**PUBLIC LAW 107-210**

**TITLE XXXI\--ANDEAN TRADE PREFERENCE**

**SEC. 3103. ARTICLES ELIGIBLE FOR PREFERENTIAL TREATMENT.**

\(a\) ELIGIBILITY OF CERTAIN ARTICLES.\--Section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203) is amended\--

> \(1\) by striking subsection (c) and redesignating subsections (d)
> through (g) as subsections (c) through (f), respectively; and
>
> \(2\) by amending subsection (b) to read as follows:

"(b) EXCEPTIONS AND SPECIAL RULES.\--

> "(1) CERTAIN ARTICLES THAT ARE NOT IMPORT-SENSITIVE.\--The President
> may proclaim duty-free treatment under this title for any article
> described in subparagraph (A), (B), (C), or (D) that is the growth,
> product, or manufacture of an ATPDEA beneficiary country, that is
> imported directly into the customs territory of the United States from
> an ATPDEA beneficiary country, and that meets the requirements of this
> section, if the President determines that such article is not
> import-sensitive in the context of imports from ATPDEA beneficiary
> countries:
>
> "(A) Footwear not designated at the time of the effective date of this
> title as eligible for purposes of the generalized system of
> preferences under title V of the Trade Act of 1974.
>
> "(B) Petroleum, or any product derived from petroleum, provided for in
> headings 2709 and 2710 of the HTS.
>
> "(C) Watches and watch parts (including cases, bracelets and straps),
> of whatever type including, but not limited to, mechanical, quartz
> digital or quartz analog, if such watches or watch parts contain any
> material which is the product of any country with respect to which HTS
> column 2 rates of duty apply.
>
> "(D) Handbags, luggage, flat goods, work gloves, and leather wearing
> apparel that were not designated on August 5, 1983, as eligible
> articles for purposes of the generalized system of preferences under
> title V of the Trade Act of 1974.
>
> "(2) EXCLUSIONS.\--Subject to paragraph (3), duty-free treatment under
> this title may not be extended to\--
>
> "(A) textiles and apparel articles which were not eligible articles
> for purposes of this title on January 1, 1994, as this title was in
> effect on that date;
>
> "(B) rum and tafia classified in subheading 2208.40 of the HTS;
>
> "(C) sugars, syrups, and sugar-containing products subject to
> over-quota duty rates under applicable tariff-rate quotas; or
>
> "(D) tuna prepared or preserved in any manner in airtight containers,
> except as provided in paragraph (4).
>
> "(3) APPAREL ARTICLES AND CERTAIN TEXTILE ARTICLES.\--
>
> "(A) IN GENERAL.\--Apparel articles that are imported directly into
> the customs territory of the United States from an ATPDEA beneficiary
> country shall enter the United States free of duty and free of any
> quantitative restrictions, limitations, or consultation levels, but
> only if such articles are described in subparagraph (B).
>
> "(B) COVERED ARTICLES.\--The apparel articles referred to in
> subparagraph (A) are the following:
>
> "(i) APPAREL ARTICLES ASSEMBLED FROM PRODUCTS ASSEMBLED OF THE UNITED
> STATES OR ATPDEA BENEFICIARY COUNTRIES OR PRODUCTS NOT AVAILABLE IN
> COMMERCIAL QUANTITITES.\--Apparel articles sewn or otherwise assembled
> in 1 or more ATPDEA beneficiary countries, or the United States, or
> both, exclusively from any one or any combination of the following:
>
> "(I) Fabrics or fabric components wholly formed, or components
> knit-to-shape, in the United States, from yarns wholly formed in the
> United States or 1 or more ATPDEA beneficiary countries (including
> fabrics not formed from yarns, if such fabrics are classifiable under
> heading 5602 or 5603 of the HTS and are formed in the United States).
> Apparel articles shall qualify under this subclause only if all
> dyeing, printing, and finishing of the fabrics from which the articles
> are assembled, if the fabrics are knit fabrics, is carried out in the
> United States. Apparel articles shall qualify under this subclause
> only if all dyeing, printing, and finishing of the fabrics from which
> the articles are assembled, if the fabrics are woven fabrics, is
> carried out in the United States.
>
> "(II) Fabrics or fabric components formed or components knit-to-shape,
> in 1 or more ATPDEA beneficiary countries, from yarns wholly formed in
> 1 or more ATPDEA beneficiary countries, if such fabrics (including
> fabrics not formed from yarns, if such fabrics are classifiable under
> heading 5602 or 5603 of the HTS and are formed in 1 or more ATPDEA
> beneficiary countries) or components are in chief value of llama,
> alpaca, or vicuna.
>
> "(III) Fabrics or yarns, to the extent that apparel articles of such
> fabrics or yarns would be eligible for preferential treatment, without
> regard to the source of the fabrics or yarns, under Annex 401 of the
> NAFTA.
>
> "(ii) ADDITIONAL FABRICS.\--At the request of any interested party,
> the President is authorized to proclaim additional fabrics and yarns
> as eligible for preferential treatment under clause (i)(III) if\--
>
> "(I) the President determines that such fabrics or yarns cannot be
> supplied by the domestic industry in commercial quantities in a timely
> manner;
>
> "(II) the President has obtained advice regarding the proposed action
> from the appropriate advisory committee established under section 135
> of the Trade Act of 1974 (19 U.S.C. 2155) and the United States
> International Trade Commission;
>
> "(III) within 60 days after the request, the President has submitted a
> report to the Committee on Ways and Means of the House of
> Representatives and the Committee on Finance of the Senate that sets
> forth the action proposed to be proclaimed and the reasons for such
> action, and the advice obtained under subclause (II);
>
> "(IV) a period of 60 calendar days, beginning with the first day on
> which the President has met the requirements of subclause (III), has
> expired; and
>
> "(V) the President has consulted with such committees regarding the
> proposed action during the period referred to in subclause (III).
>
> "(iii) APPAREL ARTICLES ASSEMBLED IN 1 OR MORE ATPDEA BENEFICIARY
> COUNTRIES FROM REGIONAL FABRICS OR REGIONAL COMPONENTS.---
>
> \(I\) Subject to the limitation set forth in subclause (II), apparel
> articles sewn or otherwise assembled in 1 or more ATPDEA beneficiary
> countries from fabrics or from fabric components formed or from
> components knit-to-shape, in 1 or more ATPDEA beneficiary countries,
> from yarns wholly formed in the United States or 1 or more ATPDEA
> beneficiary countries (including fabrics not formed from yarns, if
> such fabrics are classifiable under heading 5602 or 5603 of the HTS
> and are formed in 1 or more ATPDEA beneficiary countries), whether or
> not the apparel articles are also made from any of the fabrics, fabric
> components formed, or components knit-to-shape described in clause (i)
> (unless the apparel articles are made exclusively from any of the
> fabrics, fabric components formed, or components knit-to-shape
> described in clause (i)).
>
> "(II) The preferential treatment referred to in subclause (I) shall be
> extended in the 1-year period beginning October 1, 2002, and in each
> of the 4 succeeding 1-year periods, to imports of apparel articles in
> an amount not to exceed the applicable percentage of the aggregate
> square meter equivalents of all apparel articles imported into the
> United States in the preceding 12-month period for which data are
> available.
>
> "(III) For purposes of subclause (II), the term \`applicable
> percentage\' means 2 percent for the 1-year period beginning October
> 1, 2002, increased in each of the 4 succeeding 1-year periods by equal
> increments, so that for the period beginning October 1, 2006, the
> applicable percentage does not exceed 5 percent.
>
> "(iv) HANDLOOMED, HANDMADE, AND FOLKLORE ARTICLES.\--A handloomed,
> handmade, or folklore article of an ATPDEA beneficiary country
> identified under subparagraph (C) that is certified as such by the
> competent authority of such beneficiary country.
>
> "(v) CERTAIN OTHER APPAREL ARTICLES.\--
>
> "(I) GENERAL RULE.\--Any apparel article classifiable under subheading
> 6212.10 of the HTS, except for articles entered under clause (i),
> (ii), (iii), or (iv), if the article is both cut and sewn or otherwise
> assembled in the United States, or one or more ATPDEA beneficiary
> countries, or both.
>
> "(II) LIMITATION.\--During the 1-year period beginning on October 1,
> 2003, and during each of the 3 succeeding 1-year periods, apparel
> articles described in subclause (I) of a producer or an entity
> controlling production shall be eligible for preferential treatment
> under this paragraph only if the aggregate cost of fabrics (exclusive
> of all findings and trimmings) formed in the United States that are
> used in the production of all such articles of that producer or entity
> that are entered and eligible under this clause during the preceding
> 1-year period is at least 75 percent of the aggregate declared customs
> value of the fabric (exclusive of all findings and trimmings)
> contained in all such articles of that producer or entity that are
> entered and eligible under this clause during the preceding 1-year
> period.
>
> "(III) DEVELOPMENT OF PROCEDURE TO ENSURE COMPLIANCE.\--The United
> States Customs Service shall develop and implement methods and
> procedures to ensure ongoing compliance with the requirement set forth
> in subclause (II). If the Customs service finds that a producer or an
> entity controlling production has not satisfied such requirement in a
> 1-year period, then apparel articles described in subclause (I) of
> that producer or entity shall be ineligible for preferential treatment
> under this paragraph during any succeeding 1-year period until the
> aggregate cost of fabrics (exclusive of all findings and trimmings)
> formed in the United States that are used in the production of such
> articles of that producer or entity entered during the preceding
> 1-year period is at least 85 percent of the aggregate declared customs
> value of the fabric (exclusive of all findings and trimmings)
> contained in all such articles of that producer or entity that are
> entered and eligible under this clause during the preceding 1-year
> period.
>
> "(vi) SPECIAL RULES.\--
>
> "(I) EXCEPTION FOR FINDINGS AND TRIMMINGS.\--An article otherwise
> eligible for preferential treatment under this paragraph shall not be
> ineligible for such treatment because the article contains findings or
> trimmings of foreign origin, if such findings and trimmings do not
> exceed 25 percent of the cost of the components of the assembled
> product. Examples of findings and trimmings are sewing thread, hooks
> and eyes, snaps, buttons, \`bow buds\', decorative lace, trim, elastic
> strips, zippers, including zipper tapes and labels, and other similar
> products.
>
> "(II) CERTAIN INTERLINING.\--(aa) An article otherwise eligible for
> preferential treatment under this paragraph shall not be ineligible
> for such treatment because the article contains certain interlinings
> of foreign origin, if the value of such interlinings (and any findings
> and trimmings) does not exceed 25 percent of the cost of the
> components of the assembled article.
>
> "(bb) Interlinings eligible for the treatment described in division
> (aa) include only a chest type plate, \`hymo\' piece, or \`sleeve
> header\', of woven or weft-inserted warp knit construction and of
> coarse animal hair or man-made filaments.
>
> "(cc) The treatment described in this subclause shall terminate if the
> President makes a determination that United States manufacturers are
> producing such interlinings in the United States in commercial
> quantities.
>
> "(III) DE MINIMIS RULE.\--An article that would otherwise be
> ineligible for preferential treatment under this subparagraph because
> the article contains yarns not wholly formed in the United States or
> in one or more ATPDEA beneficiary countries shall not be ineligible
> for such treatment if the total weight of all such yarns is not more
> than 7 percent of the total weight of the good.
>
> "(IV) SPECIAL ORIGIN RULE.\--An article otherwise eligible for
> preferential treatment under clause (i) or (iii) shall not be
> ineligible for such treatment because the article contains nylon
> filament yarn (other than elastomeric yarn) that is classifiable under
> subheading 5402.10.30, 5402.10.60, 5402.31.30, 5402.31.60, 5402.32.30,
> 5402.32.60, 5402.41.10, 5402.41.90, 5402.51.00, or 5402.61.00 of the
> HTS from a country that is a party to an agreement with the United
> States establishing a free trade area, which entered into force before
> January 1, 1995.
>
> "(vii) TEXTILE LUGGAGE.\--Textile luggage\--
>
> "(I) assembled in an ATPDEA beneficiary country from fabric wholly
> formed and cut in the United States, from yarns wholly formed in the
> United States, that is entered under subheading 9802.00.80 of the HTS;
> or
>
> "(II) assembled from fabric cut in an ATPDEA beneficiary country from
> fabric wholly formed in the United States from yarns wholly formed in
> the United States.
>
> "(C) HANDLOOMED, HANDMADE, AND FOLKLORE ARTICLES.\--For purposes of
> subparagraph (B)(iv), the President shall consult with representatives
> of the ATPDEA beneficiary countries concerned for the purpose of
> identifying particular textile and apparel goods that are mutually
> agreed upon as being handloomed, handmade, or folklore goods of a kind
> described in section 2.3(a), (b), or (c) of the Annex or Appendix
> 3.1.B.11 of the Annex.
>
> "(D) PENALTIES FOR TRANSSHIPMENT.\--
>
> "(i) PENALTIES FOR EXPORTERS.\--If the President determines, based on
> sufficient evidence, that an exporter has engaged in transshipment
> with respect to apparel articles from an ATPDEA beneficiary country,
> then the President shall deny all benefits under this title to such
> exporter, and any successor of such exporter, for a period of 2 years.
>
> "(ii) PENALTIES FOR COUNTRIES.\--Whenever the President finds, based
> on sufficient evidence, that transshipment has occurred, the President
> shall request that the ATPDEA beneficiary country or countries through
> whose territory the transshipment has occurred take all necessary and
> appropriate actions to prevent such transshipment. If the President
> determines that a country is not taking such actions, the President
> shall reduce the quantities of apparel articles that may be imported
> into the United States from such country by the quantity of the
> transshipped articles multiplied by 3, to the extent consistent with
> the obligations of the United States under the WTO.
>
> "(iii) TRANSSHIPMENT DESCRIBED.\--Transshipment within the meaning of
> this subparagraph has occurred when preferential treatment under
> subparagraph (A) has been claimed for an apparel article on the basis
> of material false information concerning the country of origin,
> manufacture, processing, or assembly of the article or any of its
> components. For purposes of this clause, false information is material
> if disclosure of the true information would mean or would have meant
> That the article is or was ineligible for preferential treatment under
> subparagraph (A).
>
> "(E) BILATERAL EMERGENCY ACTIONS.\--
>
> "(i) IN GENERAL.\--The President may take bilateral emergency tariff
> actions of a kind described in section 4 of the Annex with respect to
> any apparel article imported from an ATPDEA beneficiary country if the
> application of tariff treatment under subparagraph (A) to such article
> results in conditions that would be cause for the taking of such
> actions under such section 4 with respect to a like article described
> in the same 8-digit subheading of the HTS that is imported from
> Mexico.
>
> "(ii) RULES RELATING TO BILATERAL EMERGENCY ACTION.\--For purposes of
> applying bilateral emergency action under this subparagraph\--
>
> "(I) the requirements of paragraph (5) of section 4 of the Annex
> (relating to providing compensation) shall not apply;
>
> "(II) the term 'transition period' in section 4 of the Annex shall
> mean the period ending December 31, 2006; and
>
> "(III) the requirements to consult specified in section 4 of the Annex
> shall be treated as satisfied if the President requests consultations
> with the ATPDEA beneficiary country in question and the country does
> not agree to consult within the time period specified under section 4
> of the Annex.
>
> "(4) TUNA.---
>
> "(5) CUSTOMS PROCEDURES.\--
>
> "(A) IN GENERAL.\--
>
> "(i) REGULATIONS.\--Any importer that claims preferential treatment
> under paragraph (1), (3), or (4) shall comply with customs procedures
> similar in all material respects to the requirements of Article 502(1)
> of the NAFTA as implemented pursuant to United States law, in
> accordance with regulations promulgated by the Secretary of the
> Treasury.
>
> "(ii) DETERMINATION.\--
>
> "(I) IN GENERAL.\--In order to qualify for the preferential treatment
> under paragraph (1), (3), or (4) and for a Certificate of Origin to be
> valid with respect to any article for which such treatment is claimed,
> there shall be in effect a determination by the President that each
> country described in subclause (II)\--
>
> "(aa) has implemented and follows, or
>
> "(bb) is making substantial progress toward implementing and
> following, procedures and requirements similar in all material
> respects to the relevant procedures and requirements under chapter 5
> of the NAFTA.
>
> "(II) COUNTRY DESCRIBED.\--A country is described in this subclause if
> it is an ATPDEA beneficiary country\--
>
> "(aa) from which the article is exported; or
>
> "(bb) in which materials used in the production of the article
> originate or in which the article or such materials undergo production
> that contributes to a claim that the article is eligible for
> preferential treatment under paragraph (1), (3), or (4).
>
> "(B) CERTIFICATE OF ORIGIN.\--The Certificate of Origin that otherwise
> would be required pursuant to the provisions of subparagraph (A) shall
> not be required in the case of an article imported under paragraph
> (1), (3), or (4) if such certificate of Origin would not be required
> under Article 503 of the NAFTA (as implemented pursuant to United
> States law), if the article were imported from Mexico.
>
> "(C) REPORT ON COOPERATION OF ATPDEA COUNTRIES CONCERNING
> CIRCUMVENTION.\--The United States Commissioner of Customs shall
> conduct a study analyzing the extent to which each ATPDEA beneficiary
> country\--
>
> "(i) has cooperated fully with the United States, consistent with its
> domestic laws and procedures, in instances of circumvention or alleged
> circumvention of existing quotas on imports of textile and apparel
> goods, to establish necessary relevant facts in the places of import,
> export, and, where applicable, transshipment, including investigation
> of circumvention practices, exchanges of documents, correspondence,
> reports, and other relevant information, to the extent such
> information is available;
>
> "(ii) has taken appropriate measures, consistent with its domestic
> laws and procedures, against exporters and importers involved in
> instances of false declaration concerning quantities, description,
> classification, or origin of textile and apparel goods; and
>
> "(iii) has penalized the individuals and entities involved in any such
> circumvention, consistent with its domestic laws and procedures, and
> has worked closely to seek the cooperation of any third country to
> prevent such circumvention from taking place in that third country.
> The Commissioner of Customs shall submit to the Congress, not later
> than October 1, 2003, a report on the study conducted under this
> subparagraph.
>
> "(6) DEFINITIONS.\--In this subsection\--
>
> "(A) ANNEX.\--The term \`the Annex\' means Annex 300 B of the NAFTA.
>
> "(B) ATPDEA BENEFICIARY COUNTRY.\--The term \`ATPDEA beneficiary
> country\' means any \`beneficiary country\', as defined in section
> 203(a)(1) of this title, which the President designates as an ATPDEA
> beneficiary country, taking into account the criteria contained in
> subsections (c) and (d) of section 203 and other appropriate criteria,
> including the following:
>
> "(i) Whether the beneficiary country has demonstrated a commitment
> to\--
>
> "(I) undertake its obligations under the WTO, including those
> agreements listed in section 101(d) of the Uruguay Round Agreements
> Act, on or ahead of schedule; and
>
> "(II) participate in negotiations toward the completion of the FTAA or
> another free trade agreement.
>
> "(ii) The extent to which the country provides protection of
> intellectual property rights consistent with or greater than the
> protection afforded under the Agreement on Trade-Related Aspects of
> Intellectual Property Rights described in section 101(d)(15) of the
> Uruguay Round Agreements Act.
>
> "(iii) The extent to which the country provides internationally
> recognized worker rights, including---
>
> "(I) the right of association;
>
> "(II) the right to organize and bargain collectively;
>
> "(III) a prohibition on the use of any form of forced or compulsory
> labor;
>
> "(IV) a minimum age for the employment of children; and
>
> "(V) acceptable conditions of work with respect to minimum wages,
> hours of work, and occupational safety and health.
>
> "(iv) Whether the country has implemented its commitments to eliminate
> the worst forms of child labor, as defined in section 507(6) of the
> Trade Act of 1974.
>
> "(v) The extent to which the country has met the counternarcotics
> certification criteria set forth in section 490 of the Foreign
> Assistance Act of 1961 (22 U.S.C. 2291j) for eligibility for United
> States assistance.
>
> "(vi) The extent to which the country has taken steps to become a
> party to and implements the Inter-American Convention Against
> Corruption.
>
> "(vii) The extent to which the country\--
>
> "(I) applies transparent, nondiscriminatory, and competitive
> procedures in government procurement equivalent to those contained in
> the Agreement on Government Procurement described in section
> 101(d)(17) of the Uruguay Round Agreements Act; and
>
> "(II) contributes to efforts in international fora to develop and
> implement international rules in transparency in government
> procurement.
>
> "(viii) The extent to which the country has taken steps to support the
> efforts of the United States to combat terrorism.
>
> "(C) NAFTA.\--The term \`NAFTA\' means the North American Free Trade
> Agreement entered into between the United States, Mexico, and Canada
> on December 17, 1992.
>
> "(D) WTO.\--The term \`WTO\' has the meaning given that term in
> section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501).
>
> "(E) ATPDEA.\--The term \`ATPDEA\' means the Andean Trade Promotion
> and Drug Eradication Act.
>
> "(F) FTAA.\--The term \`FTAA\' means the Free Trade Area for the
> Americas.\'\'.

\(b\) DETERMINATION REGARDING RETENTION OF DESIGNATION.---Section
203(e)(1) of the Andean Trade Preference Act (19 U.S.C. 3202(e)(1)) is
amended\--

> \(1\) by redesignating subparagraphs (A) and (B) as clauses (i) and
> (ii), respectively;
>
> \(2\) by inserting \`\`(A)\'\' after \`\`(1)\'\'; and
>
> \(3\) by adding at the end the following:

"(B) The President may, after the requirements of paragraph (2) have
been met\--

> "(i) withdraw or suspend the designation of any country as an ATPDEA
> beneficiary country, or
>
> "(ii) withdraw, suspend, or limit the application of preferential
> treatment under section 204(b)(1), (3), or (4) to any article of any
> country, if, after such designation, the President determines that, as
> a result of changed circumstances, the performance of such country is
> not satisfactory under the criteria set forth in section
> 204(b)(6)(B).\'\'.

\(c\) CONFORMING AMENDMENTS.\--(1) Section 202 of the Andean Trade
Preference Act (19 U.S.C. 3201) is amended by inserting "(or other
preferential treatment)" after "treatment"

> \(2\) Section 204(a) of the Andean Trade Preference Act (19 U.S.C.
> 3203(a)) is amended---
>
> \(A\) in paragraph (1)\--

(i) by inserting "(or otherwise provided for)" after "eligibility"; and

> \(ii\) by inserting "(or preferential treatment)" after "duty-free
> treatment"; and
>
> \(B\) in paragraph (2), by striking \`\`subsection (a)\'\' and
> inserting "paragraph 1)".

\(d\) PETITIONS FOR REVIEW.\--

> \(1\) IN GENERAL.\--Not later than 180 days after the date of the
> enactment of this Act, the President shall promulgate regulations
> regarding the review of eligibility of articles and countries under
> the Andean Trade Preference Act, consistent with section 203(e) of
> such Act, as amended by this title.
>
> \(2\) CONTENT OF REGULATIONS.\--The regulations shall be similar to
> the regulations regarding eligibility under the generalized system of
> preferences under title V of the Trade Act of 1974 with respect to the
> timetable for reviews and content, and shall include procedures for
> requesting withdrawal, suspension, or limitations of preferential duty
> treatment under the Andean Trade Preference Act, conducting reviews of
> such requests, and implementing the results of the reviews.

\(e\) REPORTING REQUIREMENTS.\--Section 203(f) of the Andean Trade
Preference Act (19 U.S.C. 3202(f)) is amended to read as follows:

"(f) REPORTING REQUIREMENTS.\--

> "(1) IN GENERAL.\--Not later than April 30, 2003, and every 2 years
> thereafter during the period this title is in effect, the United
> States Trade Representative shall submit to the Congress a report
> regarding the operation of this title, including\--
>
> "(A) with respect to subsections (c) and (d), the results of a general
> review of beneficiary countries based on the considerations described
> in such subsections; and
>
> "(B) the performance of each beneficiary country or ATPEA beneficiary
> country, as the case may be, under the criteria set forth in section
> 204(b)(6)(B).
>
> "(2) PUBLIC COMMENT.\--Before submitting the report described in
> paragraph (1), the United States Trade Representative shall publish a
> notice in the Federal Register requesting public comments on whether
> beneficiary countries are meeting the criteria listed in section
> 204(b)(6)(B).".

S**EC. 3104. TERMINATION.**

\(a\) IN GENERAL.\--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.**

"No duty-free treatment or other preferential treatment extended to
beneficiary countries under this title shall remain in effect after
December 31, 2006.".

\(b\) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND
RELIQUIDATIONS.\--

> \(1\) IN GENERAL.\--Notwithstanding section 514 of the Tariff Act of
> 1930 or any Other provision of law, and subject to paragraph (3), the
> entry\--
>
> \(A\) of any article to which duty-free treatment (or preferential
> treatment) under the Andean Trade Preference Act (19 U.S.C. 3201 et
> seq.) would have applied if the entry had been made on December 4,
> 2001, and
>
> \(B\) that was made after December 4, 2001, and before the date of the
> enactment of this Act, shall be liquidated or reliquidated as if such
> duty-free treatment (or preferential treatment) applied, and the
> Secretary of the Treasury shall refund any duty paid with respect to
> such entry.
>
> \(2\) ENTRY.\--As used in this subsection, the term "entry" includes a
> withdrawal from warehouse for consumption.
>
> \(3\) REQUESTS.\--Liquidation or reliquidation may be made under
> paragraph (1) with respect to an entry only if a request therefor is
> filed with the Customs Service, within 180 days after the date of the
> enactment of this Act, that contains sufficient information to enable
> the Customs Service\--
>
> \(A\) to locate the entry; or
>
> \(B\) to reconstruct the entry if it cannot be located.