[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