[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.