[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7222 Enrolled Bill (ENR)]

        H.R.7222

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 An Act


 
   To extend the Andean Trade Preference Act, 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. 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)''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.