Miscellaneous Trade and Technical Corrections Act of 1998

TABLE OF CONTENTS:

Title I: Miscellaneous Trade Corrections

Title II: Temporary Duty Suspensions and Reductions; Other

Trade Provisions

Subtitle A: Temporary Duty Suspensions and Reductions

Subtitle B: Other Trade Provisions

Title III: Amendments to Internal Revenue Code of 1986

Miscellaneous Trade and Technical Corrections Act of 1998 - Title I: Miscellaneous Trade Corrections - Makes various specified miscellaneous technical corrections to the Trade Act of 1974 and other specified Federal law involving: (1) abolishment of the East-West Foreign Trade Board; (2) repeal of the requirement that certain small vessels departing from a foreign port, or which visited a hovering vessel, carry a certificate for the importation into the United States of alcoholic spirits; (3) repeal of the exemption of documented tugs with a Great Lakes endorsement from certain entry and clearance requirements; (4) change of general most-favored-nation (MFN) status to general or normal trade relations (NTR) status under the Harmonized Tariff Schedule of the United States; and (5) conforming amendments to obsolete references to the General Agreement on Tariffs and Trade (GATT).

(Sec. 1003) Amends the Harmonized Tariff Schedule of the United States to allow certain entries of television receivers, monitors, and picture tubes, and combination TV-VCRs with a diagonal measurement of up to 34.29cm (currently, 33.02 cm), or 13.5 inches, to be classified as 13 inches for purposes of tariff treatment under the Schedule. Directs the Customs Service, upon proper request, to liquidate or reliquidate certain entries made on or after January 1, 1995, and before 15 days after enactment of this Act, as if such amendment applied to such entries.

Title II: Temporary Duty Suspensions and Reductions; Other Trade Provisions - Subtitle A: Temporary Duty Suspensions and Reductions - Amends the Harmonized Tariff Schedule of the United States to provide for temporary duty suspensions for: (1) specified chemicals and dyes through December 31, 2001; (2) snowboard boots with uppers of textile materials through December 31, 2001; (3) ink-jet textile printing machinery through December 31, 2001; (4) textile printing machinery through December 31, 2001; (5) substrates of synthetic quartz or synthetic fused silica imported into the United States in bulk or in forms or packages for retail sale through December 31, 2001; (6) power weaving machines (looms), shuttle type, for weaving fabrics between 30 cm and 4.9m in width, if entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames or beams, through December 31, 2001; (7) skating boots for use in the manufacture of in-line roller skates through December 31, 2001; (8) dual thrust chamber rocket engines, each having a maximum static sea level thrust exceeding 3,550 kN and nozzle exit diameter exceeding 127cm, through December 31, 2001; (9) certain manufacturing equipment through December 31, 2001; (10) textured rolled glass sheets through December 31, 2001; (11) certain anti-HIV drug substances through June 30, 1999; (12) certain high-performance loudspeakers not mounted in their enclosures, through December 31, 2001; (13) parts for use in the manufacture of certain high-performance loudspeakers through December 31, 2001; (14) textile doubling or twisting machines through December 31, 1998; and (15) certain polymers through December 31, 2001.

(Sec. 2129) Reduces the duty on a certain dye and on certain chemicals variously through December 31, 1998, December 31, 1999, December 31, 2000, and December 31, 2001.

(Sec. 2161) Reduces the duty, for December 31, 1998, and December 31, 2001, respectively, on weaving machines (looms), shuttleless type, for weaving fabrics between 30cm and 4.9m in width, entered without off-loom or large loom takeups, drop wires, heddles, reeds, harness frames, or beams.

Subtitle B: Other Trade Provisions - Amends the Harmonized Tariff Schedule of the United States to extend to certain fine jewelry certain trade benefits of insular possessions of the United States.

(Sec. 2401) Mandates treatment as a product of the Virgin Islands, Guam, or American Samoa, during 1999 and 2000, of any article of jewelry assembled in such territory or possession.

(Sec. 2402) Provides for the tariff treatment of certain components of scientific instruments and apparatus, as well as the application of the domestic equivalency test to such components.

(Sec. 2403) Directs the U.S. Customs Service to liquidate or reliquidate (refund duty on) certain entries made at Los Angeles, California, and New Orleans, Louisiana, in accordance with the final decision of the International Trade Administration for shipments entered between October 1, 1984, and December 14, 1987 (case number A- 274-001).

(Sec. 2404) Amends the Tariff Act of 1930 to provide that packaging material produced in the United States (currently, any packaging material), which is used by the manufacturer or any other person on or for articles which are exported or destroyed, shall also be eligible for a refund (drawback) of 99 percent of any duty, tax, or fee imposed on the importation of such material used to manufacture or produce the packaging material.

(Sec. 2405) Directs the Secretary of the Treasury, by January 1, 2000, to provide for the inclusion of commercial importation data from foreign-trade zones in the National Customs Automation Program (an automated and electronic system for processing commercial importations).

(Sec. 2406) Permits the deferral (until sale) of duty payment on any large yacht (a vessel exceeding 79 feet in length and used primarily for recreation or pleasure) that is imported for sale at a boat show, if the importer of record: (1) certifies to the Customs Service that it is imported for sale at a boat show in the United States; and (2) posts a bond in an amount equal to twice the amount of the duty ordinarily owed on such yacht.

(Sec. 2407) Directs the appropriate customs officer to allow or deny within 30 days after the filing date any application for further review with respect to a protest to a decision of the Customs Service. Requires that any allowed protest be forwarded to the customs officer who will conduct the further review.

(Sec. 2408) Authorizes the Customs Service, notwithstanding the fact that a valid protest was not filed, to reliquidate an entry to refund merchandise processing fees paid on goods qualifying under the North American Free Trade Agreement (NAFTA) rules of origin for which no claim for preferential tariff treatment was made at the time of importation, provided that the importer meets certain conditions.

(Sec. 2409) Authorizes the entry or withdrawal from a warehouse of international travel merchandise subject to a duty.

(Sec. 2410) Revises requirements with respect to the five-year review by the administering authority and the International Trade Commission of countervailing duty or antidumping duty orders, notices of injury determination, or determinations to continue an order or suspension agreement. Excludes from the computation of the five-year period preceding such a review any period during which the importation of the subject merchandise is prohibited on account of U.S. imposition of certain sanctions under the International Emergency Economic Powers Act or other Federal law against the country in which such merchandise originates, if that country is not a member of the World Trade Organization.

(Sec. 2411) Applies the rates of duty effective after December 31, 1994, under the Harmonized Tariff Schedule of the United States, if lower, to certain water resistant wool trousers that were entered, or withdrawn from warehouse for consumption, after December 31, 1988, and before January 1, 1995.

(Sec. 2412) Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of previously imported goods for which a duty was paid if they are: (1) exported within three years after the date of such previous importation; (2) sold for exportation and exported to individuals for personal use; (3) reimported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad; (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation; and (5) reimported by or for the account of the person who exported them from the United States within one year of such exportation.

(Sec. 2413) Grants duty-free treatment, through December 31, 2002, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections.

(Sec. 2414) Directs the U.S. Customs Service, upon request, to liquidate or reliquidate (refund duty on) certain entries (filed at the port of Los Angeles) of indirect electrostatic copiers at the rate of duty that would have been applicable to such merchandise if they had been liquidated or reliquidated at a duty rate applicable to other automated data processing (ADP) thermal transfer printer units on the date of entry.

(Sec. 2415) Directs the U.S. Customs Service to provide for the liquidation or reliquidation (refund) of certain entries in accordance with the provisions of Treasury Decision 86-126(M) and Customs Ruling No. 224697, dated November 17, 1994.

(Sec. 2417) Amends the Tariff Act of 1930 to authorize duty-free sales enterprises to be located, among other places, within a port of entry, or within 25 statute miles of a staffed port of entry, if reasonable assurance can be provided that the duty-free merchandise sold by the enterprise will be exported by individuals departing from the customs territory through an international airport located within the territory.

(Sec. 2418) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to continue, indefinitely, the use of customs user fees (to the extent funds remain available after making certain reimbursements) for salaries for up to 50 full-time equivalent inspectional positions to provide preclearance customs services.

Decreases from $6.50 to $5 the customs user fee charged to each passenger that arrives aboard a commercial vessel or commercial aircraft from a place outside the U.S. customs (except $1.75 shall be charged to each passenger aboard a commercial vessel that arrives from Canada, Mexico, a U.S. territory or possession, or an adjacent island). Earmarks a specified amount of certain customs user fees to the Customs Service for automated commercial systems.

Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the Customs Service.

Amends the Tariff Act of 1930 to authorize the Secretary, for a specified period, to prescribe an alternative mid-point interest accounting methodology, which may be employed by the importer, based upon aggregate data in lieu of accounting for such interest from each deposit data provided.

(Sec. 2419) Allows a duty drawback (refund of duty) for methyl tertiary-butyl ether (MTBE), a finished petroleum derivative, provided certain requirements are met.

(Sec. 2420) Revises the methodology used to calculate the drawback (refund of duties) on the export of finished petroleum derivatives that have been manufactured with (substituted for) a qualified article which is of the same kind and quality (whether imported duty-paid or domestic). Redefines the term "qualified article" to include certain manufactured articles (primary forms), including articles of the same kind and quality, or any combination thereof, that are transferred as certified in a certificate of delivery or certificate of manufacture and delivery to an exporter in a quantity not greater than the quantity of articles purchased or exchanged for use in the manufactured article.

(Sec. 2421) Directs the U.S. Customs Service, upon proper request, to: (1) liquidate or reliquidate as if the special column one duty rate applicable for Canada applied to certain entries of mueslix cereal; and (2) refund to the importer any excess duties paid with respect to such entries.

(Sec. 2422) Directs the Foreign Trade Zones Board to expand Foreign Trade Zone No. 143 to include areas in the vicinity of the Chico Municipal Airport in accordance with the application submitted to the Board by the Sacramento-Yolo Port District of Sacramento, California, on March 11, 1997.

(Sec. 2423) Amends the Tariff Act of 1930 to exempt certain woven fabrics containing silk or silk waste from the country of origin marking requirements.

(Sec. 2424) Authorizes the President to: (1) determine that title IV of the Trade Act of 1974 (denying nondiscriminatory treatment to the products of certain countries) should no longer apply to Mongolia; and (2) based upon such determination, extend nondiscriminatory treatment (normal trade relations treatment) to Mongolian products.

(Sec. 2425) Authorizes the Commissioner of the Customs Service to establish a one-year pilot program to provide 24-hour cargo inspection service on a fee-for-service basis at a certain international airport.

(Sec. 2426) Directs the Department of Defense to permit the dependent children of deceased U.S. Customs Aviation Group Supervisor Pedro J. Rodriquez attending the Antilles Consolidated School System at Ford Buchanan, Puerto Rico, to complete their primary and secondary education without cost to them or any parent or relative.

Title III: Amendments To Internal Revenue Code of 1986 - Amends the Internal Revenue Code to revise provisions concerning a corporation, its shareholders, and the transferring of certain assets and liabilities.