118 STAT. 939 PUBLIC LAW 108–286—AUG. 3, 2004 (o) PRESIDENTIAL PROCLAMATION AUTHORITY.— (1) IN GENERAL.—The President is authorized to proclaim, as part of the HTS— (A) the provisions set out in Annex 4–A and Annex 5–A of the Agreement; and (B) any additional subordinate category necessary to carry out this title consistent with the Agreement. (2) MODIFICATIONS.— (A) IN GENERAL.—Subject to the consultation and lay over provisions of section 104, the President may proclaim modifications to the provisions proclaimed under the authority of paragraph (1)(A), other than provisions of chap ters 50 through 63 of the HTS, as included in Annex 4–A of the Agreement. (B) ADDITIONAL PROCLAMATIONS.—Notwithstanding subparagraph (A), and subject to the consultation and lay over provisions of section 104, the President may proclaim— (i) modifications to the provisions proclaimed under the authority of paragraph (1)(A) as are necessary to implement an agreement with Australia pursuant to article 4.2.5 of the Agreement; and (ii) before the end of the 1 year period beginning on the date of the enactment of this Act, modifications to correct any typographical, clerical, or other nonsub stantive technical error regarding the provisions of chapters 50 through 63 of the HTS, as included in Annex 4–A of the Agreement. SEC. 204. CUSTOMS USER FEES. Section 13031(b) of the Consolidated Omnibus Budget Reconcili ation Act of 1985 (19 U.S.C. 58c(b)) is amended by adding after paragraph (13) the following: ‘‘(14) No fee may be charged under subsection (a) (9) or (10) with respect to goods that qualify as originating goods under section 203 of the United States Australia Free Trade Agreement Imple mentation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.’’. SEC. 205. DISCLOSURE OF INCORRECT INFORMATION. Section 592(c) of the Tariff Act of 1930 (19 U.S.C. 1592(c)) is amended— (1) by redesignating paragraph (8) as paragraph (9); and (2) by inserting after paragraph (7) the following new para graph: ‘‘(8) PRIOR DISCLOSURE REGARDING CLAIMS UNDER THE UNITED STATES AUSTRALIA FREE TRADE AGREEMENT.— ‘‘(A) IN GENERAL.—An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 203 of the United States Australia Free Trade Agreement Implementation Act if the importer, in accord ance with regulations issued by the Secretary of the Treasury, voluntarily and promptly makes a corrected dec laration and pays any duties owing. ‘‘(B) TIME PERIODS FOR MAKING CORRECTIONS.—In the regulations referred to in subparagraph (A), the Secretary Regulations. 19 USC 3805 note. 19 USC 3805 note.
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