HR 7222 EAS

To extend the Andean Trade Preference Act, and for other purposes.CommentsClose CommentsPermalink

’, do pass with the followingAMENDMENT:Strike all after the enacting clause and insert the following: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.CommentsClose CommentsPermalink

(a) Extension- Section 208 of the Andean Trade Preference Act (19 U.S.C. 3206) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT.CommentsClose CommentsPermalink

‘(a) In General- No duty-free treatment or other preferential treatment extended to beneficiary countries under this title shall--CommentsClose CommentsPermalink





‘(1) remain in effect with respect to Colombia or Peru after December 31, 2009;CommentsClose CommentsPermalink





‘(2) remain in effect with respect to Ecuador after June 30, 2009, except that duty-free treatment and other preferential treatment under this title shall remain in effect with respect to Ecuador during the period beginning on July 1, 2009, and ending on December 31, 2009, unless the President reviews the criteria set forth in section 203, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that--CommentsClose CommentsPermalink





‘(A) the President has determined that Ecuador does not satisfy the requirements set forth in section 203(c) for being designated as a beneficiary country; andCommentsClose CommentsPermalink





‘(B) in making that determination, the President has taken into account each of the factors set forth in section 203(d); andCommentsClose CommentsPermalink





‘(3) remain in effect with respect to Bolivia after June 30, 2009, except that duty-free treatment and other preferential treatment under this title shall remain in effect with respect to Bolivia during the period beginning on July 1, 2009, and ending on December 31, 2009, only if the President reviews the criteria set forth in section 203, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that--CommentsClose CommentsPermalink





‘(A) the President has determined that Bolivia satisfies the requirements set forth in section 203(c) for being designated as a beneficiary country; andCommentsClose CommentsPermalink





‘(B) in making that determination, the President has taken into account each of the factors set forth in section 203(d).CommentsClose CommentsPermalink





‘(b) Reports- On or before June 30, 2009, the President shall make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) and report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on--CommentsClose CommentsPermalink





‘(1) such determinations; andCommentsClose CommentsPermalink





‘(2) the reasons for such determinations.’.CommentsClose CommentsPermalink





(b) Treatment of Certain Apparel Articles- Section 204(b)(3) of such Act (19 U.S.C. 3203(b)(3)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B)--CommentsClose CommentsPermalink





(A) in clause (iii)--CommentsClose CommentsPermalink





(i) in subclause (II), by striking ‘6 succeeding 1-year periods’ and inserting ‘7 succeeding 1-year periods’; andCommentsClose CommentsPermalink





(ii) in subclause (III)(bb), by striking ‘and for the succeeding 1-year period’ and inserting ‘and for the succeeding 2-year period’; andCommentsClose CommentsPermalink





(B) in clause (v)(II), by striking ‘5 succeeding 1-year periods’ and inserting ‘6 succeeding 1-year periods’; andCommentsClose CommentsPermalink





(2) in subparagraph (E)(ii)(II), by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink

(a) In General- Title IV of the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (Public Law 109-53; 119 Stat. 495) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM.CommentsClose CommentsPermalink

‘(a) Preferential Treatment-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Eligible apparel articles wholly assembled in an eligible country and imported directly from an eligible country shall enter the United States free of duty, without regard to the source of the fabric or yarns from which the articles are made, if such apparel articles are accompanied by an earned import allowance certificate that reflects the amount of credits equal to the total square meter equivalents of fabric in such apparel articles, in accordance with the program established under subsection (b).CommentsClose CommentsPermalink





‘(2) DETERMINATION OF QUANTITY OF SME- For purposes of determining the quantity of square meter equivalents under paragraph (1), the conversion factors listed in ‘Correlation: U.S. Textile and Apparel Industry Category System with the Harmonized Tariff Schedule of the United States of America, 2008’, or its successor publications, of the United States Department of Commerce, shall apply.CommentsClose CommentsPermalink





‘(b) Earned Import Allowance Program-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT- The Secretary of Commerce shall establish a program to provide earned import allowance certificates to any producer or entity controlling production of eligible apparel articles in an eligible country for purposes of subsection (a), based on the elements described in paragraph (2).CommentsClose CommentsPermalink





‘(2) ELEMENTS- The elements referred to in paragraph (1) are the following:CommentsClose CommentsPermalink





‘(A) One credit shall be issued to a producer or an entity controlling production for every two square meter equivalents of qualifying fabric that the producer or entity controlling production can demonstrate that it has purchased for the manufacture in an eligible country of articles like or similar to any article eligible for preferential treatment under subsection (a). The Secretary of Commerce shall, if requested by a producer or entity controlling production, create and maintain an account for such producer or entity controlling production, into which such credits may be deposited.CommentsClose CommentsPermalink





‘(B) Such producer or entity controlling production may redeem credits issued under subparagraph (A) for earned import allowance certificates reflecting such number of earned credits as the producer or entity may request and has available.CommentsClose CommentsPermalink





‘(C) Any textile mill or other entity located in the United States that exports qualifying fabric to an eligible country may submit, upon such export or upon request, the Shipper’s Export Declaration, or successor documentation, to the Secretary of Commerce--CommentsClose CommentsPermalink





‘(i) verifying that the qualifying fabric was exported to a producer or entity controlling production in an eligible country; andCommentsClose CommentsPermalink





‘(ii) identifying such producer or entity controlling production, and the quantity and description of qualifying fabric exported to such producer or entity controlling production.CommentsClose CommentsPermalink





‘(D) The Secretary of Commerce may require that a producer or entity controlling production submit documentation to verify purchases of qualifying fabric.CommentsClose CommentsPermalink





‘(E) The Secretary of Commerce may make available to each person or entity identified in the documentation submitted under subparagraph (C) or (D) information contained in such documentation that relates to the purchase of qualifying fabric involving such person or entity.CommentsClose CommentsPermalink





‘(F) The program shall be established so as to allow, to the extent feasible, the submission, storage, retrieval, and disclosure of information in electronic format, including information with respect to the earned import allowance certificates required under subsection (a)(1).CommentsClose CommentsPermalink





‘(G) The Secretary of Commerce may reconcile discrepancies in the information provided under subparagraph (C) or (D) and verify the accuracy of such information.CommentsClose CommentsPermalink





‘(H) The Secretary of Commerce shall establish procedures to carry out the program under this section by September 30, 2008, and may establish additional requirements to carry out the program.CommentsClose CommentsPermalink





‘(c) Definitions- For purposes of this section--CommentsClose CommentsPermalink





‘(1) the term ‘appropriate congressional committees’ means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate;CommentsClose CommentsPermalink





‘(2) the term ‘eligible apparel articles’ means the following articles classified in chapter 62 of the HTS (and meeting the requirements of the rules relating to chapter 62 of the HTS contained in general note 29(n) of the HTS) of cotton (but not of denim): trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts, and pants;CommentsClose CommentsPermalink





‘(3) the term ‘eligible country’ means the Dominican Republic; andCommentsClose CommentsPermalink





‘(4) the term ‘qualifying fabric’ means woven fabric of cotton wholly formed in the United States from yarns wholly formed in the United States and certified by the producer or entity controlling production as being suitable for use in the manufacture of apparel items such as trousers, bib and brace overalls, breeches and shorts, skirts and divided skirts or pants, all the foregoing of cotton, except that--CommentsClose CommentsPermalink





‘(A) fabric otherwise eligible as qualifying fabric shall not be ineligible as qualifying fabric because the fabric contains nylon filament yarn with respect to which section 213(b)(2)(A)(vii)(IV) of the Caribbean Basin Economic Recovery Act applies;CommentsClose CommentsPermalink





‘(B) fabric that would otherwise be ineligible as qualifying fabric because the fabric contains yarns not wholly formed in the United States shall not be ineligible as qualifying fabric if the total weight of all such yarns is not more than 10 percent of the total weight of the fabric, except that any elastomeric yarn contained in an eligible apparel article must be wholly formed in the United States; andCommentsClose CommentsPermalink





‘(C) fabric otherwise eligible as qualifying fabric shall not be ineligible as qualifying fabric because the fabric contains yarns or fibers that have been designated as not commercially available pursuant to--CommentsClose CommentsPermalink





‘(i) article 3.25(4) or Annex 3.25 of the Agreement;CommentsClose CommentsPermalink





‘(ii) Annex 401 of the North American Free Trade Agreement;CommentsClose CommentsPermalink





‘(iii) section 112(b)(5) of the African Growth and Opportunity Act;CommentsClose CommentsPermalink





‘(iv) section 204(b)(3)(B)(i)(III) or (ii) of the Andean Trade Preference Act;CommentsClose CommentsPermalink





‘(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the Caribbean Basin Economic Recovery Act; orCommentsClose CommentsPermalink





‘(vi) any other provision, relating to determining whether a textile or apparel article is an originating good eligible for preferential treatment, of a law that implements a free trade agreement entered into by the United States that is in effect at the time the claim for preferential treatment is made.CommentsClose CommentsPermalink





‘(d) Review and Report-CommentsClose CommentsPermalink





‘(1) REVIEW- The United States International Trade Commission shall carry out a review of the program under this section annually for the purpose of evaluating the effectiveness of, and making recommendations for improvements in, the program.CommentsClose CommentsPermalink





‘(2) REPORT- The United States International Trade Commission shall submit to the appropriate congressional committees annually a report on the results of the review carried out under paragraph (1).CommentsClose CommentsPermalink





‘(e) Effective Date and Applicability-CommentsClose CommentsPermalink





‘(1) EFFECTIVE DATE- The program under this section shall be in effect for the 10-year period beginning on the date on which the President certifies to the appropriate congressional committees that sections A, B, C, and D of the Annex to Presidential Proclamation 8213 (December 20, 2007) have taken effect.CommentsClose CommentsPermalink





‘(2) APPLICABILITY- The program under this section shall apply with respect to qualifying fabric exported to an eligible country on or after August 1, 2007.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents for the Dominican Republic-Central America-United States Free Trade Agreement Implementation Act is amended by inserting after the item relating to section 403 the following:CommentsClose CommentsPermalink





‘Sec. 404. Earned import allowance program.’.CommentsClose CommentsPermalink

(a) In General- Section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(6)(A), by striking ‘ethic’ in the second sentence and inserting ‘ethnic’; andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘, and subject to paragraph (2),’;CommentsClose CommentsPermalink





(B) by striking paragraphs (2) and (3);CommentsClose CommentsPermalink





(C) in paragraph (4)--CommentsClose CommentsPermalink





(i) by striking ‘Subsection (b)(3)(C)’ and inserting ‘Subsection (b)(3)(B)’; andCommentsClose CommentsPermalink





(ii) by redesignating such paragraph (4) as paragraph (2); andCommentsClose CommentsPermalink





(D) by striking paragraph (5) and inserting the following:CommentsClose CommentsPermalink





‘(3) DEFINITION- In this subsection, the term ‘lesser developed beneficiary sub-Saharan African country’ means--CommentsClose CommentsPermalink





‘(A) a beneficiary sub-Saharan African country that had a per capita gross national product of less than $1,500 in 1998, as measured by the International Bank for Reconstruction and Development;CommentsClose CommentsPermalink





‘(B) Botswana;CommentsClose CommentsPermalink





‘(C) Namibia; andCommentsClose CommentsPermalink





‘(D) Mauritius.’.CommentsClose CommentsPermalink





(b) Applicability- The amendments made by subsection (a) apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Review and Reports-CommentsClose CommentsPermalink





(1) ITC REVIEW AND REPORT-CommentsClose CommentsPermalink





(A) REVIEW- The United States International Trade Commission shall conduct a review to identify yarns, fabrics, and other textile and apparel inputs that through new or increased investment or other measures can be produced competitively in beneficiary sub-Saharan African countries.CommentsClose CommentsPermalink





(B) REPORT- Not later than 7 months after the date of the enactment of this Act, the United States International Trade Commission shall submit to the appropriate congressional committees and the Comptroller General a report on the results of the review carried out under subparagraph (A).CommentsClose CommentsPermalink





(2) GAO REPORT- Not later than 90 days after the submission of the report under paragraph (1)(B), the Comptroller General shall submit to the appropriate congressional committees a report that, based on the results of the report submitted under paragraph (1)(B) and other available information, contains recommendations for changes to United States trade preference programs, including the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.) and the amendments made by that Act, to provide incentives to increase investment and other measures necessary to improve the competitiveness of beneficiary sub-Saharan African countries in the production of yarns, fabrics, and other textile and apparel inputs identified in the report submitted under paragraph (1)(B), including changes to requirements relating to rules of origin under such programs.CommentsClose CommentsPermalink





(3) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





(A) the term ‘appropriate congressional committees’ means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; andCommentsClose CommentsPermalink





(B) the term ‘beneficiary sub-Saharan African countries’ has the meaning given the term in section 506A(c) of the Trade Act of 1974 (19 U.S.C. 2466a(c)).CommentsClose CommentsPermalink





(d) Clerical Amendment- Section 6002(a)(2)(B) of Public Law 109-432 is amended by striking ‘(B) by striking’ and inserting ‘(B) in paragraph (3), by striking’.CommentsClose CommentsPermalink

Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking ‘December 31, 2008’ and inserting ‘December 31, 2009’.CommentsClose CommentsPermalink

(a) In General- Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘November 14, 2017’ and inserting ‘February 14, 2018’; andCommentsClose CommentsPermalink





(2) in subparagraph (B)(i), by striking ‘October 7, 2017’ and inserting ‘January 31, 2018’.CommentsClose CommentsPermalink





(b) Repeal- Section 15201 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246) is amended by striking subsections (c) and (d).CommentsClose CommentsPermalink

The percentage under subparagraph (C) of section 401(1) of the Tax Increase Prevention and Reconciliation Act of 2005 in effect on the date of the enactment of this Act is increased by 2 percentage points.CommentsClose CommentsPermalink

Section 15402 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246) is amended--CommentsClose CommentsPermalink





(1) in subsections (a) and (b), by striking ‘Carribean’ each place it appears and inserting ‘Caribbean’; andCommentsClose CommentsPermalink





(2) in subsection (d), by striking ‘231A(b)’ and inserting ‘213A(b)’.CommentsClose CommentsPermalink

Attest: Secretary.