PUBLIC LAW 112–43—OCT. 21, 2011 125 STAT. 497 

Public Law 112–43 

112th Congress 

An Act 

To implement the United States–Panama Trade Promotion Agreement. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘United States– 

Panama Trade Promotion Agreement Implementation Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE 

AGREEMENT 

Sec. 101. Approval and entry into force of the Agreement. 

Sec. 102. Relationship of the Agreement to United States and State law. 

Sec. 103. Implementing actions in anticipation of entry into force and initial regulations. 

Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed 

actions. 

Sec. 105. Administration of dispute settlement proceedings. 

Sec. 106. Arbitration of claims. 

Sec. 107. Effective dates; effect of termination. 

TITLE II—CUSTOMS PROVISIONS 

Sec. 201. Tariff modifications. 

Sec. 202. Additional duties on certain agricultural goods. 

Sec. 203. Rules of origin. 

Sec. 204. Customs user fees. 

Sec. 205. Disclosure of incorrect information; false certifications of origin; denial of 

preferential tariff treatment. 

Sec. 206. Reliquidation of entries. 

Sec. 207. Recordkeeping requirements. 

Sec. 208. Enforcement relating to trade in textile or apparel goods. 

Sec. 209. Regulations. 

TITLE III—RELIEF FROM IMPORTS 

Sec. 301. Definitions. 

Subtitle A—Relief From Imports Benefitting From the Agreement 

Sec. 311. Commencing of action for relief. 

Sec. 312. Commission action on petition. 

Sec. 313. Provision of relief. 

Sec. 314. Termination of relief authority. 

Sec. 315. Compensation authority. 

Sec. 316. Confidential business information. 

Subtitle B—Textile and Apparel Safeguard Measures 

Sec. 321. Commencement of action for relief. 

United States– 

Panama Trade 

Promotion 

Agreement 

Implementation 

Act. 

19 USC 3805 

note. 

Oct. 21, 2011 

[H.R. 3079] 


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125 STAT. 498 PUBLIC LAW 112–43—OCT. 21, 2011 

Sec. 322. Determination and provision of relief. 

Sec. 323. Period of relief. 

Sec. 324. Articles exempt from relief. 

Sec. 325. Rate after termination of import relief. 

Sec. 326. Termination of relief authority. 

Sec. 327. Compensation authority. 

Sec. 328. Confidential business information. 

Subtitle C—Cases Under Title II of the Trade Act of 1974 

Sec. 331. Findings and action on Panamanian articles. 

TITLE IV—MISCELLANEOUS 

Sec. 401. Eligible products. 

Sec. 402. Modification to the Caribbean Basin Economic Recovery Act. 

TITLE V—OFFSETS 

Sec. 501. Extension of customs user fees. 

Sec. 502. Time for payment of corporate estimated taxes. 

SEC. 2. PURPOSES. 

The purposes of this Act are— 

(1) to approve and implement the free trade agreement 

between the United States and Panama entered into under 

the authority of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 3803(b)); 

(2) to strengthen and develop economic relations between 

the United States and Panama for their mutual benefit; 

(3) to establish free trade between the United States and 

Panama through the reduction and elimination of barriers to 

trade in goods and services and to investment; and 

(4) to lay the foundation for further cooperation to expand 

and enhance the benefits of the Agreement. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) AGREEMENT.—The term ‘‘Agreement’’ means the United 

States–Panama Trade Promotion Agreement approved by Congress under section 101(a)(1). 

(2) COMMISSION.—The term ‘‘Commission’’ means the 

United States International Trade Commission. 

(3) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff 

Schedule of the United States. 

(4) TEXTILE OR APPAREL GOOD.—The term ‘‘textile or 

apparel good’’ means a good listed in the Annex to the Agreement on Textiles and Clothing referred to in section 101(d)(4) 

of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)), 

other than a good listed in Annex 3.30 of the Agreement. 

TITLE I—APPROVAL OF, AND GENERAL 

PROVISIONS RELATING TO, THE 

AGREEMENT 

SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT. 

(a) APPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRATIVE ACTION.—Pursuant to section 2105 of the Bipartisan Trade 

Promotion Authority Act of 2002 (19 U.S.C. 3805) and section 

151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves— 


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(1) the United States–Panama Trade Promotion Agreement 

entered into on June 28, 2007, with the Government of Panama 

and submitted to Congress on October 3, 2011; and 

(2) the statement of administrative action proposed to 

implement the Agreement that was submitted to Congress on 

October 3, 2011. 

(b) CONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT.— At such time as the President determines that Panama has taken 

measures necessary to comply with those provisions of the Agreement that are to take effect on the date on which the Agreement 

enters into force, the President is authorized to exchange notes 

with the Government of Panama providing for the entry into force, 

on or after January 1, 2012, of the Agreement with respect to 

the United States. 

SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES 

AND STATE LAW. 

(a) RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.— 

(1) UNITED STATES LAW TO PREVAIL IN CONFLICT.—No provision of the Agreement, nor the application of any such provision 

to any person or circumstance, which is inconsistent with any 

law of the United States shall have effect. 

(2) CONSTRUCTION.—Nothing in this Act shall be construed— 

(A) to amend or modify any law of the United States, 

or 

(B) to limit any authority conferred under any law 

of the United States, 

unless specifically provided for in this Act. 

(b) RELATIONSHIP OF AGREEMENT TO STATE LAW.— 

(1) LEGAL CHALLENGE.—No State law, or the application 

thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application 

is inconsistent with the Agreement, except in an action brought 

by the United States for the purpose of declaring such law 

or application invalid. 

(2) DEFINITION OF STATE LAW.—For purposes of this subsection, the term ‘‘State law’’ includes— 

(A) any law of a political subdivision of a State; and 

(B) any State law regulating or taxing the business 

of insurance. 

(c) EFFECT OF AGREEMENT WITH RESPECT TO PRIVATE REMEDIES.—No person other than the United States— 

(1) shall have any cause of action or defense under the 

Agreement or by virtue of congressional approval thereof; or 

(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, 

or other instrumentality of the United States, any State, or 

any political subdivision of a State, on the ground that such 

action or inaction is inconsistent with the Agreement. 

SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO 

FORCE AND INITIAL REGULATIONS. 

(a) IMPLEMENTING ACTIONS.— 

(1) PROCLAMATION AUTHORITY.—After the date of the enactment of this Act— 

(A) the President may proclaim such actions, and 


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(B) other appropriate officers of the United States 

Government may issue such regulations, 

as may be necessary to ensure that any provision of this Act, 

or amendment made by this Act, that takes effect on the 

date on which the Agreement enters into force is appropriately 

implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date on which 

the Agreement enters into force. 

(2) EFFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS.— 

Any action proclaimed by the President under the authority 

of this Act that is not subject to the consultation and layover 

provisions under section 104 may not take effect before the 

15th day after the date on which the text of the proclamation 

is published in the Federal Register. 

(3) WAIVER OF 15-DAY RESTRICTION.—The 15-day restriction 

contained in paragraph (2) on the taking effect of proclaimed 

actions is waived to the extent that the application of such 

restriction would prevent the taking effect on the date the 

Agreement enters into force of any action proclaimed under 

this section. 

(b) INITIAL REGULATIONS.—Initial regulations necessary or 

appropriate to carry out the actions required by or authorized 

under this Act or proposed in the statement of administrative 

action submitted under section 101(a)(2) to implement the Agreement shall, to the maximum extent feasible, be issued within 1 

year after the date on which the Agreement enters into force. 

In the case of any implementing action that takes effect on a 

date after the date on which the Agreement enters into force, 

initial regulations to carry out that action shall, to the maximum 

extent feasible, be issued within 1 year after such effective date. 

SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFECTIVE DATE OF, PROCLAIMED ACTIONS. 

If a provision of this Act provides that the implementation 

of an action by the President by proclamation is subject to the 

consultation and layover requirements of this section, such action 

may be proclaimed only if— 

(1) the President has obtained advice regarding the proposed action from— 

(A) the appropriate advisory committees established 

under section 135 of the Trade Act of 1974 (19 U.S.C. 

2155); and 

(B) the Commission; 

(2) the President has submitted to the Committee on 

Finance of the Senate and the Committee on Ways and Means 

of the House of Representatives a report that sets forth— 

(A) the action proposed to be proclaimed and the reasons therefor; and 

(B) the advice obtained under paragraph (1); 

(3) a period of 60 calendar days, beginning on the first 

day on which the requirements set forth in paragraphs (1) 

and (2) have been met, has expired; and 

(4) the President has consulted with the committees 

referred to in paragraph (2) regarding the proposed action 

during the period referred to in paragraph (3). 

Time period. 

Reports. 

President. 

Deadlines. 


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SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS. 

(a) ESTABLISHMENT OR DESIGNATION OF OFFICE.—The President 

is authorized to establish or designate within the Department of 

Commerce an office that shall be responsible for providing administrative assistance to panels established under chapter 20 of the 

Agreement. The office shall not be considered to be an agency 

for purposes of section 552 of title 5, United States Code. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated for each fiscal year after fiscal year 2011 to 

the Department of Commerce up to $150,000 for the establishment 

and operations of the office established or designated under subsection (a) and for the payment of the United States share of 

the expenses of panels established under chapter 20 of the Agreement. 

SEC. 106. ARBITRATION OF CLAIMS. 

The United States is authorized to resolve any claim against 

the United States covered by article 10.16.1(a)(i)(C) or article 

10.16.1(b)(i)(C) of the Agreement, pursuant to the Investor-State 

Dispute Settlement procedures set forth in section B of chapter 

10 of the Agreement. 

SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION. 

(a) EFFECTIVE DATES.—Except as provided in subsection (b), 

this Act and the amendments made by this Act take effect on 

the date on which the Agreement enters into force. 

(b) EXCEPTIONS.— 

(1) IN GENERAL.—Sections 1 through 3, this title, and title 

V take effect on the date of the enactment of this Act. 

(2) CERTAIN AMENDATORY PROVISIONS.—The amendments 

made by sections 204, 205, 207, and 401 of this Act take 

effect on the date of the enactment of this Act and apply 

with respect to Panama on the date on which the Agreement 

enters into force. 

(c) TERMINATION OF THE AGREEMENT.—On the date on which 

the Agreement terminates, this Act (other than this subsection 

and title V) and the amendments made by this Act (other than 

the amendments made by title V) shall cease to have effect. 

TITLE II—CUSTOMS PROVISIONS 

SEC. 201. TARIFF MODIFICATIONS. 

(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT.— 

(1) PROCLAMATION AUTHORITY.—The President may proclaim— 

(A) such modifications or continuation of any duty, 

(B) such continuation of duty-free or excise treatment, 

or 

(C) such additional duties, 

as the President determines to be necessary or appropriate 

to carry out or apply articles 3.3, 3.5, 3.6, 3.26, 3.27, 3.28, 

and 3.29, and Annex 3.3, of the Agreement. 

(2) EFFECT ON GSP STATUS.—Notwithstanding section 

502(a)(1) of the Trade Act of 1974 (19 U.S.C. 2462(a)(1)), the 

President shall, on the date on which the Agreement enters 

into force, terminate the designation of Panama as a beneficiary 

President. 

Applicability. 

President. 


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developing country for purposes of title V of the Trade Act 

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

(3) EFFECT ON CBERA STATUS.— 

(A) IN GENERAL.—Notwithstanding section 212(a) of 

the Caribbean Basin Economic Recovery Act (19 U.S.C. 

2702(a)), the President shall, on the date on which the 

Agreement enters into force, terminate the designation of 

Panama as a beneficiary country for purposes of that Act. 

(B) EXCEPTION.—Notwithstanding subparagraph (A), 

Panama shall be considered a beneficiary country under 

section 212(a) of the Caribbean Basin Economic Recovery 

Act, for purposes of— 

(i) sections 771(7)(G)(ii)(III) and 771(7)(H) of the 

Tariff Act of 1930 (19 U.S.C. 1677(7)(G)(ii)(III) and 

1677(7)(H)); 

(ii) the duty-free treatment provided under paragraph 4 of the General Notes to the Schedule of the 

United States to Annex 3.3 of the Agreement; and 

(iii) section 274(h)(6)(B) of the Internal Revenue 

Code of 1986. 

(b) OTHER TARIFF MODIFICATIONS.—Subject to the consultation 

and layover provisions of section 104, the President may proclaim— 

(1) such modifications or continuation of any duty, 

(2) such modifications as the United States may agree 

to with Panama regarding the staging of any duty treatment 

set forth in Annex 3.3 of the Agreement, 

(3) such continuation of duty-free or excise treatment, or 

(4) such additional duties, 

as the President determines to be necessary or appropriate to 

maintain the general level of reciprocal and mutually advantageous 

concessions with respect to Panama provided for by the Agreement. 

(c) CONVERSION TO AD VALOREM RATES.—For purposes of subsections (a) and (b), with respect to any good for which the base 

rate in the Schedule of the United States to Annex 3.3 of the 

Agreement is a specific or compound rate of duty, the President 

may substitute for the base rate an ad valorem rate that the 

President determines to be equivalent to the base rate. 

(d) TARIFF RATE QUOTAS.—In implementing the tariff rate 

quotas set forth in Appendix I to the General Notes to the Schedule 

of the United States to Annex 3.3 of the Agreement, the President 

shall take such action as may be necessary to ensure that imports 

of agricultural goods do not disrupt the orderly marketing of 

commodities in the United States. 

SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICULTURAL GOODS. 

(a) DEFINITIONS.—In this section: 

(1) APPLICABLE NTR (MFN) RATE OF DUTY.—The term 

‘‘applicable NTR (MFN) rate of duty’’ means, with respect to 

a safeguard good, a rate of duty equal to the lowest of— 

(A) the base rate in the Schedule of the United States 

to Annex 3.3 of the Agreement; 

(B) the column 1 general rate of duty that would, 

on the day before the date on which the Agreement enters 

into force, apply to a good classifiable in the same 8- 

digit subheading of the HTS as the safeguard good; or 

(C) the column 1 general rate of duty that would, 

at the time the additional duty is imposed under subsection 

President. 


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(b), apply to a good classifiable in the same 8-digit subheading of the HTS as the safeguard good. 

(2) SAFEGUARD GOOD.—The term ‘‘safeguard good’’ means 

a good— 

(A) that is included in the Schedule of the United 

States to Annex 3.17 of the Agreement; 

(B) that qualifies as an originating good under section 

203; and 

(C) for which a claim for preferential tariff treatment 

under the Agreement has been made. 

(3) SCHEDULE RATE OF DUTY.—The term ‘‘schedule rate 

of duty’’ means, with respect to a safeguard good, the rate 

of duty for that good that is set forth in the Schedule of 

the United States to Annex 3.3 of the Agreement. 

(4) TRIGGER LEVEL.— 

(A) IN GENERAL.—The term ‘‘trigger level’’ means— 

(i) in the case of a safeguard good classified under 

subheading 0201.10.50, 0201.20.80, 0201.30.80, 

0202.10.50, 0202.20.80, or 0202.30.80 of the HTS— 

(I) in year 1 of the Agreement, 330 metric 

tons; and 

(II) in year 2 of the Agreement through year 

14 of the Agreement, a quantity equal to 110 percent of the trigger level for that safeguard good 

for the preceding calendar year; and 

(ii) in the case of any other safeguard good, 115 

percent of the quantity that is provided for that safeguard good in the corresponding calendar year in the 

applicable table contained in Appendix I to the General 

Notes to the Schedule of the United States to Annex 

3.3 of the Agreement. 

(B) RELATIONSHIP TO TABLE.—For purposes of subparagraph (A)(ii), year 1 in the applicable table contained in 

Appendix I to the General Notes to the Schedule of the 

United States to Annex 3.3 of the Agreement corresponds 

to year 1 of the Agreement. 

(5) YEAR 1 OF THE AGREEMENT.—The term ‘‘year 1 of the 

Agreement’’ means the period beginning on the date, in a 

calendar year, on which the Agreement enters into force and 

ending on December 31 of that calendar year. 

(6) YEARS OTHER THAN YEAR 1 OF THE AGREEMENT.—Any 

reference to a year of the Agreement subsequent to year 1 

of the Agreement shall be deemed to be a reference to the 

corresponding calendar year in which the Agreement is in 

force. 

(b) ADDITIONAL DUTIES ON SAFEGUARD GOODS.— 

(1) IN GENERAL.—In addition to any duty proclaimed under 

subsection (a) or (b) of section 201, the Secretary of the Treasury 

shall assess a duty, in the amount determined under paragraph 

(2), on a safeguard good imported into the United States in 

a calendar year if the Secretary determines that, prior to such 

importation, the total volume of that safeguard good that is 

imported into the United States in that calendar year exceeds 

the trigger level for that good for that calendar year. 

(2) CALCULATION OF ADDITIONAL DUTY.—The additional 

duty on a safeguard good under this subsection shall be— 


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(A) in the case of a good classified under subheading 

0201.10.50, 0201.20.80, 0201.30.80, 0202.10.50, 0202.20.80, 

or 0202.30.80 of the HTS— 

(i) in year 1 of the Agreement through year 6 

of the Agreement, an amount equal to 100 percent 

of the excess of the applicable NTR (MFN) rate of 

duty over the schedule rate of duty; and 

(ii) in year 7 of the Agreement through year 14 

of the Agreement, an amount equal to 50 percent of 

the excess of the applicable NTR (MFN) rate of duty 

over the schedule rate of duty; 

(B) in the case of a good classified under subheading 

0406.10.08, 0406.10.88, 0406.20.91, 0406.30.91, 0406.90.97, 

or 2105.00.20 of the HTS— 

(i) in year 1 of the Agreement through year 11 

of the Agreement, an amount equal to 100 percent 

of the excess of the applicable NTR (MFN) rate of 

duty over the schedule rate of duty; and 

(ii) in year 12 of the Agreement through year 

14 of the Agreement, an amount equal to 50 percent 

of the excess of the applicable NTR (MFN) rate of 

duty over the schedule rate of duty; and 

(C) in the case of any other safeguard good— 

(i) in year 1 of the Agreement through year 13 

of the Agreement, an amount equal to 100 percent 

of the excess of the applicable NTR (MFN) rate of 

duty over the schedule rate of duty; and 

(ii) in year 14 of the Agreement through year 

16 of the Agreement, an amount equal to 50 percent 

of the excess of the applicable NTR (MFN) rate of 

duty over the schedule rate of duty. 

(3) NOTICE.—Not later than 60 days after the date on 

which the Secretary of the Treasury first assesses an additional 

duty in a calendar year on a good under this subsection, the 

Secretary shall notify the Government of Panama in writing 

of such action and shall provide to that Government data 

supporting the assessment of the additional duty. 

(c) EXCEPTIONS.—No additional duty shall be assessed on a 

good under subsection (b) if, at the time of entry, the good is 

subject to import relief under— 

(1) subtitle A of title III of this Act; or 

(2) chapter 1 of title II of the Trade Act of 1974 (19 

U.S.C. 2251 et seq.). 

(d) TERMINATION.—The assessment of an additional duty on 

a good under subsection (b) shall cease to apply to that good 

on the date on which duty-free treatment must be provided to 

that good under the Schedule of the United States to Annex 3.3 

of the Agreement. 

SEC. 203. RULES OF ORIGIN. 

(a) APPLICATION AND INTERPRETATION.—In this section: 

(1) TARIFF CLASSIFICATION.—The basis for any tariff classification is the HTS. 

(2) REFERENCE TO HTS.—Whenever in this section there 

is a reference to a chapter, heading, or subheading, such reference shall be a reference to a chapter, heading, or subheading 

of the HTS. 

Deadline. 


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(3) COST OR VALUE.—Any cost or value referred to in this 

section shall be recorded and maintained in accordance with 

the generally accepted accounting principles applicable in the 

territory of the country in which the good is produced (whether 

Panama or the United States). 

(b) ORIGINATING GOODS.—For purposes of this Act and for 

purposes of implementing the preferential tariff treatment provided 

for under the Agreement, except as otherwise provided in this 

section, a good is an originating good if— 

(1) the good is a good wholly obtained or produced entirely 

in the territory of Panama, the United States, or both; 

(2) the good— 

(A) is produced entirely in the territory of Panama, 

the United States, or both, and— 

(i) each of the nonoriginating materials used in 

the production of the good undergoes an applicable 

change in tariff classification specified in Annex 4.1 

of the Agreement; or 

(ii) the good otherwise satisfies any applicable 

regional value-content or other requirements specified 

in Annex 4.1 of the Agreement; and 

(B) satisfies all other applicable requirements of this 

section; or 

(3) the good is produced entirely in the territory of Panama, 

the United States, or both, exclusively from materials described 

in paragraph (1) or (2). 

(c) REGIONAL VALUE-CONTENT.— 

(1) IN GENERAL.—For purposes of subsection (b)(2), the 

regional value-content of a good referred to in Annex 4.1 of 

the Agreement, except for goods to which paragraph (4) applies, 

shall be calculated by the importer, exporter, or producer of 

the good, on the basis of the build-down method described 

in paragraph (2) or the build-up method described in paragraph 

(3). 

(2) BUILD-DOWN METHOD.— 

(A) IN GENERAL.—The regional value-content of a good 

may be calculated on the basis of the following builddown method: 

AV–VNM 

RVC = ————— × 100 

AV 

(B) DEFINITIONS.—In subparagraph (A): 

(i) RVC.—The term ‘‘RVC’’ means the regional 

value-content of the good, expressed as a percentage. 

(ii) AV.—The term ‘‘AV’’ means the adjusted value 

of the good. 

(iii) VNM.—The term ‘‘VNM’’ means the value of 

nonoriginating materials that are acquired and used 

by the producer in the production of the good, but 

does not include the value of a material that is selfproduced. 


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(3) BUILD-UP METHOD.— (A) IN GENERAL.—The regional value-content of a good 

may be calculated on the basis of the following buildup method: 

VOM 

RVC = ————— × 100 

AV 

(B) DEFINITIONS.—In subparagraph (A): 

(i) RVC.—The term ‘‘RVC’’ means the regional 

value-content of the good, expressed as a percentage. 

(ii) AV.—The term ‘‘AV’’ means the adjusted value 

of the good. 

(iii) VOM.—The term ‘‘VOM’’ means the value of 

originating materials that are acquired or self-produced, and used by the producer in the production 

of the good. 

(4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE GOODS.— 

(A) IN GENERAL.—For purposes of subsection (b)(2), 

the regional value-content of an automotive good referred 

to in Annex 4.1 of the Agreement may be calculated by 

the importer, exporter, or producer of the good on the 

basis of the build-down method described in paragraph 

(2), the build-up method described in paragraph (3), or 

the following net cost method: 

NC¥VNM 

RVC = ————— × 100 

NC 

(B) DEFINITIONS.—In subparagraph (A): 

(i) AUTOMOTIVE GOOD.—The term ‘‘automotive 

good’’ means a good provided for in any of subheadings 

8407.31 through 8407.34, subheading 8408.20, heading 

8409, or any of headings 8701 through 8708. 

(ii) RVC.—The term ‘‘RVC’’ means the regional 

value-content of the automotive good, expressed as a 

percentage. 

(iii) NC.—The term ‘‘NC’’ means the net cost of 

the automotive good. 

(iv) VNM.—The term ‘‘VNM’’ means the value of 

nonoriginating materials that are acquired and used 

by the producer in the production of the automotive 

good, but does not include the value of a material 

that is self-produced. 

(C) MOTOR VEHICLES.— 

(i) BASIS OF CALCULATION.—For purposes of determining the regional value-content under subparagraph 

(A) for an automotive good that is a motor vehicle 

provided for in any of headings 8701 through 8705, 

an importer, exporter, or producer may average the 

amounts calculated under the net cost formula contained in subparagraph (A), over the producer’s fiscal 

year— 

(I) with respect to all motor vehicles in any 

one of the categories described in clause (ii); or 

(II) with respect to all motor vehicles in any 

such category that are exported to the territory 

of Panama or the United States. 


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(ii) CATEGORIES.—A category is described in this 

clause if it— 

(I) is the same model line of motor vehicles, 

is in the same class of motor vehicles, and is 

produced in the same plant in the territory of 

Panama or the United States, as the good 

described in clause (i) for which regional valuecontent is being calculated; 

(II) is the same class of motor vehicles, and 

is produced in the same plant in the territory 

of Panama or the United States, as the good 

described in clause (i) for which regional valuecontent is being calculated; or 

(III) is the same model line of motor vehicles 

produced in the territory of Panama or the United 

States as the good described in clause (i) for which 

regional value-content is being calculated. 

(D) OTHER AUTOMOTIVE GOODS.—For purposes of determining the regional value-content under subparagraph (A) 

for automotive materials provided for in any of subheadings 

8407.31 through 8407.34, in subheading 8408.20, or in 

heading 8409, 8706, 8707, or 8708, that are produced in 

the same plant, an importer, exporter, or producer may— 

(i) average the amounts calculated under the net 

cost formula contained in subparagraph (A) over— 

(I) the fiscal year of the motor vehicle producer 

to whom the automotive goods are sold, 

(II) any quarter or month, or 

(III) the fiscal year of the producer of such 

goods, 

if the goods were produced during the fiscal year, 

quarter, or month that is the basis for the calculation; 

(ii) determine the average referred to in clause 

(i) separately for such goods sold to 1 or more motor 

vehicle producers; or 

(iii) make a separate determination under clause 

(i) or (ii) for such goods that are exported to the territory of Panama or the United States. 

(E) CALCULATING NET COST.—The importer, exporter, 

or producer of an automotive good shall, consistent with 

the provisions regarding allocation of costs provided for 

in generally accepted accounting principles, determine the 

net cost of the automotive good under subparagraph (B) 

by— 

(i) calculating the total cost incurred with respect 

to all goods produced by the producer of the automotive 

good, subtracting any sales promotion, marketing, and 

after-sales service costs, royalties, shipping and 

packing costs, and nonallowable interest costs that are 

included in the total cost of all such goods, and then 

reasonably allocating the resulting net cost of those 

goods to the automotive good; 

(ii) calculating the total cost incurred with respect 

to all goods produced by that producer, reasonably 

allocating the total cost to the automotive good, and 

then subtracting any sales promotion, marketing, and 

after-sales service costs, royalties, shipping and 


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packing costs, and nonallowable interest costs that are 

included in the portion of the total cost allocated to 

the automotive good; or 

(iii) reasonably allocating each cost that forms part 

of the total cost incurred with respect to the automotive 

good so that the aggregate of these costs does not 

include any sales promotion, marketing, and after-sales 

service costs, royalties, shipping and packing costs, 

or nonallowable interest costs. 

(d) VALUE OF MATERIALS.— (1) IN GENERAL.—For the purpose of calculating the 

regional value-content of a good under subsection (c), and for 

purposes of applying the de minimis rules under subsection 

(f), the value of a material is— 

(A) in the case of a material that is imported by the 

producer of the good, the adjusted value of the material; 

(B) in the case of a material acquired in the territory 

in which the good is produced, the value, determined in 

accordance with Articles 1 through 8, Article 15, and the 

corresponding interpretive notes, of the Agreement on 

Implementation of Article VII of the General Agreement 

on Tariffs and Trade 1994 referred to in section 101(d)(8) 

of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(8)), as set forth in regulations promulgated by the 

Secretary of the Treasury providing for the application 

of such Articles in the absence of an importation by the 

producer; or 

(C) in the case of a material that is self-produced, 

the sum of— 

(i) all expenses incurred in the production of the 

material, including general expenses; and 

(ii) an amount for profit equivalent to the profit 

added in the normal course of trade. 

(2) FURTHER ADJUSTMENTS TO THE VALUE OF MATERIALS.— 

(A) ORIGINATING MATERIAL.—The following expenses, 

if not included in the value of an originating material 

calculated under paragraph (1), may be added to the value 

of the originating material: 

(i) The costs of freight, insurance, packing, and 

all other costs incurred in transporting the material 

within or between the territory of Panama, the United 

States, or both, to the location of the producer. 

(ii) Duties, taxes, and customs brokerage fees on 

the material paid in the territory of Panama, the 

United States, or both, other than duties or taxes 

that are waived, refunded, refundable, or otherwise 

recoverable, including credit against duty or tax paid 

or payable. 

(iii) The cost of waste and spoilage resulting from 

the use of the material in the production of the good, 

less the value of renewable scrap or byproducts. 

(B) NONORIGINATING MATERIAL.—The following 

expenses, if included in the value of a nonoriginating material calculated under paragraph (1), may be deducted from 

the value of the nonoriginating material: 

(i) The costs of freight, insurance, packing, and 

all other costs incurred in transporting the material 


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within or between the territory of Panama, the United 

States, or both, to the location of the producer. 

(ii) Duties, taxes, and customs brokerage fees on 

the material paid in the territory of Panama, the 

United States, or both, other than duties or taxes 

that are waived, refunded, refundable, or otherwise 

recoverable, including credit against duty or tax paid 

or payable. 

(iii) The cost of waste and spoilage resulting from 

the use of the material in the production of the good, 

less the value of renewable scrap or byproducts. 

(iv) The cost of originating materials used in the 

production of the nonoriginating material in the territory of Panama, the United States, or both. 

(e) ACCUMULATION.— 

(1) ORIGINATING MATERIALS USED IN PRODUCTION OF GOODS

OF THE OTHER COUNTRY.—Originating materials from the territory of Panama or the United States that are used in the 

production of a good in the territory of the other country shall 

be considered to originate in the territory of such other country. 

(2) MULTIPLE PRODUCERS.—A good that is produced in the 

territory of Panama, the United States, or both, by 1 or more 

producers, is an originating good if the good satisfies the 

requirements of subsection (b) and all other applicable requirements of this section. 

(f) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.— 

(1) IN GENERAL.—Except as provided in paragraphs (2) 

and (3), a good that does not undergo a change in tariff classification pursuant to Annex 4.1 of the Agreement is an originating good if— 

(A) the value of all nonoriginating materials that— 

(i) are used in the production of the good, and 

(ii) do not undergo the applicable change in tariff 

classification (set forth in Annex 4.1 of the Agreement), 

does not exceed 10 percent of the adjusted value of the 

good; 

(B) the good meets all other applicable requirements 

of this section; and 

(C) the value of such nonoriginating materials is 

included in the value of nonoriginating materials for any 

applicable regional value-content requirement for the good. 

(2) EXCEPTIONS.—Paragraph (1) does not apply to the following: 

(A) A nonoriginating material provided for in chapter 

4, or a nonoriginating dairy preparation containing over 

10 percent by weight of milk solids provided for in subheading 1901.90 or 2106.90, that is used in the production 

of a good provided for in chapter 4. 

(B) A nonoriginating material provided for in chapter 

4, or a nonoriginating dairy preparation containing over 

10 percent by weight of milk solids provided for in subheading 1901.90, that is used in the production of the 

following goods: 

(i) Infant preparations containing over 10 percent 

by weight of milk solids provided for in subheading 

1901.10. 


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(ii) Mixes and doughs, containing over 25 percent 

by weight of butterfat, not put up for retail sale, provided for in subheading 1901.20. 

(iii) Dairy preparations containing over 10 percent 

by weight of milk solids provided for in subheading 

1901.90 or 2106.90. 

(iv) Goods provided for in heading 2105. 

(v) Beverages containing milk provided for in subheading 2202.90. 

(vi) Animal feeds containing over 10 percent by 

weight of milk solids provided for in subheading 

2309.90. 

(C) A nonoriginating material provided for in heading 

0805, or any of subheadings 2009.11 through 2009.39, that 

is used in the production of a good provided for in any 

of subheadings 2009.11 through 2009.39, or in fruit or 

vegetable juice of any single fruit or vegetable, fortified 

with minerals or vitamins, concentrated or unconcentrated, 

provided for in subheading 2106.90 or 2202.90. 

(D) A nonoriginating material provided for in heading 

0901 or 2101 that is used in the production of a good 

provided for in heading 0901 or 2101. 

(E) A nonoriginating material provided for in heading 

1006 that is used in the production of a good provided 

for in heading 1102 or 1103 or subheading 1904.90. 

(F) A nonoriginating material provided for in chapter 

15 that is used in the production of a good provided for 

in chapter 15. 

(G) A nonoriginating material provided for in heading 

1701 that is used in the production of a good provided 

for in any of headings 1701 through 1703. 

(H) A nonoriginating material provided for in chapter 

17 that is used in the production of a good provided for 

in subheading 1806.10. 

(I) Except as provided in subparagraphs (A) through 

(H) and Annex 4.1 of the Agreement, a nonoriginating 

material used in the production of a good provided for 

in any of chapters 1 through 24, unless the nonoriginating 

material is provided for in a different subheading than 

the good for which origin is being determined under this 

section. 

(3) TEXTILE OR APPAREL GOODS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), a textile or apparel good that is not an originating 

good because certain fibers or yarns used in the production 

of the component of the good that determines the tariff 

classification of the good do not undergo an applicable 

change in tariff classification, set forth in Annex 4.1 of 

the Agreement, shall be considered to be an originating 

good if— 

(i) the total weight of all such fibers or yarns 

in that component is not more than 10 percent of 

the total weight of that component; or 

(ii) the yarns are those described in section 

204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act 

(19 U.S.C. 3203(b)(3)(B)(vi)(IV)) (as in effect on February 12, 2011). 


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(B) CERTAIN TEXTILE OR APPAREL GOODS.—A textile 

or apparel good containing elastomeric yarns in the component of the good that determines the tariff classification 

of the good shall be considered to be an originating good 

only if such yarns are wholly formed and finished in the 

territory of Panama, the United States, or both. 

(C) FABRIC, YARN, OR FIBER.—For purposes of this paragraph, in the case of a good that is a fabric, yarn, or 

fiber, the term ‘‘component of the good that determines 

the tariff classification of the good’’ means all of the fibers 

in the good. 

(g) FUNGIBLE GOODS AND MATERIALS.— (1) IN GENERAL.— (A) CLAIM FOR PREFERENTIAL TARIFF TREATMENT.—A 

person claiming that a fungible good or fungible material 

is an originating good may base the claim either on the 

physical segregation of the fungible good or fungible material or by using an inventory management method with 

respect to the fungible good or fungible material. 

(B) INVENTORY MANAGEMENT METHOD.—In this subsection, the term ‘‘inventory management method’’ means— 

(i) averaging; 

(ii) ‘‘last-in, first-out’’; 

(iii) ‘‘first-in, first-out’’; or 

(iv) any other method— 

(I) recognized in the generally accepted 

accounting principles of the country in which the 

production is performed (whether Panama or the 

United States); or 

(II) otherwise accepted by that country. 

(2) ELECTION OF INVENTORY METHOD.—A person selecting 

an inventory management method under paragraph (1) for 

a particular fungible good or fungible material shall continue 

to use that method for that fungible good or fungible material 

throughout the fiscal year of such person. 

(h) ACCESSORIES, SPARE PARTS, OR TOOLS.— 

(1) IN GENERAL.—Subject to paragraphs (2) and (3), accessories, spare parts, or tools delivered with a good that form 

part of the good’s standard accessories, spare parts, or tools 

shall— 

(A) be treated as originating goods if the good is an 

originating good; and 

(B) be disregarded in determining whether all the nonoriginating materials used in the production of the good 

undergo the applicable change in tariff classification set 

forth in Annex 4.1 of the Agreement. 

(2) CONDITIONS.—Paragraph (1) shall apply only if— 

(A) the accessories, spare parts, or tools are classified 

with and not invoiced separately from the good, regardless 

of whether such accessories, spare parts, or tools are specified or are separately identified in the invoice for the good; 

and 

(B) the quantities and value of the accessories, spare 

parts, or tools are customary for the good. 

(3) REGIONAL VALUE-CONTENT.—If the good is subject to 

a regional value-content requirement, the value of the accessories, spare parts, or tools shall be taken into account as 


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originating or nonoriginating materials, as the case may be, 

in calculating the regional value-content of the good. 

(i) PACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE.— 

Packaging materials and containers in which a good is packaged 

for retail sale, if classified with the good, shall be disregarded 

in determining whether all the nonoriginating materials used in 

the production of the good undergo the applicable change in tariff 

classification set forth in Annex 4.1 of the Agreement, and, if 

the good is subject to a regional value-content requirement, the 

value of such packaging materials and containers shall be taken 

into account as originating or nonoriginating materials, as the 

case may be, in calculating the regional value-content of the good. 

(j) PACKING MATERIALS AND CONTAINERS FOR SHIPMENT.— 

Packing materials and containers for shipment shall be disregarded 

in determining whether a good is an originating good. 

(k) INDIRECT MATERIALS.—An indirect material shall be treated 

as an originating material without regard to where it is produced. 

(l) TRANSIT AND TRANSHIPMENT.—A good that has undergone 

production necessary to qualify as an originating good under subsection (b) shall not be considered to be an originating good if, 

subsequent to that production, the good— 

(1) undergoes further production or any other operation 

outside the territory of Panama or the United States, other 

than unloading, reloading, or any other operation necessary 

to preserve the good in good condition or to transport the 

good to the territory of Panama or the United States; or 

(2) does not remain under the control of customs authorities 

in the territory of a country other than Panama or the United 

States. 

(m) GOODS CLASSIFIABLE AS GOODS PUT UP IN SETS.—Notwithstanding the rules set forth in Annex 4.1 of the Agreement, goods 

classifiable as goods put up in sets for retail sale as provided 

for in General Rule of Interpretation 3 of the HTS shall not be 

considered to be originating goods unless— 

(1) each of the goods in the set is an originating good; 

or 

(2) the total value of the nonoriginating goods in the set 

does not exceed— 

(A) in the case of textile or apparel goods, 10 percent 

of the adjusted value of the set; or 

(B) in the case of goods, other than textile or apparel 

goods, 15 percent of the adjusted value of the set. 

(n) DEFINITIONS.—In this section: 

(1) ADJUSTED VALUE.—The term ‘‘adjusted value’’ means 

the value determined in accordance with Articles 1 through 

8, Article 15, and the corresponding interpretive notes, of the 

Agreement on Implementation of Article VII of the General 

Agreement on Tariffs and Trade 1994 referred to in section 

101(d)(8) of the Uruguay Round Agreements Act (19 U.S.C. 

3511(d)(8)), adjusted, if necessary, to exclude any costs, charges, 

or expenses incurred for transportation, insurance, and related 

services incident to the international shipment of the merchandise from the country of exportation to the place of importation. 

(2) CLASS OF MOTOR VEHICLES.—The term ‘‘class of motor 

vehicles’’ means any one of the following categories of motor 

vehicles: 


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(A) Motor vehicles provided for in subheading 8701.20, 

8704.10, 8704.22, 8704.23, 8704.32, or 8704.90, or heading 

8705 or 8706, or motor vehicles for the transport of 16 

or more persons provided for in subheading 8702.10 or 

8702.90. 

(B) Motor vehicles provided for in subheading 8701.10 

or any of subheadings 8701.30 through 8701.90. 

(C) Motor vehicles for the transport of 15 or fewer 

persons provided for in subheading 8702.10 or 8702.90, 

or motor vehicles provided for in subheading 8704.21 or 

8704.31. 

(D) Motor vehicles provided for in any of subheadings 

8703.21 through 8703.90. 

(3) FUNGIBLE GOOD OR FUNGIBLE MATERIAL.—The term 

‘‘fungible good’’ or ‘‘fungible material’’ means a good or material, 

as the case may be, that is interchangeable with another good 

or material for commercial purposes and the properties of which 

are essentially identical to such other good or material. 

(4) GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.—The 

term ‘‘generally accepted accounting principles’’— 

(A) means the recognized consensus or substantial 

authoritative support given in the territory of Panama 

or the United States, as the case may be, with respect 

to the recording of revenues, expenses, costs, assets, and 

liabilities, the disclosure of information, and the preparation of financial statements; and 

(B) may encompass broad guidelines for general 

application as well as detailed standards, practices, and 

procedures. 

(5) GOOD WHOLLY OBTAINED OR PRODUCED ENTIRELY IN

THE TERRITORY OF PANAMA, THE UNITED STATES, OR BOTH.— 

The term ‘‘good wholly obtained or produced entirely in the 

territory of Panama, the United States, or both’’ means any 

of the following: 

(A) Plants and plant products harvested or gathered 

in the territory of Panama, the United States, or both. 

(B) Live animals born and raised in the territory of 

Panama, the United States, or both. 

(C) Goods obtained in the territory of Panama, the 

United States, or both from live animals. 

(D) Goods obtained from hunting, trapping, fishing, 

or aquaculture conducted in the territory of Panama, the 

United States, or both. 

(E) Minerals and other natural resources not included 

in subparagraphs (A) through (D) that are extracted or 

taken from the territory of Panama, the United States, 

or both. 

(F) Fish, shellfish, and other marine life taken from 

the sea, seabed, or subsoil outside the territory of Panama 

or the United States by— 

(i) a vessel that is registered or recorded with 

Panama and flying the flag of Panama; or 

(ii) a vessel that is documented under the laws 

of the United States. 

(G) Goods produced on board a factory ship from goods 

referred to in subparagraph (F), if such factory ship— 


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(i) is registered or recorded with Panama and flies 

the flag of Panama; or 

(ii) is a vessel that is documented under the laws 

of the United States. 

(H)(i) Goods taken by Panama or a person of Panama 

from the seabed or subsoil outside the territorial waters 

of Panama, if Panama has rights to exploit such seabed 

or subsoil. 

(ii) Goods taken by the United States or a person 

of the United States from the seabed or subsoil outside 

the territorial waters of the United States, if the United 

States has rights to exploit such seabed or subsoil. 

(I) Goods taken from outer space, if the goods are 

obtained by Panama or the United States or a person 

of Panama or the United States and not processed in 

the territory of a country other than Panama or the United 

States. 

(J) Waste and scrap derived from— 

(i) manufacturing or processing operations in the 

territory of Panama, the United States, or both; or 

(ii) used goods collected in the territory of Panama, 

the United States, or both, if such goods are fit only 

for the recovery of raw materials. 

(K) Recovered goods derived in the territory of Panama, 

the United States, or both from used goods, and used 

in the territory of Panama, the United States, or both, 

in the production of remanufactured goods. 

(L) Goods, at any stage of production, produced in 

the territory of Panama, the United States, or both, exclusively from— 

(i) goods referred to in any of subparagraphs (A) 

through (J), or 

(ii) the derivatives of goods referred to in clause 

(i). 

(6) IDENTICAL GOODS.—The term ‘‘identical goods’’ means 

goods that are the same in all respects relevant to the rule 

of origin that qualifies the goods as originating goods. 

(7) INDIRECT MATERIAL.—The term ‘‘indirect material’’ 

means a good used in the production, testing, or inspection 

of another good but not physically incorporated into that other 

good, or a good used in the maintenance of buildings or the 

operation of equipment associated with the production of 

another good, including— 

(A) fuel and energy; 

(B) tools, dies, and molds; 

(C) spare parts and materials used in the maintenance 

of equipment or buildings; 

(D) lubricants, greases, compounding materials, and 

other materials used in production or used to operate equipment or buildings; 

(E) gloves, glasses, footwear, clothing, safety equipment, and supplies; 

(F) equipment, devices, and supplies used for testing 

or inspecting the good; 

(G) catalysts and solvents; and 

(H) any other good that is not incorporated into the 

other good but the use of which in the production of the 


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other good can reasonably be demonstrated to be a part 

of that production. 

(8) MATERIAL.—The term ‘‘material’’ means a good that 

is used in the production of another good, including a part 

or an ingredient. 

(9) MATERIAL THAT IS SELF-PRODUCED.—The term ‘‘material 

that is self-produced’’ means an originating material that is 

produced by a producer of a good and used in the production 

of that good. 

(10) MODEL LINE OF MOTOR VEHICLES.—The term ‘‘model 

line of motor vehicles’’ means a group of motor vehicles having 

the same platform or model name. 

(11) NET COST.—The term ‘‘net cost’’ means total cost minus 

sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest 

costs that are included in the total cost. 

(12) NONALLOWABLE INTEREST COSTS.—The term ‘‘nonallowable interest costs’’ means interest costs incurred by a producer 

that exceed 700 basis points above the applicable official 

interest rate for comparable maturities of the country in which 

the producer is located. 

(13) NONORIGINATING GOOD OR NONORIGINATING MATERIAL.—The term ‘‘nonoriginating good’’ or ‘‘nonoriginating material’’ means a good or material, as the case may be, that 

does not qualify as originating under this section. 

(14) PACKING MATERIALS AND CONTAINERS FOR SHIPMENT.— 

The term ‘‘packing materials and containers for shipment’’ 

means goods used to protect another good during its transportation and does not include the packaging materials and containers in which the other good is packaged for retail sale. 

(15) PREFERENTIAL TARIFF TREATMENT.—The term ‘‘preferential tariff treatment’’ means the customs duty rate, and 

the treatment under article 3.10.4 of the Agreement, that are 

applicable to an originating good pursuant to the Agreement. 

(16) PRODUCER.—The term ‘‘producer’’ means a person who 

engages in the production of a good in the territory of Panama 

or the United States. 

(17) PRODUCTION.—The term ‘‘production’’ means growing, 

mining, harvesting, fishing, raising, trapping, hunting, manufacturing, processing, assembling, or disassembling a good. 

(18) REASONABLY ALLOCATE.—The term ‘‘reasonably allocate’’ means to apportion in a manner that would be appropriate 

under generally accepted accounting principles. 

(19) RECOVERED GOODS.—The term ‘‘recovered goods’’ 

means materials in the form of individual parts that are the 

result of— 

(A) the disassembly of used goods into individual parts; 

and 

(B) the cleaning, inspecting, testing, or other processing 

that is necessary for improvement to sound working condition of such individual parts. 

(20) REMANUFACTURED GOOD.—The term ‘‘remanufactured 

good’’ means a good that is classified under chapter 84, 85, 

87, or 90, or heading 9402, other than a good classified under 

heading 8418 or 8516, and that— 

(A) is entirely or partially comprised of recovered goods; 

and 


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(B) has a similar life expectancy and enjoys a factory 

warranty similar to such a good that is new. 

(21) TOTAL COST.—The term ‘‘total cost’’ means all product 

costs, period costs, and other costs for a good incurred in 

the territory of Panama, the United States, or both. 

(22) USED.—The term ‘‘used’’ means utilized or consumed 

in the production of goods. 

(o) PRESIDENTIAL PROCLAMATION AUTHORITY.— (1) IN GENERAL.—The President is authorized to proclaim, 

as part of the HTS— 

(A) the provisions set forth in Annex 4.1 of the Agreement; and 

(B) any additional subordinate category that is necessary to carry out this title consistent with the Agreement. 

(2) FABRICS, YARNS, OR FIBERS NOT AVAILABLE IN COMMER- CIAL QUANTITIES IN THE UNITED STATES.—The President is 

authorized to proclaim that a fabric, yarn, or fiber is added 

to the list in Annex 3.25 of the Agreement in an unrestricted 

quantity, as provided in article 3.25.4(e) of the Agreement. 

(3) MODIFICATIONS.— 

(A) IN GENERAL.—Subject to the consultation and layover provisions of section 104, the President may proclaim 

modifications to the provisions proclaimed under the 

authority of paragraph (1)(A), other than provisions of chapters 50 through 63 (as included in Annex 4.1 of the Agreement). 

(B) ADDITIONAL PROCLAMATIONS.—Notwithstanding 

subparagraph (A), and subject to the consultation and layover provisions of section 104, the President may proclaim 

before the end of the 1-year period beginning on the date 

on which the Agreement enters into force, modifications 

to correct any typographical, clerical, or other nonsubstantive technical error regarding the provisions of chapters 

50 through 63 (as included in Annex 4.1 of the Agreement). 

(4) FABRICS, YARNS, OR FIBERS NOT AVAILABLE IN COMMER- CIAL QUANTITIES IN PANAMA AND THE UNITED STATES.— 

(A) IN GENERAL.—Notwithstanding paragraph (3)(A), 

the list of fabrics, yarns, and fibers set forth in Annex 

3.25 of the Agreement may be modified as provided for 

in this paragraph. 

(B) DEFINITIONS.—In this paragraph: 

(i) INTERESTED ENTITY.—The term ‘‘interested 

entity’’ means the Government of Panama, a potential 

or actual purchaser of a textile or apparel good, or 

a potential or actual supplier of a textile or apparel 

good. 

(ii) DAY; DAYS.—All references to ‘‘day’’ and ‘‘days’’ 

exclude Saturdays, Sundays, and legal holidays 

observed by the Government of the United States. 

(C) REQUESTS TO ADD FABRICS, YARNS, OR FIBERS.— 

(i) IN GENERAL.—An interested entity may request 

the President to determine that a fabric, yarn, or fiber 

is not available in commercial quantities in a timely 

manner in Panama and the United States and to add 

that fabric, yarn, or fiber to the list in Annex 3.25 

of the Agreement in a restricted or unrestricted 

quantity. 


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(ii) DETERMINATIONS.—After receiving a request 

under clause (i), the President may determine 

whether— 

(I) the fabric, yarn, or fiber is available in 

commercial quantities in a timely manner in 

Panama or the United States; or 

(II) any interested entity objects to the 

request. 

(iii) PROCLAMATION AUTHORITY.—The President 

may, within the time periods specified in clause (iv), 

proclaim that the fabric, yarn, or fiber that is the 

subject of the request is added to the list in Annex 

3.25 of the Agreement in an unrestricted quantity, 

or in any restricted quantity that the President may 

establish, if the President has determined under clause 

(ii) that— 

(I) the fabric, yarn, or fiber is not available 

in commercial quantities in a timely manner in 

Panama and the United States; or 

(II) no interested entity has objected to the 

request. 

(iv) TIME PERIODS.—The time periods within which 

the President may issue a proclamation under clause 

(iii) are— 

(I) not later than 30 days after the date on 

which a request is submitted under clause (i); or 

(II) not later than 44 days after the request 

is submitted, if the President determines, within 

30 days after the date on which the request is 

submitted, that the President does not have sufficient information to make a determination under 

clause (ii). 

(v) EFFECTIVE DATE.—Notwithstanding section 

103(a)(2), a proclamation made under clause (iii) shall 

take effect on the date on which the text of the 

proclamation is published in the Federal Register. 

(vi) ELIMINATION OF RESTRICTION.—Not later than 

6 months after proclaiming under clause (iii) that a 

fabric, yarn, or fiber is added to the list in Annex 

3.25 of the Agreement in a restricted quantity, the 

President may eliminate the restriction if the President 

determines that the fabric, yarn, or fiber is not available in commercial quantities in a timely manner in 

Panama and the United States. 

(D) DEEMED APPROVAL OF REQUEST.—If, after an 

interested entity submits a request under subparagraph 

(C)(i), the President does not, within the applicable time 

period specified in subparagraph (C)(iv), make a determination under subparagraph (C)(ii) regarding the request, the 

fabric, yarn, or fiber that is the subject of the request 

shall be considered to be added, in an unrestricted quantity, 

to the list in Annex 3.25 of the Agreement beginning— 

(i) 45 days after the date on which the request 

is submitted; or 

(ii) 60 days after the date on which the request 

is submitted, if the President made a determination 

under subparagraph (C)(iv)(II). 

Time periods. 

Deadline. 


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(E) REQUESTS TO RESTRICT OR REMOVE FABRICS, YARNS, OR FIBERS.— 

(i) IN GENERAL.—Subject to clause (ii), an 

interested entity may request the President to restrict 

the quantity of, or remove from the list in Annex 

3.25 of the Agreement, any fabric, yarn, or fiber— 

(I) that has been added to that list in an 

unrestricted quantity pursuant to paragraph (2) 

or subparagraph (C)(iii) or (D) of this paragraph; 

or 

(II) with respect to which the President has 

eliminated a restriction under subparagraph 

(C)(vi). 

(ii) TIME PERIOD FOR SUBMISSION.—An interested 

entity may submit a request under clause (i) at any 

time beginning on the date that is 6 months after 

the date of the action described in subclause (I) or 

(II) of that clause. 

(iii) PROCLAMATION AUTHORITY.—Not later than 30 

days after the date on which a request under clause 

(i) is submitted, the President may proclaim an action 

provided for under clause (i) if the President determines that the fabric, yarn, or fiber that is the subject 

of the request is available in commercial quantities 

in a timely manner in Panama or the United States. 

(iv) EFFECTIVE DATE.—A proclamation issued 

under clause (iii) may not take effect earlier than the 

date that is 6 months after the date on which the 

text of the proclamation is published in the Federal 

Register. 

(F) PROCEDURES.—The President shall establish procedures— 

(i) governing the submission of a request under 

subparagraphs (C) and (E); and 

(ii) providing an opportunity for interested entities 

to submit comments and supporting evidence before 

the President makes a determination under subparagraph (C) (ii) or (vi) or (E)(iii). 

SEC. 204. CUSTOMS USER FEES. 

Section 13031(b) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is amended by adding after 

paragraph (20) the following: 

‘‘(21) No fee may be charged under subsection (a)(9) or (10) 

with respect to goods that qualify as originating goods under section 

203 of the United States–Panama Trade Promotion Agreement 

Implementation Act. Any service for which an exemption from 

such fee is provided by reason of this paragraph may not be funded 

with money contained in the Customs User Fee Account.’’. 

SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; FALSE CERTIFICATIONS OF ORIGIN; DENIAL OF PREFERENTIAL TARIFF 

TREATMENT. 

(a) DISCLOSURE OF INCORRECT INFORMATION.—Section 592 of 

the Tariff Act of 1930 (19 U.S.C. 1592) is amended— 

(1) in subsection (c)— 

(A) by redesignating paragraph (13) as paragraph (14); 

and 

President. 

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(B) by inserting after paragraph (12) the following 

new paragraph: 

‘‘(13) PRIOR DISCLOSURE REGARDING CLAIMS UNDER THE

UNITED STATES–PANAMA TRADE PROMOTION AGREEMENT.—An 

importer shall not be subject to penalties under subsection 

(a) for making an incorrect claim that a good qualifies as 

an originating good under section 203 of the United States– 

Panama Trade Promotion Agreement Implementation Act if 

the importer, in accordance with regulations issued by the 

Secretary of the Treasury, promptly and voluntarily makes 

a corrected declaration and pays any duties owing with respect 

to that good.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(l) FALSE CERTIFICATIONS OF ORIGIN UNDER THE UNITED

STATES–PANAMA TRADE PROMOTION AGREEMENT.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), it is unlawful 

for any person to certify falsely, by fraud, gross negligence, 

or negligence, in a Panama TPA certification of origin (as 

defined in section 508 of this Act) that a good exported from 

the United States qualifies as an originating good under the 

rules of origin provided for in section 203 of the United States– 

Panama Trade Promotion Agreement Implementation Act. The 

procedures and penalties of this section that apply to a violation 

of subsection (a) also apply to a violation of this subsection. 

‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF INCORRECT

INFORMATION.—No penalty shall be imposed under this subsection if, promptly after an exporter or producer that issued 

a Panama TPA certification of origin has reason to believe 

that such certification contains or is based on incorrect information, the exporter or producer voluntarily provides written 

notice of such incorrect information to every person to whom 

the certification was issued. 

‘‘(3) EXCEPTION.—A person shall not be considered to have 

violated paragraph (1) if— 

‘‘(A) the information was correct at the time it was 

provided in a Panama TPA certification of origin but was 

later rendered incorrect due to a change in circumstances; 

and 

‘‘(B) the person promptly and voluntarily provides written notice of the change in circumstances to all persons 

to whom the person provided the certification.’’. 

(b) DENIAL OF PREFERENTIAL TARIFF TREATMENT.—Section 514 

of the Tariff Act of 1930 (19 U.S.C. 1514) is amended by adding 

at the end the following new subsection: 

‘‘(l) DENIAL OF PREFERENTIAL TARIFF TREATMENT UNDER THE

UNITED STATES–PANAMA TRADE PROMOTION AGREEMENT.—If U.S. 

Customs and Border Protection or U.S. Immigration and Customs 

Enforcement of the Department of Homeland Security finds indications of a pattern of conduct by an importer, exporter, or producer 

of false or unsupported representations that goods qualify under 

the rules of origin provided for in section 203 of the United States– 

Panama Trade Promotion Agreement Implementation Act, U.S. 

Customs and Border Protection, in accordance with regulations 

issued by the Secretary of the Treasury, may suspend preferential 

tariff treatment under the United States–Panama Trade Promotion 

Agreement to entries of identical goods covered by subsequent representations by that importer, exporter, or producer until U.S. 

Applicability. 


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Customs and Border Protection determines that representations 

of that person are in conformity with such section 203.’’. 

SEC. 206. RELIQUIDATION OF ENTRIES. 

Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 1520(d)) 

is amended in the matter preceding paragraph (1)— 

(1) by striking ‘‘or’’; and 

(2) by striking ‘‘for which’’ and inserting ‘‘, or section 203 

of the United States–Panama Trade Promotion Agreement 

Implementation Act for which’’. 

SEC. 207. RECORDKEEPING REQUIREMENTS. 

Section 508 of the Tariff Act of 1930 (19 U.S.C. 1508) is 

amended— 

(1) by redesignating subsection (k) as subsection (l); 

(2) by inserting after subsection (j) the following new subsection: 

‘‘(k) CERTIFICATIONS OF ORIGIN FOR GOODS EXPORTED UNDER

THE UNITED STATES–PANAMA TRADE PROMOTION AGREEMENT.— ‘‘(1) DEFINITIONS.—In this subsection: 

‘‘(A) RECORDS AND SUPPORTING DOCUMENTS.—The term 

‘records and supporting documents’ means, with respect 

to an exported good under paragraph (2), records and documents related to the origin of the good, including— 

‘‘(i) the purchase, cost, and value of, and payment 

for, the good; 

‘‘(ii) the purchase, cost, and value of, and payment 

for, all materials, including indirect materials, used 

in the production of the good; and 

‘‘(iii) the production of the good in the form in 

which it was exported. 

‘‘(B) PANAMA TPA CERTIFICATION OF ORIGIN.—The term 

‘Panama TPA certification of origin’ means the certification 

established under article 4.15 of the United States–Panama 

Trade Promotion Agreement that a good qualifies as an 

originating good under such Agreement. 

‘‘(2) EXPORTS TO PANAMA.—Any person who completes and 

issues a Panama TPA certification of origin for a good exported 

from the United States shall make, keep, and, pursuant to 

rules and regulations promulgated by the Secretary of the 

Treasury, render for examination and inspection all records 

and supporting documents related to the origin of the good 

(including the certification or copies thereof). 

‘‘(3) RETENTION PERIOD.—The person who issues a Panama 

TPA certification of origin shall keep the records and supporting 

documents relating to that certification of origin for a period 

of at least 5 years after the date on which the certification 

is issued.’’; and 

(3) in subsection (l), as so redesignated, by striking ‘‘(i), 

or (j)’’ and inserting ‘‘(i), (j), or (k)’’. 

SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE OR 

APPAREL GOODS. 

(a) ACTION DURING VERIFICATION.— 

(1) IN GENERAL.—If the Secretary of the Treasury requests 

the Government of Panama to conduct a verification pursuant 

to article 3.21 of the Agreement for purposes of making a 

determination under paragraph (2), the President may direct 

Regulations. 


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the Secretary to take appropriate action described in subsection 

(b) while the verification is being conducted. 

(2) DETERMINATION.—A determination under this paragraph is a determination of the Secretary that— 

(A) an enterprise in Panama is complying with 

applicable customs laws, regulations, and procedures 

regarding trade in textile or apparel goods, or 

(B) a claim that a textile or apparel good exported 

or produced by such enterprise— 

(i) qualifies as an originating good under section 

203, or 

(ii) is a good of Panama, 

is accurate. 

(b) APPROPRIATE ACTION DESCRIBED.—Appropriate action under 

subsection (a)(1) includes— 

(1) suspension of preferential tariff treatment under the 

Agreement with respect to— 

(A) any textile or apparel good exported or produced 

by the person that is the subject of a verification under 

subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary of the Treasury determines that there is insufficient information to support any 

claim for preferential tariff treatment that has been made 

with respect to any such good; or 

(B) the textile or apparel good for which a claim of 

preferential tariff treatment has been made that is the 

subject of a verification under subsection (a)(1) regarding 

a claim described in subsection (a)(2)(B), if the Secretary 

determines that there is insufficient information to support 

that claim; 

(2) denial of preferential tariff treatment under the Agreement with respect to— 

(A) any textile or apparel good exported or produced 

by the person that is the subject of a verification under 

subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary determines that the person has provided incorrect information to support any claim 

for preferential tariff treatment that has been made with 

respect to any such good; or 

(B) the textile or apparel good for which a claim of 

preferential tariff treatment has been made that is the 

subject of a verification under subsection (a)(1) regarding 

a claim described in subsection (a)(2)(B), if the Secretary 

determines that a person has provided incorrect information to support that claim; 

(3) detention of any textile or apparel good exported or 

produced by the person that is the subject of a verification 

under subsection (a)(1) regarding compliance described in subsection (a)(2)(A) or a claim described in subsection (a)(2)(B), 

if the Secretary determines that there is insufficient information to determine the country of origin of any such good; and 

(4) denial of entry into the United States of any textile 

or apparel good exported or produced by the person that is 

the subject of a verification under subsection (a)(1) regarding 

compliance described in subsection (a)(2)(A) or a claim described 

in subsection (a)(2)(B), if the Secretary determines that the 


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person has provided incorrect information as to the country 

of origin of any such good. 

(c) ACTION ON COMPLETION OF A VERIFICATION.—On completion 

of a verification under subsection (a), the President may direct 

the Secretary of the Treasury to take appropriate action described 

in subsection (d) until such time as the Secretary receives information sufficient to make the determination under subsection (a)(2) 

or until such earlier date as the President may direct. 

(d) APPROPRIATE ACTION DESCRIBED.—Appropriate action under 

subsection (c) includes— 

(1) denial of preferential tariff treatment under the Agreement with respect to— 

(A) any textile or apparel good exported or produced 

by the person that is the subject of a verification under 

subsection (a)(1) regarding compliance described in subsection (a)(2)(A), if the Secretary of the Treasury determines that there is insufficient information to support, 

or that the person has provided incorrect information to 

support, any claim for preferential tariff treatment that 

has been made with respect to any such good; or 

(B) the textile or apparel good for which a claim of 

preferential tariff treatment has been made that is the 

subject of a verification under subsection (a)(1) regarding 

a claim described in subsection (a)(2)(B), if the Secretary 

determines that there is insufficient information to support, 

or that a person has provided incorrect information to 

support, that claim; and 

(2) denial of entry into the United States of any textile 

or apparel good exported or produced by the person that is 

the subject of a verification under subsection (a)(1) regarding 

compliance described in subsection (a)(2)(A) or a claim described 

in subsection (a)(2)(B), if the Secretary determines that there 

is insufficient information to determine, or that the person 

has provided incorrect information as to, the country of origin 

of any such good. 

(e) PUBLICATION OF NAME OF PERSON.—In accordance with 

article 3.21.9 of the Agreement, the Secretary of the Treasury 

may publish the name of any person that the Secretary has determined— 

(1) is engaged in intentional circumvention of applicable 

laws, regulations, or procedures affecting trade in textile or 

apparel goods; or 

(2) has failed to demonstrate that it produces, or is capable 

of producing, the textile or apparel goods that are the subject 

of a verification under subsection (a)(1). 

SEC. 209. REGULATIONS. 

The Secretary of the Treasury shall prescribe such regulations 

as may be necessary to carry out— 

(1) subsections (a) through (n) of section 203; 

(2) the amendment made by section 204; and 

(3) any proclamation issued under section 203(o). 


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TITLE III—RELIEF FROM IMPORTS 

SEC. 301. DEFINITIONS. 

In this title: 

(1) PANAMANIAN ARTICLE.—The term ‘‘Panamanian article’’ 

means an article that qualifies as an originating good under 

section 203(b). 

(2) PANAMANIAN TEXTILE OR APPAREL ARTICLE.—The term 

‘‘Panamanian textile or apparel article’’ means a textile or 

apparel good (as defined in section 3(4)) that is a Panamanian 

article. 

Subtitle A—Relief From Imports 

Benefitting From the Agreement 

SEC. 311. COMMENCING OF ACTION FOR RELIEF. 

(a) FILING OF PETITION.—A petition requesting action under 

this subtitle for the purpose of adjusting to the obligations of 

the United States under the Agreement may be filed with the 

Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry. The Commission shall transmit a copy of any 

petition filed under this subsection to the United States Trade 

Representative. 

(b) INVESTIGATION AND DETERMINATION.—Upon the filing of 

a petition under subsection (a), the Commission, unless subsection 

(d) applies, shall promptly initiate an investigation to determine 

whether, as a result of the reduction or elimination of a duty 

provided for under the Agreement, a Panamanian article is being 

imported into the United States in such increased quantities, in 

absolute terms or relative to domestic production, and under such 

conditions that imports of the Panamanian article constitute a 

substantial cause of serious injury or threat thereof to the domestic 

industry producing an article that is like, or directly competitive 

with, the imported article. 

(c) APPLICABLE PROVISIONS.—The following provisions of section 

202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect 

to any investigation initiated under subsection (b): 

(1) Paragraphs (1)(B) and (3) of subsection (b). 

(2) Subsection (c). 

(3) Subsection (i). 

(d) ARTICLES EXEMPT FROM INVESTIGATION.—No investigation 

may be initiated under this section with respect to any Panamanian 

article if, after the date on which the Agreement enters into force, 

import relief has been provided with respect to that Panamanian 

article under this subtitle. 

SEC. 312. COMMISSION ACTION ON PETITION. 

(a) DETERMINATION.—Not later than 120 days after the date 

on which an investigation is initiated under section 311(b) with 

respect to a petition, the Commission shall make the determination 

required under that section. 

(b) APPLICABLE PROVISIONS.—For purposes of this subtitle, the 

provisions of paragraphs (1), (2), and (3) of section 330(d) of the 

Tariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall be 

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applied with respect to determinations and findings made under 

this section as if such determinations and findings were made 

under section 202 of the Trade Act of 1974 (19 U.S.C. 2252). 

(c) ADDITIONAL FINDING AND RECOMMENDATION IF DETERMINATION AFFIRMATIVE.— 

(1) IN GENERAL.—If the determination made by the 

Commission under subsection (a) with respect to imports of 

an article is affirmative, or if the President may consider a 

determination of the Commission to be an affirmative determination as provided for under paragraph (1) of section 330(d) 

of the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), the Commission 

shall find, and recommend to the President in the report 

required under subsection (d), the amount of import relief that 

is necessary to remedy or prevent the injury found by the 

Commission in the determination and to facilitate the efforts 

of the domestic industry to make a positive adjustment to 

import competition. 

(2) LIMITATION ON RELIEF.—The import relief recommended 

by the Commission under this subsection shall be limited to 

the relief described in section 313(c). 

(3) VOTING; SEPARATE VIEWS.—Only those members of the 

Commission who voted in the affirmative under subsection 

(a) are eligible to vote on the proposed action to remedy or 

prevent the injury found by the Commission. Members of the 

Commission who did not vote in the affirmative may submit, 

in the report required under subsection (d), separate views 

regarding what action, if any, should be taken to remedy or 

prevent the injury. 

(d) REPORT TO PRESIDENT.—Not later than the date that is 

30 days after the date on which a determination is made under 

subsection (a) with respect to an investigation, the Commission 

shall submit to the President a report that includes— 

(1) the determination made under subsection (a) and an 

explanation of the basis for the determination; 

(2) if the determination under subsection (a) is affirmative, 

any findings and recommendations for import relief made under 

subsection (c) and an explanation of the basis for each recommendation; and 

(3) any dissenting or separate views by members of the 

Commission regarding the determination referred to in paragraph (1) and any finding or recommendation referred to in 

paragraph (2). 

(e) PUBLIC NOTICE.—Upon submitting a report to the President 

under subsection (d), the Commission shall promptly make public 

the report (with the exception of information which the Commission 

determines to be confidential) and shall publish a summary of 

the report in the Federal Register. 

SEC. 313. PROVISION OF RELIEF. 

(a) IN GENERAL.—Not later than the date that is 30 days 

after the date on which the President receives a report of the 

Commission in which the Commission’s determination under section 

312(a) is affirmative, or which contains a determination under 

section 312(a) that the President considers to be affirmative under 

paragraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 

1330(d)(1)), the President, subject to subsection (b), shall provide 

Deadline. 

President. 

Federal Register, 

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relief from imports of the article that is the subject of such determination to the extent that the President determines necessary 

to remedy or prevent the injury found by the Commission and 

to facilitate the efforts of the domestic industry to make a positive 

adjustment to import competition. 

(b) EXCEPTION.—The President is not required to provide import 

relief under this section if the President determines that the provision of the import relief will not provide greater economic and 

social benefits than costs. 

(c) NATURE OF RELIEF.— 

(1) IN GENERAL.—The import relief that the President is 

authorized to provide under this section with respect to imports 

of an article is as follows: 

(A) The suspension of any further reduction provided 

for under Annex 3.3 of the Agreement in the duty imposed 

on the article. 

(B) An increase in the rate of duty imposed on the 

article to a level that does not exceed the lesser of— 

(i) the column 1 general rate of duty imposed under 

the HTS on like articles at the time the import relief 

is provided; or 

(ii) the column 1 general rate of duty imposed 

under the HTS on like articles on the day before the 

date on which the Agreement enters into force. 

(2) PROGRESSIVE LIBERALIZATION.—If the period for which 

import relief is provided under this section is greater than 

1 year, the President shall provide for the progressive liberalization (described in article 8.2.3 of the Agreement) of such relief 

at regular intervals during the period of its application. 

(d) PERIOD OF RELIEF.— 

(1) IN GENERAL.—Subject to paragraph (2), any import relief 

that the President provides under this section may not, in 

the aggregate, be in effect for more than 4 years. 

(2) EXTENSION.— 

(A) IN GENERAL.—If the initial period for any import 

relief provided under this section is less than 4 years, 

the President, after receiving a determination from the 

Commission under subparagraph (B) that is affirmative, 

or which the President considers to be affirmative under 

paragraph (1) of section 330(d) of the Tariff Act of 1930 

(19 U.S.C. 1330(d)(1)), may extend the effective period of 

any import relief provided under this section, subject to 

the limitation under paragraph (1), if the President determines that— 

(i) the import relief continues to be necessary to 

remedy or prevent serious injury and to facilitate 

adjustment by the domestic industry to import competition; and 

(ii) there is evidence that the industry is making 

a positive adjustment to import competition. 

(B) ACTION BY COMMISSION.— 

(i) INVESTIGATION.—Upon a petition on behalf of 

the industry concerned that is filed with the Commission not earlier than the date that is 9 months, and 

not later than the date that is 6 months, before the 

date on which any action taken under subsection (a) 


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is to terminate, the Commission shall conduct an investigation to determine whether action under this section 

continues to be necessary to remedy or prevent serious 

injury and whether there is evidence that the industry 

is making a positive adjustment to import competition. 

(ii) NOTICE AND HEARING.—The Commission shall 

publish notice of the commencement of any proceeding 

under this subparagraph in the Federal Register and 

shall, within a reasonable time thereafter, hold a public 

hearing at which the Commission shall afford 

interested parties and consumers an opportunity to 

be present, to present evidence, and to respond to 

the presentations of other parties and consumers, and 

otherwise to be heard. 

(iii) REPORT.—The Commission shall submit to the 

President a report on its investigation and determination under this subparagraph not later than 60 days 

before the action under subsection (a) is to terminate, 

unless the President specifies a different date. 

(e) RATE AFTER TERMINATION OF IMPORT RELIEF.—When import 

relief under this section is terminated with respect to an article— 

(1) the rate of duty on that article after such termination 

and on or before December 31 of the year in which such termination occurs shall be the rate that, according to the Schedule 

of the United States to Annex 3.3 of the Agreement, would 

have been in effect 1 year after the provision of relief under 

subsection (a); and 

(2) the rate of duty for that article after December 31 

of the year in which such termination occurs shall be, at the 

discretion of the President, either— 

(A) the applicable rate of duty for that article set 

forth in the Schedule of the United States to Annex 3.3 

of the Agreement; or 

(B) the rate of duty resulting from the elimination 

of the tariff in equal annual stages ending on the date 

set forth in the Schedule of the United States to Annex 

3.3 of the Agreement for the elimination of the tariff. 

(f) ARTICLES EXEMPT FROM RELIEF.—No import relief may be 

provided under this section on— 

(1) any article that is subject to import relief under— 

(A) subtitle B; or 

(B) chapter 1 of title II of the Trade Act of 1974 

(19 U.S.C. 2251 et seq.); or 

(2) any article on which an additional duty assessed under 

section 202(b) is in effect. 

SEC. 314. TERMINATION OF RELIEF AUTHORITY. 

(a) GENERAL RULE.—Subject to subsection (b), no import relief 

may be provided under this subtitle after the date that is 10 

years after the date on which the Agreement enters into force. 

(b) EXCEPTION.—If an article for which relief is provided under 

this subtitle is an article for which the period for tariff elimination, 

set forth in the Schedule of the United States to Annex 3.3 of 

the Agreement, is greater than 10 years, no relief under this subtitle 

may be provided for that article after the date on which that 

period ends. 

Federal Register, 

publication. 


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SEC. 315. COMPENSATION AUTHORITY. 

For purposes of section 123 of the Trade Act of 1974 (19 

U.S.C. 2133), any import relief provided by the President under 

section 313 shall be treated as action taken under chapter 1 of 

title II of such Act (19 U.S.C. 2251 et seq.). 

SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 

Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8)) 

is amended in the first sentence— 

(1) by striking ‘‘and’’; and 

(2) by inserting before the period at the end ‘‘, and title 

III of the United States–Panama Trade Promotion Agreement 

Implementation Act’’. 

Subtitle B—Textile and Apparel Safeguard 

Measures 

SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 

(a) IN GENERAL.—A request for action under this subtitle for 

the purpose of adjusting to the obligations of the United States 

under the Agreement may be filed with the President by an 

interested party. Upon the filing of a request, the President shall 

review the request to determine, from information presented in 

the request, whether to commence consideration of the request. 

(b) PUBLICATION OF REQUEST.—If the President determines that 

the request under subsection (a) provides the information necessary 

for the request to be considered, the President shall publish in 

the Federal Register a notice of commencement of consideration 

of the request, and notice seeking public comments regarding the 

request. The notice shall include a summary of the request and 

the dates by which comments and rebuttals must be received. 

SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 

(a) DETERMINATION.— (1) IN GENERAL.—If a positive determination is made under 

section 321(b), the President shall determine whether, as a 

result of the elimination of a duty under the Agreement, a 

Panamanian textile or apparel article is being imported into 

the United States in such increased quantities, in absolute 

terms or relative to the domestic market for that article, and 

under such conditions as to cause serious damage, or actual 

threat thereof, to a domestic industry producing an article 

that is like, or directly competitive with, the imported article. 

(2) SERIOUS DAMAGE.—In making a determination under 

paragraph (1), the President— 

(A) shall examine the effect of increased imports on 

the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization 

of capacity, inventories, market share, exports, wages, 

employment, domestic prices, profits, and investment, no 

one of which is necessarily decisive; and 

(B) shall not consider changes in consumer preference 

or changes in technology as factors supporting a determination of serious damage or actual threat thereof. 

(3) DEADLINE FOR DETERMINATION.—The President shall 

make the determination under paragraph (1) not later than 

President. 

Federal Register, 

publication. 

Notice. 

President. 


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30 days after the completion of any consultations held pursuant 

to article 3.24.4 of the Agreement. 

(b) PROVISION OF RELIEF.— 

(1) IN GENERAL.—If a determination under subsection (a) 

is affirmative, the President may provide relief from imports 

of the article that is the subject of such determination, as 

provided in paragraph (2), to the extent that the President 

determines necessary to remedy or prevent the serious damage 

and to facilitate adjustment by the domestic industry. 

(2) NATURE OF RELIEF.—The relief that the President is 

authorized to provide under this subsection with respect to 

imports of an article is an increase in the rate of duty imposed 

on the article to a level that does not exceed the lesser of— 

(A) the column 1 general rate of duty imposed under 

the HTS on like articles at the time the import relief 

is provided; or 

(B) the column 1 general rate of duty imposed under 

the HTS on like articles on the day before the date on 

which the Agreement enters into force. 

SEC. 323. PERIOD OF RELIEF. 

(a) IN GENERAL.—Subject to subsection (b), any import relief 

that the President provides under section 322(b) may not, in the 

aggregate, be in effect for more than 3 years. 

(b) EXTENSION.—If the initial period for any import relief provided under section 322 is less than 3 years, the President may 

extend the effective period of any import relief provided under 

that section, subject to the limitation set forth in subsection (a), 

if the President determines that— 

(1) the import relief continues to be necessary to remedy 

or prevent serious damage and to facilitate adjustment by the 

domestic industry to import competition; and 

(2) there is evidence that the industry is making a positive 

adjustment to import competition. 

SEC. 324. ARTICLES EXEMPT FROM RELIEF. 

The President may not provide import relief under this subtitle 

with respect to an article if— 

(1) import relief previously has been provided under this 

subtitle with respect to that article; or 

(2) the article is subject to import relief under— 

(A) subtitle A; or 

(B) chapter 1 of title II of the Trade Act of 1974 

(19 U.S.C. 2251 et seq.). 

SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. 

On the date on which import relief under this subtitle is terminated with respect to an article, the rate of duty on that article 

shall be the rate that would have been in effect but for the provision 

of such relief. 

SEC. 326. TERMINATION OF RELIEF AUTHORITY. 

No import relief may be provided under this subtitle with 

respect to any article after the date that is 5 years after the 

date on which the Agreement enters into force. 


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PUBLIC LAW 112–43—OCT. 21, 2011 125 STAT. 529 

SEC. 327. COMPENSATION AUTHORITY. 

For purposes of section 123 of the Trade Act of 1974 (19 

U.S.C. 2133), any import relief provided by the President under 

this subtitle shall be treated as action taken under chapter 1 

of title II of such Act (19 U.S.C. 2251 et seq.). 

SEC. 328. CONFIDENTIAL BUSINESS INFORMATION. 

The President may not release information received in connection with an investigation or determination under this subtitle 

which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information 

would be released by the President, or such party subsequently 

consents to the release of the information. To the extent a party 

submits confidential business information, the party shall also provide a nonconfidential version of the information in which the 

confidential business information is summarized or, if necessary, 

deleted. 

Subtitle C—Cases Under Title II of the 

Trade Act of 1974 

SEC. 331. FINDINGS AND ACTION ON PANAMANIAN ARTICLES. 

(a) EFFECT OF IMPORTS.—If, in any investigation initiated under 

chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 

et seq.), the Commission makes an affirmative determination (or 

a determination which the President may treat as an affirmative 

determination under such chapter by reason of section 330(d) of 

the Tariff Act of 1930 (19 U.S.C. 1330(d))), the Commission shall 

also find (and report to the President at the time such injury 

determination is submitted to the President) whether imports of 

the Panamanian article are a substantial cause of serious injury 

or threat thereof. 

(b) PRESIDENTIAL DETERMINATION REGARDING IMPORTS OF PANAMANIAN ARTICLES.—In determining the nature and extent of action 

to be taken under chapter 1 of title II of the Trade Act of 1974 

(19 U.S.C. 2251 et seq.), the President may exclude from the action 

Panamanian articles with respect to which the Commission has 

made a negative finding under subsection (a). 

TITLE IV—MISCELLANEOUS 

SEC. 401. ELIGIBLE PRODUCTS. 

Section 308(4)(A) of the Trade Agreements Act of 1979 (19 

U.S.C. 2518(4)(A)) is amended— 

(1) by striking ‘‘or’’ at the end of clause (viii); 

(2) by striking the period at the end of clause (ix) and 

inserting ‘‘; or’’; and 

(3) by adding at the end the following new clause: 

‘‘(x) a party to the United States–Panama Trade 

Promotion Agreement, a product or service of that 

country or instrumentality which is covered under that 

agreement for procurement by the United States.’’. 


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125 STAT. 530 PUBLIC LAW 112–43—OCT. 21, 2011 

SEC. 402. MODIFICATION TO THE CARIBBEAN BASIN ECONOMIC 

RECOVERY ACT. 

(a) IN GENERAL.—Section 212(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(b)) is amended by striking 

‘‘Panama’’ from the list of countries eligible for designation as 

beneficiary countries. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

takes effect on the date on which the President terminates the 

designation of Panama as a beneficiary country pursuant to section 

201(a)(3) of this Act. 

TITLE V—OFFSETS 

SEC. 501. EXTENSION OF CUSTOMS USER FEES. 

Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by adding 

at the end the following: 

‘‘(D) Notwithstanding subparagraph (B)(i), fees may be charged 

under paragraphs (1) through (8) of subsection (a) during the period 

beginning on September 1, 2021, and ending on September 30, 

2021.’’. 

SEC. 502. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. 

Notwithstanding section 6655 of the Internal Revenue Code 

of 1986, in the case of a corporation with assets of not less than 

$1,000,000,000 (determined as of the end of the preceding taxable 

year)— 

(1) the amount of any required installment of corporate 

estimated tax which is otherwise due in July, August, or September of 2012 shall be increased by 0.25 percent of such 

amount (determined without regard to any increase in such 

amount not contained in such Code); 

(2) the amount of any required installment of corporate 

estimated tax which is otherwise due in July, August, or September of 2016 shall be increased by 0.25 percent of such 

amount (determined without regard to any increase in such 

amount not contained in such Code); and 


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PUBLIC LAW 112–43—OCT. 21, 2011 125 STAT. 531 

LEGISLATIVE HISTORY—H.R. 3079 (S. 1643): 

HOUSE REPORTS: No. 112–238 (Comm. on Ways and Means). 

CONGRESSIONAL RECORD, Vol. 157 (2011): 

Oct. 11, considered in House. 

Oct. 12, considered and passed House and Senate. 

Æ 

(3) the amount of the next required installment after an 

installment referred to in paragraph (1) or (2) shall be appropriately reduced to reflect the amount of the increase by reason 

of such paragraph. 

Approved October 21, 2011. 


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