[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5264 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 5264
To extend certain trade preference programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2008
Mr. Rangel introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To extend certain trade preference programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Preference Extension Act of
2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) For more than 30 years, United States trade preference
programs, including title V of the Trade Act of 1974 (relating
to the Generalized System of Preferences or ``GSP''), the
Caribbean Basin Economic Recovery Act (``CBERA''), and the
Andean Trade Preference Act (``ATPA''), have played a vital
role in triggering sustainable economic growth in developing
countries, helping to spread the benefits of trade abroad, and
advancing United States trade policy goals.
(2) The eligibility requirements of GSP, CBERA, and ATPA
programs have also provided important leverage to the United
States to promote improvements in beneficiary countries' trade
policies, protection of intellectual property rights, and
protection of internationally-recognized worker rights.
(3) The GSP program currently is scheduled to expire on
December 31, 2008. The benefits under the CBERA program are
currently scheduled to expire on September 30, 2008. The ATPA
program is currently scheduled to expire on February 29, 2008.
(4) It is important that the GSP, CBERA, and ATPA programs
are extended swiftly to ensure the continuation of benefits
that are critical to many developing countries and to provide
United States trading partners, as well as United States
manufacturers and retailers, the continuity and predictability
necessary to make business and investment decisions for the
near and longer term future.
(5) An extension of the GSP, CBERA, and ATPA programs until
September 30, 2010, is appropriate in order to provide the
necessary continuity and predictability to affected parties and
to align the termination dates of the programs for ease of use
and administration.
(6) The extension of the GSP, CBERA, and ATPA programs
until September 30, 2010, will also provide an opportunity for
Congress to evaluate the operation of the programs and make any
necessary changes to the programs and other trade preference
programs to ensure that the programs continue to promote the
interests of both United States workers, farmers, and
businesses and developing countries, particularly least
developed and low income developing countries, seeking to
expand and improve their economies through increased trade.
SEC. 3. 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, 2008'' and inserting
``September 30, 2010''.
(b) Limits on Revoking Waivers of Competitive Need Limitation.--
Section 503(d)(4)(B) of the Trade Act of 1974 (19 U.S.C. 2463(d)(4)(B))
is amended--
(1) in clause (ii), by striking ``Not later than'' and
inserting ``Subject to clause (iii), not later than''; and
(2) by adding at the end the following:
``(iii) The President may not revoke any waiver
pursuant to clause (ii) with respect to an article
unless the United States International Trade Commission
affirmatively determines that--
``(I) revocation of the waiver will not
reduce the level of exports of the article
below the level of exports of the article
entered during the calendar year reviewed by
the President under clause (ii) from the
beneficiary developing country to the United
States; and
``(II) revocation of the waiver will not
benefit one or more countries that are not
designated as beneficiary developing countries
for purposes of this title.''.
(c) Review of Revoked Waivers of Competitive Need Limitation.--Not
later than 60 days after the date of the enactment of this Act, the
President shall--
(1) review any waiver of the application of subsection
(c)(2) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463)
pursuant to subsection (d) of such section with respect to any
eligible article of a beneficiary developing country that was
revoked pursuant to subsection (d)(4)(B)(ii) of such section;
and
(2) reinstate the waiver unless the United States
International Trade Commission affirmatively determines that--
(A) revocation of the waiver will not reduce the
level of exports of the article below the level of
exports of the article entered during the calendar year
reviewed by the President under subsection
(d)(4)(B)(ii) of such section from the beneficiary
developing country to the United States; and
(B) revocation of the waiver will not benefit one
or more countries that are not designated as
beneficiary developing countries for purposes of title
V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
(d) Sense of Congress.--It is the sense of Congress that--
(1) the gains from a prospective agreement resulting from
the World Trade Organization (WTO) Doha Development Round would
far outweigh any preference erosion experienced by
beneficiaries of United States trade preference programs;
(2) studies by the World Bank, the International Monetary
Fund, and several private researchers have consistently found
that the overall impact of preference erosion is limited and
that the benefits of Most-Favored-Nation (MFN) tariff reduction
under the Doha Development Round far outweigh any costs in the
form of preference erosion; and
(3) therefore, preference erosion should not be used as a
basis for not agreeing to a comprehensive Doha Development
Round agreement that will deliver significant new benefits to
all WTO members.
SEC. 4. CARIBBEAN BASIN ECONOMIC RECOVERY ACT.
Section 213(b) of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2703(b)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (iii)--
(i) in subclause (II)(cc), by striking
``2008'' and inserting ``2010''; and
(ii) in subclause (IV)(dd), by striking
``2008'' and inserting ``2010''; and
(B) in clause (iv)(II), by striking ``6'' and
inserting ``8''; and
(2) in paragraph (5)(D)--
(A) in clause (i), by striking ``2008'' and
inserting ``2010''; and
(B) in clause (ii), by striking ``108(b)(5)'' and
inserting ``section 108(b)(5)''.
SEC. 5. ANDEAN TRADE PREFERENCE ACT.
(a) Extension.--Section 208(a) of the Andean Trade Preference Act
(19 U.S.C. 3206(a)) is amended by striking ``February 29, 2008'' and
inserting ``September 30, 2010''.
(b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of
the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)(B)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (II), by striking ``5
succeeding 1-year periods'' and inserting ``7
succeeding 1-year periods''; and
(ii) in subclause (III)(bb), by inserting
``and for each of the 2 succeeding 1-year
periods'' after ``for the 1-year period
beginning October 1, 2007''; and
(B) in clause (v)(II), by striking ``4 succeeding
1-year periods'' and inserting ``6 succeeding 1-year
periods''; and
(2) in subparagraph (E)(ii)(II), by striking ``December 31,
2006'' and inserting ``September 30, 2010''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the Andean Trade Preference Act (``ATPA'') is a
critical tool for promoting development in Bolivia, Colombia,
Ecuador, and Peru, and provides important incentives for
eligible beneficiary countries to diversify their economies
away from narcotics;
(2) the eligibility criteria of the ATPA program--set out
in sections 203(c) and (d) and 204(b)(6)(B) of the Andean Trade
Preference Act--are a fundamental aspect of the program; and
(3) Bolivia, Colombia, Ecuador, and Peru should fully and
rigorously comply with the eligibility criteria of the ATPA
program and the United States should carefully monitor
compliance with the eligibility criteria by these countries to
ensure that the eligibility criteria are being fully and
rigorously satisfied.
SEC. 6. AFRICAN GROWTH AND OPPORTUNITY ACT.
(a) In General.--Section 112(c) of the African Growth and
Opportunity Act (19 U.S.C. 3721(c)) is amended--
(1) in paragraph (1), by striking ``, and subject to
paragraph (2),'';
(2) by striking paragraphs (2) and (3);
(3) by redesignating paragraph (4) as paragraph (2); and
(4) by striking paragraph (5) and inserting the following:
``(3) Definition.--In this subsection, the term `lesser
developed beneficiary sub-Saharan African country' means--
``(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;
``(B) Botswana;
``(C) Namibia; and
``(D) Mauritius.''.
(b) Applicability.--
(1) In general.--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.
(2) Retroactive application.--Notwithstanding section 514
of the Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law, upon proper request filed with U.S. Customs
and Border Protection before the 90th day after the date of the
enactment of this Act, if--
(A) an entry, or withdrawal from warehouse for
consumption, of a good was made on or after October 1,
2005, and before the 15th day after the date of the
enactment of this Act, and
(B) there would have been no duty with respect to
such entry or withdrawal if the amendments made by
subsection (a) applied to such entry or withdrawal,
such entry or withdrawal shall be liquidated or reliquidated as
if such amendments applied to such entry or withdrawal.
(c) 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''.
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