II 

112TH CONGRESS 

1ST SESSION S. 380 

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

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2011 

Mr. MCCAIN introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend the Andean Trade Preference Act, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Andean Trade Pref5 erence Extension Act of 2011’’. 

6 SEC. 2. EXTENSION OF ANDEAN TRADE PREFERENCE ACT. 

7 (a) EXTENSION.—Section 208(a) of the Andean 

8 Trade Preference Act (19 U.S.C. 3206(a)) is amended— 

9 (1) in paragraph (1)(A), by striking ‘‘February 

10 12, 2011’’ and inserting ‘‘November 30, 2012’’; and 


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1 (2) in paragraph (2), by striking ‘‘February 12, 

2 2011’’ and inserting ‘‘November 30, 2012’’. 

3 (b) TREATMENT OF CERTAIN APPAREL ARTICLES.— 

4 Section 204(b)(3) of the Andean Trade Preference Act 

5 (19 U.S.C. 3203(b)(3)) is amended— 

6 (1) in subparagraph (B)— 

7 (A) in clause (iii)— 

8 (i) in subclause (II), by striking ‘‘8 

9 succeeding 1-year periods’’ and inserting 

10 ‘‘10 succeeding 1-year periods’’; and 

11 (ii) in subclause (III)(bb), by striking 

12 ‘‘and for the succeeding 3-year period’’ and 

13 inserting ‘‘and for the succeeding 5-year 

14 period’’; and 

15 (B) in clause (v)(II), by striking ‘‘7 suc16 ceeding 1-year periods’’ and inserting ‘‘9 suc17 ceeding 1-year periods’’; and 

18 (2) in subparagraph (E)(ii)(II), by striking 

19 ‘‘February 12, 2011’’ and inserting ‘‘November 30, 

20 2012’’. 

21 (c) EFFECTIVE DATE.— 

22 (1) IN GENERAL.—The amendments made by 

23 this section shall apply to articles entered on or after 

24 the 15th day after the date of the enactment of this 

25 Act. 


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1 (2) RETROACTIVE APPLICATION FOR CERTAIN

2 LIQUIDATIONS AND RELIQUIDATIONS.— 

3 (A) IN GENERAL.—Notwithstanding sec4 tion 514 of the Tariff Act of 1930 (19 U.S.C. 

5 1514) or any other provision of law and subject 

6 to subparagraph (B), any entry of an article to 

7 which duty-free treatment or other preferential 

8 treatment under the Andean Trade Preference 

9 Act would have applied if the entry had been 

10 made on February 12, 2011, that was made— 

11 (i) after February 12, 2011; and 

12 (ii) before the 15th day after the date 

13 of the enactment of this Act, 

14 shall be liquidated or reliquidated as though 

15 such entry occurred on the date that is 15 days 

16 after the date of the enactment of this Act. 

17 (B) REQUESTS.—A liquidation or reliqui18 dation may be made under subparagraph (A) 

19 with respect to an entry only if a request there20 for is filed with U.S. Customs and Border Pro21 tection not later than 180 days after the date 

22 of the enactment of this Act that contains suffi23 cient information to enable U.S. Customs and 

24 Border Protection— 

25 (i) to locate the entry; or 


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1 (ii) to reconstruct the entry if it can2 not be located. 

3 (C) PAYMENT OF AMOUNTS OWED.—Any 

4 amounts owed by the United States pursuant to 

5 the liquidation or reliquidation of an entry of 

6 an article under subparagraph (A) shall be 

7 paid, without interest, not later than 90 days 

8 after the date of the liquidation or reliquidation 

9 (as the case may be). 

10 (3) DEFINITION.—As used in this subsection, 

11 the term ‘‘entry’’ includes a withdrawal from ware12 house for consumption. 

Æ 


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