II 

Calendar No. 459 

112TH CONGRESS 

2D SESSION S. 3326 

To amend the African Growth and Opportunity Act to extend the thirdcountry fabric program and to add South Sudan to the list of countries 

eligible for designation under that Act, to make technical corrections 

to the Harmonized Tariff Schedule of the United States relating to 

the textile and apparel rules of origin for the Dominican RepublicCentral America-United States Free Trade Agreement, to approve the 

renewal of import restrictions contained in the Burmese Freedom and 

Democracy Act of 2003, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 21, 2012 

Mr. BAUCUS (for himself, Mr. HATCH, Mr. COONS, Mr. MCCONNELL, Mr. 

BLUNT, Mr. ISAKSON, Mr. BROWN of Massachusetts, Mr. THUNE, Mr. 

KERRY, Mr. WICKER, Mrs. FEINSTEIN, Mr. DURBIN, and Mr. COCHRAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Finance 

JULY 18, 2012 

Reported by Mr. BAUCUS, without amendment 

A BILL 

To amend the African Growth and Opportunity Act to extend 

the third-country fabric program and to add South 

Sudan to the list of countries eligible for designation 

under that Act, to make technical corrections to the 

Harmonized Tariff Schedule of the United States relating to the textile and apparel rules of origin for the 


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Dominican Republic-Central America-United States Free 

Trade Agreement, to approve the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, and for other purposes. 

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

3 SECTION 1. AMENDMENTS TO AFRICAN GROWTH AND OP4 PORTUNITY ACT. 

5 (a) EXTENSION OF THIRD-COUNTRY FABRIC PRO6 GRAM.—Section 112(c)(1) of the African Growth and Op7 portunity Act (19 U.S.C. 3721(c)(1)) is amended— 

8 (1) in the paragraph heading, by striking 

9 ‘‘2012’’ and inserting ‘‘2015’’; 

10 (2) in subparagraph (A), by striking ‘‘2012’’ 

11 and inserting ‘‘2015’’; and 

12 (3) in subparagraph (B)(ii), by striking ‘‘2012’’ 

13 and inserting ‘‘2015’’. 

14 (b) ADDITION OF SOUTH SUDAN.—Section 107 of 

15 that Act (19 U.S.C. 3706) is amended by inserting after 

16 ‘‘Republic of South Africa (South Africa).’’ the following: 

17 ‘‘Republic of South Sudan (South Sudan).’’. 

18 (c) CONFORMING AMENDMENT.—Section 102(2) of 

19 that Act (19 U.S.C. 3701(2)) is amended by striking 

20 ‘‘48’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the date of the enactment 

3 of this Act. 

4 SEC. 2. MODIFICATIONS TO TEXTILE AND APPAREL RULES 

5 OF ORIGIN FOR THE DOMINICAN REPUBLIC6 CENTRAL AMERICA-UNITED STATES FREE 

7 TRADE AGREEMENT. 

8 (a) DEFINITIONS.—In this section: 

9 (1) AGREEMENT.—The term ‘‘Agreement’’ has 

10 the meaning given the term in section 3(1) of the 

11 Dominican Republic-Central America-United States 

12 Free Trade Agreement Implementation Act (Public 

13 Law 109–53; 19 U.S.C. 4002(1)). 

14 (2) CAFTA–DR COUNTRY.—The term 

15 ‘‘CAFTA–DR country’’ has the meaning given the 

16 term in section 3(2) of the Dominican Republic-Cen17 tral America-United States Free Trade Agreement 

18 Implementation Act (Public Law 109–53; 19 U.S.C. 

19 4002(2)). 

20 (3) HTS.—The term ‘‘HTS’’ means the Har21 monized Tariff Schedule of the United States. 

22 (4) TRADE REPRESENTATIVE.—The term 

23 ‘‘Trade Representative’’ means the United States 

24 Trade Representative. 


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1 (b) MODIFICATIONS TO THE TEXTILE AND APPAREL

2 RULES OF ORIGIN.— 

3 (1) INTERPRETATION AND APPLICATION OF

4 RULES OF ORIGIN.—Subdivision (m)(viii) of general 

5 note 29 of the HTS is amended as follows: 

6 (A) The matter following subdivision 

7 (A)(2) is amended by striking the second sen8 tence and inserting the following: ‘‘Any elas9 tomeric yarn (except latex) contained in the 

10 originating yarns referred to in subdivision 

11 (A)(2) must be formed in the territory of one 

12 or more of the parties to the Agreement.’’. 

13 (B) Subdivision (B) is amended— 

14 (i) in the matter preceding subdivision 

15 (B)(1), by striking ‘‘exclusive of collars 

16 and cuffs where applicable,’’ and inserting 

17 ‘‘exclusive of collars, cuffs and ribbed 

18 waistbands (only if the ribbed waistband is 

19 present in combination with cuffs and 

20 identical in fabric construction to the 

21 cuffs) where applicable,’’; 

22 (ii) in subdivision (B)(2), by inserting 

23 ‘‘or knit to shape components’’ after ‘‘one 

24 or more fabrics’’; 


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1 (iii) by amending subdivision (B)(3) 

2 to read as follows: 

3 ‘‘(3) any combination of the fabrics re4 ferred to in subdivision (B)(1), the fabrics or 

5 knit to shape components referred to in subdivi6 sion (B)(2), or one or more fabrics or knit to 

7 shape components originating under this note.’’; 

8 and 

9 (iv) in the matter following subdivi10 sion (B)(3), by striking the last sentence 

11 and inserting the following: ‘‘Any elas12 tomeric yarn (except latex) contained in an 

13 originating fabric or knit to shape compo14 nent referred to in subdivision (B)(3) must 

15 be formed in the territory of one or more 

16 of the parties to the Agreement.’’. 

17 (C) Subdivision (C) is amended— 

18 (i) in subdivision (C)(2), by inserting 

19 ‘‘or knit to shape components’’ after ‘‘one 

20 or more fabrics’’; 

21 (ii) by amending subdivision (C)(3) to 

22 read as follows: 

23 ‘‘(3) any combination of the fabrics re24 ferred to in subdivision (C)(1), the fabrics or 

25 knit to shape components referred to in subdiviVerDate Mar 15 2010 00:18 Jul 19, 2012 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3326.RS S3326

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1 sion (C)(2) or one or more fabrics or knit to 

2 shape components originating under this note.’’; 

3 and 

4 (iii) in the matter following subdivi5 sion (C)(3), by striking the second sen6 tence and inserting the following: ‘‘Any 

7 elastomeric yarn (except latex) contained 

8 in an originating fabric or knit to shape 

9 component referred to in subdivision 

10 (C)(3) must be formed in the territory of 

11 one or more of the parties to the Agree12 ment.’’. 

13 (2) CHANGE IN TARIFF CLASSIFICATION

14 RULES.—Subdivision (n) of general note 29 of the 

15 HTS is amended as follows: 

16 (A) Chapter rule 4 to chapter 61 is amend17 ed— 

18 (i) by striking ‘‘5401 or 5508’’ and 

19 inserting ‘‘5401, or 5508 or yarn of head20 ing 5402 used as sewing thread,’’; and 

21 (ii) by inserting ‘‘or yarn’’ after ‘‘only 

22 if such sewing thread’’. 

23 (B) The chapter rules to chapter 61 are 

24 amended by inserting after chapter rule 5 the 

25 following: 


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1 ‘‘Chapter rule 6: Notwithstanding chapter rules 1, 3, 

2 4 or 5 to this chapter, an apparel good of chapter 61 shall 

3 be considered originating regardless of the origin of any 

4 visible lining fabric described in chapter rule 1 to this 

5 chapter, narrow elastic fabrics as described in chapter rule 

6 3 to this chapter, sewing thread or yarn of heading 5402 

7 used as sewing thread described in chapter rule 4 to this 

8 chapter or pocket bag fabric described in chapter rule 5 

9 to this chapter, provided such material is listed in U.S. 

10 note 20 to subchapter XXII of chapter 98 and the good 

11 meets all other applicable requirements for preferential 

12 tariff treatment under this note.’’. 

13 (C) Chapter rules 3, 4, and 5 to chapter 

14 62 are each amended by striking ‘‘nightwear’’ 

15 each place it appears and inserting 

16 ‘‘sleepwear’’. 

17 (D) Chapter rule 4 to chapter 62 is 

18 amended— 

19 (i) by striking ‘‘5401 or 5508’’ and 

20 inserting ‘‘5401, or 5508 or yarn of head21 ing 5402 used as sewing thread,’’; and 

22 (ii) by inserting ‘‘or yarn’’ after ‘‘only 

23 if such sewing thread’’. 


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1 (E) The chapter rules to chapter 62 are 

2 amended by inserting after chapter rule 5 the 

3 following: 

4 ‘‘Chapter rule 6: Notwithstanding chapter rules 1, 3, 

5 4 or 5 to this chapter, an apparel good of chapter 62 shall 

6 be considered originating regardless of the origin of any 

7 visible lining fabric described in chapter rule 1 to this 

8 chapter, narrow elastic fabrics as described in chapter rule 

9 3 to this chapter, sewing thread or yarn of heading 5402 

10 used as sewing thread described in chapter rule 4 to this 

11 chapter or pocket bag fabric described in chapter rule 5, 

12 provided such material is listed in U.S. note 20 to sub13 chapter XXII of chapter 98 and the good meets all other 

14 applicable requirements for preferential tariff treatment 

15 under this note.’’. 

16 (F) Tariff classification rule 33 to chapter 

17 62 is amended to read as follows: 

18 ‘‘33. A change to pajamas and sleepwear of sub19 headings 6207.21 or 6207.22, tariff items 6207.91.30 or 

20 6207.92.40, subheadings 6208.21 or 6208.22 or tariff 

21 items 6208.91.30, 6208.92.00 or 6208.99.20 from any 

22 other chapter, provided that the good is cut or knit to 

23 shape, or both, and sewn or otherwise assembled in the 

24 territory of one or more of the parties to the Agreement.’’. 


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1 (G) Chapter rule 2 to chapter 63 is 

2 amended— 

3 (i) by striking ‘‘5401 or 5508’’ and 

4 inserting ‘‘5401, or 5508 or yarn of head5 ing 5402 used as sewing thread,’’; and 

6 (ii) by inserting ‘‘or yarn’’ after ‘‘only 

7 if such sewing thread’’. 

8 (H) The chapter rules to chapter 63 are 

9 amended by inserting after chapter rule 2 the 

10 following: 

11 ‘‘Chapter rule 3: Notwithstanding chapter rule 2 to 

12 this chapter, a good of this chapter shall be considered 

13 originating regardless of the origin of sewing thread or 

14 yarn of heading 5402 used as sewing thread described in 

15 chapter rule 2 to this chapter, provided the thread or yarn 

16 is listed in U.S. note 20 to subchapter XXII of chapter 

17 98 and the good meets all other applicable requirements 

18 for preferential tariff treatment under this note.’’. 

19 (3) EFFECTIVE DATE.— 

20 (A) IN GENERAL.—The amendments made 

21 by this subsection apply to goods of a CAFTA– 

22 DR country that are entered, or withdrawn 

23 from warehouse for consumption, on or after 

24 the date that the Trade Representative deter25 mines is the first date on which the equivalent 


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1 amendments to the rules of origin of the Agree2 ment have entered into force in all CAFTA–DR 

3 countries. 

4 (B) PUBLICATION OF DETERMINATION.— 

5 The Trade Representative shall promptly pub6 lish notice of the determination under subpara7 graph (A) in the Federal Register. 

8 SEC. 3. EXTENSION OF AND RENEWAL OF IMPORT RESTRIC9 TIONS UNDER BURMESE FREEDOM AND DE10 MOCRACY ACT OF 2003. 

11 (a) EXTENSION OF BURMESE FREEDOM AND DE12 MOCRACY ACT OF 2003.—Section 9(b)(3) of the Burmese 

13 Freedom and Democracy Act of 2003 (Public Law 108– 

14 61; 50 U.S.C. 1701 note) is amended by striking ‘‘nine 

15 years’’ and inserting ‘‘twelve years’’. 

16 (b) RENEWAL OF IMPORT RESTRICTIONS.— 

17 (1) IN GENERAL.—Congress approves the re18 newal of the import restrictions contained in section 

19 3(a)(1) and section 3A (b)(1) and (c)(1) of the Bur20 mese Freedom and Democracy Act of 2003. 

21 (2) RULE OF CONSTRUCTION.—This section 

22 shall be deemed to be a ‘‘renewal resolution’’ for 

23 purposes of section 9 of the Burmese Freedom and 

24 Democracy Act of 2003. 


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1 (c) EFFECTIVE DATE.—This section and the amend2 ment made by this section shall take effect on the date 

3 of the enactment of this Act or July 26, 2012, whichever 

4 occurs first. 

5 SEC. 4. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

6 TAXES. 

7 Notwithstanding section 6655 of the Internal Rev8 enue Code of 1986— 

9 (1) in the case of a corporation with assets of 

10 not less than $1,000,000,000 (determined as of the 

11 end of the preceding taxable year), the amount of 

12 any required installment of corporate estimated tax 

13 which is otherwise due in July, August, or Sep14 tember of 2017 shall be 100.25 percent of such 

15 amount; and 

16 (2) the amount of the next required installment 

17 after an installment referred to in paragraph (1) 

18 shall be appropriately reduced to reflect the amount 

19 of the increase by reason of such paragraph. 

20 SEC. 5. EXTENSION OF CUSTOMS USER FEES. 

21 Section 13031(j)(3) of the Consolidated Omnibus 

22 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) 

23 is amended— 

24 (1) in subparagraph (A), by striking ‘‘August 2, 

25 2021’’ and inserting ‘‘October 22, 2021’’; 


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1 (2) in subparagraph (B)(i), by striking ‘‘De2 cember 8, 2020’’ and inserting ‘‘October 29, 2021’’; 

3 and 

4 (3) by striking subparagraphs (C) and (D). 


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Calendar No. 459 

112TH CONGRESS 

2D SESSION S. 3326 

A BILL 

To amend the African Growth and Opportunity Act 

purposes. dom and Democracy Act of 2003, and for other port restrictions contained in the Burmese FreeTrade Agreement, to approve the renewal of imRepublic-Central America-United States Free tile and apparel rules of origin for the Dominican Schedule of the United States relating to the texnical corrections to the Harmonized Tariff ble for designation under that Act, to make techto add South Sudan to the list of countries eligito extend the third-country fabric program and 

JULY 18, 2012 

Reported without amendment 


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