[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7222 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 2 (legislative day, September 17), 2008.
Resolved, That the bill from the House of Representatives (H.R.
7222) entitled ``An Act to extend the Andean Trade Preference Act, and
for other purposes.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.
(a) Extension.--Section 208 of the Andean Trade Preference Act (19
U.S.C. 3206) is amended to read as follows:
``SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT.
``(a) In General.--No duty-free treatment or other preferential
treatment extended to beneficiary countries under this title shall--
``(1) remain in effect with respect to Colombia or Peru
after December 31, 2009;
``(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--
``(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;
and
``(B) in making that determination, the President
has taken into account each of the factors set forth in
section 203(d); and
``(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--
``(A) the President has determined that Bolivia
satisfies the requirements set forth in section 203(c)
for being designated as a beneficiary country; and
``(B) in making that determination, the President
has taken into account each of the factors set forth in
section 203(d).
``(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--
``(1) such determinations; and
``(2) the reasons for such determinations.''.
(b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of
such Act (19 U.S.C. 3203(b)(3)) is amended--
(1) in subparagraph (B)--
(A) in clause (iii)--
(i) in subclause (II), by striking ``6
succeeding 1-year periods'' and inserting ``7
succeeding 1-year periods''; and
(ii) in subclause (III)(bb), by striking
``and for the succeeding 1-year period'' and
inserting ``and for the succeeding 2-year
period''; and
(B) in clause (v)(II), by striking ``5 succeeding
1-year periods'' and inserting ``6 succeeding 1-year
periods''; and
(2) in subparagraph (E)(ii)(II), by striking ``December 31,
2008'' and inserting ``December 31, 2009''.
SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM.
(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:
``SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM.
``(a) Preferential Treatment.--
``(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).
``(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.
``(b) Earned Import Allowance Program.--
``(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).
``(2) Elements.--The elements referred to in paragraph (1)
are the following:
``(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.
``(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.
``(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--
``(i) verifying that the qualifying fabric
was exported to a producer or entity
controlling production in an eligible country;
and
``(ii) identifying such producer or entity
controlling production, and the quantity and
description of qualifying fabric exported to
such producer or entity controlling production.
``(D) The Secretary of Commerce may require that a
producer or entity controlling production submit
documentation to verify purchases of qualifying fabric.
``(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.
``(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).
``(G) The Secretary of Commerce may reconcile
discrepancies in the information provided under
subparagraph (C) or (D) and verify the accuracy of such
information.
``(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.
``(c) Definitions.--For purposes of this section--
``(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;
``(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;
``(3) the term `eligible country' means the Dominican
Republic; and
``(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--
``(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;
``(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; and
``(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--
``(i) article 3.25(4) or Annex 3.25 of the
Agreement;
``(ii) Annex 401 of the North American Free
Trade Agreement;
``(iii) section 112(b)(5) of the African
Growth and Opportunity Act;
``(iv) section 204(b)(3)(B)(i)(III) or (ii)
of the Andean Trade Preference Act;
``(v) section 213(b)(2)(A)(v) or
213A(b)(5)(A) of the Caribbean Basin Economic
Recovery Act; or
``(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.
``(d) Review and Report.--
``(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.
``(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).
``(e) Effective Date and Applicability.--
``(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.
``(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.''.
(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:
``Sec. 404. Earned import allowance program.''.
SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT.
(a) In General.--Section 112 of the African Growth and Opportunity
Act (19 U.S.C. 3721) is amended--
(1) in subsection (b)(6)(A), by striking ``ethic'' in the
second sentence and inserting ``ethnic''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``, and subject
to paragraph (2),'';
(B) by striking paragraphs (2) and (3);
(C) in paragraph (4)--
(i) by striking ``Subsection (b)(3)(C)''
and inserting ``Subsection (b)(3)(B)''; and
(ii) by redesignating such paragraph (4) as
paragraph (2); and
(D) 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.--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.
(c) Review and Reports.--
(1) ITC review and report.--
(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.
(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).
(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.
(3) Definitions.--In this subsection--
(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; and
(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)).
(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''.
SEC. 4. GENERALIZED SYSTEM OF PREFERENCES.
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''.
SEC. 5. CUSTOMS USER FEES.
(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--
(1) in subparagraph (A), by striking ``November 14, 2017''
and inserting ``February 14, 2018''; and
(2) in subparagraph (B)(i), by striking ``October 7, 2017''
and inserting ``January 31, 2018''.
(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).
SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
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.
SEC. 7. TECHNICAL CORRECTIONS.
Section 15402 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246) is amended--
(1) in subsections (a) and (b), by striking ``Carribean''
each place it appears and inserting ``Caribbean''; and
(2) in subsection (d), by striking ``231A(b)'' and
inserting ``213A(b)''.
Attest:
Secretary.
110th CONGRESS
2d Session
H.R. 7222
_______________________________________________________________________
AMENDMENT