Page:United States Statutes at Large Volume 107 Part 3.djvu/159

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2097 records in that country regarding exportations to NAFTA countries; or "(11) 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 m£dces 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 beUeves 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is not correct, the Customs Service shall notify the petitioner of the determination and all merchandise entered, or withdrawn from warehouse for consumption, more than 30 days after the date that notice of the determination under this clause is published in the weekly Custom Bulletin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 uiis section.", (b) COORDINATION WITH 1988 ACT REGARDING CERTAIN ARTI- 19 USC i304 CLES. —Articles that qualify as goods of a NAFTA country under "°^- regulations issued by the Secretary in accordance with Aimex 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 Tariflr Act of 1930 (19 U.S.C. 1304). 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;