II 

109TH CONGRESS 

2D SESSION S. 3344 

To provide temporary duty reductions for certain cotton fabrics, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2006 

Mr. SPECTER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To provide temporary duty reductions for certain cotton 

fabrics, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TEMPORARY DUTY REDUCTIONS FOR CERTAIN 

4 COTTON SHIRTING FABRIC. 

5 (a) CERTAIN COTTON SHIRTING FABRICS.— 

6 (1) IN GENERAL.—Subchapter II of chapter 99 

7 of the Harmonized Tariff Schedule of the United 

8 States is amended by inserting in numerical se9 quence the following new headings: 


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•S 3344 IS 

‘‘ 9902.52.08 Woven fabrics of cotton, of a type described in subheading 5208.21, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.09 Woven fabrics of cotton, of a type described in subheading 5208.22, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.10 Woven fabrics of cotton, of a type described in subheading 5208.29, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.11 Woven fabrics of cotton, of a type described in subheading 5208.31, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.12 Woven fabrics of cotton, of a type described in subheading 5208.32, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.13 Woven fabrics of cotton, of a type described in subheading 5208.39, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 


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•S 3344 IS 

9902.52.14 Woven fabrics of cotton, of a type described in subheading 5208.41, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.15 Woven fabrics of cotton, of a type described in subheading 5208.42, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.16 Woven fabrics of cotton, of a type described in subheading 5208.49, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.17 Woven fabrics of cotton, of a type described in subheading 5208.51, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.18 Woven fabrics of cotton, of a type described in subheading 5208.52, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 

9902.52.19 Woven fabrics of cotton, of a type described in subheading 5208.59, other 

than fabrics provided for in headings 

9902.52.20 through 9902.52.31, certified by the importer to be suitable 

for use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Notes 18 and 19 of this subchapter. Free No change No change On or before 

12/31/2009 


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•S 3344 IS 

9902.52.20 Woven fabrics of cotton of a type described in subheading 5208.21, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.21 Woven fabrics of cotton of a type described in subheading 5208.22, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.22 Woven fabrics of cotton of a type described in subheading 5208.29, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.23 Woven fabrics of cotton of a type described in subheading 5208.31, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.24 Woven fabrics of cotton of a type described in subheading 5208.32, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.25 Woven fabrics of cotton of a type described in subheading 5208.39, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 


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•S 3344 IS 

9902.52.26 Woven fabrics of cotton of a type described in subheading 5208.41, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.27 Woven fabrics of cotton of a type described in subheading 5208.42, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.28 Woven fabrics of cotton of a type described in subheading 5208.49, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.29 Woven fabrics of cotton of a type described in subheading 5208.51, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.30 Woven fabrics of cotton of a type described in subheading 5208.52, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 

9902.52.31 Woven fabrics of cotton of a type described in subheading 5208.59, of average yarn number exceeding 135 

metric, certified by the importer to be 

wholly of pima cotton grown in the 

United States and to be suitable for 

use in men’s and boys’ shirts, the 

foregoing imported by or for the benefit of a manufacturer of men’s and 

boys’ shirts under the terms of U.S. 

Note 18 of this subchapter. ............... Free No change No change On or before 

12/31/2009 ’’. 


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•S 3344 IS 

1 (2) DEFINITIONS AND LIMITATION ON QUAN2 TITY OF IMPORTS.—The U.S. Notes to subchapter II 

3 of chapter 99 of the Harmonized Tariff Schedule of 

4 the United States are amended by adding at the end 

5 the following: 

6 ‘‘18. For purposes of headings 9902.52.08 through 

7 9902.52.31, the term ‘‘manufacturer’’ means a person or 

8 entity that cuts and sews men’s and boys’ shirts in the 

9 United States. 

10 ‘‘19. The aggregate quantity of fabrics entered under 

11 headings 9902.52.08 through 9902.52.19 from January 1 

12 to December 31 of each year, inclusive, by or on behalf 

13 of each manufacturer of men’s and boys’ shirts shall be 

14 limited to 85 percent of the total square meter equivalents 

15 of all imported woven fabrics of cotton containing 85 per16 cent or more by weight of cotton used by such manufac17 turer in cutting and sewing men’s and boys’ cotton shirts 

18 in the United States and purchased by such manufacturer 

19 during calendar year 2000.’’. 

20 (b) DETERMINATION OF TARIFF-RATE QUOTAS.— 

21 (1) AUTHORITY TO ISSUE LICENSES AND LI22 CENSE USE.—In order to implement the limitation 

23 on the quantity of cotton woven fabrics that may be 

24 entered under headings 9902.52.08 through 

25 9902.52.19 of the Harmonized Tariff Schedule of 


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•S 3344 IS 

1 the United States, as required by U.S. Note 19 to 

2 subchapter II of chapter 99 of such Schedule, the 

3 Secretary of Commerce shall issue licenses to eligible 

4 manufacturers under such headings 9902.52.08 

5 through 9902.52.19, specifying the restrictions 

6 under each such license on the quantity of cotton 

7 woven fabrics that may be entered each year by or 

8 on behalf of the manufacturer. A licensee may as9 sign the authority (in whole or in part) under the li10 cense to import fabric under headings 9902.52.08 

11 through 9902.52.19 of such Schedule. 

12 (2) LICENSES UNDER U.S. NOTE 19.—For pur13 poses of U.S. Note 19 to subchapter II of chapter 

14 99 of the Harmonized Tariff Schedule of the United 

15 States, the Secretary of Commerce shall issue a li16 cense to a manufacturer within 60 days after the 

17 manufacturer files with the Secretary of Commerce 

18 an application containing a notarized affidavit from 

19 an officer of the manufacturer that the manufac20 turer is eligible to receive a license and stating the 

21 quantity of imported woven fabrics of cotton con22 taining 85 percent or more by weight of cotton pur23 chased during calendar year 2000 for use in the cut24 ting and sewing men’s and boys’ shirts in the United 

25 States. 


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•S 3344 IS 

1 (3) AFFIDAVITS.—For purposes of an affidavit 

2 described in this subsection, the date of purchase 

3 shall be— 

4 (A) the invoice date if the manufacturer is 

5 not the importer of record; and 

6 (B) the date of entry if the manufacturer 

7 is the importer of record. 

8 SEC. 2. COTTON TRUST FUND. 

9 (a) ESTABLISHMENT OF TRUST FUND.— 

10 (1) IN GENERAL.—There is established in the 

11 Treasury of the United States a trust fund to be 

12 known as the ‘‘Pima Cotton Trust Fund’’ (in this 

13 section referred to as the ‘‘Trust Fund’’), consisting 

14 of such amounts as may be transferred to the Trust 

15 Fund under paragraph (2). 

16 (2) TRANSFER OF AMOUNTS.— 

17 (A) IN GENERAL.—Beginning October 1, 

18 2006, the Secretary of the Treasury shall trans19 fer to the Trust Fund, from the general fund 

20 of the Treasury, amounts determined by the 

21 Secretary of the Treasury to be equivalent to 

22 the amounts received in the general fund that 

23 are attributable to duties received since Janu24 ary 1, 1994, on articles under subheadings 

25 5208.21.60, 5208.22.80, 5208.29.80, 


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•S 3344 IS 

1 5208.31.80, 5208.32.50, 5208.39.80, 

2 5208.41.80, 5208.42.50, 5208.49.80, 

3 5208.51.80, 5208.52.50, and 5208.59.80 of the 

4 Harmonized Tariff Schedule of the United 

5 States, subject to the limitation in subpara6 graph (B). 

7 (B) LIMITATION.—The Secretary may not 

8 transfer more than $16,000,000 to the Trust 

9 fund in any fiscal year, and may not transfer 

10 any amount beginning on or after October 1, 

11 2008. 

12 (3) DISTRIBUTION OF FUNDS.—From amounts 

13 in the Trust Fund, the Commissioner of the Bureau 

14 of Customs and Border Protection shall make the 

15 following payments annually beginning in fiscal year 

16 2007: 

17 (A) 25 percent of the amounts in the 

18 Trust Fund shall be paid annually to a nation19 ally recognized association established for the 

20 promotion of pima cotton grown in the United 

21 States for the use in textile and apparel goods. 

22 (B) 25 percent of the amounts in the 

23 Trust Fund shall be paid annually to yarn spin24 ners of pima cotton grown in the United States, 


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•S 3344 IS 

1 and shall be allocated to each spinner in an 

2 amount that bears the same ratio as— 

3 (i) the spinner’s production of ring 

4 spun cotton yarns, measuring less than 

5 83.33 decitex (exceeding 120 metric num6 ber) from pima cotton grown in the United 

7 States in single and plied form during cal8 endar year 2002 (as evidenced by an affi9 davit provided by the spinner) bears to— 

10 (ii) the production of the yarns de11 scribed in clause (i) during calendar year 

12 2002 for all spinners who qualify under 

13 this subparagraph. 

14 (C) 50 percent of the amounts in the Trust 

15 Fund shall be paid annually to those manufac16 turers who cut and sew cotton shirts in the 

17 United States who certify that they used im18 ported cotton fabric during the period January 

19 1, 1998, through July 1, 2003, and shall be al20 located to each such manufacturer in an 

21 amount that bears the same ratio as— 

22 (i) the dollar value (excluding duty, 

23 shipping, and related costs) of imported 

24 woven cotton shirting fabric of 80s or 

25 higher count and 2-ply in warp purchased 


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•S 3344 IS 

1 by the manufacturer during calendar year 

2 2002 (as evidenced by an affidavit from 

3 the manufacturer that meets the require4 ments of paragraph (4)) used in the manu5 facturing of men’s and boys’ cotton shirts, 

6 bears to— 

7 (ii) the dollar value (excluding duty, 

8 shipping, and related costs) of the fabric 

9 described in clause (i) purchased during 

10 calendar year 2002 by all manufacturers 

11 who qualify under this subparagraph. 

12 (4) AFFIDAVIT OF SHIRTING MANUFACTUR13 ERS.—The affidavit required by paragraph (3)(C) is 

14 a notarized affidavit provided by an officer of the 

15 manufacturer of men’s and boys’ shirts concerned 

16 that affirms— 

17 (A) that the manufacturer used imported 

18 cotton fabric during the period January 1, 

19 1998, through July 1, 2003, to cut and sew 

20 men’s and boys’ woven cotton shirts in the 

21 United States; 

22 (B) the dollar value of imported woven cot23 ton shirting fabric of 80s or higher count and 

24 2-ply in warp purchased during calendar year 

25 2002; 


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•S 3344 IS 

1 (C) that the manufacturer maintains in2 voices along with other supporting documenta3 tion (such as price lists and other technical de4 scriptions of the fabric qualities) showing the 

5 dollar value of such fabric purchased, the date 

6 of purchase, and evidencing the fabric as woven 

7 cotton fabric of 80s or higher count and 2-ply 

8 in warp; and 

9 (D) that the fabric was suitable for use in 

10 the manufacturing of men’s and boys’ cotton 

11 shirts. 

12 (5) DATE OF PURCHASE.—For purposes of the 

13 affidavit under paragraph (4), the date of purchase 

14 shall be the invoice date, and the dollar value shall 

15 be determined excluding duty, shipping, and related 

16 costs. 

17 (6) AFFIDAVIT OF YARN SPINNERS.—The affi18 davit required by paragraph (3)(B) is a notarized af19 fidavit provided by an officer of the producer of ring 

20 spun yarns that affirms— 

21 (A) that the producer used pima cotton 

22 grown in the United States during the period 

23 January 1, 2002, through December 31, 2002, 

24 to produce ring spun cotton yarns, measuring 


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•S 3344 IS 

1 less than 83.33 decitex (exceeding 120 metric 

2 number), in single and plied form during 2002; 

3 (B) the quantity, measured in pounds, of 

4 ring spun cotton yarns, measuring less than 

5 83.33 decitex (exceeding 120 metric number), 

6 in single and plied form during calendar year 

7 2002; and 

8 (C) that the producer maintains sup9 porting documentation showing the quantity of 

10 such yarns produced, and evidencing the yarns 

11 as ring spun cotton yarns, measuring less than 

12 83.33 decitex (exceeding 120 metric number), 

13 in single and plied form during calendar year 

14 2002. 

15 (7) NO APPEAL.—Any amount paid by the 

16 Commissioner of the Bureau of Customs and Border 

17 Protection under this section shall be final and not 

18 subject to appeal or protest. 

Æ 


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