H.R. 5110 (103 rd ): Uruguay Round Agreements Act
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The text of the bill below is as of Dec 1, 1994 (Passed Congress).
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Source: Wikipedia
The Uruguay Round Agreements Act (URAA; Pub.L. 103–465, 108 Stat. 4809, enacted December 8, 1994) is an Act of Congress in the United States that implemented in U.S. law the Marrakesh Agreement of 1994. The Marrakesh Agreement was part of the Uruguay Round of negotiations which transformed the General Agreement on Tariffs and Trade (GATT) into the World Trade Organization (WTO). One of its effects is to give United States copyright protection to some works that had previously been in the public domain in the United States.
This summary is from Wikipedia.
One Hundred Third Congress
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
To approve and implement the trade agreements concluded in the Uruguay Round of multilateral trade negotiations.
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’.
Sec. 1. Short title and table of contents.
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. 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
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. 223. Export price and constructed export price.
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. 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
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. 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
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.
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.
(a) APPROVAL OF AGREEMENTS AND STATEMENT OF ADMINISTRATIVE ACTION- Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress approves--
(1) the trade agreements described in subsection (d) resulting from the Uruguay Round of multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade, entered into on April 15, 1994, and submitted to the Congress on September 27, 1994; and
(2) the statement of administrative action proposed to implement the agreements that was submitted to the Congress on September 27, 1994.
(b) ENTRY INTO FORCE- At such time as the President determines that a sufficient number of foreign countries are accepting the obligations of the Uruguay Round Agreements, in accordance with article XIV of the WTO Agreement, to ensure the effective operation of, and adequate benefits for the United States under, those Agreements, the President may accept the Uruguay Round Agreements and implement article VIII of the WTO Agreement.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated annually such sums as may be necessary for the payment by the United States of its share of the expenses of the WTO.
(d) TRADE AGREEMENTS TO WHICH THIS ACT APPLIES- Subsection (a) applies to the WTO Agreement and to the following agreements annexed to that Agreement:
(1) The General Agreement on Tariffs and Trade 1994.
(2) The Agreement on Agriculture.
(3) The Agreement on the Application of Sanitary and Phytosanitary Measures.
(4) The Agreement on Textiles and Clothing.
(5) The Agreement on Technical Barriers to Trade.
(6) The Agreement on Trade-Related Investment Measures.
(7) The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.
(8) The Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994.
(9) The Agreement on Preshipment Inspection.
(10) The Agreement on Rules of Origin.
(11) The Agreement on Import Licensing Procedures.
(12) The Agreement on Subsidies and Countervailing Measures.
(13) The Agreement on Safeguards.
(14) The General Agreement on Trade in Services.
(15) The Agreement on Trade-Related Aspects of Intellectual Property Rights.
(16) The Understanding on Rules and Procedures Governing the Settlement of Disputes.