[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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).

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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 4978]]
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 4979]]
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 4980]]
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

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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

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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.