1.This Act may be cited as the
Haiti Economic Lift Program Act of
2010
.
2.Congress finds the following:
(1)On January 12, 2010, Haiti was hit by a 7.0
magnitude earthquake, the worst earthquake to affect Haiti in recorded history.
Aftershocks from the earthquake, measuring up to 6.0 on the Richter scale,
continued for days afterwards.
(2)The earthquake has devastated Haiti’s
infrastructure, including homes, offices, factories, roads, ports,
communications, and other facilities. The loss of life attributable to the
earthquake was massive.
(3)Even before the
earthquake, Haiti was the poorest country in the Western Hemisphere, ranking
149 out of 182 countries according to the United Nation’s Human Development
Index.
(4)In recent years, however, the Government
and people of Haiti had taken important steps forward to promote economic
growth and development, including making strides towards establishing a
competitive apparel sector.
(5)United States trade preference programs,
including the Caribbean Basin Economic Recovery Act (as amended by the United
States-Caribbean Basin Trade Partnership Act, the Haitian Hemispheric
Opportunity through Partnership Encouragement Act of 2006 (HOPE
Act
), and the Haitian Hemispheric Opportunity through Partnership
Encouragement Act of 2008 (HOPE II Act
)), which extend duty-free
tariff treatment to certain apparel produced in Haiti, have made an important
contribution to Haiti’s economic development efforts.
(6)However, the
Haitian apparel sector has been hard hit by the January 12, 2010, earthquake. A
number of apparel factories based in and around Port-au-Prince have been
heavily damaged, including the collapse of one major apparel factory that had
employed nearly 4,000 workers.
(7)The Port-au-Prince
seaport that had served the apparel trade has been badly damaged. And extensive
damage to roads has made it difficult to transport apparel to the Dominican
Republic for shipment from ports in that country.
(8)According to
estimates by the Department of Commerce, imports of apparel articles from Haiti
to the United States in 2010 have decreased by 43 percent as compared to the
same period in 2009.
(9)The earthquake has
increased significantly the costs and uncertainty of doing business in Haiti. A
strong and unequivocal commitment from the United States is needed to help
Haiti offset these costs and preserve the gains made under United States trade
preference programs, and to encourage buyers and investors to stand with Haiti
through this crisis.
3.Extension of
Caribbean Basin Economic Recovery ActThe Caribbean Basin Economic Recovery Act
(19 U.S.C. 2701 et seq.) is amended—
(1)in section
213(b)—
(A)in paragraph
(2)(A)—
(i)in
clause (iii)—
(I)in subclause
(II)(cc), by striking September 30, 2010
and inserting
September 30, 2020
; and
(II)in subclause
(IV)(dd), by striking September 30, 2010
and inserting
September 30, 2020
; and
(ii)in
clause (iv)(II), by striking 8
and inserting 18
;
and
(B)in paragraph
(5)(D)(i), by striking September 30, 2010
and inserting
September 30, 2020
; and
(2)in section
213A(h), by striking September 30, 2018
and inserting
September 30, 2020
.
4.Apparel and other
articles subject to certain assembly rules
(a)Certain other
apparel articlesSection
213A(b)(3) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a(b)(3))
is amended by adding at the end the following:
(F)Certain other
apparel articles
(i)Any of the apparel articles described in clause (ii) that
is wholly assembled, or knit-to-shape, in Haiti from any combination of
fabrics, fabric components, components knit-to-shape, or yarns and is imported
directly from Haiti or the Dominican Republic shall enter the United States
free of duty, without regard to the source of the fabric, fabric components,
components knit-to-shape, or yarns from which the article is made.
(ii)Apparel articles
described in this clause are apparel articles in the following category numbers
that fall within the following statistical reporting numbers of the HTS (as in
effect on the day before the date of the enactment of this
subparagraph):
Category NumberHTS Statistical
Reporting Number
3346101.90.9010
6112.11.0010
6103.22.0010
6113.00.9015
3356104.22.0010
6104.29.2010
6112.11.0020
3366104.49.9010
3386103.22.0050
6105.90.8010
6112.11.0030
3396104.22.0060
6104.29.2049
6106.90.2510
6106.90.3010
6110.20.1031
6110.20.1033
6112.11.0040
3426104.22.0030
6104.29.2022
6104.52.0010
6104.52.0020
6104.59.8010
3506107.91.0040
6107.91.0090
3516107.21.0010
6107.21.0020
6107.91.0030
6108.31.0010
6108.31.0020
433 6103.23.0007
6103.29.0520
6103.31.0000
6103.33.1000
6103.39.8020
4346101.30.1500
6101.90.0500
6101.90.9020
6103.23.0005
6103.29.0510
4356102.30.1000
6102.90.9010
6104.23.0010
6104.29.0510
6104.29.2012
6104.33.1000
6104.39.2020
4386103.23.0025
6103.29.0550
6104.23.0020
6104.29.0560
6104.29.2051
6105.90.1000
6105.90.8020
6106.20.1020
6106.90.1010
6106.90.1020
6106.90.2520
6106.90.3020
6110.11.0070
6110.12.2070
6110.12.2080
6110.19.0070
6110.19.0080
6110.30.1550
6110.30.1560
633 6103.23.0037
6103.29.1015
6103.33.2000
6103.39.1000
6103.39.8030
6346101.30.1000
6101.90.9030
6103.23.0036
6103.29.1010
6112.12.0010
6112.19.1010
6112.20.1010
6112.20.1030
6113.00.9025
6356102.30.0500
6102.90.9015
6104.23.0026
6104.29.1010
6104.29.2014
6104.39.2030
6112.12.0020
6112.19.1020
6112.20.1020
6112.20.1040
6113.00.9030
6366104.49.9030
6104.44.2020
6386103.23.0075
6103.29.1050
6105.90.8030
6110.30.1050
6110.30.2051
6110.30.2053
6112.12.0030
6112.19.1030
6396104.23.0036
6104.29.1050
6104.29.2055
6106.90.2530
6106.90.3030
6110.30.1060
6110.30.2061
6110.30.2063
6112.12.0040
6112.19.1040
6516107.22.0010
6107.22.0015
6107.22.0025
6107.99.1030
6108.32.0015
(iii)In this subparagraph, the term category has
the meaning given that term in paragraph (2A)(E) of this
subsection.
.
(b)Section 213A(b)(3) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703a(b)(3)), as amended by subsection (a), is further
amended by adding at the end the following:
(G)
(i)Any of the made-up textile articles described in clauses
(ii) and (iii) that is wholly assembled, or knit-to-shape, in Haiti from any
combination of fabrics, fabric components, components knit-to-shape, or yarns
and is imported directly from Haiti or the Dominican Republic shall enter the
United States free of duty, without regard to the source of the fabric, fabric
components, components knit-to-shape, or yarns from which the article is
made.
(ii)Made-up textile articles described in this clause are
articles in the following category numbers that fall within the following
statistical reporting numbers of the HTS (as in effect on the day before the
date of the enactment of this subparagraph):
Category NumberHTS Statistical
Reporting Number
3626304.11.1000
6304.19.0500
6304.19.1000
9404.90.8020
9404.90.8505
3636302.60.0020
6302.91.0015
6302.91.0035
6302.91.0045
6307.90.8940
3696304.91.0020
6304.92.0000
6302.60.0010
6302.60.0030
6302.91.0005
6302.91.0050
6307.90.8910
6307.90.8945
5601.21.0090
5701.90.2020
5702.39.2010
5702.50.5600
5702.99.0500
5702.99.1500
5705.00.2020
5807.10.0510
5807.90.0510
6307.90.3010
6301.30.0010
6305.20.0000
6307.10.1020
6307.10.1090
6406.10.7700
9404.90.1000
9404.90.9505
3965601.10.1000
4655701.10.9000
5702.50.2000
5702.50.4000
5702.91.3000
5702.91.4000
5703.10.2000
5703.10.8000
5704.10.0010
5705.00.2005
5705.00.2015
4696304.19.3040
6304.91.0050
6304.99.1500
6304.99.6010
5601.29.0020
6302.39.0010
4896406.10.9020
6655702.31.1000
5702.31.2000
5701.90.1030
5701.90.2030
5702.32.1000
5702.32.2000
5702.42.2090
5702.50.5200
5702.92.1000
5702.92.9000
5703.20.1000
5703.30.2000
5703.30.8030
5703.30.8080
5704.10.0090
5705.00.2030
6666304.11.2000
6304.91.0040
6304.93.0000
6304.99.6020
9404.90.8522
6301.30.0020
6301.40.0010
6301.40.0020
6301.90.0010
6695601.10.2000
5601.22.0090
5807.10.0520
5807.90.0520
6307.90.3020
6305.32.0010
6305.32.0020
6305.32.0010
6305.32.0050
6305.32.0060
6305.39.0000
6406.10.9040
6308.00.0020
8996304.11.3000
6304.19.3060
6304.91.0070
6304.99.3500
6304.99.6040
9404.90.8536
5601.29.0090
6301.90.0030
6305.90.0000
6406.10.9060
9005601.29.0010
5701.90.2010
6301.90.0020
5701.90.2010
(iii)Made-up textile articles described in this clause are
articles that fall within the following statistical reporting numbers of the
HTS (as in effect on the day before the date of the enactment of this
subparagraph):
(I)5703.20.2000.
(II)6406.10.9090.
(III)9404.90.8523.
(iv)In this subparagraph, the term category has
the meaning given that term in paragraph (2A)(E) of this
subsection.
.
5.Modification of
tariff preference levels; verification with respect to transshipment for
certain apparel articlesSection 213A(b) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703a(b)) is amended—
(1)in paragraph
(2)—
(A)in subparagraph (A)(ii)—
(i)by striking The preferential
treatment
and inserting Except as provided in paragraph (2A),
the preferential treatment
; and
(ii)by striking
9
and inserting 11
; and
(B)in subparagraph
(B)(iii)—
(i)by striking The preferential
treatment
and inserting Except as provided in paragraph (2A),
the preferential treatment
; and
(ii)by striking
9
and inserting 11
; and
(2)by inserting after
paragraph (2) the following:
(2A)Special rule for certain woven articles and
certain knit articles entered during fiscal year 2010 and succeeding 1-year
periods
(A)Except as provided in
subparagraphs (B) and (C) and subject to subparagraph (D), if 52,000,000 square
meter equivalents of apparel articles described in paragraph (2)(A)(i) or
(2)(B)(i) enter the United States during the 1-year period beginning October 1,
2009, or any of the succeeding 1-year periods, the President shall extend the
preferential treatment described in paragraph (2)(A)(i) or (2)(B)(i) (as the
case may be) to not more than 200,000,000 square meter equivalents of apparel
articles described in paragraph (2)(A)(i) or (2)(B)(i) (as the case may be)
during that 1-year period, and shall publish notice of the extension in the
Federal Register.
(B)Exception for
certain woven articles
(i)In the case of apparel articles described in clause (ii),
subparagraph (A) shall be applied by substituting 70,000,000
for
200,000,000
.
(ii)Apparel
articles describedApparel articles described in this clause are
apparel articles described in paragraph (2)(A)(i) that are the
following:
(I)Apparel articles in category 347 that fall within the
following statistical reporting numbers of the HTS (as in effect on the day
before the date of the enactment of this paragraph):
6203.19.10206203.42.40116203.42.4061
6203.19.90206203.42.40166203.49.8020
6203.22.30206203.42.40266210.40.9033
6203.22.30306203.42.40366211.20.1520
6203.42.40036203.42.40466211.20.3810
6203.42.40066203.42.40516211.32.0040
(II)Apparel articles in category 348 that fall within the
following statistical reporting numbers of the HTS (as in effect on the day
before the date of the enactment of this paragraph):
6204.12.0030 6204.62.40116204.69.9010
6204.19.8030 6204.62.40216210.50.9060
6204.22.3040 6204.62.40316211.20.1550
6204.22.3050 6204.62.40416211.20.6810
6204.29.4034 6204.62.40516211.42.0030
6204.62.3000 6204.62.40566217.90.9050
6204.62.4003 6204.62.4066
6204.62.40066204.69.6010
(III)Apparel articles in category 647 that fall within the
following statistical reporting numbers of the HTS (as in effect on the day
before the date of the enactment of this paragraph):
6203.23.0060 6203.43.40206203.49.8030
6203.23.0070 6203.43.40306210.40.5031
6203.29.2030 6203.43.40406210.40.5039
6203.29.2035 6203.49.15006211.20.1525
6203.43.2500 6203.49.20156211.20.3820
6203.43.3510 6203.49.20306211.33.0030
6203.43.3590 6203.49.2045
6203.43.40106203.49.2060
(IV)Apparel articles in category 648 that fall within the
following statistical reporting numbers of the HTS (as in effect on the day
before the date of the enactment of this paragraph):
6204.23.0040 6204.63.35106204.69.6030
6204.23.0045 6204.63.35306204.69.9030
6204.29.20206204.63.35326210.50.5031
6204.29.2025 6204.63.35406210.50.5039
6204.29.40386204.69.25106211.20.1555
6204.63.2000 6204.69.25306211.20.6820
6204.63.3010 6204.69.25406211.43.0040
6204.63.3090 6204.69.25606217.90.9060
(C)Exception for
certain knit articles
(i)In the case of apparel articles described in clause (ii),
subparagraph (A) shall be applied by substituting 85,000,000
for
200,000,000
.
(ii)Apparel
articles describedApparel articles described in this clause are
apparel articles described in paragraph (2)(B)(i) that fall within the
following statistical reporting numbers of the HTS (as in effect on the day
before the date of the enactment of this paragraph), other than shirts with
plackets and pointed collars:
6105.10.00106109.10.00406110.30.3053
6109.10.00186109.10.00456110.30.3059
6109.10.00276110.20.2079
(D)Verification
with respect to transshipment for certain apparel articles
(i)Not later than April 1, July 1, October 1, and January 1
of each year, the Commissioner responsible for U.S. Customs and Border
Protection shall verify that apparel articles imported into the United States
under this paragraph are not being unlawfully transshipped (within the meaning
of subsection (f)) into the United States.
(ii)If the Commissioner determines pursuant to clause (i)
that apparel articles imported into the United States under this paragraph are
being unlawfully transshipped into the United States, the Commissioner shall
report that determination to the President.
(iii)Authority to reduce quantitative
limitationIf, in any 1-year
period with respect to which the President extends preferential treatment as
described in this paragraph, the Commissioner reports to the President pursuant
to clause (ii) regarding unlawful transshipments, the President—
(I)may modify the quantitative limitation
under this paragraph as the President considers appropriate to account for such
transshipments; and
(II)if the President modifies the limitation
under subclause (I), shall publish notice of the modification in the Federal
Register.
(E)In this paragraph, the term category means
the number assigned under the U.S. Textile and Apparel Category System of the
Office of Textiles and Apparel of the Department of Commerce, as listed in the
HTS under the applicable heading or subheading (as in effect on the day before
the date of the enactment of this
paragraph).
.
6.Earned import
allowance ruleSection
213A(b)(4)(B)(ii)(I) of the Caribbean Basin Economic Recovery Act (19 U.S.C.
2703a(b)(4)(B)(ii)(I)) is amended by striking three
and
inserting two
.
7.Extension of
value-added ruleSection 213A
of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a), as amended by
this Act, is further amended—
(1)in subsection (a), by striking paragraph
(1) and inserting the following:
(1)Initial
applicable 1-year periodThe term initial applicable 1-year
period means the 1-year period beginning on December 20,
2006.
;
and
(2)in subsection
(b)(1)—
(A)in subparagraph
(A), by striking an applicable 1-year period
and inserting
the initial applicable 1-year period and any 1-year period
thereafter
;
(B)in subparagraph
(B)—
(i)in
clause (i)—
(I)by striking
any applicable 1-year period
and inserting the initial
applicable 1-year period and any 1-year period thereafter
; and
(II)by striking
the applicable 1-year period
and inserting that 1-year
period
;
(ii)in
clause (iv)(II)—
(I)in the subclause
heading, by striking applicable
;
(II)by striking
In each of the second, third, fourth, and fifth applicable 1-year
periods
and inserting In any 1-year period after the initial
applicable 1-year period
; and
(III)by striking
applicable 1-year period
each place it appears and inserting
1-year period
;
(iii)in
clause (v)(I)—
(I)in item (aa), by
striking , the second applicable 1-year period, and the third applicable
1-year period
and inserting and the succeeding 8 1-year
periods
;
(II)in item (bb), by
striking the fourth applicable 1-year period
and inserting
the 1-year period beginning on December 20, 2015, and the 1-year period
beginning on December 20, 2016
; and
(III)in item (cc), by
striking the fifth applicable 1-year period
and inserting
the 1-year period beginning on December 20, 2017
; and
(iv)in
clause (vi)—
(I)in subclause
(II)—
- (aa)by
striking
any applicable 1-year period
and inserting the
initial applicable 1-year period or any 1-year period thereafter
;
and
- (bb)by
striking
applicable 1-year period
each place it appears and
inserting 1-year period
; and
(II)in subclause
(III)—
- (aa)in
item (aa), by striking
an applicable 1-year period
and inserting
the initial applicable 1-year period or any 1-year period
thereafter
; and
- (bb)by
striking
applicable 1-year period
each place it appears and
inserting 1-year period
; and
(C)in subparagraph
(C)—
(i)by
striking applicable 1-year periods
and inserting 1-year
periods
;
(ii)by
striking the table and inserting the following:
During:the corresponding
percentage is:
the initial applicable 1-year
period1
percent.
each of the succeeding
11 1-year periods 1.25 percent.
;
and(iii)in
the flush text, by striking the last day of the fifth applicable 1-year
period
and inserting December 19, 2018
.
8.Section 213A(c) of
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703A(c)) is amended by
striking 5-year period
and inserting 10-year
period
.
9.
(a)
(1)The Commissioner responsible for U.S. Customs and Border
Protection (in this section referred to as the Commissioner
)
shall, in consultation with the United States Coast Guard, the Drug Enforcement
Agency, and other Federal agencies, as appropriate, seek to send a rapid
response team to Haiti—
(A)to assess the
short-term and long-term technical, capacity-building, and training needs of
the authorities of the Government of Haiti responsible for customs services;
and
(B)to provide
immediate assistance, as warranted, particularly with respect to—
(i)reestablishing
full capacity for commercial port operations at the seaport at
Port-au-Prince;
(ii)facilitating
trade between the United States and Haiti under the Caribbean Basin Economic
Recovery Act, as amended by this Act;
(iii)preventing
unlawful transshipment of goods through Haiti to the United States; and
(iv)otherwise
strengthening cooperation between the customs authorities of the United States,
Haiti, and the Dominican Republic with respect to trade facilitation and
economic development, customs compliance and law enforcement, and efforts to
combat unlawful trafficking in narcotic drugs and psychotropic
substances.
(2)Not
later than 75 days after the date of the enactment of this Act, the
Commissioner shall prepare and submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a
nonconfidential report summarizing the results of the assessment required by
paragraph (1)(A), including—
(A)a description of
the short-term and long-term technical, capacity-building, and training needs
of the authorities of the Government of Haiti responsible for customs services,
including a prioritization of immediate infrastructure needs;
(B)a multi-year plan
for supplying technical, capacity-building, and training assistance to those
authorities, including specific responsibilities to be undertaken by the
support team authorized by subsection (b); and
(C)a statement of the
amount and purpose for which any funds were expended by the rapid response team
in Haiti to administer the provisions of this section, including any
expenditure of funds authorized to be appropriated pursuant to subsection
(c)(1).
(b)
(1)The Commissioner shall, in consultation with other
Federal agencies, as appropriate, seek to establish a support team in Haiti for
the purpose of helping to meet the short-term and long-term technical,
capacity-building, and training needs of the authorities of the Government of
Haiti responsible for customs services, as described in this section.
(2)The
support team authorized by paragraph (1) shall terminate on September 30,
2020.
(c)Authorization of
appropriations
(1)There are authorized to be appropriated to the U.S.
Customs and Border Protection Agency, to remain available until
expended—
(A)$100,000 to help
meet the immediate infrastructure needs of the authorities of the Government of
Haiti responsible for customs services for the purpose of facilitating trade
between the United States and Haiti under the Caribbean Basin Economic Recovery
Act, as amended by this Act; and
(B)$750,000 for each
of the fiscal years 2011 through 2020 for the purpose of maintaining the
support team authorized by subsection (b).
(2)Supplement and
not supplantThe amounts authorized to be appropriated by
paragraph (1) shall supplement and not supplant any other funds authorized to
be appropriated to the Department of Homeland Security.
10.
(a)It is the sense of Congress that the United States
Trade Representative should seek to enter into consultations with
representatives of countries with which the United States has a trading
relationship for the purpose of encouraging those countries to establish
bilateral trade preference programs with respect to textile and apparel
articles produced in Haiti.
(b)It
is the sense of Congress that the Commissioner responsible for U.S. Customs and
Border Protection should, in consultation with the United States Trade
Representative and the Secretary of Commerce, seek to enter into consultations
with representatives of countries with which the United States has a trading
relationship for the purpose of preventing the unlawful transshipment of
textile and apparel articles from those countries through Haiti.