[Congressional Record Volume 154, Number 161 (Friday, October 3, 2008)]
[House]
[Pages H10710-H10712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               EXTENDING THE ANDEAN TRADE PREFERENCE ACT

  Mr. LEVIN. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 7222) to extend the Andean Trade 
Preference Act, and for other purposes, and for other purposes, with a 
Senate amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate 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)--

[[Page H10711]]

       (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.

[[Page H10712]]

       (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)''.

  Mr. LEVIN (during the reading). Madam Speaker, I ask unanimous 
consent that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from Michigan?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________