Clerk session vote number: 121
Description: SHIPBUILDING TRADE REFORM ACT OF 1992
Bill summary: Title I: Fair Trade for the Commercial Shipbuilding and Repair Industry
- Shipbuilding Trade Reform Act of 1992 - Amends the Tariff Act of 1930 to require the administering authority to investigate and establish a list of all foreign shipyards that receive or benefit from subsidies for the construction or repair of passenger, cargo, or fishing vessels. Requires the administering authority to list a foreign shipyard for a period of at least five years if it determines that such shipyard: (1)
provided false or misleading information during an investigation; or (2) received or benefitted from new construction subsidies after a finding that it was not subsidized.
Requires such a vessel in order to enter a United States port, to deposit with the appropriate customs officer a: (1) construction subsidy certification that attests that its construction meets one of specified requirements regarding the presence or absence of such subsidies; (2) subsidy delcaration for foreign-made repairs to such a vessel since it last entered the United States; and (3) surety bond in an amount equal to at least two time the dollar value of any such repairs.
Makes it an unlawful act to: (1) present an altered subsidy certification; or (2) enter or fail to leave the United States without such a certification.
Subjects foreign-made vessels to countervailing duty and antidumping duty provisions.
Amends the Merchant Marine Act, 1936 to redefine the term "privately owned United States-flag commercial vessels" so as to allow foreign-built vessels that were constructed without aid of a subsidy in a foreign shipyard after October 16, 1991, to carry Government impelled cargo without first having to be documented as a U.S. vessel for a three-year period.
Redifines the term "new vessel" to make U.S.-flag vessel owners eligible for Title XI loan guarantees under the construction reserve fund for the construction and acquisition of foreign-built vessels.
Adds, as a condition for the Secretary of Transportation's (Secretary) approval of U.S.-flag vessel owners' applications for operating-differential subsidies for foreign-built vessels that provide an essential service in the foreign commerce of the United States or in off-season cruises, that such vessels were constructed without aid of a subsidy and after October 16, 1991.
Prohibits the Secretary from guaranteeing construction loans to U.S.-flag vessel owners unless a vessel: (1) was built in the United States; or (2) if foreign-built under a contract entered into after October 16, 1991, was built without the aid of a subsidy. Requires the Secretary, when making such guarantees, to give priority to vessels that will be engaged in coastwide trade over vessels that will be engaged in foreign commerce.
Title II: Repeal of Coast Guard Recreational Boat User Fee
- Amends Federal law to terminate on September 30, 1994, the mandate imposing fees on owners or operators of recreational vessels over 16 feet in length. Sets forth a schedule for the imposition of such fees for FY 1993 through 1994. Prohibits the imposition of such fees on any vessel of 16 feet or less in length.
Requires common carriers and conferences to file electronically with the Federal Maritime Commission all tariffs and essential terms of service contracts required to be filed by specified provisions of the Shipping Act, 1916 and the Intercoastal Shipping Act, 1933. Requires the Commission to: (1) make available electronically to any person all tariff information and essential terms of service contracts filed in the Automated Tariff Filing and Information System database, and all tariff information in the System enhanced electronically by the Commission at any time; and (2) charge fees for such access and copies. Exempts Federal agencies from such fees. Prohibits such fees from being charged after September 30, 1995. Provides for monetary penalties for failure to pay the fees. Sets forth procedures for implementation of automatic filing, including directing the Secretary of the Treasury to make available a specified sum as a repayable advance, to be repaid from the fees collected. Requires deposit of fees, after repayment of that advance, in the general fund of the Treasury as offsetting receipts.
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Bill titles: To amend the Tariff Act of 1930 to require that subsidy information regarding vessels be provided upon entry within customs collection districts and to provide effective trade remedies under the countervailing and antidumping duty laws against foreign-built ships that are subsidized or dumped.
Links for more info on the vote: congress.gov