IIB 

115TH CONGRESS 

2D SESSION H. R. 4979 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2018 

Received; read twice and referred to the Committee on Finance 

AN ACT 

To extend the Generalized System of Preferences and to 

make technical changes to the competitive need limitations provision of the program. 

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


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1 SECTION 1. EXTENSION OF GENERALIZED SYSTEM OF 

2 PREFERENCES. 

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

4 1974 (19 U.S.C. 2465) is amended by striking ‘‘December 

5 31, 2017’’ and inserting ‘‘December 31, 2020’’. 

6 (b) EFFECTIVE DATE.— 

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

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

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

10 of this Act. 

11 (2) RETROACTIVE APPLICATION FOR CERTAIN

12 LIQUIDATIONS AND RELIQUIDATIONS.— 

13 (A) IN GENERAL.—Notwithstanding sec14 tion 514 of the Tariff Act of 1930 (19 U.S.C. 

15 1514) or any other provision of law and subject 

16 to subparagraph (B), any entry of a covered ar17 ticle to which duty-free treatment or other pref18 erential treatment under title V of the Trade 

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

20 have applied if the entry had been made on De21 cember 31, 2017, that was made— 

22 (i) after December 31, 2017, and 

23 (ii) before the effective date specified 

24 in paragraph (1), 


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HR 4979 RFS 

1 shall be liquidated or reliquidated as though 

2 such entry occurred on the effective date speci3 fied in paragraph (1). 

4 (B) REQUESTS.—A liquidation or reliqui5 dation may be made under subparagraph (A) 

6 with respect to an entry only if a request there7 for is filed with U.S. Customs and Border Pro8 tection not later than 180 days after the date 

9 of the enactment of this Act that contains suffi10 cient information to enable U.S. Customs and 

11 Border Protection— 

12 (i) to locate the entry; or 

13 (ii) to reconstruct the entry if it can14 not be located. 

15 (C) PAYMENT OF AMOUNTS OWED.—Any 

16 amounts owed by the United States pursuant to 

17 the liquidation or reliquidation of an entry of a 

18 covered article under subparagraph (A) shall be 

19 paid, without interest, not later than 90 days 

20 after the date of the liquidation or reliquidation 

21 (as the case may be). 

22 (3) DEFINITIONS.—In this subsection: 

23 (A) COVERED ARTICLE.—The term ‘‘cov24 ered article’’ means an article from a country 

25 that is a beneficiary developing country under 


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

2 2461 et seq.) as of the effective date specified 

3 in paragraph (1). 

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

5 and ‘‘entry’’ include a withdrawal from ware6 house for consumption. 

7 (c) ANNUAL REPORT ON ENFORCEMENT OF ELIGI8 BILITY CRITERIA.—Not later than 1 year after the date 

9 of the enactment of this Act, and annually thereafter 

10 through December 31, 2020, the United States Trade 

11 Representative shall submit to the Committee on Ways 

12 and Means of the House of Representatives and the Com13 mittee on Finance of the Senate a report on efforts to 

14 ensure that countries designated as beneficiary developing 

15 countries under title V of the Trade Act of 1974 (19 

16 U.S.C. 2461 et seq.) are meeting the eligibility criteria set 

17 forth in section 502(c) of such Act (19 U.S.C. 2462(c)). 

18 SEC. 2. TECHNICAL MODIFICATION TO PROCEDURES FOR 

19 COMPETITIVE NEED LIMITATION AND WAIV20 ERS. 

21 Section 503 of the Trade Act of 1974 (19 U.S.C. 

22 2463) is amended— 

23 (1) in subsection (c)(2)— 


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1 (A) in the matter following subparagraph 

2 (A)(i)(II), by striking ‘‘July 1’’ and inserting 

3 ‘‘November 1’’; and 

4 (B) in subparagraph (E), by striking ‘‘on 

5 January 1, 1995’’ and inserting ‘‘in any of the 

6 preceding 3 calendar years’’; and 

7 (2) in subsection (d), by striking ‘‘July 1’’ each 

8 place it appears and inserting ‘‘November 1’’. 

9 SEC. 3. CUSTOMS USER FEES. 

10 Section 13031(j)(3)(A) of the Consolidated Omnibus 

11 Budget Reconciliation Act of 1985 (19 U.S.C. 

12 58c(j)(3)(A)) is amended by striking ‘‘February 24, 2027’’ 

13 and inserting ‘‘August 1, 2027’’. 

Passed the House of Representatives February 13, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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