110 HR 5264 IH: Trade Preference Extension Act of U.S. House of Representatives 2008-02-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5264 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.

1.

Short title

This Act may be cited as the Trade Preference Extension Act of 2008.

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.

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.

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).

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.

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.