Page:United States Statutes at Large Volume 118.djvu/2619

 118 STAT. 2589 PUBLIC LAW 108–429—DEC. 3, 2004 international agreement or treaty under paragraph (1)(B), or ‘‘(iii) in the case of an importer that owns or con trols or that has an affiliate that owns or controls a winery operating under a basic permit issued by the Secretary, the importer certifies that the practices and procedures used to produce the wine constitute proper cellar treatment under paragraph (1)(A). ‘‘(B) AFFILIATE DEFINED.—For purposes of this para graph, the term ‘affiliate’ has the meaning given such term by section 117(a)(4) of the Federal Alcohol Administration Act (27 U.S.C. 211(a)(4)) and includes a winery’s parent or subsidiary or any other entity in which the winery’s parent or subsidiary has an ownership interest.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect on January 1, 2005. SEC. 2003. ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT UNDER THE ANDEAN TRADE PREFERENCE ACT. (a) IN GENERAL.—Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, and subject to subsection (c)— (1) with respect to any article described in section 204(b)(1)(D) of the Andean Trade Preference Act (as amended by section 3103(a)(2) of the Trade Act of 2002) for which the President proclaims duty free treatment pursuant to section 204(b)(1) of the Andean Trade Preference Act, the entry of any such article on or after August 6, 2002, and before the date on which the President so proclaims duty free treatment for such article shall be subject to the rate of duty applicable on August 5, 2002; and (2) such entries shall be liquidated or reliquidated as if the reduced duty preferential treatment applied, and the Sec retary of the Treasury shall refund any excess duties paid with respect to such entry. (b) ENTRY.—As used in this subsection, the term ‘‘entry’’ includes a withdrawal from warehouse for consumption. (c) REQUESTS.—Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act, and such request contains sufficient information to enable the Customs Service— (1) to locate the entry; or (2) to reconstruct the entry if it cannot be located. SEC. 2004. TECHNICAL AMENDMENTS. (a) TRADE ACT of 2002.—(1) Section 2(a)(4) of the Trade Act of 2002 is amended by striking ‘‘and Other Provisions’’. (2) The table of contents of the Trade Act of 2002 is amended— (A) in the item relating to section 342, by striking ‘‘customs service’’ and inserting ‘‘Customs Service’’; and (B) by amending the item relating to section 3107 to read as follows: ‘‘3107. Trade benefits under the Caribbean Basin Economic Recovery Act.’’. (3) The amendment made by section 111(b) of the Trade Act of 2002 shall be deemed never to have been enacted. 19 USC 2346. 19 USC 3801 note. Deadline. 19 USC 3203 note. 26 USC 5382 note.

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