Page:United States Statutes at Large Volume 107 Part 3.djvu/158

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107 STAT. 2096 PUBLIC LAW 103-182—DEC. 8, 1993 Implementation Act for which no claim for preferential tariff treatment was made at the time of importation if the importer, within 1 year after the date of importation, files, in accordance with those regulations, a claim that includes— "(1) a written declaration that the good qualified under those rules at the time of importation; "(2) copies of all applicable NAFTA Certificates of Origin (as defined in section 508(b)(l)); and "(3) such other documentation relating to the importation of the goods as the Customs Service may require.". SEC. 207. COUNTRY OF ORIGIN BiARKING 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)(l)> 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 (JOODS OF A NAFTA COUNTRY.— "(1) APPLICATION OF SECTION.— In appl3ring 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