PUBLIC LAW 110–436—OCT. 16, 2008 

ANDEAN TRADE PREFERENCE EXTENSION 


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122 STAT. 4976 PUBLIC LAW 110–436—OCT. 16, 2008 

Public Law 110–436 

110th Congress 

An Act 

To extend the Andean Trade Preference Act, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. 

(a) EXTENSION.—Section 208 of the Andean Trade Preference 

Act (19 U.S.C. 3206) is amended to read as follows: 

‘‘SEC. 208. TERMINATION OF PREFERENTIAL TREATMENT. 

‘‘(a) IN GENERAL.—No duty-free treatment or other preferential 

treatment extended to beneficiary countries under this title shall— 

‘‘(1) remain in effect with respect to Colombia or Peru 

after December 31, 2009; 

‘‘(2) remain in effect with respect to Ecuador after June 

30, 2009, except that duty-free treatment and other preferential 

treatment under this title shall remain in effect with respect 

to Ecuador during the period beginning on July 1, 2009, and 

ending on December 31, 2009, unless the President reviews 

the criteria set forth in section 203, and on or before June 

30, 2009, reports to the Committee on Finance of the Senate 

and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that— 

‘‘(A) the President has determined that Ecuador does 

not satisfy the requirements set forth in section 203(c) 

for being designated as a beneficiary country; and 

‘‘(B) in making that determination, the President has 

taken into account each of the factors set forth in section 

203(d); and 

‘‘(3) remain in effect with respect to Bolivia after June 

30, 2009, except that duty-free treatment and other preferential 

treatment under this title shall remain in effect with respect 

to Bolivia during the period beginning on July 1, 2009, and 

ending on December 31, 2009, only if the President reviews 

the criteria set forth in section 203, and on or before June 

30, 2009, reports to the Committee on Finance of the Senate 

and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that— 

‘‘(A) the President has determined that Bolivia satisfies 

the requirements set forth in section 203(c) for being designated as a beneficiary country; and 

‘‘(B) in making that determination, the President has 

taken into account each of the factors set forth in section 

203(d). 

Foreign 

countries. 

Time period. 

Reports. 

Deadline. 

President. 

Oct. 16, 2008 

[H.R. 7222] 


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PUBLIC LAW 110–436—OCT. 16, 2008 122 STAT. 4977 

‘‘(b) REPORTS.—On or before June 30, 2009, the President shall 

make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) 

and report to the Committee on Finance of the Senate and the 

Committee on Ways and Means of the House of Representatives 

on— 

‘‘(1) such determinations; and 

‘‘(2) the reasons for such determinations.’’. 

(b) TREATMENT OF CERTAIN APPAREL ARTICLES.—Section 

204(b)(3) of such Act (19 U.S.C. 3203(b)(3)) is amended— 

(1) in subparagraph (B)— 

(A) in clause (iii)— 

(i) in subclause (II), by striking ‘‘6 succeeding 1- 

year periods’’ and inserting ‘‘7 succeeding 1-year 

periods’’; and 

(ii) in subclause (III)(bb), by striking ‘‘and for the 

succeeding 1-year period’’ and inserting ‘‘and for the 

succeeding 2-year period’’; and 

(B) in clause (v)(II), by striking ‘‘5 succeeding 1-year 

periods’’ and inserting ‘‘6 succeeding 1-year periods’’; and 

(2) in subparagraph (E)(ii)(II), by striking ‘‘December 31, 

2008’’ and inserting ‘‘December 31, 2009’’. 

SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM. 

(a) IN GENERAL.—Title IV of the Dominican Republic-Central 

America-United States Free Trade Agreement Implementation Act 

(Public Law 109–53; 119 Stat. 495) is amended by adding at the 

end the following: 

‘‘SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM. 

‘‘(a) PREFERENTIAL TREATMENT.— 

‘‘(1) IN GENERAL.—Eligible apparel articles wholly assembled in an eligible country and imported directly from an eligible 

country shall enter the United States free of duty, without 

regard to the source of the fabric or yarns from which the 

articles are made, if such apparel articles are accompanied 

by an earned import allowance certificate that reflects the 

amount of credits equal to the total square meter equivalents 

of fabric in such apparel articles, in accordance with the program established under subsection (b). 

‘‘(2) DETERMINATION OF QUANTITY OF SME.—For purposes 

of determining the quantity of square meter equivalents under 

paragraph (1), the conversion factors listed in ‘Correlation: U.S. 

Textile and Apparel Industry Category System with the Harmonized Tariff Schedule of the United States of America, 2008’, 

or its successor publications, of the United States Department 

of Commerce, shall apply. 

‘‘(b) EARNED IMPORT ALLOWANCE PROGRAM.— 

‘‘(1) ESTABLISHMENT.—The Secretary of Commerce shall 

establish a program to provide earned import allowance certificates to any producer or entity controlling production of eligible 

apparel articles in an eligible country for purposes of subsection 

(a), based on the elements described in paragraph (2). 

‘‘(2) ELEMENTS.—The elements referred to in paragraph 

(1) are the following: 

‘‘(A) One credit shall be issued to a producer or an 

entity controlling production for every two square meter 

equivalents of qualifying fabric that the producer or entity 

Applicability. 

19 USC 4112. 


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122 STAT. 4978 PUBLIC LAW 110–436—OCT. 16, 2008 

controlling production can demonstrate that it has purchased for the manufacture in an eligible country of articles 

like or similar to any article eligible for preferential treatment under subsection (a). The Secretary of Commerce 

shall, if requested by a producer or entity controlling 

production, create and maintain an account for such producer or entity controlling production, into which such 

credits may be deposited. 

‘‘(B) Such producer or entity controlling production may 

redeem credits issued under subparagraph (A) for earned 

import allowance certificates reflecting such number of 

earned credits as the producer or entity may request and 

has available. 

‘‘(C) Any textile mill or other entity located in the 

United States that exports qualifying fabric to an eligible 

country may submit, upon such export or upon request, 

the Shipper’s Export Declaration, or successor documentation, to the Secretary of Commerce— 

‘‘(i) verifying that the qualifying fabric was 

exported to a producer or entity controlling production 

in an eligible country; and 

‘‘(ii) identifying such producer or entity controlling 

production, and the quantity and description of qualifying fabric exported to such producer or entity controlling production. 

‘‘(D) The Secretary of Commerce may require that a 

producer or entity controlling production submit documentation to verify purchases of qualifying fabric. 

‘‘(E) The Secretary of Commerce may make available 

to each person or entity identified in the documentation 

submitted under subparagraph (C) or (D) information contained in such documentation that relates to the purchase 

of qualifying fabric involving such person or entity. 

‘‘(F) The program shall be established so as to allow, 

to the extent feasible, the submission, storage, retrieval, 

and disclosure of information in electronic format, including 

information with respect to the earned import allowance 

certificates required under subsection (a)(1). 

‘‘(G) The Secretary of Commerce may reconcile discrepancies in the information provided under subparagraph 

(C) or (D) and verify the accuracy of such information. 

‘‘(H) The Secretary of Commerce shall establish procedures to carry out the program under this section by September 30, 2008, and may establish additional requirements to carry out the program. 

‘‘(c) DEFINITIONS.—For purposes of this section— 

‘‘(1) the term ‘appropriate congressional committees’ means 

the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate; 

‘‘(2) the term ‘eligible apparel articles’ means the following 

articles classified in chapter 62 of the HTS (and meeting the 

requirements of the rules relating to chapter 62 of the HTS 

contained in general note 29(n) of the HTS) of cotton (but 

not of denim): trousers, bib and brace overalls, breeches and 

shorts, skirts and divided skirts, and pants; 

‘‘(3) the term ‘eligible country’ means the Dominican 

Republic; and 

Procedures. 

Deadline. 


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PUBLIC LAW 110–436—OCT. 16, 2008 122 STAT. 4979 

‘‘(4) the term ‘qualifying fabric’ means woven fabric of 

cotton wholly formed in the United States from yarns wholly 

formed in the United States and certified by the producer 

or entity controlling production as being suitable for use in 

the manufacture of apparel items such as trousers, bib and 

brace overalls, breeches and shorts, skirts and divided skirts 

or pants, all the foregoing of cotton, except that— 

‘‘(A) fabric otherwise eligible as qualifying fabric shall 

not be ineligible as qualifying fabric because the fabric 

contains nylon filament yarn with respect to which section 

213(b)(2)(A)(vii)(IV) of the Caribbean Basin Economic 

Recovery Act applies; 

‘‘(B) fabric that would otherwise be ineligible as qualifying fabric because the fabric contains yarns not wholly 

formed in the United States shall not be ineligible as 

qualifying fabric if the total weight of all such yarns is 

not more than 10 percent of the total weight of the fabric, 

except that any elastomeric yarn contained in an eligible 

apparel article must be wholly formed in the United States; 

and 

‘‘(C) fabric otherwise eligible as qualifying fabric shall 

not be ineligible as qualifying fabric because the fabric 

contains yarns or fibers that have been designated as not 

commercially available pursuant to— 

‘‘(i) article 3.25(4) or Annex 3.25 of the Agreement; 

‘‘(ii) Annex 401 of the North American Free Trade 

Agreement; 

‘‘(iii) section 112(b)(5) of the African Growth and 

Opportunity Act; 

‘‘(iv) section 204(b)(3)(B)(i)(III) or (ii) of the Andean 

Trade Preference Act; 

‘‘(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the 

Caribbean Basin Economic Recovery Act; or 

‘‘(vi) any other provision, relating to determining 

whether a textile or apparel article is an originating 

good eligible for preferential treatment, of a law that 

implements a free trade agreement entered into by 

the United States that is in effect at the time the 

claim for preferential treatment is made. 

‘‘(d) REVIEW AND REPORT.— 

‘‘(1) REVIEW.—The United States International Trade 

Commission shall carry out a review of the program under 

this section annually for the purpose of evaluating the effectiveness of, and making recommendations for improvements in, 

the program. 

‘‘(2) REPORT.—The United States International Trade 

Commission shall submit to the appropriate congressional 

committees annually a report on the results of the review 

carried out under paragraph (1). 

‘‘(e) EFFECTIVE DATE AND APPLICABILITY.— 

‘‘(1) EFFECTIVE DATE.—The program under this section 

shall be in effect for the 10-year period beginning on the date 

on which the President certifies to the appropriate congressional 

committees that sections A, B, C, and D of the Annex to 

Presidential Proclamation 8213 (December 20, 2007) have taken 

effect. 

President. 

Certification. 


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122 STAT. 4980 PUBLIC LAW 110–436—OCT. 16, 2008 

‘‘(2) APPLICABILITY.—The program under this section shall 

apply with respect to qualifying fabric exported to an eligible 

country on or after August 1, 2007.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the 

Dominican Republic-Central America-United States Free Trade 

Agreement Implementation Act is amended by inserting after the 

item relating to section 403 the following: 

‘‘Sec. 404. Earned import allowance program.’’. 

SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT. 

(a) IN GENERAL.—Section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721) is amended— 

(1) in subsection (b)(6)(A), by striking ‘‘ethic’’ in the second 

sentence and inserting ‘‘ethnic’’; and 

(2) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘, and subject to 

paragraph (2),’’; 

(B) by striking paragraphs (2) and (3); 

(C) in paragraph (4)— 

(i) by striking ‘‘Subsection (b)(3)(C)’’ and inserting 

‘‘Subsection (b)(3)(B)’’; and 

(ii) by redesignating such paragraph (4) as paragraph (2); and 

(D) by striking paragraph (5) and inserting the following: 

‘‘(3) DEFINITION.—In this subsection, the term ‘lesser developed beneficiary sub-Saharan African country’ means— 

‘‘(A) a beneficiary sub-Saharan African country that 

had a per capita gross national product of less than $1,500 

in 1998, as measured by the International Bank for 

Reconstruction and Development; 

‘‘(B) Botswana; 

‘‘(C) Namibia; and 

‘‘(D) Mauritius.’’. 

(b) APPLICABILITY.—The amendments made by subsection (a) 

apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment 

of this Act. 

(c) REVIEW AND REPORTS.— 

(1) ITC REVIEW AND REPORT.— 

(A) REVIEW.—The United States International Trade 

Commission shall conduct a review to identify yarns, fabrics, and other textile and apparel inputs that through 

new or increased investment or other measures can be 

produced competitively in beneficiary sub-Saharan African 

countries. 

(B) REPORT.—Not later than 7 months after the date 

of the enactment of this Act, the United States International Trade Commission shall submit to the appropriate 

congressional committees and the Comptroller General a 

report on the results of the review carried out under 

subparagraph (A). 

(2) GAO REPORT.—Not later than 90 days after the submission of the report under paragraph (1)(B), the Comptroller 

General shall submit to the appropriate congressional committees a report that, based on the results of the report submitted 

19 USC 3721 

note. 


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PUBLIC LAW 110–436—OCT. 16, 2008 122 STAT. 4981 

under paragraph (1)(B) and other available information, contains recommendations for changes to United States trade preference programs, including the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.) and the amendments made 

by that Act, to provide incentives to increase investment and 

other measures necessary to improve the competitiveness of 

beneficiary sub-Saharan African countries in the production 

of yarns, fabrics, and other textile and apparel inputs identified 

in the report submitted under paragraph (1)(B), including 

changes to requirements relating to rules of origin under such 

programs. 

(3) DEFINITIONS.—In this subsection— 

(A) the term ‘‘appropriate congressional committees’’ 

means the Committee on Ways and Means of the House 

of Representatives and the Committee on Finance of the 

Senate; and 

(B) the term ‘‘beneficiary sub-Saharan African countries’’ has the meaning given the term in section 506A(c) 

of the Trade Act of 1974 (19 U.S.C. 2466a(c)). 

(d) CLERICAL AMENDMENT.—Section 6002(a)(2)(B) of Public Law 

109–432 is amended by striking ‘‘(B) by striking’’ and inserting 

‘‘(B) in paragraph (3), by striking’’. 

SEC. 4. GENERALIZED SYSTEM OF PREFERENCES. 

Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is 

amended by striking ‘‘December 31, 2008’’ and inserting ‘‘December 

31, 2009’’. 

SEC. 5. CUSTOMS USER FEES. 

(a) IN GENERAL.—Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is 

amended— 

(1) in subparagraph (A), by striking ‘‘November 14, 2017’’ 

and inserting ‘‘February 14, 2018’’; and 

(2) in subparagraph (B)(i), by striking ‘‘October 7, 2017’’ 

and inserting ‘‘January 31, 2018’’. 

(b) REPEAL.—Section 15201 of the Food, Conservation, and 

Energy Act of 2008 (Public Law 110–246) is amended by striking 

subsections (c) and (d). 

SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES. 

The percentage under subparagraph (C) of section 401(1) of 

the Tax Increase Prevention and Reconciliation Act of 2005 in 

effect on the date of the enactment of this Act is increased by 

2 percentage points. 

SEC. 7. TECHNICAL CORRECTIONS. 

Section 15402 of the Food, Conservation, and Energy Act of 

2008 (Public Law 110–246) is amended— 

(1) in subsections (a) and (b), by striking ‘‘Carribean’’ each 

place it appears and inserting ‘‘Caribbean’’; and 

Ante, p. 2289. 

26 USC 6655 

note. 

Ante, p. 2262. 

19 USC 3721. 


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122 STAT. 4982 PUBLIC LAW 110–436—OCT. 16, 2008 

LEGISLATIVE HISTORY—H.R. 7222: 

CONGRESSIONAL RECORD, Vol. 154 (2008): 

Sept. 29, considered and passed House. 

Oct. 2, considered and passed Senate, amended. 

Oct. 3, House concurred in Senate amendment. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008): 

Oct. 16, Presidential remarks. 

Æ 

(2) in subsection (d), by striking ‘‘231A(b)’’ and inserting 

‘‘213A(b)’’. 

Approved October 16, 2008. 


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