I 

118TH CONGRESS 

2D SESSION H. R. 7986 

To modify and reauthorize the Generalized System of Preferences, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2024 

Mr. SMITH of Nebraska introduced the following bill; which was referred to 

the Committee on Ways and Means 

A BILL 

To modify and reauthorize the Generalized System of 

Preferences, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Generalized System 

5 of Preferences Reform Act’’. 

6 SEC. 2. EXTENSION OF GENERALIZED SYSTEM OF PREF7 ERENCES. 

8 (a) IN GENERAL.—Section 505 of the Trade Act of 

9 1974 (19 U.S.C. 2465) is amended by striking ‘‘December 

10 31, 2020’’ and inserting ‘‘December 31, 2030’’. 


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1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendment made by 

3 subsection (a) shall apply to articles entered on or 

4 after the 30th day after the date of the enactment 

5 of this Act. 

6 (2) RETROACTIVE APPLICATION FOR CERTAIN

7 LIQUIDATIONS AND RELIQUIDATIONS.— 

8 (A) IN GENERAL.—Notwithstanding sec9 tion 514 of the Tariff Act of 1930 (19 U.S.C. 

10 1514) or any other provision of law and subject 

11 to subparagraph (B), any entry of a covered ar12 ticle to which duty-free treatment or other pref13 erential treatment under title V of the Trade 

14 Act of 1974 (19 U.S.C. 2461 et seq.) would 

15 have applied if the entry had been made on De16 cember 31, 2020, that was made— 

17 (i) after December 31, 2020, and 

18 (ii) before the effective date specified 

19 in paragraph (1), 

20 shall be liquidated or reliquidated as though 

21 such entry occurred on the effective date speci22 fied in paragraph (1). 

23 (B) REQUESTS.—A liquidation or reliqui24 dation may be made under subparagraph (A) 

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1 for is filed with U.S. Customs and Border Pro2 tection not later than 180 days after the date 

3 of the enactment of this Act that contains suffi4 cient information to enable U.S. Customs and 

5 Border Protection— 

6 (i) to locate the entry; or 

7 (ii) to reconstruct the entry if it can8 not be located. 

9 (C) PAYMENT OF AMOUNTS OWED.—Any 

10 amounts owed by the United States pursuant to 

11 the liquidation or reliquidation of an entry of a 

12 covered article under subparagraph (A) shall be 

13 paid, without interest of any kind, not later 

14 than 90 days after the date of the liquidation 

15 or reliquidation (as the case may be). 

16 (3) DEFINITIONS.—In this subsection: 

17 (A) COVERED ARTICLE.—The term ‘‘cov18 ered article’’ means an article from a country 

19 that is a beneficiary developing country under 

20 title V of the Trade Act of 1974 (19 U.S.C. 

21 2461 et seq.) as of the effective date specified 

22 in paragraph (1). 

23 (B) ENTER; ENTRY.—The terms ‘‘enter’’ 

24 and ‘‘entry’’ include a withdrawal from ware25 house for consumption. 


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1 SEC. 3. MODIFICATIONS TO DESIGNATIONS OF BENE2 FICIARY COUNTRIES. 

3 Section 502 of the Trade Act of 1974 (19 U.S.C. 

4 2462) is amended as follows: 

5 (1) In subsection (b)(1), by adding at the end 

6 the following new subparagraph: 

7 ‘‘(J) China.’’. 

8 (2) In subsection (b)(2)— 

9 (A) by inserting after subparagraph (H) 

10 the following: 

11 ‘‘(I) Such country engages in gross viola12 tions of internationally recognized human rights 

13 in that country (including any designated zone 

14 in that country).’’; and 

15 (B) in the text following subparagraph (I) 

16 (as inserted by subparagraph (A)), by striking 

17 ‘‘and (H) (to the extent described in section 

18 507(6)(D))’’ and inserting ‘‘(H) (to the extent 

19 described in section 507(6)(D)) and (I)’’. 

20 (3) In subsection (c)— 

21 (A) in paragraph (6)(B), by striking ‘‘; 

22 and’’ and inserting a semicolon; 

23 (B) in paragraph (7), by striking the pe24 riod at the end and inserting a semicolon; and 

25 (C) by adding at the end the following new 

26 paragraphs: 


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1 ‘‘(8) the extent to which such country allows, 

2 after the date of the enactment of this paragraph, 

3 construction of military bases by a covered nation 

4 (as such term is defined in section 4872 of title 10, 

5 United States Code); 

6 ‘‘(9) the extent to which such country— 

7 ‘‘(A) provides open and equitable market 

8 access for United States agriculture, including 

9 through the adoption of science-based stand10 ards; 

11 ‘‘(B) refrains from imposing unjustified 

12 trade restrictions that affect new agricultural 

13 technologies, including biotechnology; 

14 ‘‘(C) refrains from providing domestic agri15 cultural subsidies that decrease market oppor16 tunities for United States exports; and 

17 ‘‘(D) refrains from imposing prohibitions 

18 on the generic use of common food and bev19 erage terms; 

20 ‘‘(10) the extent to which such country is deep21 ening its economic, diplomatic, and military relations 

22 with covered nations (as such term is defined in sec23 tion 4872 of title 10, United States Code); 


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1 ‘‘(11) the extent to which such country has es2 tablished, or is making continual progress toward es3 tablishing— 

4 ‘‘(A) the rule of law, political pluralism, 

5 and the right to due process, a fair trial, and 

6 equal protection under the law; 

7 ‘‘(B) economic policies to reduce poverty, 

8 increase the availability of health care and edu9 cational opportunities, expand physical infra10 structure, promote the development of private 

11 enterprise, and encourage the formation of cap12 ital markets through micro-credit or other pro13 grams; and 

14 ‘‘(C) a system to combat corruption and 

15 bribery, such as signing and implementing the 

16 Convention on Combating Bribery of Foreign 

17 Public Officials in International Business 

18 Transactions, done at Paris December 17, 

19 1997, and entered into force February 15, 1999 

20 (TIAS 99–215); 

21 ‘‘(12) the extent to which such country provides 

22 equitable and non-discriminatory tax treatment for 

23 United States entities; 


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1 ‘‘(13) whether such country engages in activi2 ties that undermine United States national security 

3 or foreign policy interests; and 

4 ‘‘(14) the extent to which such country— 

5 ‘‘(A) has imposed unreasonable digital 

6 trade barriers, such as unnecessary or discrimi7 natory data localization or data transfer restric8 tions, discriminatory treatment of digital prod9 ucts, or forced disclosure of proprietary source 

10 code; and 

11 ‘‘(B) has taken steps in the digital environ12 ment to support consumer protections, the pri13 vacy of personal information, and open digital 

14 ecosystems;’’. 

15 SEC. 4. MODIFICATION OF PROVISIONS RELATING TO 

16 WITHDRAWAL, SUSPENSION, OR LIMITATION 

17 OF COUNTRY DESIGNATION. 

18 Section 502(d)(1) of the Trade Act of 1974 (19 

19 U.S.C. (2462(d)(1)) is amended— 

20 (1) by striking ‘‘the President shall consider the 

21 factors’’ and inserting ‘‘the President— 

22 ‘‘(A) shall consider— 

23 ‘‘(i) the factors’’; 

24 (2) by striking the period at the end and insert25 ing a semicolon; and 


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1 (3) by adding at the end the following: 

2 ‘‘(ii) the likely impacts of any such ac3 tion on working toward, or continuing to 

4 meet, the criteria and factors described in 

5 subsections (b) and (c) of this section; and 

6 ‘‘(iii) the likely impacts of any such 

7 action on workers and populations in the 

8 country that such criteria and factors are 

9 intended to help; 

10 ‘‘(B) take all available steps to facilitate 

11 continued duty-free treatment under this title 

12 for products with respect to which the imposi13 tion of duties is likely— 

14 ‘‘(i) to have an adverse effect on 

15 meeting the criteria and factors described 

16 in subsections (b) and (c) of this section; 

17 or 

18 ‘‘(ii) result in severe economic harm 

19 to the populations that such criteria and 

20 factors are intended to help; and’’. 

21 SEC. 5. PROCEDURAL ENFORCEMENT REFORMS. 

22 Section 502 of the Trade Act of 1974 (19 U.S.C. 

23 2462), as amended by sections 3 and 4, is further amend24 ed as follows: 


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1 (1) In subsection (d)(1), by adding at the end 

2 the following: 

3 ‘‘(C) hold a public hearing or provide for 

4 a period of not less than 30 days for submission 

5 of comments by the public.’’. 

6 (2) In subsection (f)(2)— 

7 (A) in the paragraph heading, by inserting 

8 ‘‘OR SUSPENSION’’ after ‘‘TERMINATION’’.; 

9 (B) by inserting ‘‘or suspend’’ after ‘‘ter10 minate’’ each place it appears; and 

11 (C) by inserting ‘‘or suspension’’ after 

12 ‘‘termination’’. 

13 (3) By adding at the end the following: 

14 ‘‘(g) PUBLICATION OF DETERMINATIONS RELATING

15 TO PETITIONS FOR REVIEW.—The United States Trade 

16 Representative shall publish in the Federal Register a no17 tice of, and the rationale for, any determination of the 

18 Trade Representative with respect to a petition for review 

19 of the eligibility of a country for designation as a bene20 ficiary developing country, including a determination— 

21 ‘‘(1) to accept or deny such a petition; 

22 ‘‘(2) to continue to review the eligibility of the 

23 country; or 


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1 ‘‘(3) to withdraw, suspend, or limit the applica2 tion of duty-free treatment under this title with re3 spect to the country.’’. 

4 SEC. 6. ASSESSMENT AND REPORT ON COMPLIANCE WITH 

5 ELIGIBILITY REQUIREMENTS. 

6 Section 502 of the Trade Act of 1974, as amended 

7 by sections 3 through 5, is further amended by adding 

8 at the end the following: 

9 ‘‘(h) ASSESSMENT AND REPORT ON COMPLIANCE

10 WITH ELIGIBILITY REQUIREMENTS.— 

11 ‘‘(1) IN GENERAL.—The President shall— 

12 ‘‘(A) on an annual basis— 

13 ‘‘(i) conduct assessments of the com14 pliance of an appropriate number of coun15 tries designated as beneficiary developing 

16 countries for purposes of this title in meet17 ing or continuing to meet the eligibility re18 quirements under this title; and 

19 ‘‘(ii) make determinations with re20 spect to whether to initiate full reviews of 

21 the practices of those countries to assess 

22 the continued eligibility of those countries 

23 for designation as beneficiary developing 

24 countries under this title; and 


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1 ‘‘(B) submit to Congress a report con2 sisting of the results of such assessments and 

3 determinations. 

4 ‘‘(2) FREQUENCY.—The President shall con5 duct an assessment described in clause (i) of para6 graph (1)(A) and make a determination described in 

7 clause (ii) of that paragraph with respect to each 

8 country designated as a beneficiary developing coun9 try for purposes of this title not less frequently than 

10 once every 3 years.’’. 

11 SEC. 7. MODIFICATIONS TO RULES OF ORIGIN. 

12 (a) IN GENERAL.—Section 503(a)(2) of the Trade 

13 Act of 1974 (19 U.S.C. 2463(a)(2)) is amended— 

14 (1) in subparagraph (A), in the matter fol15 lowing clause (ii)(II), by striking ‘‘35 percent’’ and 

16 inserting ‘‘the percentage described in subparagraph 

17 (B)’’; 

18 (2) by redesignating subparagraph (B) as sub19 paragraph (C); 

20 (3) by inserting after subparagraph (A) the fol21 lowing: 

22 ‘‘(B) PERCENTAGE DESCRIBED.—The per23 centage described in this subparagraph is— 

24 ‘‘(i) in the case of articles entered be25 fore January 1, 2027, 35 percent; 


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1 ‘‘(ii) in the case of articles entered on 

2 or after January 1, 2027, and before Jan3 uary 1, 2029, 40 percent; 

4 ‘‘(iii) in the case of articles entered on 

5 or after January 1, 2029, and before Jan6 uary 1, 2031, 45 percent; and 

7 ‘‘(iv) in the case of articles entered on 

8 or after January 1, 2031, 50 percent.’’; 

9 and 

10 (4) by adding at the end the following: 

11 ‘‘(D) PASS-THROUGH AND COST OR VALUE

12 OF MATERIALS PRODUCED IN THE CUSTOMS

13 TERRITORY OF THE UNITED STATES.— 

14 ‘‘(i) IN GENERAL.—The duty-free 

15 treatment provided under this title shall 

16 apply to any article that meets the require17 ments of this paragraph. 

18 ‘‘(ii) EXCEPTION WITH RESPECT TO

19 MATERIALS PRODUCED IN THE CUSTOMS

20 TERRITORY OF THE UNITED STATES.—To 

21 the extent that the cost or value of mate22 rials produced in the customs territory of 

23 the United States is included with respect 

24 to an article, an amount not to exceed 15 

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1 cle at the time it is entered that is attrib2 uted to such United States cost or value 

3 may be applied toward determining the ap4 plicable percentage described in subpara5 graph (B). 

6 ‘‘(iii) NO PASS-THROUGH TO OTHER

7 PROGRAMS.—Notwithstanding clause (i), 

8 duty-free treatment under any other pro9 gram providing such treatment for an arti10 cle, conditional on the eligibility of an arti11 cle to be treated as originating for pur12 poses of this paragraph, may only be ex13 tended to an article that is otherwise eligi14 ble for duty-free treatment under this title 

15 in a calendar year— 

16 ‘‘(I) if the article would remain 

17 eligible for such treatment even if sub18 paragraph (A) were applied by sub19 stituting ‘35 percent’ for ‘the percent20 age described in subparagraph (B)’ 

21 with respect to that calendar year; 

22 and 

23 ‘‘(II) if no amount attributable to 

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1 graph, would be required to be applied 

2 in order to achieve such eligibility.’’. 

3 (b) REPORT.— 

4 (1) IN GENERAL.—Not later than January 1, 

5 2026, the United States Trade Representative shall 

6 submit to Congress a report on the impact of the 

7 Generalized System of Preferences rule of origin re8 quirements under section 503(a)(2)(A)(ii)(I) of the 

9 Trade Act of 1974 (19 U.S.C. 2463(a)(2)(A)(ii)(I)) 

10 in fostering regional economic integration through 

11 program cumulation among regional associations. 

12 (2) MATTERS TO BE INCLUDED.—The report 

13 required under this subsection shall include rec14 ommendations regarding— 

15 (A) new regional associations eligible for 

16 treatment as one country under the provisions 

17 of section 507(2) of the Trade Act of 1974 (19 

18 U.S.C. 2467(2)); and 

19 (B) updates to the rule of origin method20 ology under section 503 of such Act that would 

21 better maximize content from beneficiary devel22 oping countries and the United States. 


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1 SEC. 8. MODIFICATIONS TO COMPETITIVE NEED LIMITA2 TION. 

3 (a) IN GENERAL.—Section 503 of the Trade Act of 

4 1974 (19 U.S.C. 2463) is amended— 

5 (1) in subsection (c)(2)— 

6 (A) in subparagraph (A)(ii)— 

7 (i) in subclause (I), by striking ‘‘for 

8 1996, $75,000,000’’ and inserting ‘‘for cal9 endar year 2023, $500,000,000’’; and 

10 (ii) in subclause (II), by striking 

11 ‘‘$5,000,000’’ and inserting ‘‘2.5 percent 

12 of such applicable amount’’; 

13 (B) in subparagraph (C), by striking 

14 ‘‘may, subject’’ and inserting ‘‘should, subject’’; 

15 and 

16 (C) in subparagraph (F)(ii)— 

17 (i) in subclause (I), by striking ‘‘for 

18 calendar year 1996, $13,000,000’’ and in19 serting ‘‘for calendar year 2023, 

20 $50,000,000’’; and 

21 (ii) in subclause (II), by striking 

22 ‘‘$500,000’’ and inserting ‘‘2.5 percent of 

23 such applicable amount’’; 

24 (2) in subsection (d)(4)(B), by adding at the 

25 end the following: 


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1 ‘‘(iii) Clause (ii)(II) shall not apply with 

2 respect to any article if a like or directly com3 petitive article was not produced in the United 

4 States in any of the preceding 3 calendar 

5 years.’’. 

6 (b) APPLICABILITY.— 

7 (1) IN GENERAL.—The amendments made by 

8 subsection (a) shall take effect on the date of the en9 actment of this Act. 

10 (2) RESTORATION OF DUTY-FREE TREAT11 MENT.— 

12 (A) LIST REQUIRED.—Not later than 120 

13 days after the date of the enactment of this 

14 Act, the President shall— 

15 (i) list each article with respect to 

16 which duty-free treatment was eliminated 

17 (as of the date of the enactment of this 

18 Act) pursuant to subsection (c) of section 

19 503 of the Trade Act of 1974 that is eligi20 ble for such treatment pursuant to such 

21 section 503 as amended by subsection (a) 

22 of this section; and 

23 (ii) determine, with respect to each 

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1 view pursuant to subsection (c)(1) of such 

2 section 503 for the continued withholding 

3 of duty-free treatment. 

4 (B) PROMPT RESTORATION.—Except for 

5 articles for which the President makes an af6 firmative determination pursuant to subpara7 graph (A)(ii), the President shall restore duty8 free treatment to each article included in the 

9 list described in subparagraph (A)(i) on such 

10 120th day after date of enactment. 

11 (3) EXPEDITED REVIEW OF CERTAIN ARTICLES

12 FOR EXCLUSION FROM DUTY-FREE TREATMENT.— 

13 The President shall review, pursuant to section 

14 503(c)(1) of the Trade Act of 1974 (19 U.S.C. 

15 2463(c)(1)), whether duty-free treatment should 

16 continue to be withheld from each article for which 

17 the President makes an affirmative determination 

18 pursuant to paragraph (2)(A)(ii). Not later than 1 

19 year after the date of the enactment of this Act, the 

20 President shall restore duty-free treatment to each 

21 article for which such review determines that such 

22 treatment should not be withheld. 

23 (4) REPORTS.—Not later than 1 year after the 

24 date of the enactment of this Act, the President 

25 shall submit to the Committee on Ways and Means 


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1 of the House of Representatives and the Committee 

2 on Finance of the Senate a report containing— 

3 (A) the results of the reviews conducted 

4 pursuant to paragraph (3); and 

5 (B) justifications for the reasons for which 

6 duty-free treatment was withheld or restored 

7 with respect to articles described in such para8 graph. 

9 SEC. 9. EXPEDITED PRODUCT COVERAGE PETITION PROC10 ESS. 

11 (a) IN GENERAL.—Not later than 90 days after the 

12 date of the enactment of this Act, the United States Inter13 national Trade Commission shall publish in the Federal 

14 Register and on a publicly available internet website of 

15 the Commission a notice requesting interested parties to 

16 submit to the Commission, during the 60-day period be17 ginning on the date of such publication, a petition— 

18 (1) to add one or more headings or subheadings 

19 of the Harmonized Tariff Schedule of the United 

20 States to, or remove one or more such headings or 

21 subheadings from, the list of articles that may not 

22 be designated as an eligible article for duty-free 

23 treatment pursuant to section 503(b) of the Trade 

24 Act of 1974 (19 U.S.C. 2463(b)); or 


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1 (2) to provide duty-free treatment to one or 

2 more headings or subheadings of the Harmonized 

3 Tariff Schedule under the Generalized System of 

4 Preferences that are— 

5 (A) not restricted under such section 

6 503(b) from designation as an eligible article; 

7 and 

8 (B) not otherwise designated an eligible ar9 ticle by the President pursuant to section 501 

10 or section 503(a) of such Act (19 U.S.C. 2461; 

11 2463(a)). 

12 (b) CONTENTS OF PETITION.—A petition submitted 

13 pursuant to subsection (a) shall be eligible for consider14 ation under the process provided by this section only if 

15 such petition includes— 

16 (1) the name and address of the petitioner; 

17 (2) the 8-digit subheading level or levels under 

18 the Harmonized Tariff Schedule with respect to 

19 which the petition is submitted; and 

20 (3) for a petition submitted pursuant to sub21 section (a), a certification that the petitioner is an 

22 interested party and a brief description of the man23 ner and extent to which the petitioner is a likely 

24 beneficiary with respect to the addition or removal 

25 of the heading or subheading level concerned. 


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1 (c) PUBLICATION OF PETITIONS.—As soon as prac2 ticable after the 60-day period described in subsection (a), 

3 and not later than 30 days after the end of such period, 

4 the Commission shall publish on a publicly available inter5 net website of the Commission the contents of each peti6 tion received. 

7 (d) OPPORTUNITY FOR PUBLIC COMMENT.—During 

8 the 45-day period beginning on the date of the publication 

9 of petitions pursuant to subsection (c), the Commission 

10 shall publish in the Federal Register and on a publicly 

11 available internet website of the Commission a notice re12 questing members of the public to submit comments to 

13 the Commission with respect to the changes sought by the 

14 petitions. 

15 (e) REPORT.—Not later than 1 year after the date 

16 of the enactment of this Act, the Commission shall submit 

17 to the appropriate congressional committees a report on 

18 each eligible petition submitted pursuant to the process 

19 provided by this section that includes, with respect to the 

20 article or articles concerned in each such petition— 

21 (1) data from the 5 most recent calendar years 

22 for which complete information is available on— 

23 (A) sources of imports; 

24 (B) values of imports; 


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1 (C) market share of imports (to the extent 

2 practical); and 

3 (D) domestic production (to the extent 

4 practical); 

5 (2) any information on whether the product is 

6 used as an input in United States manufacturing; 

7 and 

8 (3) a summary of information provided in the 

9 form of comments rebutting or objecting to the peti10 tion. 

11 (f) AUTHORITIES.— 

12 (1) PROCEDURES.—The Commission shall pre13 scribe and publish in the Federal Register and on a 

14 publicly available internet website of the Commission 

15 all procedures to be complied with by members of 

16 the public submitting petitions. 

17 (2) JUDICIAL REVIEW PRECLUDED.—The exer18 cise of functions under this section shall not be sub19 ject to judicial review. 

20 (g) INTERESTED PARTY DEFINED.—In this section, 

21 the term ‘‘interested party’’ has the definition given such 

22 term in section 771 of the Tariff Act of 1930 (19 U.S.C. 

23 1677), except that an interested party under this section 

24 may not include— 


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1 (1) any person described in paragraph (9)(A) of 

2 such section, other than a person that is an importer 

3 or a business association of importers; or 

4 (2) any person described in paragraph (9)(B) 

5 or (9)(G) of such section. 

6 SEC. 10. EXTENSION OF CUSTOMS USER FEES. 

7 (a) IN GENERAL.—Section 13031(j)(3) of the Con8 solidated Omnibus Budget Reconciliation Act of 1985 (19 

9 U.S.C. 58c(j)(3)) is amended— 

10 (1) in subparagraph (A), by striking ‘‘Sep11 tember 30, 2031’’ and inserting ‘‘September 30, 

12 2033’’; and 

13 (2) in subparagraph (B)(i), by striking ‘‘Sep14 tember 30, 2031’’ and inserting ‘‘September 30, 

15 2033’’. 

16 (b) RATE FOR MERCHANDISE PROCESSING FEES.— 

17 Section 503 of the United States-Korea Free Trade 

18 Agreement Implementation Act (Public Law 112–41; 19 

19 U.S.C. 3805 note) is amended by striking ‘‘September 30, 

20 2031’’ and inserting ‘‘September 30, 2033’’. 

Æ 


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