Page:United States Statutes at Large Volume 107 Part 3.djvu/160

 107 STAT. 2098 PUBLIC LAW 103-182—DEC. 8, 1993 (2) in subsection (c)(2)— (A) by striking out "or^ at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); (C) by inserting after subparagraph (D) the following new subparagraph: "(E) with respect to a determination of origin under section 202 of the North American Free Trade Agreement Implementation Act, any exporter or producer of the merchandise subject to that determination, if the exporter or producer completed and signed a NAFTA Certificate of Origin covering the merchandise; or^; and (D) by striking "clauses (A) through (D)" in subparagraph (F) (as redesignated by subparagraph (B)), and inserting "clauses (A) through (E)"; and (3) by adding at the end the following new subsections: "(e) ADVANCE NOTICE OF CERTAIN DETERMINATIONS.— Except as provided in subsection (f), an exporter or producer referred to in subsection (c)(2)(E) shall be provided notice in advance of an adverse determination of origin under section 202 of the North American Free Trade Agreement Implementation Act. The Secretary may, by regulations, prescribe the time period in which such advance notice shall be issued and authorize the Customs Service to provide in the notice the entry number and any other entry information considered necessary to allow the exporter or producer to exercise the rights provided by this section. "(f) DENIAL OF PREFERENTIAL TREATMENT.—I f the Customs Service finds indications of a pattern of conduct by an exporter or producer of false or unsupported representations that goods qualify under the rules of origin set out in section 202 of the North American Free Trade Agreement Implementation Act— "(1) the Customs. Service, in accordance with regulations issued by the Sedretary, may deny preferential tariff treatment to entries of identical goods exported or produced by that person; and "(2) the advance notice requirement in subsection (e) shall not apply to that person; until the person establishes to the satisfaction of the Customs Service that its representations are in conformity with section 202.". SEC. 209. EXCHANGE OF INFORMATION. Section 628 of the Tariff Act of 1930 (19 U.S.C. 1628) is amended by adding at the end the following new subsection: "(c) The Secretary may authorize the Customs Service to exchange information with any government agency of a NAFTA country, as defined in section 2(4) of the North American Free Trade Agreement Implementation Act, if the Secretary— "(1) reasonably believes the exchange of information is necessary to implement chapter 3, 4, or 5 of the North American Free Trade Agreement, and "(2) obtains assurancesfiromsuch country that the information will be held in confidence and used only for governmental purposes.".

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