfair Practices in Import Trade

Sec. 321. Unfair practices in import trade.

Sec. 322. Effective date.

Subtitle D - Textiles

Sec. 331. Textile product integration.

Sec. 332. Amendment to section 204 of the Agricultural Act of 1956.

Sec. 333. Textile transshipments.

Sec. 334. Rules of origin for textile and apparel products.

Sec. 335. Effective date.

Subtitle E - Government Procurement

Sec. 341. Monitoring and enforcement of the agreement on government procurement.

Sec. 342. Conforming amendments.

Sec. 343. Reciprocal competitive procurement practices.

Sec. 344. Effective date.

Subtitle F - Technical Barriers to Trade

Sec. 351. Technical barriers to trade.

Sec. 352. Effective date.

TITLE IV - AGRICULTURE-RELATED PROVISIONS

Subtitle A - Agriculture

PART I - MARKET ACCESS

Sec. 401. Section 22 amendments.

Sec. 402. Cheese and chocolate crumb imports.

Sec. 403. Meat Import Act.

Sec. 404. Administration of tariff-rate quotas.

Sec. 405. Special agricultural safeguard authority.

PART II - EXPORTS

Sec. 411. Export programs.

Sec. 412. Other conforming amendments.

PART III - OTHER PROVISIONS

Sec. 421. Authority for certain actions under Article XXVIII.

Sec. 422. Tobacco imports.

Sec. 423. Tobacco proclamation authority.

Sec. 424. Report to Congress on access to Canadian dairy and poultry markets.

Sec. 425. Study of milk marketing order system.

Sec. 426. Additional program funding.

Subtitle B - Sanitary and Phytosanitary Measures

Sec. 431. Sanitary and phytosanitary measures.

Sec. 432. International standard-setting activities.

Subtitle C - Standards

Sec. 441. The Federal Seed Act.

Subtitle D - General Effective Date

Sec. 451. General effective date.

TITLE V - INTELLECTUAL PROPERTY

Sec. 501. Definition.

Subtitle A - Copyright Provisions

Sec. 511. Rental rights in computer programs.

Sec. 512. Civil penalties for unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances.

Sec. 513. Criminal penalties for unauthorized fixation of and trafficking in sound recordings and music videos or live musical performances.

Sec. 514. Restored works.

Subtitle B - Trademark Provisions

Sec. 521. Definition of abandoned.

Sec. 522. Nonregistrability of misleading geographic indications for wines and spirits.

Sec. 523. Effective date.

Subtitle C - Patent Provisions

Sec. 531. Treatment of inventive activity.

Sec. 532. Patent term and internal priority.

Sec. 533. Patent rights.

Sec. 534. Effective dates and application.

TITLE VI - RELATED PROVISIONS

Subtitle A - Expiring Provisions

Sec. 601. Generalized System of Preferences.

Sec. 602. U.S. insular possessions.

Subtitle B - Certain Customs Provisions

Sec. 611. Reimbursements from customs user fee account.

Sec. 612. Merchandise processing fees.

Subtitle C - Conforming Amendments

Sec. 621. Conforming amendments.

TITLE VII - REVENUE PROVISIONS

Sec. 700. Amendment of 1986 Code and table of contents.

Subtitle A - Withholding Tax Provisions

Sec. 701. Withholding on distributions of Indian casino profits to tribal members.

Sec. 702. Voluntary withholding on certain Federal payments and on unemployment compensation.

Subtitle B - Provisions Relating to Estimated Taxes and Payments and Deposits of Taxes

Sec. 711. Treatment of subpart F and section 936 income of taxpayers using annualized method for estimated tax.

Sec. 712. Time for payments and deposits of certain taxes.

Sec. 713. Reduction in rate of interest paid on certain corporate overpayments.

Subtitle C - Earned Income Tax Credit

Sec. 721. Extension of earned income tax credit to military personnel stationed outside the United States.

Sec. 722. Certain nonresident aliens ineligible for earned income tax credit.

Sec. 723. Income of prisoners disregarded in determining earned income tax credit.

Subtitle D - Provisions Relating To Retirement Benefits

Sec. 731. Treatment of excess pension assets used for retiree health benefits.

Sec. 732. Rounding rules for cost-of-living adjustments.

Sec. 733. Increase in inclusion of social security benefits paid to nonresidents.

Subtitle E - Other Provisions

Sec. 741. Partnership distributions of marketable securities.

Sec. 742. Taxpayer identification numbers required at birth.

Sec. 743. Extension of Internal Revenue Service user fees.

Sec. 744. Modification of substantial understatement penalty for corporations participating in tax shelters.

Sec. 745. Modification of authority to set terms and conditions for savings bonds.

Subtitle F - Pension Plan Funding and Premiums

Sec. 750. Short title.

PART I - PENSION PLAN FUNDING

SUBPART A - AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986

Sec. 751. Minimum funding requirements.

Sec. 752. Limitation on changes in current liability assumptions.

Sec. 753. Anticipation of bargained benefit increases.

Sec. 754. Modification of quarterly contribution requirement.

Sec. 755. Exceptions to excise tax on nondeductible contributions.

SUBPART B - AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

Sec. 761. Minimum funding requirements.

Sec. 762. Limitation on changes in current liability assumptions.

Sec. 763. Anticipation of bargained benefit increases.

Sec. 764. Modification of quarterly contribution requirement.

SUBPART C - OTHER FUNDING PROVISIONS

Sec. 766. Prohibition on benefit increases where plan sponsor is in bankruptcy.

Sec. 767. Single sum distributions.

Sec. 768. Adjustments to lien for missed minimum funding contributions.

Sec. 769. Special funding rules for certain plans.

PART II - AMENDMENTS RELATED TO TITLE IV OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

Sec. 771. Reportable events.

Sec. 772. Certain information required to be furnished to PBGC.

Sec. 773. Enforcement of minimum funding requirements.

Sec. 774. Computation of additional PBGC premium.

Sec. 775. Disclosure to participants.

Sec. 776. Missing participants.

Sec. 777. Modification of maximum guarantee for disability benefits.

Sec. 778. Procedures to facilitate distribution of termination benefits.

PART III - EFFECTIVE DATES

Sec. 781. Effective dates.

TITLE VIII - PIONEER PREFERENCES

Sec. 801. Pioneer preferences.

Sec. 2. Definitions.

For purposes of this Act:

(1) GATT 1947; GATT 1994.—

(A) GATT 1947.—

The term ‘GATT 1947’ means the General Agreement on Tariffs and Trade, dated October 30, 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement.

(B) GATT 1994.—

The term ‘GATT 1994’ means the General Agreement on Tariffs and Trade annexed to the WTO Agreement.

(2) HTS.—

The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.

(3) INTERNATIONAL TRADE COMMISSION.—

The term ‘International Trade Commission’ means the United States International Trade Commission.

(4) MULTILATERAL TRADE AGREEMENT.—

The term ‘multilateral trade agreement’ means an agreement described in section 101(d) of this Act (other than an agreement described in paragraph (17) or (18) of such section).

(5) SCHEDULE XX.—

The term ‘Schedule XX’ means Schedule XX − United States of America annexed to the Marrakesh Protocol to the GATT 1994.

(6) TRADE REPRESENTATIVE.—

The term ‘Trade Representative’ means the United States Trade Representative.

(7) URUGUAY ROUND AGREEMENTS.—

The term ‘Uruguay Round Agreements’ means the agreements approved by the Congress under section 101(a)(1).

(8) WORLD TRADE ORGANIZATION AND WTO.—

The terms ‘World Trade Organization’ and ‘WTO’ mean the organization established pursuant to the WTO Agreement.

(9) WTO AGREEMENT.—

The term ‘WTO Agreement’ means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.

(10) WTO MEMBER AND WTO MEMBER COUNTRY.—

The terms ‘WTO member’ and ‘WTO member country’ mean a state, or separate customs territory (within the meaning of Article XII of the WTO Agreement), with respect to which the United States applies the WTO Agreement.

Approved December 8, 1994.

Legislative History

• H.R. 5110, (S. 2467)

• HOUSE REPORTS:
  • No. 103-826, Part I (Comm. on Ways and Means)
  • No. 103-826, Part II (Comm. on Energy and Commerce)
• SENATE REPORTS:
  • No. 103-412 (Committees on Finance; Agriculture; Governmental Affairs)
• CONGRESSIONAL RECORD, Vol. 140 (1994):
  • Nov. 29, considered and passed House.
  • Dec. 1, considered and passed Senate.