[110th Congress Public Law 436]
[From the U.S. Government Printing Office]


[DOCID: f:publ436.110]

[[Page 4975]]

                    ANDEAN TRADE PREFERENCE EXTENSION

[[Page 122 STAT. 4976]]

Public Law 110-436
110th Congress

                                 An Act


 
        To extend the Andean Trade Preference Act, and for other 
            purposes. <<NOTE: Oct. 16, 2008 -  [H.R. 7222]>> 

    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. <<NOTE: President.>> TERMINATION OF PREFERENTIAL 
                        TREATMENT.

    ``(a) In <<NOTE: Foreign countries. Time 
period. Reports. Deadline.>> 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).

[[Page 122 STAT. 4977]]

    ``(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. <<NOTE: 19 USC 4112.>> 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 <<NOTE: Applicability.>> 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

[[Page 122 STAT. 4978]]

                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 <<NOTE: Procedures. Deadline.>> 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

[[Page 122 STAT. 4979]]

            ``(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 <<NOTE: President. Certification.>> 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.

[[Page 122 STAT. 4980]]

            ``(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 <<NOTE: 19 USC 3721 note.>> 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

[[Page 122 STAT. 4981]]

        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 <<NOTE: 19 USC 3721.>> 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) <<NOTE: Ante, p. 2262.>> is amended by 
striking subsections (c) and (d).
SEC. 6. <<NOTE: 26 USC 6655 note.>> 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) <<NOTE: Ante, p. 2289.>> is amended--
            (1) in subsections (a) and (b), by striking ``Carribean'' 
        each place it appears and inserting ``Caribbean''; and

[[Page 122 STAT. 4981]]

            (2) in subsection (d), by striking ``231A(b)'' and inserting 
        ``213A(b)''.

    Approved October 16, 2008.

LEGISLATIVE HISTORY--H.R. 7222:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 29, considered and passed House.
            Oct. 2, considered and passed Senate, amended.
            Oct. 3, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
            Oct. 16, Presidential remarks.

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