S 433 ISCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 433CommentsClose CommentsPermalink

To extend certain trade preference programs, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 2, 2011CommentsClose CommentsPermalink

Mr. SESSIONS introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To extend certain trade preference programs, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Free and Fair Trade Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.

(a) Extension- Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is amended by striking ‘December 31, 2010’ and inserting ‘June 30, 2012’.CommentsClose CommentsPermalink





(b) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendment made by subsection (a) shall apply to goods entered on or after the 15th day after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article (other than an article described in section 503(b)(5) of the Trade Act of 1974, as amended by section 3(a) of this Act) to which duty-free treatment under title V of the Trade Act of 1974 would have applied if the entry had been made on December 31, 2010, that was made--CommentsClose CommentsPermalink





(i) after December 31, 2010; andCommentsClose CommentsPermalink





(ii) before the 15th day after the date of the enactment of this Act,CommentsClose CommentsPermalink





shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(B) REQUESTS- A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection--CommentsClose CommentsPermalink





(i) to locate the entry; orCommentsClose CommentsPermalink





(ii) to reconstruct the entry if it cannot be located.CommentsClose CommentsPermalink





(C) PAYMENT OF AMOUNTS OWED- Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).CommentsClose CommentsPermalink





(3) DEFINITION- As used in this subsection, the term ‘entry’ includes a withdrawal from warehouse for consumption.CommentsClose CommentsPermalink

SEC. 3. INELIGIBILITY OF CERTAIN SLEEPING BAGS FOR PREFERENTIAL TREATMENT UNDER THE GENERALIZED SYSTEM OF PREFERENCES.

(a) In General- Section 503(b) of the Trade Act of 1974 (19 U.S.C. 2463(b)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) CERTAIN SLEEPING BAGS- An article classifiable under subheading 9404.30.80 of the Harmonized Tariff Schedule of the United States shall not be an eligible article for purposes of subsection (a).’.CommentsClose CommentsPermalink





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

SEC. 4. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.

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





(1) in paragraph (1)(A), by striking ‘February 12, 2011’ and inserting ‘June 30, 2012’; andCommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘February 12, 2011’ and inserting ‘June 30, 2012’.CommentsClose CommentsPermalink





(b) Treatment of Certain Apparel Articles- Section 204(b)(3) of the Andean Trade Preference 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 ‘8 succeeding 1-year periods’ and inserting ‘9 succeeding 1-year periods’; andCommentsClose CommentsPermalink





(ii) in subclause (III)(bb), by striking ‘and for the succeeding 3-year period’ and inserting ‘and for the succeeding 4-year period’; andCommentsClose CommentsPermalink





(B) in clause (v)(II), by striking ‘7 succeeding 1-year periods’ and inserting ‘8 succeeding 1-year periods’; andCommentsClose CommentsPermalink





(2) in subparagraph (E)(ii)(II), by striking ‘February 12, 2011’ and inserting ‘June 30, 2012’.CommentsClose CommentsPermalink





(c) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by this section shall apply to articles entered on or after the 15th day after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS-CommentsClose CommentsPermalink





(A) IN GENERAL- Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law and subject to subparagraph (B), any entry of an article to which duty-free treatment or other preferential treatment under the Andean Trade Preference Act would have applied if the entry had been made on February 12, 2011, that was made--CommentsClose CommentsPermalink





(i) after February 12, 2011; andCommentsClose CommentsPermalink





(ii) before the 15th day after the date of the enactment of this Act,CommentsClose CommentsPermalink





shall be liquidated or reliquidated as though such entry occurred on the date that is 15 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(B) REQUESTS- A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection--CommentsClose CommentsPermalink





(i) to locate the entry; orCommentsClose CommentsPermalink





(ii) to reconstruct the entry if it cannot be located.CommentsClose CommentsPermalink





(C) PAYMENT OF AMOUNTS OWED- Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be).CommentsClose CommentsPermalink





(3) DEFINITION- As used in this subsection, the term ‘entry’ includes a withdrawal from warehouse for consumption.CommentsClose CommentsPermalink

SEC. 5. OFFSET.

(a) In General- Notwithstanding any other provision of law, of all unobligated Federal funds available, $2,300,000,000 in appropriated discretionary unexpired funds are rescinded.CommentsClose CommentsPermalink





(b) Implementation- Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall--CommentsClose CommentsPermalink





(1) identify the accounts and amounts rescinded to implement subsection (a); andCommentsClose CommentsPermalink





(2) submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph (1) for rescission.CommentsClose CommentsPermalink





(c) Exception- This section shall not apply to the unobligated Federal funds of the Department of Defense or the Department of Veterans Affairs.CommentsClose CommentsPermalink

SEC. 6. COMPLIANCE WITH PAYGO.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink