I 

111TH CONGRESS 

2D SESSION H. R. 6367 

To restore American jobs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mr. MORAN of Kansas introduced the following bill; which was referred to the 

Committee on Ways and Means, and in addition to the Committees on 

Energy and Commerce, Education and Labor, the Judiciary, House Administration, Rules, Natural Resources, Appropriations, Financial Services, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To restore American jobs, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Restore American Jobs Act of 2010’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

TITLE I—SMALL BUSINESS JOBS AND TAX RELIEF 

Sec. 101. Extend temporary bonus depreciation for certain property. 

Sec. 102. Increase in amount allowed as deduction for start-up expenditures. 


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Sec. 103. Removal of cellular telephones (or similar telecommunications equipment) from listed property. 

Sec. 104. Nonrecourse Small Business Investment Company loans from the 

Small Business Administration treated as amounts at risk. 

Sec. 105. Temporary exclusion of 100 percent of gain on certain small business 

stock. 

TITLE II—SMALL BUSINESS PAPERWORK MANDATE 

ELIMINATION 

Sec. 201. Repeal of expansion of information reporting requirements. 

TITLE III—SMALL BUSINESS LENDING 

Sec. 301. Research credit. 

TITLE IV—NATIONAL RIGHT-TO-WORK 

Sec. 401. Amendments to the national labor relations Act. 

Sec. 402. Amendment to the Railway Labor Act. 

TITLE V—ECONOMIC FREEDOM 

Sec. 501. Zero percent capital gains rate for individuals and corporations. 

Sec. 502. Reduction in corporate income tax rates. 

Sec. 503. Estate tax repeal made permanent. 

Sec. 504. Election to expense business assets. 

Sec. 505. Payroll Tax Decrease for 2010. 

Sec. 506. Rescission and repeal in ARRA. 

Sec. 507. Termination of TARP authority. 

Sec. 508. Requiring the sale of stock and warrants received under TARP. 

TITLE VI—UNITED STATES-COLOMBIA TRADE PROMOTION 

AGREEMENT 

Subtitle A—General Provisions 

Sec. 601. Short title. 

Sec. 602. Purposes. 

Sec. 603. Definitions. 

Subtitle B—Approval of, and General Provisions Relating to, the Agreement 

Sec. 611. Approval and entry into force of the agreement. 

Sec. 612. Relationship of the Agreement to United States and State law. 

Sec. 613. Implementing actions in anticipation of entry into force and initial 

regulations. 

Sec. 614. Consultation and layover provisions for, and effective date of, proclaimed actions. 

Sec. 615. Administration of Dispute Settlement proceedings. 

Sec. 616. Arbitration of claims. 

Sec. 617. Effective dates; effect of termination. 

Subtitle C—Customs Provisions 

Sec. 621. Tariff modifications. 

Sec. 622. Additional duties on certain agricultural goods. 

Sec. 623. Rules of origin. 

Sec. 624. Customs user fees. 


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Sec. 625. Disclosure of incorrect information; false certifications of origin; denial of preferential tariff treatment. 

Sec. 626. Reliquidation of entries. 

Sec. 627. Recordkeeping requirements. 

Sec. 628. Enforcement relating to trade in textile or apparel goods. 

Sec. 629. Regulations. 

Subtitle D—Relief From Imports 

Sec. 631. Definitions. 

CHAPTER 1—RELIEF FROM IMPORTS BENEFITING FROM THE AGREEMENT

Sec. 641. Commencing of action for relief. 

Sec. 642. Commission action on petition. 

Sec. 643. Provision of relief. 

Sec. 644. Termination of relief authority. 

Sec. 645. Compensation authority. 

Sec. 646. Confidential business information. 

CHAPTER 2—TEXTILE AND APPAREL SAFEGUARD MEASURES

Sec. 651. Commencement of action for relief. 

Sec. 652. Determination and provision of relief. 

Sec. 653. Period of relief. 

Sec. 654. Articles exempt from relief. 

Sec. 655. Rate after termination of import relief. 

Sec. 656. Termination of relief authority. 

Sec. 657. Compensation authority. 

Sec. 658. Confidential business information. 

CHAPTER 3—CASES UNDER TITLE II OF THE TRADE ACT OF 1974 

Sec. 661. Findings and action on goods of Colombia. 

Subtitle E—Procurement 

Sec. 671. Eligible products. 

Subtitle F—Offsets 

Sec. 681. Customs user fees. 

Sec. 682. Time for payment of corporate estimated taxes. 

TITLE VII—UNITED STATES-PANAMA FREE TRADE AGREEMENT 

AND UNITED STATES-KOREA FREE TRADE AGREEMENT 

Sec. 701. Sense of Congress. 

TITLE VIII—REPEAL OF PATIENT PROTECTION AND 

AFFORDABLE CARE ACT 

Sec. 801. Repeal. 


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1 TITLE I—SMALL BUSINESS JOBS 

2 AND TAX RELIEF 

3 SEC. 101. EXTEND TEMPORARY BONUS DEPRECIATION FOR 

4 CERTAIN PROPERTY. 

5 (a) EXTENSION OF SPECIAL ALLOWANCE.— 

6 (1) IN GENERAL.—Paragraph (2) of section 

7 168(k) of the Internal Revenue Code of 1986 is 

8 amended— 

9 (A) by striking ‘‘January 1, 2011’’ and in10 serting ‘‘January 1, 2012’’, and 

11 (B) by striking ‘‘January 1, 2010’’ each 

12 place it appears and inserting ‘‘January 1, 

13 2011’’. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) The heading for subsection (k) of sec16 tion 168 of such Code is amended by striking 

17 ‘‘JANUARY 1, 2010’’ and inserting ‘‘JANUARY

18 1, 2011’’. 

19 (B) The heading for clause (ii) of section 

20 168(k)(2)(B) of such Code is amended by strik21 ing ‘‘PRE-JANUARY 1, 2010’’ and inserting ‘‘PRE22 JANUARY 1, 2011’’. 

23 (C) Subparagraph (B) of section 168(l)(5) 

24 of such Code is amended by striking ‘‘January 

25 1, 2010’’ and inserting ‘‘January 1, 2011’’. 


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1 (D) Subparagraph (C) of section 168(n)(2) 

2 of such Code is amended by striking ‘‘January 

3 1, 2010’’ and inserting ‘‘January 1, 2011’’. 

4 (E) Subparagraph (B) of section 

5 1400N(d)(3) of such Code is amended by strik6 ing ‘‘January 1, 2010’’ and inserting ‘‘January 

7 1, 2011’’. 

8 (b) EXTENSION OF ELECTION TO ACCELERATE THE

9 AMT AND RESEARCH CREDITS IN LIEU OF BONUS DE10 PRECIATION.—Section 168(k)(4) of such Code (relating to 

11 election to accelerate the AMT and research credits in lieu 

12 of bonus depreciation) is amended— 

13 (1) by striking ‘‘2009’’ and inserting ‘‘2010’’ in 

14 subparagraph (D)(iii) (as redesignated by subsection 

15 (a)(3)), and 

16 (2) by adding at the end the following new sub17 paragraph: 

18 ‘‘(I) SPECIAL RULES FOR EXTENSION

19 PROPERTY.— 

20 ‘‘(i) TAXPAYERS PREVIOUSLY ELECT21 ING ACCELERATION.—In the case of a tax22 payer who made the election under sub23 paragraph (A) for its first taxable year 

24 ending after March 31, 2008— 


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1 ‘‘(I) the taxpayer may elect not 

2 to have this paragraph apply to exten3 sion property, but 

4 ‘‘(II) if the taxpayer does not 

5 make the election under subclause (I), 

6 in applying this paragraph to the tax7 payer a separate bonus depreciation 

8 amount, maximum amount, and max9 imum increase amount shall be com10 puted and applied to eligible qualified 

11 property which is extension property 

12 and to eligible qualified property 

13 which is not extension property. 

14 ‘‘(ii) TAXPAYERS NOT PREVIOUSLY

15 ELECTING ACCELERATION.—In the case of 

16 a taxpayer who did not make the election 

17 under subparagraph (A) for its first tax18 able year ending after March 31, 2008— 

19 ‘‘(I) the taxpayer may elect to 

20 have this paragraph apply to its first 

21 taxable year ending after December 

22 31, 2009, and each subsequent tax23 able year, and 

24 ‘‘(II) if the taxpayer makes the 

25 election under subclause (I), this 


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1 paragraph shall only apply to eligible 

2 qualified property which is extension 

3 property. 

4 ‘‘(iii) EXTENSION PROPERTY.—For 

5 purposes of this subparagraph, the term 

6 ‘extension property’ means property which 

7 is eligible qualified property solely by rea8 son of the extension of the application of 

9 the special allowance under paragraph (1) 

10 pursuant to the amendments made by sec11 tion 101(a) of the Restore American Jobs 

12 Act of 2010 (and the application of such 

13 extension to this paragraph pursuant to 

14 the amendment made by section 3(b)(1) of 

15 such Act).’’. 

16 (c) EFFECTIVE DATES.—The amendments made by 

17 this section shall apply to property placed in service after 

18 December 31, 2009, in taxable years ending after such 

19 date. 

20 SEC. 102. INCREASE IN AMOUNT ALLOWED AS DEDUCTION 

21 FOR START-UP EXPENDITURES. 

22 (a) IN GENERAL.—Subsection (b) of section 195 of 

23 the Internal Revenue Code of 1986 is amended by adding 

24 at the end the following: 


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1 ‘‘(3) SPECIAL RULE FOR TAXABLE YEARS BE2 GINNING IN 2009, 2010, OR 2011.—In the case of a 

3 taxable year beginning in 2010, 2011, or 2012, 

4 paragraph (1)(A)(ii) shall be applied— 

5 ‘‘(A) by substituting ‘$20,000’ for 

6 ‘$5,000’, and 

7 ‘‘(B) by substituting ‘$75,000’ for 

8 ‘$50,000’.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to amounts paid or incurred in tax11 able years beginning after the date of the enactment of 

12 this Act. 

13 SEC. 103. REMOVAL OF CELLULAR TELEPHONES (OR SIMI14 LAR TELECOMMUNICATIONS EQUIPMENT) 

15 FROM LISTED PROPERTY. 

16 (a) IN GENERAL.—Subparagraph (A) of section 

17 280F(d)(4) of the Internal Revenue Code (defining listed 

18 property) is amended by inserting ‘‘and’’ at the end of 

19 clause (iv), by striking clause (v), and by redesignating 

20 clause (vi) as clause (v). 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall apply to taxable years beginning after 

23 January 1, 2009. 


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1 SEC. 104. NONRECOURSE SMALL BUSINESS INVESTMENT 

2 COMPANY LOANS FROM THE SMALL BUSI3 NESS ADMINISTRATION TREATED AS 

4 AMOUNTS AT RISK. 

5 (a) IN GENERAL.—Subparagraph (B) of section 

6 465(b)(6) of the Internal Revenue Code of 1986 is amend7 ed to read as follows: 

8 ‘‘(B) QUALIFIED NONRECOURSE FINANC9 ING.—For purposes of this paragraph— 

10 ‘‘(i) IN GENERAL.—The term ‘quali11 fied nonrecourse financing’ means any fi12 nancing— 

13 ‘‘(I) which is qualified real prop14 erty financing or qualified SBIC fi15 nancing, 

16 ‘‘(II) except to the extent pro17 vided in regulations, with respect to 

18 which no person is personally liable 

19 for repayment, and 

20 ‘‘(III) which is not convertible 

21 debt. 

22 ‘‘(ii) QUALIFIED REAL PROPERTY FI23 NANCING.—The term ‘qualified real prop24 erty financing’ means any financing 

25 which— 


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1 ‘‘(I) is borrowed by the taxpayer 

2 with respect to the activity of holding 

3 real property, 

4 ‘‘(II) is secured by real property 

5 used in such activity, and 

6 ‘‘(III) is borrowed by the tax7 payer from a qualified person or rep8 resents a loan from any Federal, 

9 State, or local government or instru10 mentality thereof, or is guaranteed by 

11 any Federal, State, or local govern12 ment. 

13 ‘‘(iii) QUALIFIED SBIC FINANCING.— 

14 The term ‘qualified SBIC financing’ means 

15 any financing which— 

16 ‘‘(I) is borrowed by a small busi17 ness investment company (within the 

18 meaning of section 301 of the Small 

19 Business Investment Act of 1958), 

20 ‘‘(II) is secured by property used 

21 or held, directly or indirectly, by such 

22 small business investment company, 

23 and 

24 ‘‘(III) is borrowed from, or guar25 anteed by, the Small Business AdminVerDate Mar 15 2010 03:40 Oct 14, 2010 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H6367.IH H6367

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1 istration under the authority of sec2 tion 303(b) of such Act.’’. 

3 (b) CONFORMING AMENDMENTS.—Subparagraph (A) 

4 of section 465(b)(6) of such Code is amended— 

5 (1) by striking ‘‘in the case of an activity of 

6 holding real property,’’, and 

7 (2) by striking ‘‘which is secured by real prop8 erty used in such activity’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to taxable years beginning after 

11 the date of the enactment of this Act. 

12 SEC. 105. TEMPORARY EXCLUSION OF 100 PERCENT OF 

13 GAIN ON CERTAIN SMALL BUSINESS STOCK. 

14 (a) IN GENERAL.—Subsection (a) of section 1202 of 

15 the Internal Revenue Code of 1986 (relating partial exclu16 sion for gain from certain small business stock) is amend17 ed by adding at the end the following new paragraph: 

18 ‘‘(4) 100 PERCENT EXCLUSION FOR STOCK AC19 QUIRED DURING 2010 AND 2011.—In the case of 

20 qualified small business stock acquired during 2010 

21 or 2011— 

22 ‘‘(A) paragraph (1) shall be applied by 

23 substituting ‘100 percent’ for ‘50 percent’, 

24 ‘‘(B) paragraph (2) shall not apply, and 


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1 ‘‘(C) paragraph (7) of section 57(a) shall 

2 not apply.’’. 

3 (b) CONFORMING AMENDMENT.—Paragraph (3) of 

4 section 1202(a) of such Code is amended— 

5 (1) by striking ‘‘AND 2010’’ in the heading, and 

6 (2) by striking ‘‘January 1, 2011’’ and insert7 ing ‘‘January 1, 2010’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to stock acquired after December 

10 31, 2009. 

11 TITLE II—SMALL BUSINESS PA12 PERWORK MANDATE ELIMI13 NATION 

14 SEC. 201. REPEAL OF EXPANSION OF INFORMATION RE15 PORTING REQUIREMENTS. 

16 Section 9006 of the Patient Protection and Afford17 able Care Act, and the amendments made thereby, are 

18 hereby repealed; and the Internal Revenue Code of 1986 

19 shall be applied as if such section, and amendments, had 

20 never been enacted. 

21 TITLE III—SMALL BUSINESS 

22 LENDING 

23 SEC. 301. RESEARCH CREDIT. 

24 (a) IN GENERAL.—Subparagraph (B) of section 

25 41(h)(1) of the Internal Revenue Code of 1986 is amended 


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1 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem2 ber 31, 2011’’. 

3 (b) CONFORMING AMENDMENT.—Subparagraph (D) 

4 of section 45C(b)(1) of such Code is amended by striking 

5 ‘‘December 31, 2009’’ and inserting ‘‘December 31, 

6 2011’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to amounts paid or incurred after 

9 December 31, 2009. 

10 TITLE IV—NATIONAL RIGHT-TO11 WORK 

12 SEC. 401. AMENDMENTS TO THE NATIONAL LABOR RELA13 TIONS ACT. 

14 (a) Section 7 of the National Labor Relations Act 

15 (the ‘‘Act’’) (29 U.S.C. 157) is amended by striking ‘‘ex16 cept to’’ and all that follows through ‘‘authorized in sec17 tion 8(a)(3)’’. 

18 (b) Section 8(a) of the Act (29 U.S.C. 158(a)) is 

19 amended by striking ‘‘: Provided, That’’ and all that fol20 lows through ‘‘retaining membership’’ in paragraph (3). 

21 (c) Section 8(b) of the Act (29 U.S.C. 158(b)) is 

22 amended by striking ‘‘or to discriminate’’ and all that fol23 lows through ‘‘retaining membership’’ in paragraph (2) 

24 and by striking ‘‘covered by an agreement authorized 

25 under subsection (a)(3) of this section’’ in paragraph (5). 


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1 (d) Section 8(f) of the Act (29 U.S.C. 158(f)) is 

2 amended by striking clause (2) and by redesignating 

3 clauses (3) and (4) as (2) and (3), respectively. 

4 SEC. 402. AMENDMENT TO THE RAILWAY LABOR ACT. 

5 Section 2 of the Railway Labor Act (45 U.S.C. 152) 

6 is amended by striking paragraph Eleventh. 

7 TITLE V—ECONOMIC FREEDOM 

8 SEC. 501. ZERO PERCENT CAPITAL GAINS RATE FOR INDI9 VIDUALS AND CORPORATIONS. 

10 (a) ZERO PERCENT CAPITAL GAINS RATE FOR INDI11 VIDUALS.— 

12 (1) IN GENERAL.—Paragraph (1) of section 

13 1(h) of the Internal Revenue Code of 1986 is 

14 amended by striking subparagraph (C), by redesig15 nating subparagraphs (D) and (E) and subpara16 graphs (C) and (D), respectively, and by amending 

17 subparagraph (B) to read as follows: 

18 ‘‘(B) 0 percent of the adjusted net capital 

19 gain (or, if less, taxable income);’’. 

20 (2) ALTERNATIVE MINIMUM TAX.—Paragraph 

21 (3) of section 55(b) is amended by striking subpara22 graph (C), by redesignating subparagraph (D) as 

23 subparagraph (C), and by amending subparagraph 

24 (B) to read as follows: 


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1 ‘‘(B) 0 percent of the adjusted net capital 

2 gain (or, if less, taxable excess), plus’’. 

3 (3) REPEAL OF SUNSET OF REDUCTION IN CAP4 ITAL GAINS RATES FOR INDIVIDUALS.—Section 303 

5 of the Jobs and Growth Tax Relief Reconciliation 

6 Act of 2003 shall not apply to section 301 of such 

7 Act. 

8 (b) ZERO PERCENT CAPITAL GAINS RATE FOR COR9 PORATIONS.— 

10 (1) IN GENERAL.—Section 1201 of the Internal 

11 Revenue Code of 1986 is amended by redesignating 

12 subsection (b) as subsection (c), and by striking sub13 section (a) and inserting the following new sub14 sections: 

15 ‘‘(a) GENERAL RULE.—If for any taxable year a cor16 poration has a net capital gain, then, in lieu of the tax 

17 imposed by sections 11, 511, 821(a) or (c), and 831(a), 

18 there is hereby imposed a tax (if such tax is less than 

19 the tax imposed by such sections) which shall consist of 

20 the sum of— 

21 ‘‘(1) a tax computed on the taxable income re22 duced by the amount of the net capital gain, at the 

23 rates and in the manner as if this subsection had 

24 not been enacted, 


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1 ‘‘(2) 0 percent of the adjusted net capital gain 

2 (or, if less, taxable income), 

3 ‘‘(3) 25 percent of the excess (if any) of— 

4 ‘‘(A) the unrecaptured section 1250 gain 

5 (or, if less, the net capital gain (determined 

6 without regard to subsection (b)(2))), over 

7 ‘‘(B) the excess (if any) of— 

8 ‘‘(i) the sum of the amount on which 

9 tax is determined under paragraph (1) 

10 plus the net capital gain, over 

11 ‘‘(ii) taxable income, plus 

12 ‘‘(4) 28 percent of the amount of taxable in13 come in excess of the sum of the amounts on which 

14 tax is determined under the preceding paragraphs of 

15 this subsection. 

16 ‘‘(b) DEFINITIONS AND SPECIAL RULES.—For pur17 poses of this section— 

18 ‘‘(1) IN GENERAL.—The terms ‘adjusted net 

19 capital gain’ and ‘unrecaptured section 1250 gain’ 

20 shall have the respective meanings given such terms 

21 in section 1(h). 

22 ‘‘(2) DIVIDENDS TAXED AT NET CAPITAL

23 GAIN.—Except as otherwise provided in this section, 

24 the term ‘net capital gain’ has the meaning given 

25 such term in section 1(h)(11).’’. 


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1 (2) ALTERNATIVE MINIMUM TAX.—Section 

2 55(b) of such Code is amended by adding at the end 

3 the following new paragraph: 

4 ‘‘(4) MAXIMUM RATE OF TAX ON NET CAPITAL

5 GAIN OF CORPORATIONS.—The amount determined 

6 under paragraph (1)(B)(i) shall not exceed the sum 

7 of— 

8 ‘‘(A) the amount determined under such 

9 paragraph computed at the rates and in the 

10 same manner as if this paragraph had not been 

11 enacted on the taxable excess reduced by the 

12 net capital gain, plus 

13 ‘‘(B) the amount determined under section 

14 1201.’’. 

15 (3) TECHNICAL AMENDMENTS.— 

16 (A) Section 1202(a) of such Code is 

17 amended by striking ‘‘50 percent’’ and inserting 

18 ‘‘100 percent’’. 

19 (B) Section 1445(e)(1) of such Code is 

20 amended by striking ‘‘35 percent (or, to the ex21 tent provided in regulations, 15 percent)’’ and 

22 inserting ‘‘0 percent’’. 

23 (C) Section 1445(e)(2) of such Code is 

24 amended by striking ‘‘35 percent’’ and inserting 

25 ‘‘0 percent’’. 


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1 (D) Section 7518(g)(6)(A) of such Code is 

2 amended by striking ‘‘15 percent (34 percent in 

3 the case of a corporation)’’ and inserting ‘‘0 

4 percent’’. 

5 (E) Section 607(h)(6)(A) of the Merchant 

6 Marine Act, 1936 is amended by striking ‘‘15 

7 percent (34 percent in the case of a corpora8 tion)’’ and inserting ‘‘0 percent’’. 

9 (c) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the amendments made by this section 

12 shall apply to taxable years beginning after Decem13 ber 31, 2009. 

14 (2) WITHHOLDING.—The amendments made by 

15 subparagraphs (A) and (B) of subsection (b)(3) 

16 shall apply to dispositions and distributions after the 

17 date of the enactment of this Act. 

18 SEC. 502. REDUCTION IN CORPORATE INCOME TAX RATES. 

19 (a) IN GENERAL.—Subsection (b) of section 11 of the 

20 Internal Revenue Code of 1986 is amended to read as fol21 lows: 

22 ‘‘(b) AMOUNT OF TAX.—The amount of the tax im23 posed by subsection (a) shall be 12.5 percent of taxable 

24 income.’’. 

25 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 55(b)(1)(B)(i) of such Code is 

2 amended by striking ‘‘20 percent’’ and inserting 

3 ‘‘12.5 percent’’. 

4 (2) Section 280C(c)(3)(B)(ii)(II) of such Code 

5 is amended by striking ‘‘maximum rate of tax under 

6 section 11(b)(1)’’ and inserting ‘‘rate of tax under 

7 section 11(b)’’. 

8 (3) Section 832(b)(1) of such Code is amended 

9 by striking ‘‘rates provided in section 11(b)’’ and in10 serting ‘‘rate provided in section 11(b)’’. 

11 (4) Sections 244(a)(2)(B), 247(a)(2)(B), 

12 527(b)(1), 835(e), 852(b)(1), 857(b)(4)(A), 

13 860G(c)(1), 904(b)(3)(E)(ii)(II), and 1375(a) of 

14 such Code is amended by striking ‘‘highest rate of 

15 tax’’ and inserting ‘‘rate of tax’’. 

16 (5) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii), 

17 860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 

18 1446(b)(2)(B), and 7874(e)(1)(B) of such Code are 

19 each amended by striking ‘‘highest rate of tax speci20 fied in section 11(b)(1)’’ and inserting ‘‘rate of tax 

21 specified in section 11(b)’’. 

22 (6) Section 904(b)(3)(D)(ii) of such Code is 

23 amended by striking ‘‘(determined without regard to 

24 the last sentence of section 11(b)(1))’’. 


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1 (7) Section 962 of such Code is amended by 

2 striking subsection (c) and by redesignating sub3 section (d) as subsection (c). 

4 (8) Section 1201(a) of such Code is amended— 

5 (A) by striking ‘‘35 percent (determined 

6 without regard to the last 2 sentences of section 

7 11(b)(1))’’ and inserting ‘‘15 percent’’, and 

8 (B) by striking ‘‘35 percent’’ in paragraph 

9 (2) and inserting ‘‘15 percent’’. 

10 (9) Section 1561(a) of such Code is amended— 

11 (A) by striking paragraph (1) and by re12 designating paragraphs (2), (3), and (4) as 

13 paragraphs (1), (2), and (3), respectively, 

14 (B) by striking ‘‘The amounts specified in 

15 paragraph (1), the’’ and inserting ‘‘The’’, 

16 (C) by striking ‘‘paragraph (2)’’ and in17 serting ‘‘paragraph (1)’’, 

18 (D) by striking ‘‘paragraph (3)’’ both 

19 places it appears and inserting ‘‘paragraph 

20 (2)’’, 

21 (E) by striking ‘‘paragraph (4)’’ and in22 serting ‘‘paragraph (3)’’, and 

23 (F) by striking the fourth sentence. 

24 (10) Subsection (b) of section 1561 of such 

25 Code is amended to read as follows: 


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1 ‘‘(b) CERTAIN SHORT TAXABLE YEARS.—If a cor2 poration has a short taxable year which does not include 

3 a December 31 and is a component member of a controlled 

4 group of corporations with respect to such taxable year, 

5 then for purposes of this subtitle, the amount to be used 

6 in computing the accumulated earnings credit under sec7 tion 535(c)(2) and (3) of such corporation for such taxable 

8 year shall be the amount specified in subsection (a)(1) di9 vided by the number of corporations which are component 

10 members of such group on the last day of such taxable 

11 year. For purposes of the preceding sentence, section 

12 1563(b) shall be applied as if such last day were sub13 stituted for December 31.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to taxable years beginning after 

16 December 31, 2009. 

17 SEC. 503. ESTATE TAX REPEAL MADE PERMANENT. 

18 Section 901 of the Economic Growth and Tax Relief 

19 Reconciliation Act of 2001 shall not apply to title V of 

20 such Act. 

21 SEC. 504. ELECTION TO EXPENSE BUSINESS ASSETS. 

22 (a) IN GENERAL.—Section 179 of the Internal Rev23 enue Code of 1986 is amended to read as follows: 


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1 ‘‘SEC. 179. ELECTION TO EXPENSE CERTAIN DEPRECIABLE 

2 BUSINESS ASSETS. 

3 ‘‘(a) TREATMENT AS EXPENSES.—A taxpayer may 

4 elect to treat the cost of any property to which this section 

5 applies as an expense which is not chargeable to capital 

6 account. Any cost so treated shall be allowed as a deduc7 tion for the taxable year in which such property is placed 

8 in service. 

9 ‘‘(b) PROPERTY TO WHICH SECTION APPLIES.— 

10 ‘‘(1) IN GENERAL.—This section shall apply to 

11 property— 

12 ‘‘(A) which is— 

13 ‘‘(i) tangible property (to which sec14 tion 168 applies), or 

15 ‘‘(ii) computer software (as defined in 

16 section 197(e)(3)(B)) which is described in 

17 section 197(e)(3)(A)(i), to which section 

18 167 applies, 

19 ‘‘(B) which is section 1245 property (as 

20 defined in section 1245(a)(3)) or 1250 property 

21 (as defined in section 1250(c)), and 

22 ‘‘(C) which is acquired by purchase for use 

23 in the active conduct of a trade or business. 

24 Such term shall not include any property described 

25 in section 50(b) and shall not include air condi26 tioning or heating units. 


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1 ‘‘(2) PURCHASE DEFINED.—For purposes of 

2 paragraph (1), the term ‘purchase’ means any acqui3 sition of property, but only if— 

4 ‘‘(A) the property is not acquired from a 

5 person whose relationship to the person acquir6 ing it would result in the disallowance of losses 

7 under section 267 or 707(b) (but, in applying 

8 section 267(b) and (c) for purposes of this sec9 tion, paragraph (4) of section 267(c) shall be 

10 treated as providing that the family of an indi11 vidual shall include only his spouse, ancestors, 

12 and lineal descendants), 

13 ‘‘(B) the property is not acquired by one 

14 component member of a controlled group from 

15 another component member of the same con16 trolled group, and 

17 ‘‘(C) the basis of the property in the hands 

18 of the person acquiring it is not determined— 

19 ‘‘(i) in whole or in part by reference 

20 to the adjusted basis of such property in 

21 the hands of the person from whom ac22 quired, or 

23 ‘‘(ii) under section 1014(a) (relating 

24 to property acquired from a decedent). 


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1 ‘‘(3) COST.—For purposes of this section, the 

2 cost of property does not include so much of the 

3 basis of such property as is determined by reference 

4 to the basis of other property held at any time by 

5 the person acquiring such property. 

6 ‘‘(4) CONTROLLED GROUP DEFINED.—For pur7 poses of this section, the term ‘controlled group’ has 

8 the meaning assigned to it by section 1563(a), ex9 cept that, for such purposes, the phrase ‘more than 

10 50 percent’ shall be substituted for the phrase ‘at 

11 least 80 percent’ each place it appears in section 

12 1563(a)(1). 

13 ‘‘(5) COORDINATION WITH SECTION 38.—No 

14 credit shall be allowed under section 38 with respect 

15 to any amount for which a deduction is allowed 

16 under subsection (a). 

17 ‘‘(6) RECAPTURE IN CERTAIN CASES.—The 

18 Secretary shall, by regulations, provide for recap19 turing the benefit under any deduction allowable 

20 under subsection (a) with respect to any property 

21 which is not used predominantly in a trade or busi22 ness at any time. 

23 ‘‘(c) ELECTION.— 

24 ‘‘(1) IN GENERAL.—An election under this sec25 tion for any taxable year shall— 


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1 ‘‘(A) specify the items of property to which 

2 the election applies, and 

3 ‘‘(B) be made on the taxpayer’s return of 

4 the tax imposed by this chapter for the taxable 

5 year. 

6 Such election shall be made in such manner as the 

7 Secretary may by regulations prescribe. 

8 ‘‘(2) ELECTION IRREVOCABLE.—Any election 

9 made under this section, and any specification con10 tained in any such election, may not be revoked ex11 cept with the consent of the Secretary.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall apply to property placed in service after 

14 the date of the enactment of this Act. 

15 SEC. 505. PAYROLL TAX DECREASE FOR 2010. 

16 (a) EMPLOYEES.—Section 3101 of the Internal Rev17 enue Code of 1986 is amended by adding at the end the 

18 following new subsection: 

19 ‘‘(d) REDUCTION IN TAX RATE FOR 2010.—In the 

20 case of wages received during calendar year 2010— 

21 ‘‘(1) subsection (a) shall be applied by sub22 stituting ‘3.1 percent’ for ‘6.2 percent’ in the table 

23 contained therein, and 


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1 ‘‘(2) subsection (b) shall be applied by sub2 stituting ‘0.725 percent’ for ‘1.45 percent’ in para3 graph (6) thereof.’’. 

4 (b) EMPLOYERS.—Section 3111 of such Code is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(d) REDUCTION IN TAX RATE FOR 2010.—In the 

8 case of wages paid during calendar year 2010— 

9 ‘‘(1) subsection (a) shall be applied by sub10 stituting ‘3.1 percent’ for ‘6.2 percent’ in the table 

11 contained therein, and 

12 ‘‘(2) subsection (b) shall be applied by sub13 stituting ‘0.725 percent’ for ‘1.45 percent’ in para14 graph (6) thereof.’’. 

15 (c) SELF-EMPLOYMENT.—Section 1401 of such Code 

16 is amended by adding at the end the following new sub17 section: 

18 ‘‘(d) REDUCTION IN TAX RATE FOR 2010.—In the 

19 case of a taxable year beginning in 2010— 

20 ‘‘(1) subsection (a) shall be applied by sub21 stituting ‘6.2 percent’ for ‘12.4 percent’ in the table 

22 contained therein, and 

23 ‘‘(2) subsection (b) shall be applied by sub24 stituting ‘1.45 percent’ for ‘2.90 percent’ in para25 graph (6) thereof.’’. 


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1 (d) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—Except as provided by para3 graph (2), the amendments made by this section 

4 shall apply with respect to remuneration paid after 

5 December 31, 2009. 

6 (2) SELF-EMPLOYMENT.—The amendment 

7 made by subsection (c) shall apply to taxable years 

8 beginning after December 31, 2009. 

9 SEC. 506. RESCISSION AND REPEAL IN ARRA. 

10 (a) RESCISSION.—Of the discretionary appropria11 tions made available in division A of the American Recov12 ery and Reinvestment Act of 2009 (Public Law 111–5), 

13 all unobligated balances are rescinded. 

14 (b) REPEAL.—Subtitles B and C of title II and titles 

15 III through VII of division B of the American Recovery 

16 and Reinvestment Act of 2009 (Public Law 111–5) are 

17 repealed. 

18 SEC. 507. TERMINATION OF TARP AUTHORITY. 

19 Section 120 of the Emergency Economic Stabilization 

20 Act of 2008 (12 U.S.C. 5230) is amended to read as fol21 lows: 

22 ‘‘SEC. 120. TERMINATION OF AUTHORITY. 

23 ‘‘The authorities provided under sections 101(a), ex24 cluding section 101(a)(3), and 102 shall terminate on the 


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1 date of the enactment of the Restore American Jobs Act 

2 of 2010.’’. 

3 SEC. 508. REQUIRING THE SALE OF STOCK AND WARRANTS 

4 RECEIVED UNDER TARP. 

5 Not later than the end of the 1-year period beginning 

6 on the date of the enactment of this Act, the Secretary 

7 of the Treasury shall sell all stock and warrants acquired 

8 by the Secretary under the Troubled Asset Relief Program 

9 under title I of the Emergency Economic Stabilization Act 

10 of 2008 (12 U.S.C. 5211 et seq.). 

11 TITLE VI—UNITED STATES-CO12 LOMBIA TRADE PROMOTION 

13 AGREEMENT 

14 Subtitle A—General Provisions 

15 SEC. 601. SHORT TITLE. 

16 This title may be cited as the ‘‘United States-Colom17 bia Trade Promotion Agreement Implementation Act’’. 

18 SEC. 602. PURPOSES. 

19 The purposes of this title are— 

20 (1) to approve and implement the free trade 

21 agreement between the United States and Colombia 

22 entered into under the authority of section 2103(b) 

23 of the Bipartisan Trade Promotion Authority Act of 

24 2002 (19 U.S.C. 3803(b)); 


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1 (2) to strengthen and develop economic rela2 tions between the United States and Colombia for 

3 their mutual benefit; 

4 (3) to establish free trade between the United 

5 States and Colombia through the reduction and 

6 elimination of barriers to trade in goods and services 

7 and to investment; and 

8 (4) to lay the foundation for further coopera9 tion to expand and enhance the benefits of the 

10 Agreement. 

11 SEC. 603. DEFINITIONS. 

12 In this title: 

13 (1) AGREEMENT.—The term ‘‘Agreement’’ 

14 means the United States-Colombia Trade Promotion 

15 Agreement approved by Congress under section 

16 101(a)(1). 

17 (2) COMMISSION.—The term ‘‘Commission’’ 

18 means the United States International Trade Com19 mission. 

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

22 (4) TEXTILE OR APPAREL GOOD.—The term 

23 ‘‘textile or apparel good’’ means a good listed in the 

24 Annex to the Agreement on Textiles and Clothing 

25 referred to in section 101(d)(4) of the Uruguay 


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1 Round Agreements Act (19 U.S.C. 3511(d)(4)), 

2 other than a good listed in Annex 3–C of the Agree3 ment. 

4 Subtitle B—Approval of, and Gen5 eral Provisions Relating to, the 

6 Agreement 

7 SEC. 611. APPROVAL AND ENTRY INTO FORCE OF THE 

8 AGREEMENT. 

9 (a) APPROVAL OF AGREEMENT AND STATEMENT OF

10 ADMINISTRATIVE ACTION.—Pursuant to section 2105 of 

11 the Bipartisan Trade Promotion Authority Act of 2002 

12 (19 U.S.C. 3805) and section 151 of the Trade Act of 

13 1974 (19 U.S.C. 2191), Congress approves— 

14 (1) the United States-Colombia Trade Pro15 motion Agreement entered into on November 22, 

16 2006, with the Government of Colombia, as amend17 ed on June 28, 2007, by the United States and Co18 lombia, and submitted to Congress on April 8, 2008; 

19 and 

20 (2) the statement of administrative action pro21 posed to implement the Agreement that was sub22 mitted to Congress on April 8, 2008. 

23 (b) CONDITIONS FOR ENTRY INTO FORCE OF THE

24 AGREEMENT.—At such time as the President determines 

25 that Colombia has taken measures necessary to comply 


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1 with those provisions of the Agreement that are to take 

2 effect on the date on which the Agreement enters into 

3 force, the President is authorized to exchange notes with 

4 the Government of Colombia providing for the entry into 

5 force, on or after January 1, 2009, of the Agreement with 

6 respect to the United States. 

7 SEC. 612. RELATIONSHIP OF THE AGREEMENT TO UNITED 

8 STATES AND STATE LAW. 

9 (a) RELATIONSHIP OF AGREEMENT TO UNITED

10 STATES LAW.— 

11 (1) UNITED STATES LAW TO PREVAIL IN CON12 FLICT.—No provision of the Agreement, nor the ap13 plication of any such provision to any person or cir14 cumstance, which is inconsistent with any law of the 

15 United States shall have effect. 

16 (2) CONSTRUCTION.—Nothing in this title shall 

17 be construed— 

18 (A) to amend or modify any law of the 

19 United States; or 

20 (B) to limit any authority conferred under 

21 any law of the United States, 

22 unless specifically provided for in this title. 

23 (b) RELATIONSHIP OF AGREEMENT TO STATE

24 LAW.— 


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1 (1) LEGAL CHALLENGE.—No State law, or the 

2 application thereof, may be declared invalid as to 

3 any person or circumstance on the ground that the 

4 provision or application is inconsistent with the 

5 Agreement, except in an action brought by the 

6 United States for the purpose of declaring such law 

7 or application invalid. 

8 (2) DEFINITION OF STATE LAW.—For purposes 

9 of this subsection, the term ‘‘State law’’ includes— 

10 (A) any law of a political subdivision of a 

11 State; and 

12 (B) any State law regulating or taxing the 

13 business of insurance. 

14 (c) EFFECT OF AGREEMENT WITH RESPECT TO PRI15 VATE REMEDIES.—No person other than the United 

16 States— 

17 (1) shall have any cause of action or defense 

18 under the Agreement or by virtue of congressional 

19 approval thereof; or 

20 (2) may challenge, in any action brought under 

21 any provision of law, any action or inaction by any 

22 department, agency, or other instrumentality of the 

23 United States, any State, or any political subdivision 

24 of a State, on the ground that such action or inac25 tion is inconsistent with the Agreement. 


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1 SEC. 613. IMPLEMENTING ACTIONS IN ANTICIPATION OF 

2 ENTRY INTO FORCE AND INITIAL REGULA3 TIONS. 

4 (a) IMPLEMENTING ACTIONS.— 

5 (1) PROCLAMATION AUTHORITY.—After the 

6 date of the enactment of this Act— 

7 (A) the President may proclaim such ac8 tions, and 

9 (B) other appropriate officers of the 

10 United States Government may issue such reg11 ulations, 

12 as may be necessary to ensure that any provision of 

13 this title, or amendment made by this title, that 

14 takes effect on the date on which the Agreement en15 ters into force is appropriately implemented on such 

16 date, but no such proclamation or regulation may 

17 have an effective date earlier than the date on which 

18 the Agreement enters into force. 

19 (2) EFFECTIVE DATE OF CERTAIN PROCLAIMED

20 ACTIONS.—Any action proclaimed by the President 

21 under the authority of this title that is not subject 

22 to the consultation and layover provisions under sec23 tion 614 may not take effect before the 15th day 

24 after the date on which the text of the proclamation 

25 is published in the Federal Register. 


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1 (3) WAIVER OF 15-DAY RESTRICTION.—The 15- 

2 day restriction contained in paragraph (2) on the 

3 taking effect of proclaimed actions is waived to the 

4 extent that the application of such restriction would 

5 prevent the taking effect on the date the Agreement 

6 enters into force of any action proclaimed under this 

7 section. 

8 (b) INITIAL REGULATIONS.—Initial regulations nec9 essary or appropriate to carry out the actions required by 

10 or authorized under this title or proposed in the statement 

11 of administrative action submitted under section 

12 611(a)(2) to implement the Agreement shall, to the max13 imum extent feasible, be issued within 1 year after the 

14 date on which the Agreement enters into force. In the case 

15 of any implementing action that takes effect on a date 

16 after the date on which the Agreement enters into force, 

17 initial regulations to carry out that action shall, to the 

18 maximum extent feasible, be issued within 1 year after 

19 such effective date. 

20 SEC. 614. CONSULTATION AND LAYOVER PROVISIONS FOR, 

21 AND EFFECTIVE DATE OF, PROCLAIMED AC22 TIONS. 

23 If a provision of this title provides that the implemen24 tation of an action by the President by proclamation is 


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1 subject to the consultation and layover requirements of 

2 this section, such action may be proclaimed only if— 

3 (1) the President has obtained advice regarding 

4 the proposed action from— 

5 (A) the appropriate advisory committees 

6 established under section 135 of the Trade Act 

7 of 1974 (19 U.S.C. 2155); and 

8 (B) the Commission; 

9 (2) the President has submitted to the Com10 mittee on Finance of the Senate and the Committee 

11 on Ways and Means of the House of Representatives 

12 a report that sets forth— 

13 (A) the action proposed to be proclaimed 

14 and the reasons therefor; and 

15 (B) the advice obtained under paragraph 

16 (1); 

17 (3) a period of 60 calendar days, beginning on 

18 the first day on which the requirements set forth in 

19 paragraphs (1) and (2) have been met, has expired; 

20 and 

21 (4) the President has consulted with the com22 mittees referred to in paragraph (2) regarding the 

23 proposed action during the period referred to in 

24 paragraph (3). 


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1 SEC. 615. ADMINISTRATION OF DISPUTE SETTLEMENT PRO2 CEEDINGS. 

3 (a) ESTABLISHMENT OR DESIGNATION OF OFFICE.— 

4 The President is authorized to establish or designate with5 in the Department of Commerce an office that shall be 

6 responsible for providing administrative assistance to pan7 els established under chapter 21 of the Agreement. The 

8 office shall not be considered to be an agency for purposes 

9 of section 552 of title 5, United States Code. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated for each fiscal year after 

12 fiscal year 2008 to the Department of Commerce such 

13 sums as may be necessary for the establishment and oper14 ations of the office established or designated under sub15 section (a) and for the payment of the United States share 

16 of the expenses of panels established under chapter 21 of 

17 the Agreement. 

18 SEC. 616. ARBITRATION OF CLAIMS. 

19 The United States is authorized to resolve any claim 

20 against the United States covered by article 

21 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agree22 ment, pursuant to the Investor-State Dispute Settlement 

23 procedures set forth in section B of chapter 10 of the 

24 Agreement. 


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1 SEC. 617. EFFECTIVE DATES; EFFECT OF TERMINATION. 

2 (a) EFFECTIVE DATES.—Except as provided in sub3 section (b), this title and the amendments made by this 

4 title take effect on the date on which the Agreement enters 

5 into force. 

6 (b) EXCEPTIONS.—Sections 601 through 603 and 

7 this subtitle take effect on the date of the enactment of 

8 this Act. 

9 (c) TERMINATION OF THE AGREEMENT.—On the 

10 date on which the Agreement terminates, this title (other 

11 than this subsection) and the amendments made by this 

12 title shall cease to have effect. 

13 Subtitle C—Customs Provisions 

14 SEC. 621. TARIFF MODIFICATIONS. 

15 (a) TARIFF MODIFICATIONS PROVIDED FOR IN THE

16 AGREEMENT.— 

17 (1) PROCLAMATION AUTHORITY.—The Presi18 dent may proclaim— 

19 (A) such modifications or continuation of 

20 any duty, 

21 (B) such continuation of duty-free or ex22 cise treatment, or 

23 (C) such additional duties, 

24 as the President determines to be necessary or ap25 propriate to carry out or apply articles 2.3, 2.5, 2.6, 

26 3.3.13, and Annex 2.3 of the Agreement. 


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1 (2) EFFECT ON GSP STATUS.—Notwithstanding 

2 section 502(a)(1) of the Trade Act of 1974 (19 

3 U.S.C. 2462(a)(1)), the President shall, on the date 

4 on which the Agreement enters into force, terminate 

5 the designation of Colombia as a beneficiary devel6 oping country for purposes of title V of the Trade 

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

8 (b) OTHER TARIFF MODIFICATIONS.—Subject to the 

9 consultation and layover provisions of section 614, the 

10 President may proclaim— 

11 (1) such modifications or continuation of any 

12 duty, 

13 (2) such modifications as the United States 

14 may agree to with Colombia regarding the staging of 

15 any duty treatment set forth in Annex 2.3 of the 

16 Agreement, 

17 (3) such continuation of duty-free or excise 

18 treatment, or 

19 (4) such additional duties, 

20 as the President determines to be necessary or appropriate 

21 to maintain the general level of reciprocal and mutually 

22 advantageous concessions with respect to Colombia pro23 vided for by the Agreement. 

24 (c) CONVERSION TO AD VALOREM RATES.—For pur25 poses of subsections (a) and (b), with respect to any good 


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1 for which the base rate in the Schedule of the United 

2 States to Annex 2.3 of the Agreement is a specific or com3 pound rate of duty, the President may substitute for the 

4 base rate an ad valorem rate that the President deter5 mines to be equivalent to the base rate. 

6 (d) TARIFF RATE QUOTAS.—In implementing the 

7 tariff rate quotas set forth in Appendix I to the Schedule 

8 of the United States to Annex 2.3 of the Agreement, the 

9 President shall take such action as may be necessary to 

10 ensure that imports of agricultural goods do not disrupt 

11 the orderly marketing of commodities in the United 

12 States. 

13 SEC. 622. ADDITIONAL DUTIES ON CERTAIN AGRICUL14 TURAL GOODS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) APPLICABLE NTR (MFN) RATE OF DUTY.— 

17 The term ‘‘applicable NTR (MFN) rate of duty’’ 

18 means, with respect to a safeguard good, a rate of 

19 duty equal to the lowest of— 

20 (A) the base rate in the Schedule of the 

21 United States to Annex 2.3 of the Agreement; 

22 (B) the column 1 general rate of duty that 

23 would, on the day before the date on which the 

24 Agreement enters into force, apply to a good 


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1 classifiable in the same 8-digit subheading of 

2 the HTS as the safeguard good; or 

3 (C) the column 1 general rate of duty that 

4 would, at the time the additional duty is im5 posed under subsection (b), apply to a good 

6 classifiable in the same 8-digit subheading of 

7 the HTS as the safeguard good. 

8 (2) SCHEDULE RATE OF DUTY.—The term 

9 ‘‘schedule rate of duty’’ means, with respect to a 

10 safeguard good, the rate of duty for that good that 

11 is set forth in the Schedule of the United States to 

12 Annex 2.3 of the Agreement. 

13 (3) SAFEGUARD GOOD.—The term ‘‘safeguard 

14 good’’ means a good— 

15 (A) that is included in the Schedule of the 

16 United States to Annex 2.18 of the Agreement; 

17 (B) that qualifies as an originating good 

18 under section 623, except that operations per19 formed in or material obtained from the United 

20 States shall be considered as if the operations 

21 were performed in, and the material was ob22 tained from, a country that is not a party to 

23 the Agreement; and 

24 (C) for which a claim for preferential tariff 

25 treatment under the Agreement has been made. 


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1 (b) ADDITIONAL DUTIES ON SAFEGUARD GOODS.— 

2 (1) IN GENERAL.—In addition to any duty pro3 claimed under subsection (a) or (b) of section 621, 

4 the Secretary of the Treasury shall assess a duty, in 

5 the amount determined under paragraph (2), on a 

6 safeguard good imported into the United States in 

7 a calendar year if the Secretary determines that, 

8 prior to such importation, the total volume of that 

9 safeguard good that is imported into the United 

10 States in that calendar year exceeds 140 percent of 

11 the volume that is provided for that safeguard good 

12 in the corresponding year in the applicable table 

13 contained in Appendix I of the General Notes to the 

14 Schedule of the United States to Annex 2.3 of the 

15 Agreement. For purposes of this subsection, year 1 

16 in that table corresponds to the calendar year in 

17 which the Agreement enters into force. 

18 (2) CALCULATION OF ADDITIONAL DUTY.—The 

19 additional duty on a safeguard good under this sub20 section shall be— 

21 (A) in years 1 through 4, an amount equal 

22 to 100 percent of the excess of the applicable 

23 NTR (MFN) rate of duty over the schedule 

24 rate of duty; 


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1 (B) in years 5 through 7, an amount equal 

2 to 75 percent of the excess of the applicable 

3 NTR (MFN) rate of duty over the schedule 

4 rate of duty; and 

5 (C) in years 8 through 9, an amount equal 

6 to 50 percent of the excess of the applicable 

7 NTR (MFN) rate of duty over the schedule 

8 rate of duty. 

9 (3) NOTICE.—Not later than 60 days after the 

10 Secretary of the Treasury first assesses an addi11 tional duty in a calendar year on a good under this 

12 subsection, the Secretary shall notify the Govern13 ment of Colombia in writing of such action and shall 

14 provide to that Government data supporting the as15 sessment of the additional duty. 

16 (c) EXCEPTIONS.—No additional duty shall be as17 sessed on a good under subsection (b) if, at the time of 

18 entry, the good is subject to import relief under— 

19 (1) chapter 1 of subtitle D of this title; or 

20 (2) chapter 1 of title II of the Trade Act of 

21 1974 (19 U.S.C. 2251 et seq.). 

22 (d) TERMINATION.—The assessment of an additional 

23 duty on a good under subsection (b) shall cease to apply 

24 to that good on the date on which duty-free treatment 


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1 must be provided to that good under the Schedule of the 

2 United States to Annex 2.3 of the Agreement. 

3 SEC. 623. RULES OF ORIGIN. 

4 (a) APPLICATION AND INTERPRETATION.—In this 

5 section: 

6 (1) TARIFF CLASSIFICATION.—The basis for 

7 any tariff classification is the HTS. 

8 (2) REFERENCE TO HTS.—Whenever in this 

9 section there is a reference to a chapter, heading, or 

10 subheading, such reference shall be a reference to a 

11 chapter, heading, or subheading of the HTS. 

12 (3) COST OR VALUE.—Any cost or value re13 ferred to in this section shall be recorded and main14 tained in accordance with the generally accepted ac15 counting principles applicable in the territory of the 

16 country in which the good is produced (whether Co17 lombia or the United States). 

18 (b) ORIGINATING GOODS.—For purposes of this title 

19 and for purposes of implementing the preferential tariff 

20 treatment provided for under the Agreement, except as 

21 otherwise provided in this section, a good is an originating 

22 good if— 

23 (1) the good is a good wholly obtained or pro24 duced entirely in the territory of Colombia, the 

25 United States, or both; 


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1 (2) the good— 

2 (A) is produced entirely in the territory of 

3 Colombia, the United States, or both, and— 

4 (i) each of the nonoriginating mate5 rials used in the production of the good 

6 undergoes an applicable change in tariff 

7 classification specified in Annex 3–A or 

8 Annex 4.1 of the Agreement; or 

9 (ii) the good otherwise satisfies any 

10 applicable regional value-content or other 

11 requirements specified in Annex 3–A or 

12 Annex 4.1 of the Agreement; and 

13 (B) satisfies all other applicable require14 ments of this section; or 

15 (3) the good is produced entirely in the terri16 tory of Colombia, the United States, or both, exclu17 sively from materials described in paragraph (1) or 

18 (2). 

19 (c) REGIONAL VALUE-CONTENT.— 

20 (1) IN GENERAL.—For purposes of subsection 

21 (b)(2), the regional value-content of a good referred 

22 to in Annex 4.1 of the Agreement, except for goods 

23 to which paragraph (4) applies, shall be calculated 

24 by the importer, exporter, or producer of the good, 

25 on the basis of the build-down method described in 


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1 paragraph (2) or the build-up method described in 

2 paragraph (3). 

3 (2) BUILD-DOWN METHOD.— 

4 (A) IN GENERAL.—The regional value-con5 tent of a good may be calculated on the basis 

6 of the following build-down method: 

AV¥VNM 

RVC = ————— × 100. 

AV 

7 (B) DEFINITIONS.—In subparagraph (A): 

8 (i) AV.—The term ‘‘AV’’ means the 

9 adjusted value of the good. 

10 (ii) RVC.—The term ‘‘RVC’’ means 

11 the regional value-content of the good, ex12 pressed as a percentage. 

13 (iii) VNM.—The term ‘‘VNM’’ means 

14 the value of nonoriginating materials that 

15 are acquired and used by the producer in 

16 the production of the good, but does not 

17 include the value of a material that is self18 produced. 

19 (3) BUILD-UP METHOD.— 

20 (A) IN GENERAL.—The regional value-con21 tent of a good may be calculated on the basis 

22 of the following build-up method: 

VOM RVC = ————— × 100. 

AV 

23 (B) DEFINITIONS.—In subparagraph (A): 


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1 (i) AV.—The term ‘‘AV’’ means the 

2 adjusted value of the good. 

3 (ii) RVC.—The term ‘‘RVC’’ means 

4 the regional value-content of the good, ex5 pressed as a percentage. 

6 (iii) VOM.—The term ‘‘VOM’’ means 

7 the value of originating materials that are 

8 acquired or self-produced, and used by the 

9 producer in the production of the good. 

10 (4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE

11 GOODS.— 

12 (A) IN GENERAL.—For purposes of sub13 section (b)(2), the regional value-content of an 

14 automotive good referred to in Annex 4.1 of the 

15 Agreement shall be calculated by the importer, 

16 exporter, or producer of the good, on the basis 

17 of the following net cost method: 

NC¥VNM 

RVC = ————— × 100. 

NC 

18 (B) DEFINITIONS.—In subparagraph (A): 

19 (i) AUTOMOTIVE GOOD.—The term 

20 ‘‘automotive good’’ means a good provided 

21 for in any of subheadings 8407.31 through 

22 8407.34, subheading 8408.20, heading 

23 8409, or any of headings 8701 through 

24 8708. 


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1 (ii) RVC.—The term ‘‘RVC’’ means 

2 the regional value-content of the auto3 motive good, expressed as a percentage. 

4 (iii) NC.—The term ‘‘NC’’ means the 

5 net cost of the automotive good. 

6 (iv) VNM.—The term ‘‘VNM’’ means 

7 the value of nonoriginating materials that 

8 are acquired and used by the producer in 

9 the production of the automotive good, but 

10 does not include the value of a material 

11 that is self-produced. 

12 (C) MOTOR VEHICLES.— 

13 (i) BASIS OF CALCULATION.—For 

14 purposes of determining the regional value15 content under subparagraph (A) for an 

16 automotive good that is a motor vehicle 

17 provided for in any of headings 8701 

18 through 8705, an importer, exporter, or 

19 producer may average the amounts cal20 culated under the formula contained in 

21 subparagraph (A), over the producer’s fis22 cal year— 

23 (I) with respect to all motor vehi24 cles in any one of the categories de25 scribed in clause (ii); or 


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1 (II) with respect to all motor ve2 hicles in any such category that are 

3 exported to the territory of the United 

4 States or Colombia. 

5 (ii) CATEGORIES.—A category is de6 scribed in this clause if it— 

7 (I) is the same model line of 

8 motor vehicles, is in the same class of 

9 motor vehicles, and is produced in the 

10 same plant in the territory of Colom11 bia or the United States, as the good 

12 described in clause (i) for which re13 gional value-content is being cal14 culated; 

15 (II) is the same class of motor 

16 vehicles, and is produced in the same 

17 plant in the territory of Colombia or 

18 the United States, as the good de19 scribed in clause (i) for which regional 

20 value-content is being calculated; or 

21 (III) is the same model line of 

22 motor vehicles produced in the terri23 tory of Colombia or the United States 

24 as the good described in clause (i) for 


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1 which regional value-content is being 

2 calculated. 

3 (D) OTHER AUTOMOTIVE GOODS.—For 

4 purposes of determining the regional value-con5 tent under subparagraph (A) for automotive 

6 materials provided for in any of subheadings 

7 8407.31 through 8407.34, in subheading 

8 8408.20, or in heading 8409, 8706, 8707, or 

9 8708, that are produced in the same plant, an 

10 importer, exporter, or producer may— 

11 (i) average the amounts calculated 

12 under the formula contained in subpara13 graph (A) over— 

14 (I) the fiscal year of the motor 

15 vehicle producer to whom the auto16 motive goods are sold, 

17 (II) any quarter or month, or 

18 (III) the fiscal year of the pro19 ducer of such goods, 

20 if the goods were produced during the fis21 cal year, quarter, or month that is the 

22 basis for the calculation; 

23 (ii) determine the average referred to 

24 in clause (i) separately for such goods sold 

25 to 1 or more motor vehicle producers; or 


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1 (iii) make a separate determination 

2 under clause (i) or (ii) for such goods that 

3 are exported to the territory of Colombia 

4 or the United States. 

5 (E) CALCULATING NET COST.—The im6 porter, exporter, or producer of an automotive 

7 good shall, consistent with the provisions re8 garding allocation of costs provided for in gen9 erally accepted accounting principles, determine 

10 the net cost of the automotive good under sub11 paragraph (B) by— 

12 (i) calculating the total cost incurred 

13 with respect to all goods produced by the 

14 producer of the automotive good, sub15 tracting any sales promotion, marketing, 

16 and after-sales service costs, royalties, 

17 shipping and packing costs, and nonallow18 able interest costs that are included in the 

19 total cost of all such goods, and then rea20 sonably allocating the resulting net cost of 

21 those goods to the automotive good; 

22 (ii) calculating the total cost incurred 

23 with respect to all goods produced by that 

24 producer, reasonably allocating the total 

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1 tracting any sales promotion, marketing, 

2 and after-sales service costs, royalties, 

3 shipping and packing costs, and nonallow4 able interest costs that are included in the 

5 portion of the total cost allocated to the 

6 automotive good; or 

7 (iii) reasonably allocating each cost 

8 that forms part of the total cost incurred 

9 with respect to the automotive good so that 

10 the aggregate of these costs does not in11 clude any sales promotion, marketing, and 

12 after-sales service costs, royalties, shipping 

13 and packing costs, or nonallowable interest 

14 costs. 

15 (d) VALUE OF MATERIALS.— 

16 (1) IN GENERAL.—For the purpose of calcu17 lating the regional value-content of a good under 

18 subsection (c), and for purposes of applying the de 

19 minimis rules under subsection (f), the value of a 

20 material is— 

21 (A) in the case of a material that is im22 ported by the producer of the good, the ad23 justed value of the material; 

24 (B) in the case of a material acquired in 

25 the territory in which the good is produced, the 


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1 value, determined in accordance with Articles 1 

2 through 8, Article 15, and the corresponding in3 terpretive notes, of the Agreement on Imple4 mentation of Article VII of the General Agree5 ment on Tariffs and Trade 1994 referred to in 

6 section 101(d)(8) of the Uruguay Round Agree7 ments Act (19 U.S.C. 3511(d)(8)), as set forth 

8 in regulations promulgated by the Secretary of 

9 the Treasury providing for the application of 

10 such Articles in the absence of an importation 

11 by the producer; or 

12 (C) in the case of a material that is self13 produced, the sum of— 

14 (i) all expenses incurred in the pro15 duction of the material, including general 

16 expenses; and 

17 (ii) an amount for profit equivalent to 

18 the profit added in the normal course of 

19 trade. 

20 (2) FURTHER ADJUSTMENTS TO THE VALUE OF

21 MATERIALS.— 

22 (A) ORIGINATING MATERIAL.—The fol23 lowing expenses, if not included in the value of 

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1 graph (1), may be added to the value of the 

2 originating material: 

3 (i) The costs of freight, insurance, 

4 packing, and all other costs incurred in 

5 transporting the material within or be6 tween the territory of Colombia, the United 

7 States, or both, to the location of the pro8 ducer. 

9 (ii) Duties, taxes, and customs broker10 age fees on the material paid in the terri11 tory of Colombia, the United States, or 

12 both, other than duties or taxes that are 

13 waived, refunded, refundable, or otherwise 

14 recoverable, including credit against duty 

15 or tax paid or payable. 

16 (iii) The cost of waste and spoilage re17 sulting from the use of the material in the 

18 production of the good, less the value of 

19 renewable scrap or byproducts. 

20 (B) NONORIGINATING MATERIAL.—The 

21 following expenses, if included in the value of a 

22 nonoriginating material calculated under para23 graph (1), may be deducted from the value of 

24 the nonoriginating material: 


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1 (i) The costs of freight, insurance, 

2 packing, and all other costs incurred in 

3 transporting the material within or be4 tween the territory of Colombia, the United 

5 States, or both, to the location of the pro6 ducer. 

7 (ii) Duties, taxes, and customs broker8 age fees on the material paid in the terri9 tory of Colombia, the United States, or 

10 both, other than duties or taxes that are 

11 waived, refunded, refundable, or otherwise 

12 recoverable, including credit against duty 

13 or tax paid or payable. 

14 (iii) The cost of waste and spoilage re15 sulting from the use of the material in the 

16 production of the good, less the value of 

17 renewable scrap or byproducts. 

18 (iv) The cost of originating materials 

19 used in the production of the nonorigi20 nating material in the territory of Colom21 bia, the United States, or both. 

22 (e) ACCUMULATION.— 

23 (1) ORIGINATING MATERIALS USED IN PRODUC24 TION OF GOODS OF ANOTHER COUNTRY.—Origi25 nating materials from the territory of Colombia or 


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1 the United States that are used in the production of 

2 a good in the territory of the other country shall be 

3 considered to originate in the territory of such other 

4 country. 

5 (2) MULTIPLE PRODUCERS.—A good that is 

6 produced in the territory of Colombia, the United 

7 States, or both, by 1 or more producers, is an origi8 nating good if the good satisfies the requirements of 

9 subsection (b) and all other applicable requirements 

10 of this section. 

11 (f) DE MINIMIS AMOUNTS OF NONORIGINATING MA12 TERIALS.— 

13 (1) IN GENERAL.—Except as provided in para14 graphs (2) and (3), a good that does not undergo a 

15 change in tariff classification pursuant to Annex 4.1 

16 of the Agreement is an originating good if— 

17 (A)(i) the value of all nonoriginating mate18 rials that— 

19 (I) are used in the production of the 

20 good, and 

21 (II) do not undergo the applicable 

22 change in tariff classification (set forth in 

23 Annex 4.1 of the Agreement), 

24 does not exceed 10 percent of the adjusted 

25 value of the good; 


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1 (ii) the good meets all other applicable re2 quirements of this section; and 

3 (iii) the value of such nonoriginating mate4 rials is included in the value of nonoriginating 

5 materials for any applicable regional value-con6 tent requirement for the good; or 

7 (B) the good meets the requirements set 

8 forth in paragraph 2 of Annex 4.6 of the Agree9 ment. 

10 (2) EXCEPTIONS.—Paragraph (1) does not 

11 apply to the following: 

12 (A) A nonoriginating material provided for 

13 in chapter 4, or a nonoriginating dairy prepara14 tion containing over 10 percent by weight of 

15 milk solids provided for in subheading 1901.90 

16 or 2106.90, that is used in the production of a 

17 good provided for in chapter 4. 

18 (B) A nonoriginating material provided for 

19 in chapter 4, or a nonoriginating dairy prepara20 tion containing over 10 percent by weight of 

21 milk solids provided for in subheading 1901.90, 

22 that is used in the production of any of the fol23 lowing goods: 


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1 (i) Infant preparations containing 

2 over 10 percent by weight of milk solids 

3 provided for in subheading 1901.10. 

4 (ii) Mixes and doughs, containing over 

5 25 percent by weight of butterfat, not put 

6 up for retail sale, provided for in sub7 heading 1901.20. 

8 (iii) Dairy preparations containing 

9 over 10 percent by weight of milk solids 

10 provided for in subheading 1901.90 or 

11 2106.90. 

12 (iv) Goods provided for in heading 

13 2105. 

14 (v) Beverages containing milk pro15 vided for in subheading 2202.90. 

16 (vi) Animal feeds containing over 10 

17 percent by weight of milk solids provided 

18 for in subheading 2309.90. 

19 (C) A nonoriginating material provided for 

20 in heading 0805, or any of subheadings 

21 2009.11 through 2009.39, that is used in the 

22 production of a good provided for in any of sub23 headings 2009.11 through 2009.39, or in fruit 

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1 centrated or unconcentrated, provided for in 

2 subheading 2106.90 or 2202.90. 

3 (D) A nonoriginating material provided for 

4 in heading 0901 or 2101 that is used in the 

5 production of a good provided for in heading 

6 0901 or 2101. 

7 (E) A nonoriginating material provided for 

8 in chapter 15 that is used in the production of 

9 a good provided for in any of headings 1501 

10 through 1508, or any of headings 1511 through 

11 1515. 

12 (F) A nonoriginating material provided for 

13 in heading 1701 that is used in the production 

14 of a good provided for in any of headings 1701 

15 through 1703. 

16 (G) A nonoriginating material provided for 

17 in chapter 17 that is used in the production of 

18 a good provided for in subheading 1806.10. 

19 (H) Except as provided in subparagraphs 

20 (A) through (G) and Annex 4.1 of the Agree21 ment, a nonoriginating material used in the 

22 production of a good provided for in any of 

23 chapters 1 through 24, unless the nonorigi24 nating material is provided for in a different 


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1 subheading than the good for which origin is 

2 being determined under this section. 

3 (I) A nonoriginating material that is a tex4 tile or apparel good. 

5 (3) TEXTILE OR APPAREL GOODS.— 

6 (A) IN GENERAL.—Except as provided in 

7 subparagraph (B), a textile or apparel good 

8 that is not an originating good because certain 

9 fibers or yarns used in the production of the 

10 component of the good that determines the tar11 iff classification of the good do not undergo an 

12 applicable change in tariff classification, set 

13 forth in Annex 3–A of the Agreement, shall be 

14 considered to be an originating good if— 

15 (i) the total weight of all such fibers 

16 or yarns in that component is not more 

17 than 10 percent of the total weight of that 

18 component; or 

19 (ii) the yarns are those described in 

20 section 204(b)(3)(B)(vi)(IV) of the Andean 

21 Trade Preference Act (19 U.S.C. 

22 3203(b)(3)(B)(vi)(IV)) (as in effect on the 

23 date of the enactment of this Act). 

24 (B) CERTAIN TEXTILE OR APPAREL

25 GOODS.—A textile or apparel good containing 


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1 elastomeric yarns in the component of the good 

2 that determines the tariff classification of the 

3 good shall be considered to be an originating 

4 good only if such yarns are wholly formed in 

5 the territory of Colombia, the United States, or 

6 both. 

7 (C) YARN, FABRIC, OR FIBER.—For pur8 poses of this paragraph, in the case of a good 

9 that is a yarn, fabric, or fiber, the term ‘‘com10 ponent of the good that determines the tariff 

11 classification of the good’’ means all of the fi12 bers in the good. 

13 (g) FUNGIBLE GOODS AND MATERIALS.— 

14 (1) IN GENERAL.— 

15 (A) CLAIM FOR PREFERENTIAL TARIFF

16 TREATMENT.—A person claiming that a fun17 gible good or fungible material is an originating 

18 good may base the claim either on the physical 

19 segregation of the fungible good or fungible ma20 terial or by using an inventory management 

21 method with respect to the fungible good or 

22 fungible material. 

23 (B) INVENTORY MANAGEMENT METHOD.— 

24 In this subsection, the term ‘‘inventory manage25 ment method’’ means— 


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1 (i) averaging; 

2 (ii) ‘‘last-in, first-out’’; 

3 (iii) ‘‘first-in, first-out’’; or 

4 (iv) any other method— 

5 (I) recognized in the generally 

6 accepted accounting principles of the 

7 country in which the production is 

8 performed (whether Colombia or the 

9 United States); or 

10 (II) otherwise accepted by that 

11 country. 

12 (2) ELECTION OF INVENTORY METHOD.—A 

13 person selecting an inventory management method 

14 under paragraph (1) for a particular fungible good 

15 or fungible material shall continue to use that meth16 od for that fungible good or fungible material 

17 throughout the fiscal year of such person. 

18 (h) ACCESSORIES, SPARE PARTS, OR TOOLS.— 

19 (1) IN GENERAL.—Subject to paragraphs (2) 

20 and (3), accessories, spare parts, or tools delivered 

21 with a good that form part of the good’s standard 

22 accessories, spare parts, or tools shall— 

23 (A) be treated as originating goods if the 

24 good is an originating good; and 


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1 (B) be disregarded in determining whether 

2 all the nonoriginating materials used in the pro3 duction of the good undergo the applicable 

4 change in tariff classification set forth in Annex 

5 4.1 of the Agreement. 

6 (2) CONDITIONS.—Paragraph (1) shall apply 

7 only if— 

8 (A) the accessories, spare parts, or tools 

9 are classified with and not invoiced separately 

10 from the good, regardless of whether such ac11 cessories, spare parts, or tools are specified or 

12 are separately identified in the invoice for the 

13 good; and 

14 (B) the quantities and value of the acces15 sories, spare parts, or tools are customary for 

16 the good. 

17 (3) REGIONAL VALUE-CONTENT.—If the good is 

18 subject to a regional value-content requirement, the 

19 value of the accessories, spare parts, or tools shall 

20 be taken into account as originating or nonorigi21 nating materials, as the case may be, in calculating 

22 the regional value-content of the good. 

23 (i) PACKAGING MATERIALS AND CONTAINERS FOR

24 RETAIL SALE.—Packaging materials and containers in 

25 which a good is packaged for retail sale, if classified with 


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1 the good, shall be disregarded in determining whether all 

2 the nonoriginating materials used in the production of the 

3 good undergo the applicable change in tariff classification 

4 set forth in Annex 3–A or Annex 4.1 of the Agreement, 

5 and, if the good is subject to a regional value-content re6 quirement, the value of such packaging materials and con7 tainers shall be taken into account as originating or non8 originating materials, as the case may be, in calculating 

9 the regional value-content of the good. 

10 (j) PACKING MATERIALS AND CONTAINERS FOR

11 SHIPMENT.—Packing materials and containers for ship12 ment shall be disregarded in determining whether a good 

13 is an originating good. 

14 (k) INDIRECT MATERIALS.—An indirect material 

15 shall be treated as an originating material without regard 

16 to where it is produced. 

17 (l) TRANSIT AND TRANSHIPMENT.—A good that has 

18 undergone production necessary to qualify as an origi19 nating good under subsection (b) shall not be considered 

20 to be an originating good if, subsequent to that produc21 tion, the good— 

22 (1) undergoes further production or any other 

23 operation outside the territory of Colombia or the 

24 United States, other than unloading, reloading, or 

25 any other operation necessary to preserve the good 


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1 in good condition or to transport the good to the ter2 ritory of Colombia or the United States; or 

3 (2) does not remain under the control of cus4 toms authorities in the territory of a country other 

5 than Colombia or the United States. 

6 (m) GOODS CLASSIFIABLE AS GOODS PUT UP IN

7 SETS.—Notwithstanding the rules set forth in Annex 3– 

8 A and Annex 4.1 of the Agreement, goods classifiable as 

9 goods put up in sets for retail sale as provided for in Gen10 eral Rule of Interpretation 3 of the HTS shall not be con11 sidered to be originating goods unless— 

12 (1) each of the goods in the set is an origi13 nating good; or 

14 (2) the total value of the nonoriginating goods 

15 in the set does not exceed— 

16 (A) in the case of textile or apparel goods, 

17 10 percent of the adjusted value of the set; or 

18 (B) in the case of a good, other than a tex19 tile or apparel good, 15 percent of the adjusted 

20 value of the set. 

21 (n) DEFINITIONS.—In this section: 

22 (1) ADJUSTED VALUE.—The term ‘‘adjusted 

23 value’’ means the value determined in accordance 

24 with articles 1 through 8, article 15, and the cor25 responding interpretive notes, of the Agreement on 


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1 Implementation of Article VII of the General Agree2 ment on Tariffs and Trade 1994 referred to in sec3 tion 101(d)(8) of the Uruguay Round Agreements 

4 Act (19 U.S.C. 3511(d)(8)), adjusted, if necessary, 

5 to exclude any costs, charges, or expenses incurred 

6 for transportation, insurance, and related services 

7 incident to the international shipment of the mer8 chandise from the country of exportation to the 

9 place of importation. 

10 (2) CLASS OF MOTOR VEHICLES.—The term 

11 ‘‘class of motor vehicles’’ means any one of the fol12 lowing categories of motor vehicles: 

13 (A) Motor vehicles provided for in sub14 heading 8701.20, 8704.10, 8704.22, 8704.23, 

15 8704.32, or 8704.90, or heading 8705 or 8706, 

16 or motor vehicles for the transport of 16 or 

17 more persons provided for in subheading 

18 8702.10 or 8702.90. 

19 (B) Motor vehicles provided for in sub20 heading 8701.10 or any of subheadings 

21 8701.30 through 8701.90. 

22 (C) Motor vehicles for the transport of 15 

23 or fewer persons provided for in subheading 

24 8702.10 or 8702.90, or motor vehicles provided 

25 for in subheading 8704.21 or 8704.31. 


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1 (D) Motor vehicles provided for in any of 

2 subheadings 8703.21 through 8703.90. 

3 (3) FUNGIBLE GOOD OR FUNGIBLE MATE4 RIAL.—The term ‘‘fungible good’’ or ‘‘fungible mate5 rial’’ means a good or material, as the case may be, 

6 that is interchangeable with another good or mate7 rial for commercial purposes and the properties of 

8 which are essentially identical to such other good or 

9 material. 

10 (4) GENERALLY ACCEPTED ACCOUNTING PRIN11 CIPLES.—The term ‘‘generally accepted accounting 

12 principles’’ means the recognized consensus or sub13 stantial authoritative support in the territory of Co14 lombia or the United States, as the case may be, 

15 with respect to the recording of revenues, expenses, 

16 costs, assets, and liabilities, the disclosure of infor17 mation, and the preparation of financial statements. 

18 The principles may encompass broad guidelines of 

19 general application as well as detailed standards, 

20 practices, and procedures. 

21 (5) GOOD WHOLLY OBTAINED OR PRODUCED

22 ENTIRELY IN THE TERRITORY OF COLOMBIA, THE

23 UNITED STATES, OR BOTH.—The term ‘‘good wholly 

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1 lombia, the United States, or both’’ means any of 

2 the following: 

3 (A) Plants and plant products harvested or 

4 gathered in the territory of Colombia, the 

5 United States, or both. 

6 (B) Live animals born and raised in the 

7 territory of Colombia, the United States, or 

8 both. 

9 (C) Goods obtained in the territory of Co10 lombia, the United States, or both from live 

11 animals. 

12 (D) Goods obtained from hunting, trap13 ping, fishing, or aquaculture conducted in the 

14 territory of Colombia, the United States, or 

15 both. 

16 (E) Minerals and other natural resources 

17 not included in subparagraphs (A) through (D) 

18 that are extracted or taken from the territory 

19 of Colombia, the United States, or both. 

20 (F) Fish, shellfish, and other marine life 

21 taken from the sea, seabed, or subsoil outside 

22 the territory of Colombia or the United States 

23 by— 


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1 (i) a vessel that is registered or re2 corded with Colombia and flying the flag of 

3 Colombia; or 

4 (ii) a vessel that is documented under 

5 the laws of the United States. 

6 (G) Goods produced on board a factory 

7 ship from goods referred to in subparagraph 

8 (F), if such factory ship— 

9 (i) is registered or recorded with Co10 lombia and flies the flag of Colombia; or 

11 (ii) is a vessel that is documented 

12 under the laws of the United States. 

13 (H)(i) Goods taken by Colombia or a per14 son of Colombia from the seabed or subsoil out15 side the territorial waters of Colombia, if Co16 lombia has rights to exploit such seabed or sub17 soil. 

18 (ii) Goods taken by the United States or a 

19 person of the United States from the seabed or 

20 subsoil outside the territorial waters of the 

21 United States, if the United States has rights 

22 to exploit such seabed or subsoil. 

23 (I) Goods taken from outer space, if the 

24 goods are obtained by Colombia or the United 

25 States or a person of Colombia or the United 


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1 States and not processed in the territory of a 

2 country other than Colombia or the United 

3 States. 

4 (J) Waste and scrap derived from— 

5 (i) manufacturing or processing oper6 ations in the territory of Colombia, the 

7 United States, or both; or 

8 (ii) used goods collected in the terri9 tory of Colombia, the United States, or 

10 both, if such goods are fit only for the re11 covery of raw materials. 

12 (K) Recovered goods derived in the terri13 tory of Colombia, the United States, or both, 

14 from used goods, and used in the territory of 

15 Colombia, the United States, or both, in the 

16 production of remanufactured goods. 

17 (L) Goods, at any stage of production, pro18 duced in the territory of Colombia, the United 

19 States, or both, exclusively from— 

20 (i) goods referred to in any of sub21 paragraphs (A) through (J); or 

22 (ii) the derivatives of goods referred 

23 to in clause (i). 

24 (6) IDENTICAL GOODS.—The term ‘‘identical 

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1 spects relevant to the rule of origin that qualifies the 

2 goods as originating goods. 

3 (7) INDIRECT MATERIAL.—The term ‘‘indirect 

4 material’’ means a good used in the production, test5 ing, or inspection of another good but not physically 

6 incorporated into that other good, or a good used in 

7 the maintenance of buildings or the operation of 

8 equipment associated with the production of another 

9 good, including— 

10 (A) fuel and energy; 

11 (B) tools, dies, and molds; 

12 (C) spare parts and materials used in the 

13 maintenance of equipment or buildings; 

14 (D) lubricants, greases, compounding ma15 terials, and other materials used in production 

16 or used to operate equipment or buildings; 

17 (E) gloves, glasses, footwear, clothing, 

18 safety equipment, and supplies; 

19 (F) equipment, devices, and supplies used 

20 for testing or inspecting the good; 

21 (G) catalysts and solvents; and 

22 (H) any other goods that are not incor23 porated into the other good but the use of 

24 which in the production of the other good can 


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1 reasonably be demonstrated to be a part of that 

2 production. 

3 (8) MATERIAL.—The term ‘‘material’’ means a 

4 good that is used in the production of another good, 

5 including a part or an ingredient. 

6 (9) MATERIAL THAT IS SELF-PRODUCED.—The 

7 term ‘‘material that is self-produced’’ means an orig8 inating material that is produced by a producer of 

9 a good and used in the production of that good. 

10 (10) MODEL LINE OF MOTOR VEHICLES.—The 

11 term ‘‘model line of motor vehicles’’ means a group 

12 of motor vehicles having the same platform or model 

13 name. 

14 (11) NET COST.—The term ‘‘net cost’’ means 

15 total cost minus sales promotion, marketing, and 

16 after-sales service costs, royalties, shipping and 

17 packing costs, and nonallowable interest costs that 

18 are included in the total cost. 

19 (12) NONALLOWABLE INTEREST COSTS.—The 

20 term ‘‘nonallowable interest costs’’ means interest 

21 costs incurred by a producer that exceed 700 basis 

22 points above the applicable official interest rate for 

23 comparable maturities of the country in which the 

24 producer is located. 


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1 (13) NONORIGINATING GOOD OR NONORIGI2 NATING MATERIAL.—The terms ‘‘nonoriginating 

3 good’’ and ‘‘nonoriginating material’’ mean a good 

4 or material, as the case may be, that does not qual5 ify as originating under this section. 

6 (14) PACKING MATERIALS AND CONTAINERS

7 FOR SHIPMENT.—The term ‘‘packing materials and 

8 containers for shipment’’ means goods used to pro9 tect another good during its transportation and does 

10 not include the packaging materials and containers 

11 in which the other good is packaged for retail sale. 

12 (15) PREFERENTIAL TARIFF TREATMENT.— 

13 The term ‘‘preferential tariff treatment’’ means the 

14 customs duty rate, and the treatment under article 

15 2.10.4 of the Agreement, that is applicable to an 

16 originating good pursuant to the Agreement. 

17 (16) PRODUCER.—The term ‘‘producer’’ means 

18 a person who engages in the production of a good 

19 in the territory of Colombia or the United States. 

20 (17) PRODUCTION.—The term ‘‘production’’ 

21 means growing, mining, harvesting, fishing, raising, 

22 trapping, hunting, manufacturing, processing, as23 sembling, or disassembling a good. 

24 (18) REASONABLY ALLOCATE.—The term ‘‘rea25 sonably allocate’’ means to apportion in a manner 


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1 that would be appropriate under generally accepted 

2 accounting principles. 

3 (19) RECOVERED GOODS.—The term ‘‘recov4 ered goods’’ means materials in the form of indi5 vidual parts that are the result of— 

6 (A) the disassembly of used goods into in7 dividual parts; and 

8 (B) the cleaning, inspecting, testing, or 

9 other processing that is necessary for improve10 ment to sound working condition of such indi11 vidual parts. 

12 (20) REMANUFACTURED GOOD.—The term ‘‘re13 manufactured good’’ means an industrial good as14 sembled in the territory of Colombia or the United 

15 States, or both, that is classified under chapter 84, 

16 85, 87, or 90 or heading 9402, other than a good 

17 classified under heading 8418 or 8516, and that— 

18 (A) is entirely or partially comprised of re19 covered goods; and 

20 (B) has a similar life expectancy and en21 joys a factory warranty similar to such a good 

22 that is new. 

23 (21) TOTAL COST.— 

24 (A) IN GENERAL.—The term ‘‘total 

25 cost’’— 


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1 (i) means all product costs, period 

2 costs, and other costs for a good incurred 

3 in the territory of Colombia, the United 

4 States, or both; and 

5 (ii) does not include profits that are 

6 earned by the producer, regardless of 

7 whether they are retained by the producer 

8 or paid out to other persons as dividends, 

9 or taxes paid on those profits, including 

10 capital gains taxes. 

11 (B) OTHER DEFINITIONS.—In this para12 graph: 

13 (i) PRODUCT COSTS.—The term 

14 ‘‘product costs’’ means costs that are asso15 ciated with the production of a good and 

16 include the value of materials, direct labor 

17 costs, and direct overhead. 

18 (ii) PERIOD COSTS.—The term ‘‘pe19 riod costs’’ means costs, other than prod20 uct costs, that are expensed in the period 

21 in which they are incurred, such as selling 

22 expenses and general and administrative 

23 expenses. 

24 (iii) OTHER COSTS.—The term ‘‘other 

25 costs’’ means all costs recorded on the 


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1 books of the producer that are not product 

2 costs or period costs, such as interest. 

3 (22) USED.—The term ‘‘used’’ means utilized 

4 or consumed in the production of goods. 

5 (o) PRESIDENTIAL PROCLAMATION AUTHORITY.— 

6 (1) IN GENERAL.—The President is authorized 

7 to proclaim, as part of the HTS— 

8 (A) the provisions set forth in Annex 3–A 

9 and Annex 4.1 of the Agreement; and 

10 (B) any additional subordinate category 

11 that is necessary to carry out this title con12 sistent with the Agreement. 

13 (2) FABRICS AND YARNS NOT AVAILABLE IN

14 COMMERCIAL QUANTITIES IN THE UNITED

15 STATES.—The President is authorized to proclaim 

16 that a fabric or yarn is added to the list in Annex 

17 3–B of the Agreement in an unrestricted quantity, 

18 as provided in article 3.3.5(e) of the Agreement. 

19 (3) MODIFICATIONS.— 

20 (A) IN GENERAL.—Subject to the consulta21 tion and layover provisions of section 614, the 

22 President may proclaim modifications to the 

23 provisions proclaimed under the authority of 

24 paragraph (1)(A), other than provisions of 


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1 chapters 50 through 63 (as included in Annex 

2 3–A of the Agreement). 

3 (B) ADDITIONAL PROCLAMATIONS.—Not4 withstanding subparagraph (A), and subject to 

5 the consultation and layover provisions of sec6 tion 614, the President may proclaim before the 

7 end of the 1-year period beginning on the date 

8 of the enactment of this Act, modifications to 

9 correct any typographical, clerical, or other non10 substantive technical error regarding the provi11 sions of chapters 50 through 63 (as included in 

12 Annex 3–A of the Agreement). 

13 (4) FABRICS, YARNS, OR FIBERS NOT AVAIL14 ABLE IN COMMERCIAL QUANTITIES IN COLOMBIA

15 AND THE UNITED STATES.— 

16 (A) IN GENERAL.—Notwithstanding para17 graph (3)(A), the list of fabrics, yarns, and fi18 bers set forth in Annex 3–B of the Agreement 

19 may be modified as provided for in this para20 graph. 

21 (B) DEFINITIONS.—In this paragraph: 

22 (i) The term ‘‘interested entity’’ 

23 means the Government of Colombia, a po24 tential or actual purchaser of a textile or 


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1 apparel good, or a potential or actual sup2 plier of a textile or apparel good. 

3 (ii) All references to ‘‘day’’ and 

4 ‘‘days’’ exclude Saturdays, Sundays, and 

5 legal holidays observed by the Government 

6 of the United States. 

7 (C) REQUESTS TO ADD FABRICS, YARNS, 

8 OR FIBERS.—(i) An interested entity may re9 quest the President to determine that a fabric, 

10 yarn, or fiber is not available in commercial 

11 quantities in a timely manner in Colombia and 

12 the United States and to add that fabric, yarn, 

13 or fiber to the list in Annex 3–B of the Agree14 ment in a restricted or unrestricted quantity. 

15 (ii) After receiving a request under clause 

16 (i), the President may determine whether— 

17 (I) the fabric, yarn, or fiber is avail18 able in commercial quantities in a timely 

19 manner in Colombia or the United States; 

20 or 

21 (II) any interested entity objects to 

22 the request. 

23 (iii) The President may, within the time 

24 periods specified in clause (iv), proclaim that 

25 the fabric, yarn, or fiber that is the subject of 


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1 the request is added to the list in Annex 3–B 

2 of the Agreement in an unrestricted quantity, 

3 or in any restricted quantity that the President 

4 may establish, if the President has determined 

5 under clause (ii) that— 

6 (I) the fabric, yarn, or fiber is not 

7 available in commercial quantities in a 

8 timely manner in Colombia and the United 

9 States; or 

10 (II) no interested entity has objected 

11 to the request. 

12 (iv) The time periods within which the 

13 President may issue a proclamation under 

14 clause (iii) are— 

15 (I) not later than 30 days after the 

16 date on which a request is submitted under 

17 clause (i); or 

18 (II) not later than 44 days after the 

19 request is submitted, if the President de20 termines, within 30 days after the date on 

21 which the request is submitted, that the 

22 President does not have sufficient informa23 tion to make a determination under clause 

24 (ii). 


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1 (v) Notwithstanding section 613(a)(2), a 

2 proclamation made under clause (iii) shall take 

3 effect on the date on which the text of the proc4 lamation is published in the Federal Register. 

5 (vi) Not later than 6 months after pro6 claiming under clause (iii) that a fabric, yarn, 

7 or fiber is added to the list in Annex 3–B of the 

8 Agreement in a restricted quantity, the Presi9 dent may eliminate the restriction if the Presi10 dent determines that the fabric, yarn, or fiber 

11 is not available in commercial quantities in a 

12 timely manner in Colombia and the United 

13 States. 

14 (D) DEEMED APPROVAL OF REQUEST.—If, 

15 after an interested entity submits a request 

16 under subparagraph (C)(i), the President does 

17 not, within the applicable time period specified 

18 in subparagraph (C)(iv), make a determination 

19 under subparagraph (C)(ii) regarding the re20 quest, the fabric, yarn, or fiber that is the sub21 ject of the request shall be considered to be 

22 added, in an unrestricted quantity, to the list in 

23 Annex 3–B of the Agreement beginning— 

24 (i) 45 days after the date on which 

25 the request was submitted; or 


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1 (ii) 60 days after the date on which 

2 the request was submitted, if the President 

3 made a determination under subparagraph 

4 (C)(iv)(II). 

5 (E) REQUESTS TO RESTRICT OR REMOVE

6 FABRICS, YARNS, OR FIBERS.—(i) Subject to 

7 clause (ii), an interested entity may request the 

8 President to restrict the quantity of, or remove 

9 from the list in Annex 3–B of the Agreement, 

10 any fabric, yarn, or fiber— 

11 (I) that has been added to that list in 

12 an unrestricted quantity pursuant to para13 graph (2) or subparagraph (C)(iii) or (D) 

14 of this paragraph; or 

15 (II) with respect to which the Presi16 dent has eliminated a restriction under 

17 subparagraph (C)(vi). 

18 (ii) An interested entity may submit a re19 quest under clause (i) at any time beginning 6 

20 months after the date of the action described in 

21 subclause (I) or (II) of that clause. 

22 (iii) Not later than 30 days after the date 

23 on which a request under clause (i) is sub24 mitted, the President may proclaim an action 

25 provided for under clause (i) if the President 


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1 determines that the fabric, yarn, or fiber that 

2 is the subject of the request is available in com3 mercial quantities in a timely manner in Colom4 bia or the United States. 

5 (iv) A proclamation under clause (iii) shall 

6 take effect no earlier than the date that is 6 

7 months after the date on which the text of the 

8 proclamation is published in the Federal Reg9 ister. 

10 (F) PROCEDURES.—The President shall 

11 establish procedures— 

12 (i) governing the submission of a re13 quest under subparagraphs (C) and (E); 

14 and 

15 (ii) providing an opportunity for inter16 ested entities to submit comments and sup17 porting evidence before the President 

18 makes a determination under subpara19 graph (C) (ii) or (vi) or (E)(iii). 

20 SEC. 624. CUSTOMS USER FEES. 

21 (a) IN GENERAL.—Section 13031(b) of the Consoli22 dated Omnibus Budget Reconciliation Act of 1985 (19 

23 U.S.C. 58c(b)) is amended by adding after paragraph 

24 (18), the following: 


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1 ‘‘(19) No fee may be charged under subsection 

2 (a)(9) or (10) with respect to goods that qualify as 

3 originating goods under section 203 of the United 

4 States-Colombia Trade Promotion Agreement Imple5 mentation Act. Any service for which an exemption 

6 from such fee is provided by reason of this para7 graph may not be funded with money contained in 

8 the Customs User Fee Account.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall take effect on October 1, 2013. 

11 (c) REFUND.—Any fee described in paragraph (19) 

12 of section 13031(b) of the Consolidated Omnibus Budget 

13 Reconciliation Act of 1985 (19 U.S.C. 58c(b)) (as added 

14 by subsection (a)) that is paid on or after the date that 

15 the United States-Colombia Trade Promotion Agreement 

16 enters into force and before October 1, 2013, shall be re17 funded with interest if application for such refund is made 

18 on or after October 1, 2013, and before July 1, 2014. 

19 SEC. 625. DISCLOSURE OF INCORRECT INFORMATION; 

20 FALSE CERTIFICATIONS OF ORIGIN; DENIAL 

21 OF PREFERENTIAL TARIFF TREATMENT. 

22 (a) DISCLOSURE OF INCORRECT INFORMATION.— 

23 Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) 

24 is amended— 

25 (1) in subsection (c)— 


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1 (A) by redesignating paragraph (11) as 

2 paragraph (12); and 

3 (B) by inserting after paragraph (10) the 

4 following new paragraph: 

5 ‘‘(11) PRIOR DISCLOSURE REGARDING CLAIMS

6 UNDER THE UNITED STATES-COLOMBIA TRADE PRO7 MOTION AGREEMENT.—An importer shall not be 

8 subject to penalties under subsection (a) for making 

9 an incorrect claim that a good qualifies as an origi10 nating good under section 623 of the United States11 Colombia Trade Promotion Agreement Implementa12 tion Act if the importer, in accordance with regula13 tions issued by the Secretary of the Treasury, 

14 promptly and voluntarily makes a corrected declara15 tion and pays any duties owing with respect to that 

16 good.’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(j) FALSE CERTIFICATIONS OF ORIGIN UNDER THE

20 UNITED STATES-COLOMBIA TRADE PROMOTION AGREE21 MENT.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 it is unlawful for any person to certify falsely, by 

24 fraud, gross negligence, or negligence, in a CTPA 

25 certification of origin (as defined in section 


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1 508(i)(1)(B) of this Act) that a good exported from 

2 the United States qualifies as an originating good 

3 under the rules of origin provided for in section 623 

4 of the United States-Colombia Trade Promotion 

5 Agreement Implementation Act. The procedures and 

6 penalties of this section that apply to a violation of 

7 subsection (a) also apply to a violation of this sub8 section. 

9 ‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF

10 INCORRECT INFORMATION.—No penalty shall be im11 posed under this subsection if, promptly after an ex12 porter or producer that issued a CTPA certification 

13 of origin has reason to believe that such certification 

14 contains or is based on incorrect information, the ex15 porter or producer voluntarily provides written no16 tice of such incorrect information to every person to 

17 whom the certification was issued. 

18 ‘‘(3) EXCEPTION.—A person shall not be con19 sidered to have violated paragraph (1) if— 

20 ‘‘(A) the information was correct at the 

21 time it was provided in a CTPA certification of 

22 origin but was later rendered incorrect due to 

23 a change in circumstances; and 

24 ‘‘(B) the person promptly and voluntarily 

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1 cumstances to all persons to whom the person 

2 provided the certification.’’. 

3 (b) DENIAL OF PREFERENTIAL TARIFF TREAT4 MENT.—Section 514 of the Tariff Act of 1930 (19 U.S.C. 

5 1514) is amended by adding at the end the following new 

6 subsection: 

7 ‘‘(j) DENIAL OF PREFERENTIAL TARIFF TREAT8 MENT UNDER THE UNITED STATES-COLOMBIA TRADE

9 PROMOTION AGREEMENT.—If U.S. Customs and Border 

10 Protection or U.S. Immigration and Customs Enforce11 ment of the Department of Homeland Security finds indi12 cations of a pattern of conduct by an importer, exporter, 

13 or producer of false or unsupported representations that 

14 goods qualify under the rules of origin provided for in sec15 tion 623 of the United States-Colombia Trade Promotion 

16 Agreement Implementation Act, U.S. Customs and Border 

17 Protection, in accordance with regulations issued by the 

18 Secretary of the Treasury, may suspend preferential tariff 

19 treatment under the United States-Colombia Trade Pro20 motion Agreement to entries of identical goods covered by 

21 subsequent representations by that importer, exporter, or 

22 producer until U.S. Customs and Border Protection deter23 mines that representations of that person are in con24 formity with such section 623.’’. 


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1 SEC. 626. RELIQUIDATION OF ENTRIES. 

2 Subsection (d) of section 520 of the Tariff Act of 

3 1930 (19 U.S.C. 1520(d)) is amended in the matter pre4 ceding paragraph (1)— 

5 (1) by striking ‘‘or’’; and 

6 (2) by striking ‘‘for which’’ and inserting ‘‘, or 

7 section 623 of the United States-Colombia Trade 

8 Promotion Agreement Implementation Act for 

9 which’’. 

10 SEC. 627. RECORDKEEPING REQUIREMENTS. 

11 Section 508 of the Tariff Act of 1930 (19 U.S.C. 

12 1508) is amended— 

13 (1) by redesignating subsection (i) as subsection 

14 (j); 

15 (2) by inserting after subsection (h) the fol16 lowing new subsection: 

17 ‘‘(i) CERTIFICATIONS OF ORIGIN FOR GOODS EX18 PORTED UNDER THE UNITED STATES-COLOMBIA TRADE

19 PROMOTION AGREEMENT.— 

20 ‘‘(1) DEFINITIONS.—In this subsection: 

21 ‘‘(A) RECORDS AND SUPPORTING DOCU22 MENTS.—The term ‘records and supporting 

23 documents’ means, with respect to an exported 

24 good under paragraph (2), records and docu25 ments related to the origin of the good, includ26 ing— 


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1 ‘‘(i) the purchase, cost, and value of, 

2 and payment for, the good; 

3 ‘‘(ii) the purchase, cost, and value of, 

4 and payment for, all materials, including 

5 indirect materials, used in the production 

6 of the good; and 

7 ‘‘(iii) the production of the good in 

8 the form in which it was exported. 

9 ‘‘(B) CTPA CERTIFICATION OF ORIGIN.— 

10 The term ‘CTPA certification of origin’ means 

11 the certification established under article 4.15 

12 of the United States-Colombia Trade Promotion 

13 Agreement that a good qualifies as an origi14 nating good under such Agreement. 

15 ‘‘(2) EXPORTS TO COLOMBIA.—Any person who 

16 completes and issues a CTPA certification of origin 

17 for a good exported from the United States shall 

18 make, keep, and, pursuant to rules and regulations 

19 promulgated by the Secretary of the Treasury, 

20 render for examination and inspection all records 

21 and supporting documents related to the origin of 

22 the good (including the certification or copies there23 of). 

24 ‘‘(3) RETENTION PERIOD.—The person who 

25 issues a CTPA certification of origin shall keep the 


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1 records and supporting documents relating to that 

2 certification of origin for a period of at least 5 years 

3 after the date on which the certification is issued.’’; 

4 and 

5 (3) in subsection (j), as so redesignated by 

6 striking ‘‘(f), (g), or (h)’’ and inserting ‘‘(f), (g), (h), 

7 or (i)’’. 

8 SEC. 628. ENFORCEMENT RELATING TO TRADE IN TEXTILE 

9 OR APPAREL GOODS. 

10 (a) ACTION DURING VERIFICATION.— 

11 (1) IN GENERAL.—If the Secretary of the 

12 Treasury requests the Government of Colombia to 

13 conduct a verification pursuant to article 3.2 of the 

14 Agreement for purposes of making a determination 

15 under paragraph (2), the President may direct the 

16 Secretary to take appropriate action described in 

17 subsection (b) while the verification is being con18 ducted. 

19 (2) DETERMINATION.—A determination under 

20 this paragraph is a determination of the Secretary 

21 that— 

22 (A) an exporter or producer in Colombia is 

23 complying with applicable customs laws, regula24 tions, and procedures regarding trade in textile 

25 or apparel goods, or 


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1 (B) a claim that a textile or apparel good 

2 exported or produced by such exporter or pro3 ducer— 

4 (i) qualifies as an originating good 

5 under section 623, or 

6 (ii) is a good of Colombia, 

7 is accurate. 

8 (b) APPROPRIATE ACTION DESCRIBED.—Appropriate 

9 action under subsection (a)(1) includes— 

10 (1) suspension of preferential tariff treatment 

11 under the Agreement with respect to— 

12 (A) any textile or apparel good exported or 

13 produced by the person that is the subject of a 

14 verification under subsection (a)(1) regarding 

15 compliance described in subsection (a)(2)(A), if 

16 the Secretary determines that there is insuffi17 cient information to support any claim for pref18 erential tariff treatment that has been made 

19 with respect to any such good; or 

20 (B) the textile or apparel good for which a 

21 claim of preferential tariff treatment has been 

22 made that is the subject of a verification under 

23 subsection (a)(1) regarding a claim described in 

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1 mines that there is insufficient information to 

2 support that claim; 

3 (2) denial of preferential tariff treatment under 

4 the Agreement with respect to— 

5 (A) any textile or apparel good exported or 

6 produced by the person that is the subject of a 

7 verification under subsection (a)(1) regarding 

8 compliance described in subsection (a)(2)(A), if 

9 the Secretary determines that the person has 

10 provided incorrect information to support any 

11 claim for preferential tariff treatment that has 

12 been made with respect to any such good; or 

13 (B) the textile or apparel good for which a 

14 claim of preferential tariff treatment has been 

15 made that is the subject of a verification under 

16 subsection (a)(1) regarding a claim described in 

17 subsection (a)(2)(B), if the Secretary deter18 mines that a person has provided incorrect in19 formation to support that claim; 

20 (3) detention of any textile or apparel good ex21 ported or produced by the person that is the subject 

22 of a verification under subsection (a)(1) regarding 

23 compliance described in subsection (a)(2)(A) or a 

24 claim described in subsection (a)(2)(B), if the Sec25 retary determines that there is insufficient informaVerDate Mar 15 2010 03:40 Oct 14, 2010 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H6367.IH H6367

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1 tion to determine the country of origin of any such 

2 good; and 

3 (4) denial of entry into the United States of 

4 any textile or apparel good exported or produced by 

5 the person that is the subject of a verification under 

6 subsection (a)(1) regarding compliance described in 

7 subsection (a)(2)(A) or a claim described in sub8 section (a)(2)(B), if the Secretary determines that 

9 the person has provided incorrect information as to 

10 the country of origin of any such good. 

11 (c) ACTION ON COMPLETION OF A VERIFICATION.— 

12 On completion of a verification under subsection (a), the 

13 President may direct the Secretary to take appropriate ac14 tion described in subsection (d) until such time as the Sec15 retary receives information sufficient to make the deter16 mination under subsection (a)(2) or until such earlier date 

17 as the President may direct. 

18 (d) APPROPRIATE ACTION DESCRIBED.—Appro19 priate action under subsection (c) includes— 

20 (1) denial of preferential tariff treatment under 

21 the Agreement with respect to— 

22 (A) any textile or apparel good exported or 

23 produced by the person that is the subject of a 

24 verification under subsection (a)(1) regarding 

25 compliance described in subsection (a)(2)(A), if 


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1 the Secretary determines that there is insuffi2 cient information to support, or that the person 

3 has provided incorrect information to support, 

4 any claim for preferential tariff treatment that 

5 has been made with respect to any such good; 

6 or 

7 (B) the textile or apparel good for which a 

8 claim of preferential tariff treatment has been 

9 made that is the subject of a verification under 

10 subsection (a)(1) regarding a claim described in 

11 subsection (a)(2)(B), if the Secretary deter12 mines that there is insufficient information to 

13 support, or that a person has provided incorrect 

14 information to support, that claim; and 

15 (2) denial of entry into the United States of 

16 any textile or apparel good exported or produced by 

17 the person that is the subject of a verification under 

18 subsection (a)(1) regarding compliance described in 

19 subsection (a)(2)(A) or a claim described in sub20 section (a)(2)(B), if the Secretary determines that 

21 there is insufficient information to determine, or 

22 that the person has provided incorrect information 

23 as to, the country of origin of any such good. 

24 (e) PUBLICATION OF NAME OF PERSON.—In accord25 ance with article 3.2.6 of the Agreement, the Secretary 


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1 may publish the name of any person that the Secretary 

2 has determined— 

3 (1) is engaged in circumvention of applicable 

4 laws, regulations, or procedures affecting trade in 

5 textile or apparel goods; or 

6 (2) has failed to demonstrate that it produces, 

7 or is capable of producing, textile or apparel goods. 

8 (f) VERIFICATIONS IN THE UNITED STATES.—If the 

9 government of a country that is a party to a free trade 

10 agreement with the United States makes a request for a 

11 verification pursuant to that agreement, the Secretary 

12 may request a verification of the production of any textile 

13 or apparel good in order to assist that government in de14 termining— 

15 (1) whether a claim of origin under the agree16 ment for a textile or apparel good is accurate; or 

17 (2) whether an exporter, producer, or other en18 terprise located in the United States involved in the 

19 movement of textile or apparel goods from the 

20 United States to the territory of the requesting gov21 ernment is complying with applicable customs laws, 

22 regulations, and procedures regarding trade in tex23 tile or apparel goods. 


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1 SEC. 629. REGULATIONS. 

2 The Secretary of the Treasury shall prescribe such 

3 regulations as may be necessary to carry out— 

4 (1) subsections (a) through (n) of section 623; 

5 (2) the amendment made by section 724; and 

6 (3) any proclamation issued under section 

7 623(o). 

8 Subtitle D—Relief From Imports 

9 SEC. 631. DEFINITIONS. 

10 In this subtitle: 

11 (1) COLOMBIAN ARTICLE.—The term ‘‘Colom12 bian article’’ means an article that qualifies as an 

13 originating good under section 623(b). 

14 (2) COLOMBIAN TEXTILE OR APPAREL ARTI15 CLE.—The term ‘‘Colombian textile or apparel arti16 cle’’ means a textile or apparel good (as defined in 

17 section 603(4)) that is a Colombian article. 

18 CHAPTER 1—RELIEF FROM IMPORTS 

19 BENEFITING FROM THE AGREEMENT 

20 SEC. 641. COMMENCING OF ACTION FOR RELIEF. 

21 (a) FILING OF PETITION.—A petition requesting ac22 tion under this chapter for the purpose of adjusting to 

23 the obligations of the United States under the Agreement 

24 may be filed with the Commission by an entity, including 

25 a trade association, firm, certified or recognized union, or 

26 group of workers, that is representative of an industry. 


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1 The Commission shall transmit a copy of any petition filed 

2 under this subsection to the United States Trade Rep3 resentative. 

4 (b) INVESTIGATION AND DETERMINATION.—Upon 

5 the filing of a petition under subsection (a), the Commis6 sion, unless subsection (d) applies, shall promptly initiate 

7 an investigation to determine whether, as a result of the 

8 reduction or elimination of a duty provided for under the 

9 Agreement, a Colombian article is being imported into the 

10 United States in such increased quantities, in absolute 

11 terms or relative to domestic production, and under such 

12 conditions that imports of the Colombian article constitute 

13 a substantial cause of serious injury or threat thereof to 

14 the domestic industry producing an article that is like, or 

15 directly competitive with, the imported article. 

16 (c) APPLICABLE PROVISIONS.—The following provi17 sions of section 202 of the Trade Act of 1974 (19 U.S.C. 

18 2252) apply with respect to any investigation initiated 

19 under subsection (b): 

20 (1) Paragraphs (1)(B) and (3) of subsection 

21 (b). 

22 (2) Subsection (c). 

23 (3) Subsection (i). 

24 (d) ARTICLES EXEMPT FROM INVESTIGATION.—No 

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1 spect to any Colombian article if, after the date on which 

2 the Agreement enters into force, import relief has been 

3 provided with respect to that Colombian article under this 

4 chapter. 

5 SEC. 642. COMMISSION ACTION ON PETITION. 

6 (a) DETERMINATION.—Not later than 120 days after 

7 the date on which an investigation is initiated under sec8 tion 641(b) with respect to a petition, the Commission 

9 shall make the determination required under that section. 

10 (b) APPLICABLE PROVISIONS.—For purposes of this 

11 chapter, the provisions of paragraphs (1), (2), and (3) of 

12 section 330(d) of the Tariff Act of 1930 (19 U.S.C. 

13 1330(d) (1), (2), and (3)) shall be applied with respect 

14 to determinations and findings made under this section 

15 as if such determinations and findings were made under 

16 section 202 of the Trade Act of 1974 (19 U.S.C. 2252). 

17 (c) ADDITIONAL FINDING AND RECOMMENDATION IF

18 DETERMINATION AFFIRMATIVE.— 

19 (1) IN GENERAL.—If the determination made 

20 by the Commission under subsection (a) with respect 

21 to imports of an article is affirmative, or if the 

22 President may consider a determination of the Com23 mission to be an affirmative determination as pro24 vided for under paragraph (1) of section 330(d) of 

25 the Tariff Act of 1930 (19 U.S.C. 1330(d)), the 


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1 Commission shall find, and recommend to the Presi2 dent in the report required under subsection (d), the 

3 amount of import relief that is necessary to remedy 

4 or prevent the injury found by the Commission in 

5 the determination and to facilitate the efforts of the 

6 domestic industry to make a positive adjustment to 

7 import competition. 

8 (2) LIMITATION ON RELIEF.—The import relief 

9 recommended by the Commission under this sub10 section shall be limited to the relief described in sec11 tion 643(c). 

12 (3) VOTING; SEPARATE VIEWS.—Only those 

13 members of the Commission who voted in the af14 firmative under subsection (a) are eligible to vote on 

15 the proposed action to remedy or prevent the injury 

16 found by the Commission. Members of the Commis17 sion who did not vote in the affirmative may submit, 

18 in the report required under subsection (d), separate 

19 views regarding what action, if any, should be taken 

20 to remedy or prevent the injury. 

21 (d) REPORT TO PRESIDENT.—Not later than the 

22 date that is 30 days after the date on which a determina23 tion is made under subsection (a) with respect to an inves24 tigation, the Commission shall submit to the President a 

25 report that includes— 


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1 (1) the determination made under subsection 

2 (a) and an explanation of the basis for the deter3 mination; 

4 (2) if the determination under subsection (a) is 

5 affirmative, any findings and recommendations for 

6 import relief made under subsection (c) and an ex7 planation of the basis for each recommendation; and 

8 (3) any dissenting or separate views by mem9 bers of the Commission regarding the determination 

10 referred to in paragraph (1) and any finding or rec11 ommendation referred to in paragraph (2). 

12 (e) PUBLIC NOTICE.—Upon submitting a report to 

13 the President under subsection (d), the Commission shall 

14 promptly make public the report (with the exception of 

15 information which the Commission determines to be con16 fidential) and shall publish a summary of the report in 

17 the Federal Register. 

18 SEC. 643. PROVISION OF RELIEF. 

19 (a) IN GENERAL.—Not later than the date that is 

20 30 days after the date on which the President receives the 

21 report of the Commission in which the Commission’s de22 termination under section 642(a) is affirmative, or which 

23 contains a determination under section 642(a) that the 

24 President considers to be affirmative under paragraph (1) 

25 of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 


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1 1330(d)(1)), the President, subject to subsection (b), shall 

2 provide relief from imports of the article that is the subject 

3 of such determination to the extent that the President de4 termines necessary to remedy or prevent the injury found 

5 by the Commission and to facilitate the efforts of the do6 mestic industry to make a positive adjustment to import 

7 competition. 

8 (b) EXCEPTION.—The President is not required to 

9 provide import relief under this section if the President 

10 determines that the provision of the import relief will not 

11 provide greater economic and social benefits than costs. 

12 (c) NATURE OF RELIEF.— 

13 (1) IN GENERAL.—The import relief that the 

14 President is authorized to provide under this section 

15 with respect to imports of an article is as follows: 

16 (A) The suspension of any further reduc17 tion provided for under Annex 2.3 of the Agree18 ment in the duty imposed on the article. 

19 (B) An increase in the rate of duty im20 posed on the article to a level that does not ex21 ceed the lesser of— 

22 (i) the column 1 general rate of duty 

23 imposed under the HTS on like articles at 

24 the time the import relief is provided; or 


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1 (ii) the column 1 general rate of duty 

2 imposed under the HTS on like articles on 

3 the day before the date on which the 

4 Agreement enters into force. 

5 (2) PROGRESSIVE LIBERALIZATION.—If the pe6 riod for which import relief is provided under this 

7 section is greater than 1 year, the President shall 

8 provide for the progressive liberalization (described 

9 in article 8.2.2 of the Agreement) of such relief at 

10 regular intervals during the period of its application. 

11 (d) PERIOD OF RELIEF.— 

12 (1) IN GENERAL.—Subject to paragraph (2), 

13 any import relief that the President provides under 

14 this section may not be in effect for more than 2 

15 years. 

16 (2) EXTENSION.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (C), the President, after receiving a de19 termination from the Commission under sub20 paragraph (B) that is affirmative, or which the 

21 President considers to be affirmative under 

22 paragraph (1) of section 330(d) of the Tariff 

23 Act of 1930 (19 U.S.C. 1330(d)(1)), may ex24 tend the effective period of any import relief 


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1 provided under this section by up to 2 years, if 

2 the President determines that— 

3 (i) the import relief continues to be 

4 necessary to remedy or prevent serious in5 jury and to facilitate adjustment by the do6 mestic industry to import competition; and 

7 (ii) there is evidence that the industry 

8 is making a positive adjustment to import 

9 competition. 

10 (B) ACTION BY COMMISSION.— 

11 (i) INVESTIGATION.—Upon a petition 

12 on behalf of the industry concerned that is 

13 filed with the Commission not earlier than 

14 the date that is 9 months, and not later 

15 than the date that is 6 months, before the 

16 date on which any action taken under sub17 section (a) is to terminate, the Commission 

18 shall conduct an investigation to determine 

19 whether action under this section continues 

20 to be necessary to remedy or prevent seri21 ous injury and whether there is evidence 

22 that the industry is making a positive ad23 justment to import competition. 

24 (ii) NOTICE AND HEARING.—The 

25 Commission shall publish notice of the 


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1 commencement of any proceeding under 

2 this subparagraph in the Federal Register 

3 and shall, within a reasonable time there4 after, hold a public hearing at which the 

5 Commission shall afford interested parties 

6 and consumers an opportunity to be 

7 present, to present evidence, and to re8 spond to the presentations of other parties 

9 and consumers, and otherwise to be heard. 

10 (iii) REPORT.—The Commission shall 

11 submit to the President a report on its in12 vestigation and determination under this 

13 subparagraph not later than 60 days be14 fore the action under subsection (a) is to 

15 terminate, unless the President specifies a 

16 different date. 

17 (C) PERIOD OF IMPORT RELIEF.—Any im18 port relief provided under this section, including 

19 any extensions thereof, may not, in the aggre20 gate, be in effect for more than 4 years. 

21 (e) RATE AFTER TERMINATION OF IMPORT RE22 LIEF.—When import relief under this section is termi23 nated with respect to an article— 

24 (1) the rate of duty on that article after such 

25 termination and on or before December 31 of the 


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1 year in which such termination occurs shall be the 

2 rate that, according to the Schedule of the United 

3 States to Annex 2.3 of the Agreement, would have 

4 been in effect 1 year after the provision of relief 

5 under subsection (a); and 

6 (2) the rate of duty for that article after De7 cember 31 of the year in which such termination oc8 curs shall be, at the discretion of the President, ei9 ther— 

10 (A) the applicable rate of duty for that ar11 ticle set forth in the Schedule of the United 

12 States to Annex 2.3 of the Agreement; or 

13 (B) the rate of duty resulting from the 

14 elimination of the tariff in equal annual stages 

15 ending on the date set forth in the Schedule of 

16 the United States to Annex 2.3 of the Agree17 ment for the elimination of the tariff. 

18 (f) ARTICLES EXEMPT FROM RELIEF.—No import 

19 relief may be provided under this section on— 

20 (1) any article that is subject to import relief 

21 under— 

22 (A) subtitle B; or 

23 (B) chapter 1 of title II of the Trade Act 

24 of 1974 (19 U.S.C. 2251 et seq.); or 


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1 (2) any article on which an additional duty as2 sessed under section 722(b) is in effect. 

3 SEC. 644. TERMINATION OF RELIEF AUTHORITY. 

4 (a) GENERAL RULE.—Subject to subsection (b), no 

5 import relief may be provided under this chapter after the 

6 date that is 10 years after the date on which the Agree7 ment enters into force. 

8 (b) EXCEPTION.—If an article for which relief is pro9 vided under this chapter is an article for which the period 

10 for tariff elimination, set forth in the Schedule of the 

11 United States to Annex 2.3 of the Agreement, is greater 

12 than 10 years, no relief under this subtitle may be pro13 vided for that article after the date on which that period 

14 ends. 

15 SEC. 645. COMPENSATION AUTHORITY. 

16 For purposes of section 123 of the Trade Act of 1974 

17 (19 U.S.C. 2133), any import relief provided by the Presi18 dent under section 643 shall be treated as action taken 

19 under chapter 1 of title II of such Act (19 U.S.C. 2251 

20 et seq.). 

21 SEC. 646. CONFIDENTIAL BUSINESS INFORMATION. 

22 Section 202(a)(8) of the Trade Act of 1974 (19 

23 U.S.C. 2252(a)(8)) is amended in the first sentence— 

24 (1) by striking ‘‘and’’; and 


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1 (2) by inserting before the period at the end ‘‘, 

2 and title III of the United States-Colombia Trade 

3 Promotion Agreement Implementation Act’’. 

4 CHAPTER 2—TEXTILE AND APPAREL 

5 SAFEGUARD MEASURES 

6 SEC. 651. COMMENCEMENT OF ACTION FOR RELIEF. 

7 (a) IN GENERAL.—A request for action under this 

8 chapter for the purpose of adjusting to the obligations of 

9 the United States under the Agreement may be filed with 

10 the President by an interested party. Upon the filing of 

11 a request, the President shall review the request to deter12 mine, from information presented in the request, whether 

13 to commence consideration of the request. 

14 (b) PUBLICATION OF REQUEST.—If the President de15 termines that the request under subsection (a) provides 

16 the information necessary for the request to be considered, 

17 the President shall publish in the Federal Register a no18 tice of commencement of consideration of the request, and 

19 notice seeking public comments regarding the request. The 

20 notice shall include a summary of the request and the 

21 dates by which comments and rebuttals must be received. 

22 SEC. 652. DETERMINATION AND PROVISION OF RELIEF. 

23 (a) DETERMINATION.— 

24 (1) IN GENERAL.—If a positive determination is 

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1 termine whether, as a result of the elimination of a 

2 duty under the Agreement, a Colombian textile or 

3 apparel article is being imported into the United 

4 States in such increased quantities, in absolute 

5 terms or relative to the domestic market for that ar6 ticle, and under such conditions as to cause serious 

7 damage, or actual threat thereof, to a domestic in8 dustry producing an article that is like, or directly 

9 competitive with, the imported article. 

10 (2) SERIOUS DAMAGE.—In making a deter11 mination under paragraph (1), the President— 

12 (A) shall examine the effect of increased 

13 imports on the domestic industry, as reflected 

14 in changes in such relevant economic factors as 

15 output, productivity, utilization of capacity, in16 ventories, market share, exports, wages, em17 ployment, domestic prices, profits and losses, 

18 and investment, no one of which is necessarily 

19 decisive; and 

20 (B) shall not consider changes in consumer 

21 preference or changes in technology in the 

22 United States as factors supporting a deter23 mination of serious damage or actual threat 

24 thereof. 

25 (b) PROVISION OF RELIEF.— 


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1 (1) IN GENERAL.—If a determination under 

2 subsection (a) is affirmative, the President may pro3 vide relief from imports of the article that is the 

4 subject of such determination, as provided in para5 graph (2), to the extent that the President deter6 mines necessary to remedy or prevent the serious 

7 damage and to facilitate adjustment by the domestic 

8 industry. 

9 (2) NATURE OF RELIEF.—The relief that the 

10 President is authorized to provide under this sub11 section with respect to imports of an article is an in12 crease in the rate of duty imposed on the article to 

13 a level that does not exceed the lesser of— 

14 (A) the column 1 general rate of duty im15 posed under the HTS on like articles at the 

16 time the import relief is provided; or 

17 (B) the column 1 general rate of duty im18 posed under the HTS on like articles on the 

19 day before the date on which the Agreement en20 ters into force. 

21 SEC. 653. PERIOD OF RELIEF. 

22 (a) IN GENERAL.—Subject to subsection (b), the im23 port relief that the President provides under section 

24 652(b) may not be in effect for more than 2 years. 

25 (b) EXTENSION.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 the President may extend the effective period of any 

3 import relief provided under this chapter for a pe4 riod of not more than 1 year, if the President deter5 mines that— 

6 (A) the import relief continues to be nec7 essary to remedy or prevent serious damage 

8 and to facilitate adjustment by the domestic in9 dustry to import competition; and 

10 (B) there is evidence that the industry is 

11 making a positive adjustment to import com12 petition. 

13 (2) LIMITATION.—Any relief provided under 

14 this chapter, including any extensions thereof, may 

15 not, in the aggregate, be in effect for more than 3 

16 years. 

17 SEC. 654. ARTICLES EXEMPT FROM RELIEF. 

18 The President may not provide import relief under 

19 this chapter with respect to an article if— 

20 (1) import relief previously has been provided 

21 under this chapter with respect to that article; or 

22 (2) the article is subject to import relief 

23 under— 

24 (A) chapter 1; or 


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1 (B) chapter 1 of title II of the Trade Act 

2 of 1974 (19 U.S.C. 2251 et seq.). 

3 SEC. 655. RATE AFTER TERMINATION OF IMPORT RELIEF. 

4 On the date on which import relief under this chapter 

5 is terminated with respect to an article, the rate of duty 

6 on that article shall be the rate that would have been in 

7 effect, but for the provision of such relief. 

8 SEC. 656. TERMINATION OF RELIEF AUTHORITY. 

9 No import relief may be provided under this chapter 

10 with respect to any article after the date that is 5 years 

11 after the date on which the Agreement enters into force. 

12 SEC. 657. COMPENSATION AUTHORITY. 

13 For purposes of section 123 of the Trade Act of 1974 

14 (19 U.S.C. 2133), any import relief provided by the Presi15 dent under this chapter shall be treated as action taken 

16 under chapter 1 of title II of such Act (19 U.S.C. 2251 

17 et seq.). 

18 SEC. 658. CONFIDENTIAL BUSINESS INFORMATION. 

19 The President may not release information received 

20 in connection with an investigation or determination under 

21 this chapter which the President considers to be confiden22 tial business information unless the party submitting the 

23 confidential business information had notice, at the time 

24 of submission, that such information would be released by 

25 the President, or such party subsequently consents to the 


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1 release of the information. To the extent a party submits 

2 confidential business information, the party shall also pro3 vide a nonconfidential version of the information in which 

4 the confidential business information is summarized or, if 

5 necessary, deleted. 

6 CHAPTER 3—CASES UNDER TITLE II OF 

7 THE TRADE ACT OF 1974 

8 SEC. 661. FINDINGS AND ACTION ON GOODS OF COLOMBIA. 

9 (a) EFFECT OF IMPORTS.—If, in any investigation 

10 initiated under chapter 1 of title II of the Trade Act of 

11 1974 (19 U.S.C. 2251 et seq.), the Commission makes an 

12 affirmative determination (or a determination which the 

13 President may treat as an affirmative determination under 

14 such chapter by reason of section 330(d) of the Tariff Act 

15 of 1930), the Commission shall also find (and report to 

16 the President at the time such injury determination is sub17 mitted to the President) whether imports of the article of 

18 Colombia that qualify as originating goods under section 

19 623(b) are a substantial cause of serious injury or threat 

20 thereof. 

21 (b) PRESIDENTIAL DETERMINATION REGARDING IM22 PORTS OF COLOMBIA.—In determining the nature and ex23 tent of action to be taken under chapter 1 of title II of 

24 the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the Presi25 dent may exclude from the action goods of Colombia with 


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1 respect to which the Commission has made a negative 

2 finding under subsection (a). 

3 Subtitle E—Procurement 

4 SEC. 671. ELIGIBLE PRODUCTS. 

5 Section 308(4)(A) of the Trade Agreements Act of 

6 1979 (19 U.S.C. 2518(4)(A)) is amended— 

7 (1) by striking ‘‘or’’ at the end of clause (vi); 

8 (2) by striking the period at the end of clause 

9 (vii) and inserting ‘‘; or’’; and 

10 (3) by adding at the end the following new 

11 clause: 

12 ‘‘(viii) a party to the United States13 Colombia Trade Promotion Agreement, a 

14 product or service of that country or in15 strumentality which is covered under that 

16 agreement for procurement by the United 

17 States.’’. 

18 Subtitle F—Offsets 

19 SEC. 681. CUSTOMS USER FEES. 

20 (a) IN GENERAL.—Section 13031(j)(3)(A) of the 

21 Consolidated Omnibus Budget Reconciliation Act of 1985 

22 (19 U.S.C. 58c(j)(3)(A)) shall be applied by extending by 

23 155 days the date in effect on the date of the enactment 

24 of this Act after which fees may not be charged under 


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1 paragraphs (9) and (10) of subsection (a) of such section 

2 13031. 

3 (b) OTHER FEES.—Section 13031(j)(3)(B)(i) of the 

4 Consolidated Omnibus Budget Reconciliation Act of 1985 

5 (19 U.S.C. 58c(j)(3)(B)(i)) shall be applied by extending 

6 by 155 days the date in effect on the date of the enact7 ment of this Act after which fees may not be charged 

8 under paragraphs (1) through (8) of subsection (a) of 

9 such section 13031. 

10 SEC. 682. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

11 TAXES. 

12 (a) CORPORATE ESTIMATED TAX DUE IN 2012.— 

13 The percentage under subparagraph (B) of section 401(1) 

14 of the Tax Increase Prevention and Reconciliation Act of 

15 2005 (Public Law 109–222; 26 U.S.C. 6655 note) in ef16 fect on the date of the enactment of this Act is increased 

17 by 1 percentage point. 

18 (b) CORPORATE ESTIMATED TAX DUE IN 2013.— 

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

20 of the Tax Increase Prevention and Reconciliation Act of 

21 2005 (Public Law 109–222; 26 U.S.C. 6655 note) in ef22 fect on the date of the enactment of this Act is increased 

23 by 2 percentage points. 


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1 TITLE VII—UNITED STATES-PAN2 AMA FREE TRADE AGREE3 MENT AND UNITED STATES4 KOREA FREE TRADE AGREE5 MENT 

6 SEC. 701. SENSE OF CONGRESS. 

7 It is the sense of Congress that the President should 

8 submit to Congress the United States-Panama Free Trade 

9 Agreement and United States-Korea Free Trade Agree10 ment and work to ensure the approval and entry into force 

11 of such Agreements with respect to the United States. 

12 TITLE VIII—REPEAL OF PATIENT 

13 PROTECTION AND AFFORD14 ABLE CARE ACT 

15 SEC. 801. REPEAL. 

16 Effective as of the enactment of the Patient Protec17 tion and Affordable Care Act, such Act is repealed, and 

18 the provisions of law amended or repealed by such Act 

19 are restored or revived as if such Act had not been en20 acted. 

Æ 


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