### §3206. Termination of preferential treatment

#### (a) In general

No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall—

(1) remain in effect—

(A) with respect to Colombia after July 31, 2013; and

(B) with respect to Peru after December 31, 2010;

(2) remain in effect with respect to Ecuador after June 30, 2009, except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Ecuador during the period beginning on July 1, 2009, and ending on July 31, 2013, unless the President reviews the criteria set forth in section 3202 of this title, 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 3202(c) of this title 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 3202(d) of this title; and

(3) remain in effect with respect to Bolivia after June 30, 2009, except that duty-free treatment and other preferential treatment under this chapter 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 3202 of this title, 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 3202(c) of this title 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 3202(d) of this title.

#### (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.

(Pub. L. 102–182, title II, §208, Dec. 4, 1991, 105 Stat. 1244; Pub. L. 107–210, div. C, title XXXI, §3104(a), Aug. 6, 2002, 116 Stat. 1034; Pub. L. 109–432, div. D, title VII, §7002, Dec. 20, 2006, 120 Stat. 3194; Pub. L. 110–42, §1, June 30, 2007, 121 Stat. 235; Pub. L. 110–191, §2(a), Feb. 29, 2008, 122 Stat. 646; Pub. L. 110–436, §1(a), Oct. 16, 2008, 122 Stat. 4976; Pub. L. 111–124, §2(a), Dec. 28, 2009, 123 Stat. 3484; Pub. L. 111–344, title II, §201(a), (b), Dec. 29, 2010, 124 Stat. 3616; Pub. L. 112–42, title V, §501(a), Oct. 21, 2011, 125 Stat. 494.)

#### **Editorial Notes**

#### Amendments

2011—Subsec. (a)(1)(A), (2). Pub. L. 112–42 substituted "July 31, 2013" for "February 12, 2011".

2010—Subsec. (a)(1). Pub. L. 111–344, §201(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "remain in effect with respect to Colombia or Peru after December 31, 2010;".

Subsec. (a)(2). Pub. L. 111–344, §201(b), substituted "February 12, 2011" for "December 31, 2010" in introductory provisions.

2009—Subsec. (a)(1), (2). Pub. L. 111–124 substituted "December 31, 2010" for "December 31, 2009".

2008—Pub. L. 110–436 amended section generally. Prior to amendment, text read as follows: "No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall remain in effect after December 31, 2008."

Pub. L. 110–191 substituted "December 31, 2008" for "February 29, 2008".

2007—Pub. L. 110–42 struck out subsec. (a) designation and heading at beginning of section, substituted "No" for "Subject to subsection (b), no" and "February 29, 2008" for "June 30, 2007", and struck out subsec. (b), which provided for certain conditional extensions.

2006—Pub. L. 109–432 designated existing provisions as subsec. (a), inserted heading, substituted "Subject to subsection (b), no" for "No" and "June 30, 2007" for "December 31, 2006", and added subsec. (b).

2002—Pub. L. 107–210 substituted "Termination of preferential treatment" for "Effective date and termination of duty-free treatment" in section catchline and amended text generally, substituting provisions establishing a termination date of Dec. 31, 2006, for preferential treatment under this chapter for provisions designated subsecs. (a) and (b) establishing an effective date of Dec. 4, 1991, for this chapter and a termination date 10 years later for duty-free treatment under this chapter.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–42 applicable to articles entered on or after the 15th day after Oct. 21, 2011, with retroactive application for certain liquidations and reliquidations, see section 501(c) of Pub. L. 112–42, set out in a note under section 3805 of this title.

#### Retroactive Application for Certain Liquidations and Reliquidations

Pub. L. 107–210, div. C, title XXXI, §3104(b), Aug. 6, 2002, 116 Stat. 1034, provided that:

"(1) In general.—Notwithstanding section 514 of the Tariff Act of 1930 [19 U.S.C. 1514] 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 [Aug. 6, 2002],

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."

[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.]