II 

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, and Mr. THUNE) 

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

Committee on Finance 

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 

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. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•S 3326 IS

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’’. 

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

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

23 of this Act. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•S 3326 IS

1 SEC. 2. MODIFICATIONS TO TEXTILE AND APPAREL RULES 

2 OF ORIGIN FOR THE DOMINICAN REPUBLIC3 CENTRAL AMERICA-UNITED STATES FREE 

4 TRADE AGREEMENT. 

5 (a) DEFINITIONS.—In this section: 

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

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

8 Dominican Republic-Central America-United States 

9 Free Trade Agreement Implementation Act (Public 

10 Law 109–53; 19 U.S.C. 4002(1)). 

11 (2) CAFTA–DR COUNTRY.—The term 

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

13 term in section 3(2) of the Dominican Republic-Cen14 tral America-United States Free Trade Agreement 

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

16 4002(2)). 

17 (3) HTS.—The term ‘‘HTS’’ means the Har18 monized Tariff Schedule of the United States. 

19 (4) TRADE REPRESENTATIVE.—The term 

20 ‘‘Trade Representative’’ means the United States 

21 Trade Representative. 

22 (b) MODIFICATIONS TO THE TEXTILE AND APPAREL

23 RULES OF ORIGIN.— 

24 (1) INTERPRETATION AND APPLICATION OF

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

26 note 29 of the HTS is amended as follows: 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•S 3326 IS

1 (A) The matter following subdivision 

2 (A)(2) is amended by striking the second sen3 tence and inserting the following: ‘‘Any elas4 tomeric yarn (except latex) contained in the 

5 originating yarns referred to in subdivision 

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

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

8 (B) Subdivision (B) is amended— 

9 (i) in the matter preceding subdivision 

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

11 and cuffs where applicable,’’ and inserting 

12 ‘‘exclusive of collars, cuffs and ribbed 

13 waistbands (only if the ribbed waistband is 

14 present in combination with cuffs and 

15 identical in fabric construction to the 

16 cuffs) where applicable,’’; 

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

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

19 or more fabrics’’; 

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

21 to read as follows: 

22 ‘‘(3) any combination of the fabrics re23 ferred to in subdivision (B)(1), the fabrics or 

24 knit to shape components referred to in subdivi25 sion (B)(2), or one or more fabrics or knit to 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•S 3326 IS

1 shape components originating under this note.’’; 

2 and 

3 (iv) in the matter following subdivi4 sion (B)(3), by striking the last sentence 

5 and inserting the following: ‘‘Any elas6 tomeric yarn (except latex) contained in an 

7 originating fabric or knit to shape compo8 nent referred to in subdivision (B)(3) must 

9 be formed in the territory of one or more 

10 of the parties to the Agreement.’’. 

11 (C) Subdivision (C) is amended— 

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

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

14 or more fabrics’’; 

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

16 read as follows: 

17 ‘‘(3) any combination of the fabrics re18 ferred to in subdivision (C)(1), the fabrics or 

19 knit to shape components referred to in subdivi20 sion (C)(2) or one or more fabrics or knit to 

21 shape components originating under this note.’’; 

22 and 

23 (iii) in the matter following subdivi24 sion (C)(3), by striking the second sen25 tence and inserting the following: ‘‘Any 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•S 3326 IS

1 elastomeric yarn (except latex) contained 

2 in an originating fabric or knit to shape 

3 component referred to in subdivision 

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

5 one or more of the parties to the Agree6 ment.’’. 

7 (2) CHANGE IN TARIFF CLASSIFICATION

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

9 HTS is amended as follows: 

10 (A) Chapter rule 4 to chapter 61 is amend11 ed— 

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

13 inserting ‘‘5401, or 5508 or yarn of head14 ing 5402 used as sewing thread,’’; and 

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

16 if such sewing thread’’. 

17 (B) The chapter rules to chapter 61 are 

18 amended by inserting after chapter rule 5 the 

19 following: 

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

21 4 or 5 to this chapter, an apparel good of chapter 61 shall 

22 be considered originating regardless of the origin of any 

23 visible lining fabric described in chapter rule 1 to this 

24 chapter, narrow elastic fabrics as described in chapter rule 

25 3 to this chapter, sewing thread or yarn of heading 5402 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•S 3326 IS

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

2 chapter or pocket bag fabric described in chapter rule 5 

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

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

5 meets all other applicable requirements for preferential 

6 tariff treatment under this note.’’. 

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

8 62 are each amended by striking ‘‘nightwear’’ 

9 each place it appears and inserting 

10 ‘‘sleepwear’’. 

11 (D) Chapter rule 4 to chapter 62 is 

12 amended— 

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

14 inserting ‘‘5401, or 5508 or yarn of head15 ing 5402 used as sewing thread,’’; and 

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

17 if such sewing thread’’. 

18 (E) The chapter rules to chapter 62 are 

19 amended by inserting after chapter rule 5 the 

20 following: 

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

22 4 or 5 to this chapter, an apparel good of chapter 62 shall 

23 be considered originating regardless of the origin of any 

24 visible lining fabric described in chapter rule 1 to this 

25 chapter, narrow elastic fabrics as described in chapter rule 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•S 3326 IS

1 3 to this chapter, sewing thread or yarn of heading 5402 

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

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

4 provided such material is listed in U.S. note 20 to sub5 chapter XXII of chapter 98 and the good meets all other 

6 applicable requirements for preferential tariff treatment 

7 under this note.’’. 

8 (F) Tariff classification rule 33 to chapter 

9 62 is amended to read as follows: 

10 ‘‘33. A change to pajamas and sleepwear of sub11 headings 6207.21 or 6207.22, tariff items 6207.91.30 or 

12 6207.92.40, subheadings 6208.21 or 6208.22 or tariff 

13 items 6208.91.30, 6208.92.00 or 6208.99.20 from any 

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

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

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

17 (G) Chapter rule 2 to chapter 63 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’’. 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•S 3326 IS

1 (H) The chapter rules to chapter 63 are 

2 amended by inserting after chapter rule 2 the 

3 following: 

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

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

6 originating regardless of the origin of sewing thread or 

7 yarn of heading 5402 used as sewing thread described in 

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

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

10 98 and the good meets all other applicable requirements 

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

12 (3) EFFECTIVE DATE.— 

13 (A) IN GENERAL.—The amendments made 

14 by this subsection apply to goods of a CAFTA– 

15 DR country that are entered, or withdrawn 

16 from warehouse for consumption, on or after 

17 the date that the Trade Representative deter18 mines is the first date on which the equivalent 

19 amendments to the rules of origin of the Agree20 ment have entered into force in all CAFTA–DR 

21 countries. 

22 (B) PUBLICATION OF DETERMINATION.— 

23 The Trade Representative shall promptly pub24 lish notice of the determination under subpara25 graph (A) in the Federal Register. 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•S 3326 IS

1 SEC. 3. EXTENSION OF AND RENEWAL OF IMPORT RESTRIC2 TIONS UNDER BURMESE FREEDOM AND DE3 MOCRACY ACT OF 2003. 

4 (a) EXTENSION OF BURMESE FREEDOM AND DE5 MOCRACY ACT OF 2003.—Section 9(b)(3) of the Burmese 

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

7 61; 50 U.S.C. 1701 note) is amended by striking ‘‘nine 

8 years’’ and inserting ‘‘twelve years’’. 

9 (b) RENEWAL OF IMPORT RESTRICTIONS.— 

10 (1) IN GENERAL.—Congress approves the re11 newal of the import restrictions contained in section 

12 3(a)(1) and section 3A (b)(1) and (c)(1) of the Bur13 mese Freedom and Democracy Act of 2003. 

14 (2) RULE OF CONSTRUCTION.—This section 

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

16 purposes of section 9 of the Burmese Freedom and 

17 Democracy Act of 2003. 

18 (c) EFFECTIVE DATE.—This section and the amend19 ment made by this section shall take effect on the date 

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

21 occurs first. 

22 SEC. 4. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

23 TAXES. 

24 Notwithstanding section 6655 of the Internal Rev25 enue Code of 1986— 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•S 3326 IS

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

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

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

4 any required installment of corporate estimated tax 

5 which is otherwise due in July, August, or Sep6 tember of 2017 shall be 100.25 percent of such 

7 amount; and 

8 (2) the amount of the next required installment 

9 after an installment referred to in paragraph (1) 

10 shall be appropriately reduced to reflect the amount 

11 of the increase by reason of such paragraph. 

12 SEC. 5. EXTENSION OF CUSTOMS USER FEES. 

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

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

15 is amended— 

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

17 2021’’ and inserting ‘‘October 22, 2021’’; 

18 (2) in subparagraph (B)(i), by striking ‘‘De19 cember 8, 2020’’ and inserting ‘‘October 29, 2021’’; 

20 and 

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

Æ 


smartinez on DSK6TPTVN1PROD with BILLS