G/C/W/708  
 
18 November 2014  
(14-6678)  Page: 1/17  
Council for Trade in Goods  Original: English  
 
 REQUEST FOR A WAIVER 
CARIBBEAN BASIN ECONOMIC RECOVERY ACT (CBERA AS AMENDED) 
The following communication, dated 7 November 2014, is being circulated at the request of the 
delegation of the United States of America. 
 
_______________ 
 
 
SPECIAL UNITED STATES TRADE A RRANGEMENTS FOR COUNTRIES OF 
CENTRAL AMERICA AND THE CARIBBEAN 
Pursuant to Article IX:3 of the Marrakesh Agr eement Establishing the World Trade Organization 
(WTO Agreement), the United States hereby requests Members to extend and expand the scope of the existing waiver of US obligations under para graph 1 of Article I of the General Agreement on 
Tariffs and Trade 1994 (GATT 1994) to the extent necessary to permit the United States to provide 
duty-free treatment to eligible products originating in beneficiary Central American and Caribbean countries and territories ("beneficiary countries") designated pursuant to the provisions of the 
Caribbean Basin Economic Recovery Act of 1983, as amended by the Caribbean Basin Economic 
Recovery Expansion Act of 1990 (CBERA).
1 The United States requests Members to extend the 
waiver through 31 December 2019, and broaden it to waive US obligations under paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII of  GATT 1994 to the extent necessary to permit the 
United States to provide preferential tariff treatment to eligible products originating in beneficiary 
countries designated pursuant to the provisio ns of the CBERA, as amended by the United 
States-Caribbean Basin Trade Partnership Act, the Haitian Hemispheric Opportunity through 
Partnership Encouragement Act of 2006 ("HOPE Act"), the Haitian Hemispheric Opportunity 
through Partnership Encouragement Act of 2008 ("HO PE II"), and the Haiti Economic Lift Program 
Act of 2010 ("HELP Act") (collectively, "CBERA as  amended"). The text of the CBERA as amended 
may be found in Annexes I.a to I.e of document G/C/W/508/Rev.2
2, and in Public Law 111-171 
here attached as Annex I3. 
 1  DESCRIPTION OF THE MEASURE 
The United States-Caribbean Basin Trade Partnershi p Act (CBTPA), enacted as Title II of the Trade 
and Development Act of 2000 (Public Law 106-200),  and amended by section 3107 of the Trade 
Act of 2002 (Public Law 107-210), section 1558 of the Miscellaneous Trade and Technical 
Corrections Act of 2004 (Public Law 108-429), and section 15408 of the Food, Conservation, and 
Energy Act of 2008, amends the CBERA
4 by providing for preferential tariff treatment for additional 
products that originate in a country the President has designated as eligible to receive 
                                               
1 See Caribbean Basin Economic Recovery Act, Re newal of Waiver, Decision of 27 May 2009 
(WT/L/753). 
2 Annex I.a: Caribbean Basic Econ omic Recovery Act – 19 USC Chapte r 15 – Caribbean Basin Economic 
Recovery; Annex I.b: Miscellaneous Trade and Technical Corrections Act of 2004; Annex I.c: Public Law 110-246 Food, Conservation, and Energy Act of 2008; Annex I.d: Haitian Hemispheric Opportunity 
through Partnership Encouragement Act of 2006; and, Annex I.e: Public Law 110-246 Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008. 
3 Available in English only. 
4 The original CBERA program is described in more detail in the Request for Renewal of Waiver (G/L/25) 
which was included in the previously submitted information on the CBERA programme in document G/C/W/508/Add.1. G/C/W/708 
 
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  CBTPA benefits.5 Further, the HOPE, HOPE II and HELP Acts amend CBERA to make Haiti eligible 
for additional trade benefits.  Specifically, section 213(b)(2) of the CBERA as amended (19 U.S.C. § 2703 (b)(2)) provides for 
duty-free treatment for apparel assembled in eligib le beneficiary countries from: (1) fabrics formed 
in the United States from US yarns and cut, dyed, and finished in the United States; (2) components knit-to-shape in the United States from US yarns; (3) fabrics formed in the United 
States from US yarns and dyed and finished in th e United States, but cut in the region, and sewn 
with US thread; and (4) a combination of fabrics formed in the United States from US yarns and 
dyed and finished in the United States, but cut in  the region, and components knit-to-shape in the 
United States from US yarns, and sewn with US thread. Subject to a quantitative limit, the CBERA 
as amended also provides for duty-free treatmen t for certain knit apparel cut and assembled in 
eligible beneficiary countries from fabrics formed in the region or the United States from US yarns, or apparel (other than socks) knit-to-shape in eligible beneficiary countries from US yarns. There 
is a separate quantitative limit for t-shirts (other than underwear) made in eligible beneficiary 
countries from fabric formed in the region from  US yarns. In addition, the CBERA as amended 
provides for duty-free treatment for: (1) certain brassieres; (2) apparel made from fabrics or 
yarns from third party sources, if those inputs are determined to be in "short supply" in the United 
States; (3) certain textile luggage; and (4) hand-loomed, handmade, or folklore textiles or apparel.  
In addition, section 213(b)(3) of the CBERA as amended (19 U.S.C. § 2703 (b)(3)) provides tariff 
treatment equivalent to that extended to Mexi co under the North American Free Trade Agreement 
for certain non-textile and apparel products
6, and duty-free treatment for four rubber footwear 
items.7 Section 213(a)(6) of the CBERA as amended (19 U.S.C. § 2703 (a)(6)) also provides for 
duty-free treatment of certain beverages pr oduced in Canada from rum produced in 
CBERA beneficiary countries. 
 
The HOPE Act as amended (Section 213a of the CBER A) provides for apparel imports from Haiti to 
enter the United States duty-free if the "applicable  percentage" of the value of inputs and/or costs 
of processing is met from any combination of Hait i, United States, US FTA or regional preference 
program partner countries. The HOPE Act as amended also provides duty-free treatment for 
certain apparel articles if imported directly from Haiti or the Dominican Republic, provided that Haiti and the Dominican Republic develop procedur es to prevent transhipment. The HOPE Act as 
amended also removes duties for three years on a specified quantity of woven apparel imports 
from Haiti made from fabric produced anywhere in the world. Additionally, the Act allows duty-free treatment for any apparel article classifiable under heading 6212.10 of the HTS (certain 
brassieres), if the article is both cut and sewn or  otherwise assembled in Haiti or the US, or both 
without regard to the source of the fabric or components from which the article is made. Finally, the HOPE Act as amended allows automotive wire harnesses imported from Haiti that contain at least 50 per cent by value of materials produced in Haiti, the United States, or US-FTA partner or 
                                               
5 In accordance with Section 212(b) of the CBERA as amended (19 U.S.C. § 2702 (b)), "Central America 
and the Caribbean" refers to the following countries or  any successor political entities of these countries: 
Anguilla, Antigua and Barbuda, The Bahamas, Barbados, Be lize, British Virgin Islands, Cayman Islands, Costa 
Rica, Dominica, Dominican Republic, El Salvador, Gren ada, Guatemala, Guyana, Ha iti, Honduras, Jamaica, 
Montserrat, Netherlands Antilles, Nicaragua, Panama, Saint Lucia, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Turks and Caicos Islands, and Trinidad and Tobago. 
The President has designated the following Central American and Caribbean countries as both CBERA 
and CBTPA beneficiary countries: Antigua and Barbuda, Aruba, The Bahamas, Barbados, Belize, British Virgin 
Islands, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and Tobago. Sections 212 and 213(b)(5)(B) of the amended CBERA 
(19 U.S.C. §§ 2702, 2703 (b)(5)(B)) describe the eligibility criteria countries must meet to be designated as a CBERA or CBTPA beneficiary country. 
To be eligible for the enhanced benefits of the CBTPA, however, CBTPA beneficiary countries must 
implement and follow (or be making substantial progre ss toward implementing and following) certain customs 
procedures and requirements, as described in section 213(b)(4) of the CBERA as amended (19 U.S.C. § 2703 (b)(4)). The following beneficiary countries are currently eligible for the enhanced benefits of the CBTPA: Barbados, Belize, Guyana, Haiti, Jamaica, Saint Lucia, and Trinidad and Tobago. 
The HELP Act extended the enhanced benefits of the CBTPA until 30 September 2020. 
6 These products are certain: (1) footwear; (2) ca nned tuna; (3) petroleum products; (4) watches and 
watch parts; and (5) handbags, luggage, flat good s, work gloves and le ather wearing apparel. 
7 With respect to footwear, note that section 1558 of the Miscellaneous Trade and Tariff Act of 2004 
amended section 213(b) of the CBERA to  reduce the number of footwear items that are ineligible to receive 
duty-free treatment. G/C/W/708 
 
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  regional preference program beneficiary countries to qualify for duty-free treatment. The HOPE Act 
as amended also establishes an International Labor Organization monitoring program, and requires the President to establish certain procedures to monitor Haiti's and individual producers' compliance with the eligibility criteria. 
 
In May 2010, following the earthquake that struck Haiti, the President signed the HELP Act. The HELP Act further expanded existi ng preferences for apparel and established new preferences for 
certain non-apparel textile goods. The HELP Ac t expanded and extended current preference 
programs under the HOPE and HOPE II Acts, and established new preferences providing unlimited duty-free treatment for certain knit apparel and certain non-apparel textiles wholly assembled or knit-to-shape in Haiti, using fabric or components from any source. 
 
Under section 212(e) of the CBERA as amended (19 U.S.C. § 2702 (e)), the President may, in certain circumstances, withdraw or suspend the designation of any country as a beneficiary 
country, and may also withdraw, suspend, or limit the application of preferential treatment to any 
article of any beneficiary country. The CBERA as amended does not alter the benefits the United 
States provides under its Generalized System of  Preferences (GSP) program to other developing 
countries. 
 Benefits provided under the original CBERA are permanent. The benefits added by the CBTPA are available through 30 September 2020, or until the Free Trade Area of the Americas (FTAA) or 
other free trade agreement between the United States and the beneficiary country enters into 
force, whichever occurs first.
8 Additionally, certain benefits authorized by the HOPE Act as 
amended are available to Haiti through 30 September 2020. 
 
2  SPECIFIC POLICY OBJE CTIVES OF THE MEASURE 
The CBERA as amended is intended to help Cari bbean Basin countries develop their economies and 
diversify their exports. The CBERA as amended furt hers these goals by creating opportunities to 
expand trade between the United States and beneficiary countries, thus promoting economic opportunity and growth in the region. The CBERA as  amended is further intended to provide more 
stability, strengthen security, decrease illegal immigration, and improve regional cooperation in 
efforts to fight drug trafficking. The CBERA as amended is also designed to help stabilize the 
region's economies in the wake of devastating hurricanes in 1998, 2004 and 2008, as well as the earthquake that struck in January 2010. 
 
3  CIRCUMSTANCES JUSTIFYING THE WAIVER 
The United States is committed to working in partnership with our close neighbours in the 
Caribbean Basin to improve livelihoods and expand economic opportunities through greater 
economic integration. In this effort, the Caribbe an Basin countries have undertaken to strengthen 
their policy orientation to promote economic growth and to diversify exports. The CBERA as amended provides a vital US contribution to the efforts in this partnership to achieve greater 
economic integration. 
 The United States is concerned that conditions of poverty and instability remain high in our 
neighbours in the Caribbean Basin, particularly in Haiti. Economic prospects for these small 
countries are further complicated by susceptibility to natural disasters, such as the major hurricanes that have affected the Caribbean Basi n in recent years. In response, the recent 
extension and expansion of benefits under th e CBERA as amended by CBTPA and the HOPE, 
HOPE II, and HELP Acts is intended to further expand economic opportunities and contribute towards a more stable and prosperous region. 
                                               
8 Under section 201(a)(3)(B) of the Dominican Republic-Central America-United States Free Trade 
Implementation Act, three exceptions apply to withdr awal of CBERA/CBTPA beneficiary status; the United 
States will continue to treat CAFTA-DR countries as beneficiary countries: (1) to preclude the International Trade Commission from cumulating CBERA imports in antidumping and countervail ing duty investigations 
according to section 771(7) (G)(ii)(III) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(G)( ii)(III)); (2) to 
implement duty free treatment for certain ethyl alcoho l provided under paragraph 12 of Appendix I of the 
General Notes to the Schedule of the United States to  Annex 3.3 of the Agreement;  and (3) for purposes of 
taxpayer deductions for business tr ips to CBERA countries. Additionally , current CBERA and CBTPA beneficiary 
countries will be able to continue to count inputs from the former benefici aries toward qualifying for benefits 
under CBERA and CBTPA. G/C/W/708 
 
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We note that our neighbour, Haiti, is the most  impoverished country in the Western Hemisphere 
and one of the most susceptible to economic and political instability. On 12 January 2010, a massive earthquake struck Haiti, causing catastrophic damage inside and around the capital city of 
Port-au-Prince. The earthquake killed more than 230,000 people, displaced more than 1.5 million, 
and affected more than 3 million. A cholera epidemic that broke out in October 2010 further challenged the post-earthquake environment. The United States has worked to respond to the 
humanitarian emergency following the earthquake, support recovery initiatives, and establish the 
foundation for reconstruction and longer-term development. An important element of the overall strategy is job creation and a long-term view to strengthen the capacity of Haiti's government institutions, as well as the institutions of the smaller economies in the region. 
 
The United States is committed to a strategy that will reinforce economic growth, security, good governance, and leadership in creating a climate where investors will be willing to take risks and 
bring jobs to Haiti and the Caribbean Basin region. In this light, the issuance of a waiver to allow 
Haiti and the region extended benefits under CBERA as amended is a critical step in enhancing prospects for a stable future. 
 
4  CONCLUSION 
Pursuant to Article IX:3 of the WTO Agreement, the United States requests Members to extend 
and expand the scope of the existing waiver of US obligations under paragraph 1 of Article I, to 
the extent necessary to permit the United Stat es to provide duty-free treatment to eligible 
products originating in beneficiary countries design ated pursuant to the provisions of the CBERA. 
The United States requests Members to extend the waiver through 31 December 2019, and 
broaden it to waive US obligations under paragraph 1 of Article I and paragraphs 1 and 2 of 
Article XIII of GATT 1994, to the extent necess ary to permit the United States to provide 
preferential tariff treatment to eligible products originating in beneficiary countries designated 
pursuant to the provisions of the CBERA as amen ded. A draft waiver decision is attached for 
consideration.  The United States requests the Council for Trade in Goods to give this application for a waiver 
expeditious and favourable consideration. In the meantime, the United States will promptly enter 
into consultations, on request, with any interested  Member with respect to any difficulty or matter 
that may arise as a result of the preferential treatment provided under the CBERA as amended. 
 G/C/W/708 
 
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  UNITED STATES – CARIBBEAN BASIN ECONOMIC RECOVERY ACT 
RENEWAL OF WAIVER 
Draft Decision of … 20149 
The General Council, 
 
 Conducting  the function of the Ministerial Confer ence in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement; 
 
Having regard to  paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement 
Establishing the World Trade Organization (the "W TO Agreement"), the Guiding Principles to be 
followed in considering applications for waivers adopted on 1 November 1956 (BISD 5S/25), and 
the Understanding in Respect to Waivers of Obligations under the General Agreement on Tariffs 
and Trade 1994 (the "Understanding");  
Taking note  of the request of the United States, purs uant to paragraph 3 of Article IX of the 
WTO Agreement, to extend and expand  the scope of the existing waiver
10 of its obligations under 
paragraph 1 of Article I of the General Agreemen t on Tariffs and Trade 1994 (GATT 1994), to the 
extent necessary to permit the United States to provide duty-free treatment to eligible products 
originating in beneficiary Central American and Caribbean countries and territories ("beneficiary countries") designated pursuant to the provisions of the Caribbean Basin Economic Recovery Act of 1983, as amended by the Caribbean Basin Economic  Recovery Expansion Act of 1990 (CBERA), by 
extending the waiver through 31 December 2019 , and by broadening the waiver to include 
US obligations under paragraph 1 of Article I and paragraphs 1 and 2 of Article XIII to the extent 
necessary for the United States to provide prefer ential tariff treatment to eligible products 
originating in beneficiary countries designated pursuant to the provisions of the CBERA, as 
amended by the United States-Caribbean Basin Trade Partnership Act, the Haitian Hemispheric 
Opportunity through Partnership Encouragement Ac t of 2006, the Haitian Hemispheric Opportunity 
through Partnership Encouragement Act of 2008, and the Haitian Economic Lift Program Act of 
2010 (collectively, "CBERA as amended");  
Bearing in mind  the Ministerial Decision on Measures in Favour of Least-Developed 
Countries, adopted in Marrakesh on 15 April 1994; 
 
Bearing in mind  also the 1979 Decision on Differential and More Favourable Treatment, 
Reciprocity and Fuller Participation of Developing Countries and the 1994 Decision on Measures in 
Favour of Least-Developed Countries;  
Bearing in mind  also that the CONTRACTING PARTIES of the GATT 1947 granted the United 
States a waiver of obligations under paragraph 1 of Article I on 15 February 1985
11, for the period 
from 1 January 1984 through 30 September 1995, and that Members extended the waiver on 15 November 1995
12 in respect of paragraph 1 of Article I of the GATT 1994 through 
30 September 2005, and again on 29 May 200913 through 31 December 2014, to the extent 
necessary for the United States to provide duty-free treatment for imports of eligible products originating in beneficiary countries designated  pursuant to the provisions of the CBERA; 
 
Considering  that the United States-Caribbean Basin Trade Partnership Act (CBTPA), the 
Haitian Hemispheric Opportunity through Partne rship Encouragement Act of 2006, the Haitian 
Hemispheric Opportunity through Partnership Encouragement Act of 2008, and the Haitian 
                                               
9 Adopted in accordance with the Decision-Making Procedures under Article IX of the WTO Agreement 
agreed by the General Council in November 1995 (WT/L/93). 
10 Document WT/L/753. 
11 (BISD 31S/20). 
12 WT/L/104. 
13 WT/L/753. G/C/W/708 
 
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  Economic Lift Program Act of 2010 expand the pr eferences the United States extends under the 
CBERA;  
Considering  further the exceptional situation of the CBERA as amended and 
CBTPA beneficiary countries, and the stated objective of the CBERA as amended to assist the trade 
and economic development and recovery of Ca ribbean Basin countries by encouraging the 
expansion of productive capacity in those countries in response to more liberal access and to new 
trading opportunities; 
 
Considering  further that the preferential treatment provided for under the CBERA as 
amended is designed to promote the expansion of  trade and economic development of beneficiary 
countries in a manner consistent with the objectives expressed in paragraphs 1, 2, and 3 of the 
Preamble to the WTO Agreement;  
Considering  further that the preferential treatmen t provided under the CBERA as amended 
will not alter benefits provided under the US Generalized System of Preferences to other developing countries; 
 
Considering , moreover, that the duty-free treatment provided under CBERA should not 
prejudice the interests of other Members not bene fiting from such treatment, and that it is 
expected that the extension of such duty-free tr eatment will not cause a significant diversion of 
United States imports of products eligible under CBERA originating in Members who are not 
beneficiary countries;  
Considering that the duty-free treatment pr ovided under CBERA by the United States 
Government shall not constitute an impediment to the reduction or elimination of tariffs and other restrictions to trade on a most-favoured-nation basis; 
 
Noting  the assurances given by the United States that it will promptly enter into 
consultations, on request, with any interested Member with respect to any difficulty or matter that may arise as a result of the preferential tr eatment provided under the CBERA as amended; 
 
Decides , in view of these exceptional circumstances, as follows: 
 
1. Subject to the terms and conditions set out hereunder, paragraph 1 of Article I and 
paragraphs 1 and 2 of Article XIII of the GATT 1 994 shall be waived through 31 December 2019, 
to the extent necessary to permit the United St ates to provide preferential tariff treatment to 
eligible products originating in beneficiary countries designated pursuant to the provisions of the 
CBERA as amended.  2. The United States shall submit to the General Council an annual report on the 
implementation of the trade-related provisions of the CBERA with a view to facilitating the annual 
review provided for in paragraph 4 of Article IX  of the WTO Agreement. The United States shall 
promptly notify the General Council of any trade-related measure taken under CBERA, in 
particular, any changes in the designation of beneficiary countries, as well as any modification 
being considered in the list of eligible products  and the duty-free treatment thereof, and shall 
furnish it with all the information it may deem appropriate relating to such action. The United 
States shall consult with regard to any modification being considered in the list of eligible products. 
 3. Such duty-free treatment shall be designed to  facilitate and promote the trade of beneficiary 
countries and not to raise barriers to or create undue difficulties for the trade of any other 
Members. 
 4. The United States shall promptly enter into consultations, on request, with any interested 
Member with respect to any difficulty or matter that may arise as a result of the preferential 
treatment provided under the CBERA as amended. If a Member considers that any benefit accruing to it under the GATT 1994 may be or is being impaired unduly as a result of such implementation, 
such consultation shall examine the possibility of ac tion for a satisfactory resolution of the matter. 
 5. This Decision does not affect Members' rights as set forth in the Understanding in Respect of Waivers of Obligations under the GATT 1994. 
 G/C/W/708 
 
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  ANNEX I 
 
PUBLIC LAW 111-171 
 
Haitian Economic Lift Program Act of 2010 
 SECTION 1. SHORT TITLE. 
 
This Act may be cited as the "Haiti Economic Lift Program Act of 2010". 
 SEC. 2. FINDINGS. 
 
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 histor y. 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 Gove rnment 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 Op portunity through Partnership Encouragement 
Act of 2006, and the Haitian Hemispheric Opportunity through Partnership Encouragement Act of 2008), which extend duty-free tariff trea tment 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. 
 
SEC. 3. EXTENSION OF CARIBBEAN BASIN ECONOMIC RECOVERY ACT. 
 
The 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". G/C/W/708 
 
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SEC. 4. APPAREL AND OTHER ARTICLES SUBJECT TO CERTAIN ASSEMBLY RULES.  
(a) Certain Other Apparel Articles.--Section 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) In general.--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) Articles described.--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 Number HTS Statistical
 
Reporting Number  
 
334 6101.90.9010  
6112.11.0010  
6103.22.0010  
6113.00.9015  
 
335 6104.22.0010  
6104.29.2010  
6112.11.0020  
 
336 6104.49.9010  
 
338 6103.22.0050  
6105.90.8010  
6112.11.0030  
 
339 6104.22.0060  
6104.29.2049  
6106.90.2510  
6106.90.3010  
6110.20.1031  
6110.20.1033  
6112.11.0040  
 
342 6104.22.0030  
6104.29.2022  
6104.52.0010  
6104.52.0020  
6104.59.8010  
 
350 6107.91.0040  
6107.91.0090  
 
351 6107.21.0010  
6107.21.0020  
6107.91.0030  
6108.31.0010  
6108.31.0020  
 G/C/W/708 
 
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  433 6103.23.0007  
6103.29.0520  
6103.31.0000  
6103.33.1000  
6103.39.8020  
 
434 6101.30.1500  
6101.90.0500  
6101.90.9020  
6103.23.0005  
6103.29.0510  
 
435 6102.30.1000  
6102.90.9010  
6104.23.0010  
6104.29.0510  
6104.29.2012  
6104.33.1000  
6104.39.2020  
 
438 6103.23.0025  
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  
 
634 6101.30.1000  
6101.90.9030  
6103.23.0036  
6103.29.1010  
6112.12.0010  
6112.19.1010  
6112.20.1010  
6112.20.1030  
6113.00.9025  
 G/C/W/708 
 
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  635 6102.30.0500  
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  
 
636 6104.49.9030  
6104.44.2020  
 
638 6103.23.0075  
6103.29.1050  
6105.90.8030  
6110.30.1050  
6110.30.2051  
6110.30.2053  
6112.12.0030  
6112.19.1030  
 
639 6104.23.0036  
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  
 
651 6107.22.0010  
6107.22.0015  
6107.22.0025  
6107.99.1030  
6108.32.0015  
 
 
"(iii) Category defined.--In this subparagraph, the term 'category' has the meaning given that term in paragraph (2A)(E) of this 
subsection.". 
 (b) Made-Up Textile Articles.--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) Made-up textile articles.-- 
"(i) In general.--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 Un ited 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) Articles described.--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): 
 G/C/W/708 
 
- 11 - 
 
  "Category Number HTS Statistical  
Reporting Number  
 
363 6302.60.0020  
6302.91.0015  
6302.91.0035  
6307.90.8940  
 
369 6304.91.0020  
6304.92.0000  
6302.60.0010  
6302.60.0030  
6302.91.0005  
6302.91.0050  
6307.90.8910  
6307.90.8945  
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  
6301.30.0020  
6302.91.0045  
 
 
465 5701.10.9000  
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  
5702.31.1000  
5702.31.2000  
 
469 6304.19.3040  
6304.91.0050  
6304.99.1500  
6304.99.6010  
5601.29.0020  
6302.39.0010  
6406.10.9020  
 G/C/W/708 
 
- 12 - 
 
  665 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  
5703.20.2010  
5703.20.2090  
 
 
666 6304.11.2000  
6304.91.0040  
6304.93.0000  
6304.99.6020  
6301.40.0010  
6301.40.0020  
6301.90.0010  
 
669 5601.10.2000  
5601.22.0090  
5807.10.0520  
5807.90.0520  
6307.90.3020  
6305.32.0010  
6305.32.0020  
6305.32.0050  
6305.32.0060  
6305.39.0000  
6406.10.9040  
6308.00.0020  
 
899 6304.11.3000  
6304.19.3060  
 6304.91.0070  
6304.99.3500  
6304.99.6040  
5601.29.0090  
 6301.90.0030  
6305.90.0000  
 6406.10.9060  
 
900 5601.29.0010  
 5701.90.2010  
6301.90.0020  
 
 
"(iii) Other articles described.--Made-up textile articles described in 
this clause are articles that fall within statistical reporting number 6406.10.9090 of the HTS (as in effect on the day before the date of the 
enactment of this subparagraph). 
"(iv) Category defined.--In this subparagraph, the term 'category' 
has the meaning given that term in pa ragraph (2A)(E) of this subsection.". 
 G/C/W/708 
 
- 13 - 
 
  SEC. 5. MODIFICATION OF TARIFF PREFERENCE LEVELS; VERIFICATION WITH RESPECT 
TO TRANSSHIPMENT FOR CERTAIN APPAREL ARTICLES.    Section 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), th e 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) IN GENERAL.--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 th e 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 general.--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 described.--Apparel articles described in this 
clause are apparel articles described in paragraph (2)(A)(i) that are the 
following: 
"(I) Category 347.--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): 
 
"6203.19.1020....... ............. ....  6203.42.4011........... ......  6203.42.4061 
 6203.19.9020........... ........... ...  6203.42.4016.......... .......  6203.49.8020 
 6203.22.3020........... ........... ...  6203.42.4026.......... .......  6210.40.9033 
 6203.22.3030........... ........... ...  6203.42.4036.......... .......  6211.20.1520 
 6203.42.4003........... ........... ...  6203.42.4046.......... .......  6211.20.3810 
 6203.42.4006........... ........... ...  6203.42.4051.......... .......  6211.32.0040 
 
 "(II) Category 348.--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......... ...............   6204.62.4011 .............. ...  6204.69.9010 
 6204.19.8030........... ........... ...   6204.62.4021........... .....   6210.50.9060 
 6204.22.3040........... ........... ...   6204.62.4031........... .....   6211.20.1550 
 6204.22.3050........... ........... ...   6204.62.4041........... .....   6211.20.6810 
 6204.29.4034........... ........... ...   6204.62.4051........... .....   6211.42.0030 
 6204.62.3000........... ........... ...   6204.62.4056........... .....   6217.90.9050 
 6204.62.4003........ ............ .....   6204.62.4066...... ..........  ...... .......... ............. ............ 
 6204.62.4006........ ............ ......  6204.69.6010......... ........  ..... .......... ............. ............. 
 G/C/W/708 
 
- 14 - 
 
  "(III) Category 647.--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......... ...............   6203.43.4020 .............. ...  6203.49.8030 
  6203.23.0070............... .........   6203.43.4030....... .........  6210.40.5031 
  6203.29.2030............... .........   6203.43.4040....... .........  6210.40.5039 
  6203.29.2035............... .........   6203.49.1500....... .........  6211.20.1525 
  6203.43.2500............... ..........   6203.49.2015.... ............  6211.20.3820 
  6203.43.3510............... .........   6203.49.2030....... .........  6211.33.0030 
  6203.43.3590........... .............   6203.49.2045.... ............  .... ............ .............. ........... 
  6203.43.4010........... ..............  6203.49. 2060............ .....  ........ ........... ............ .......... 
 
"(IV) Category 648.--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................ ........  6204.63.3510....... ..........  6204.69.6030 
 6204.23.0045........ ............ .....   6204.63.3530......... .......  6204.69.9030 
  6204.29.2020............. ...........  6204.63.3532...... ...........  6210.50.5031 
 6204.29.2025........ ............ .....   6204.63.3540......... .......  6210.50.5039 
 6204.29.4038........... ........... ...  6204.69.2510.......... .......  6211.20.1555 
  6204.63.2000............... .........   6204.69.2530....... .........  6211.20.6820 
  6204.63.3010............... .........   6204.69.2540....... .........  6211.43.0040 
  6204.63.3090............... .........   6204.69.2560....... .........  6217.90.9060 
 
"(C) Exception for certain knit articles.— 
"(i) In general.--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 described.--Apparel 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: 
 
"6105.10.0010......... .............. ..  6109.10.0040......... ........  6110.30.3053 
  6109.10.0018............... ..........  6109.10. 0045......... ........  6110.30.3059 
  6109.10.0027........... ..............  6110.20. 2079............ .....  ........ ........... ............ .......... 
 
"(D) Verification with respect to transshipment for certain apparel articles.-
- 
"(i) In general.-- Not later than April 1, July 1, October 1, and 
January 1 of each year, the Commissioner responsible for United States 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) Report to president.--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 limitation.-- If, 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 G/C/W/708 
 
- 15 - 
 
  "(II) if the President modifies the limitation under 
subclause (I), shall publish notice of the modification in the Federal Register. 
"(E) Category defined.--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)." 
 SEC. 6. EARNED IMPORT ALLOWANCE RULE.  
Section 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".  
SEC. 7. EXTENSION OF VALUE-ADDED RULE. 
 
Section 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 period.--The 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 -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 G/C/W/708 
 
- 16 - 
 
  (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 applic able 1-year period……………… 1 percent. 
 
each of the succeeding 11 1-ye ar 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". 
 
 SEC. 8. WIRE HARNESSES. 
 
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".  
SEC. 9. CUSTOMS SUPPORT SERVICES. 
 
(a) In General.-- 
(1) Rapid response team.--The Commissioner responsible for United States 
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) Report.--Not later than 75 days after th e 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 assessm ent 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). 
 G/C/W/708 
 
- 17 - 
 
  (b) Support Team.-- 
(1) In general.--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) Termination.--The support team authorized by paragraph (1) shall terminate 
on September 30, 2020. 
(c) Authorization of Appropriations.-- 
(1) In general.--There are authorized to be appropriated to the United States 
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 supplant.--The 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. 
 
SEC. 10. SENSE OF CONGRESS. 
 
(a) Regional Cooperation.--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) Transshipment.--It is the sense of Congress that the Commissioner responsible for 
United States 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. 
 
SEC. 11. CUSTOMS USER FEES.  
Section 13031(j)(3) of the Consolidated Omnibus Reconciliation Act of 1985 (19 U.S.C. 
58c(j)(3)) is amended— 
(1) in subparagraph (A), by striking "M ay 14, 2018" and inserting "November 10, 
2018" and 
(2) in subparagraph (B)(i), by striking "June 7, 2018" and inserting "August 17, 
2018". 
 
SEC. 12. TIME FOR PAYMENT OF  CORPORATE ESTIMATED TAXES. 
 
(a) Shift From 2015 to 2014.--The percentage under paragraph (1) of section 202(b) of 
the Corporate Estimated Tax Shift Act of 2009 in effect on the date of the enactment of this Act is 
increased by 0.75 percentage points. 
(b) Shift From 2016 to 2015.--The percentage under paragraph (2) of section 561 of the 
Hiring Incentives to Restore Employment Act in effect on the date of the enactment of this Act is 
increased by 0.75 percentage points. 
 SEC. 13. BUDGET COMPLIANCE. 
 
The budgetary effects of this Act, for th e purpose of complying with the Statutory 
Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled 
"Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Comm ittee, provided that such statement has been 
submitted prior to the vote on passage.  
__________