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(2) RETROACTIVE APPLICATION.—Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, and subject to paragraph (4), the entry of any article

(A) that was made on or after January 1, 2002, and

(B) to which duty-free treatment would have applied if the amendment made by this section had been in effect

on the date of such entry, shall be liquidated or reliquidated as if such duty-free treatment applied, and the Secretary of the Treasury shall refund any duty paid with respect to such entry.

(3) ENTRY.-As used in this subsection, the term "entry" includes a withdrawal from warehouse for consumption.

(4) REQUESTS.-Liquidation or reliquidation may be made under paragraph (2) 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, that contains sufficient information to enable the Customs Service

(A) to locate the entry; or

(B) to reconstruct the entry if it cannot be located. SEC. 5203. SUGAR TARIFF-RATE QUOTA CIRCUMVENTION.

(a) IN GENERAL.- Chapter 17 of the Harmonized Tariff Schedule of the United States is amended in the superior text to subheading 1702.90.05 by striking "Containing” and all that follows through “solids:” and inserting the following:

"Containing soluble non-sugar solids (excluding any foreign substances, including but not limited to molasses, that may have been added to or developed in the product) equal to 6 percent or less by weight of the total soluble solids:”.

(b) MONITORING FOR CIRCUMVENTION.-The Secretary of Agriculture and the Commissioner of Customs shall continuously monitor imports of sugar and sugar-containing products provided for in chapters 17, 18, 19, and 21 of the Harmonized Tariff Schedule of the United States, other than molasses imported for use in animal feed or the production of rum and articles prepared for marketing to the ultimate consumer in the form and package in which imported, for indications that an article is being used to circumvent a tariff-rate quota provided for in those chapters. The Secretary and Commissioner shall specifically examine imports of articles provided for in subheading 1703.10.30 of the Harmonized Tariff Schedule of the United States.

(c) REPORTS AND RECOMMENDATIONS. – The Secretary and the Deadline. Commissioner shall report their findings to Congress and the President not later than 180 days after the date of enactment of this Act and every 6 months thereafter. The reports shall include data and a description of developments and trends in the composition of trade of articles provided for in the chapters of the Harmonized Tariff Schedule of the United States identified in subsection (b) and any indications of circumvention that may exist. The reports shall also include recommendations for ending such circumvention, including recommendations for legislation.

Approved August 6, 2002.

LEGISLATIVE HISTORY-H.R. 3009 (S. 2485):
HOUSE REPORTS: Nos. 107–290 (Comm. on Ways and Means) and 107–624

(Comm. of Conference).
SENATE REPORTS: No. 107–126 (Comm. on Finance).
CONGRESSIONAL RECORD:

Vol. 147 (2001): Nov. 16, considered and passed House.
Vol. 148 (2002): May 1, 2, 6, 8–10, 13–17, 20–23, considered and passed

Senate, amended.
June 26, House concurred in Senate amendment with an

amendment pursuant to H. Res. 450.
July 26, House agreed to conference report.

Aug. 1, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Aug. 6, Presidential remarks.

Aug. 21, 2002

[H.R. 223]

Public Law 107-211
107th Congress

An Act
To amend the Clear Creek County, Colorado, Public Lands Transfer Act of 1993

to provide additional time for Clear Creek County to dispose of certain lands
transferred to the county under the Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5(c)(2) of the Clear Creek County, Colorado, Public Lands Transfer Act of 1993 (Public Law 103–253; 108 Stat. 677) is amended by striking "the date 10 years after the date of enactment of this Act” and by inserting “May 19, 2015”.

Approved August 21, 2002.

LEGISLATIVE HISTORY-H.R. 223:
SENATE REPORTS: No. 107–198 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:

Vol. 147 (2001): Mar. 13, considered and passed House.
Vol. 148 (2002): Aug. 1, considered and passed Senate.

Public Law 107-212 107th Congress

An Act To provide for the determination of withholding tax rates under the Guam income Aug. 21, 2002 tax.

(H.R. 309] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Guam Foreign

Investment SECTION 1. SHORT TITLE.

Equity Act.

48 USC 1421 This Act may be cited as the "Guam Foreign Investment Equity note. Act”.

SEC. 2. AMENDMENT TO THE ORGANIC ACT OF GUAM.

(a) IN GENERAL.-Subsection (d) of section 31 of the Organic Act of Guam (48 U.S.C. 1421i) is amended by adding at the end the following new paragraph:

“(3) In applying as the Guam Territorial income tax the incometax laws in force in Guam pursuant to subsection (a) of this section, the rate of tax under sections 871, 881, 884, 1441, 1442, 1443, 1445, and 1446 of the Internal Revenue Code of 1986 on any item of income from sources within Guam shall be the same as the rate which would apply with respect to such item were Guam treated as part of the United States for purposes of the treaty obligations of the United States. The preceding sentence shall not apply to determine the rate of tax on any item of income received from a Guam payor if, for any taxable year, the taxes of the Guam payor were rebated under Guam law. For purposes of this subsection, the term “Guam payor' means the person from whom the item of income would be deemed to be received for purposes of claiming treaty benefits were Guam treated as part of the United States.".

(b) EFFECTIVE DATE.—The amendment made by subsection (a) Applicability. shall apply to amounts paid after the date of the enactment of 48 USC 1421i the Act.

note.

Approved August 21, 2002.

LEGISLATIVE HISTORY-H.R. 309:
HOUSE REPORTS: No. 107–48 (Comm. on Resources).
SENATE REPORTS: No. 107–173 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:

Vol. 147 (2001): May 1, considered and passed House.
Vol. 148 (2002): Aug. 1, considered and passed Senate.

Public Law 107-213
107th Congress

An Act

Aug. 21, 2002 To redesignate certain lands within the Craters of the Moon National Monument, [H.R. 601]

and for other purposes. Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, 16 USC 431 note, SECTION 1. SPECIAL MANAGEMENT REQUIREMENTS FOR FEDERAL 698w.

LANDS RECENTLY ADDED TO CRATERS OF THE MOON

NATIONAL MONUMENT, IDAHO. (a) REDESIGNATION.—The approximately 410,000 acres of land added to the Craters of the Moon National Monument by Presidential Proclamation 7373 of November 9, 2000, and identified on the map accompanying the Proclamation for administration by the National Park Service, shall, on and after the date of enactment of this Act, be known as the "Craters of the Moon National Preserve". (b) ADMINISTRATION.—

(1) IN GENERAL.-Except as provided by paragraph (2), the Craters of the Moon National Preserve shall be administered in accordance with

(A) Presidential Proclamation 7373 of November 9, 2000;

(B) the Act of June 8, 1906, (commonly referred to as the "Antiquities Act"; 34 Stat. 225; 16 U.S.C. 431); and

(C) the laws generally applicable to units of the National Park System, including the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1 et seq.).

(2) HUNTING.–The Secretary of the Interior shall permit hunting on lands within the Craters of the Moon National Preserve in accordance with the applicable laws of the United States and the State of Idaho. The Secretary, in consultation with the State of Idaho, may designate zones where, and establish periods when, no hunting may be permitted for reasons of public safety, protection of the area's resources, administration, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting shall be put into effect only after consultation with the State of Idaho.

Approved August 21, 2002.

LEGISLATIVE HISTORY-H.R. 601:
HOUSE REPORTS: No. 107–34 (Comm. on Resources).
SENATE REPORTS: No. 107–181 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:

Vol. 147 (2001): May 1, considered and passed House.
Vol. 148 (2002): Aug. 1, considered and passed Senate.

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