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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5264 Introduced in House (IH)]

110th CONGRESS
  2d Session
                                H. R. 5264

  To extend certain trade preference programs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2008

  Mr. Rangel introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To extend certain trade preference programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trade Preference Extension Act of 
2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) For more than 30 years, United States trade preference 
        programs, including title V of the Trade Act of 1974 (relating 
        to the Generalized System of Preferences or ``GSP''), the 
        Caribbean Basin Economic Recovery Act (``CBERA''), and the 
        Andean Trade Preference Act (``ATPA''), have played a vital 
        role in triggering sustainable economic growth in developing 
        countries, helping to spread the benefits of trade abroad, and 
        advancing United States trade policy goals.
            (2) The eligibility requirements of GSP, CBERA, and ATPA 
        programs have also provided important leverage to the United 
        States to promote improvements in beneficiary countries' trade 
        policies, protection of intellectual property rights, and 
        protection of internationally-recognized worker rights.
            (3) The GSP program currently is scheduled to expire on 
        December 31, 2008. The benefits under the CBERA program are 
        currently scheduled to expire on September 30, 2008. The ATPA 
        program is currently scheduled to expire on February 29, 2008.
            (4) It is important that the GSP, CBERA, and ATPA programs 
        are extended swiftly to ensure the continuation of benefits 
        that are critical to many developing countries and to provide 
        United States trading partners, as well as United States 
        manufacturers and retailers, the continuity and predictability 
        necessary to make business and investment decisions for the 
        near and longer term future.
            (5) An extension of the GSP, CBERA, and ATPA programs until 
        September 30, 2010, is appropriate in order to provide the 
        necessary continuity and predictability to affected parties and 
        to align the termination dates of the programs for ease of use 
        and administration.
            (6) The extension of the GSP, CBERA, and ATPA programs 
        until September 30, 2010, will also provide an opportunity for 
        Congress to evaluate the operation of the programs and make any 
        necessary changes to the programs and other trade preference 
        programs to ensure that the programs continue to promote the 
        interests of both United States workers, farmers, and 
        businesses and developing countries, particularly least 
        developed and low income developing countries, seeking to 
        expand and improve their economies through increased trade.

SEC. 3. GENERALIZED SYSTEM OF PREFERENCES.

    (a) Extension.--Section 505 of the Trade Act of 1974 (19 U.S.C. 
2465) is amended by striking ``December 31, 2008'' and inserting 
``September 30, 2010''.
    (b) Limits on Revoking Waivers of Competitive Need Limitation.--
Section 503(d)(4)(B) of the Trade Act of 1974 (19 U.S.C. 2463(d)(4)(B)) 
is amended--
            (1) in clause (ii), by striking ``Not later than'' and 
        inserting ``Subject to clause (iii), not later than''; and
            (2) by adding at the end the following:
                    ``(iii) The President may not revoke any waiver 
                pursuant to clause (ii) with respect to an article 
                unless the United States International Trade Commission 
                affirmatively determines that--
                            ``(I) revocation of the waiver will not 
                        reduce the level of exports of the article 
                        below the level of exports of the article 
                        entered during the calendar year reviewed by 
                        the President under clause (ii) from the 
                        beneficiary developing country to the United 
                        States; and
                            ``(II) revocation of the waiver will not 
                        benefit one or more countries that are not 
                        designated as beneficiary developing countries 
                        for purposes of this title.''.
    (c) Review of Revoked Waivers of Competitive Need Limitation.--Not 
later than 60 days after the date of the enactment of this Act, the 
President shall--
            (1) review any waiver of the application of subsection 
        (c)(2) of section 503 of the Trade Act of 1974 (19 U.S.C. 2463) 
        pursuant to subsection (d) of such section with respect to any 
        eligible article of a beneficiary developing country that was 
        revoked pursuant to subsection (d)(4)(B)(ii) of such section; 
        and
            (2) reinstate the waiver unless the United States 
        International Trade Commission affirmatively determines that--
                    (A) revocation of the waiver will not reduce the 
                level of exports of the article below the level of 
                exports of the article entered during the calendar year 
                reviewed by the President under subsection 
                (d)(4)(B)(ii) of such section from the beneficiary 
                developing country to the United States; and
                    (B) revocation of the waiver will not benefit one 
                or more countries that are not designated as 
                beneficiary developing countries for purposes of title 
                V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.).
    (d) Sense of Congress.--It is the sense of Congress that--
            (1) the gains from a prospective agreement resulting from 
        the World Trade Organization (WTO) Doha Development Round would 
        far outweigh any preference erosion experienced by 
        beneficiaries of United States trade preference programs;
            (2) studies by the World Bank, the International Monetary 
        Fund, and several private researchers have consistently found 
        that the overall impact of preference erosion is limited and 
        that the benefits of Most-Favored-Nation (MFN) tariff reduction 
        under the Doha Development Round far outweigh any costs in the 
        form of preference erosion; and
            (3) therefore, preference erosion should not be used as a 
        basis for not agreeing to a comprehensive Doha Development 
        Round agreement that will deliver significant new benefits to 
        all WTO members.

SEC. 4. CARIBBEAN BASIN ECONOMIC RECOVERY ACT.

    Section 213(b) of the Caribbean Basin Economic Recovery Act (19 
U.S.C. 2703(b)) is amended--
            (1) in paragraph (2)(A)--
                    (A) in clause (iii)--
                            (i) in subclause (II)(cc), by striking 
                        ``2008'' and inserting ``2010''; and
                            (ii) in subclause (IV)(dd), by striking 
                        ``2008'' and inserting ``2010''; and
                    (B) in clause (iv)(II), by striking ``6'' and 
                inserting ``8''; and
            (2) in paragraph (5)(D)--
                    (A) in clause (i), by striking ``2008'' and 
                inserting ``2010''; and
                    (B) in clause (ii), by striking ``108(b)(5)'' and 
                inserting ``section 108(b)(5)''.

SEC. 5. ANDEAN TRADE PREFERENCE ACT.

    (a) Extension.--Section 208(a) of the Andean Trade Preference Act 
(19 U.S.C. 3206(a)) is amended by striking ``February 29, 2008'' and 
inserting ``September 30, 2010''.
    (b) Treatment of Certain Apparel Articles.--Section 204(b)(3) of 
the Andean Trade Preference Act (19 U.S.C. 3203(b)(3)(B)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (iii)--
                            (i) in subclause (II), by striking ``5 
                        succeeding 1-year periods'' and inserting ``7 
                        succeeding 1-year periods''; and
                            (ii) in subclause (III)(bb), by inserting 
                        ``and for each of the 2 succeeding 1-year 
                        periods'' after ``for the 1-year period 
                        beginning October 1, 2007''; and
                    (B) in clause (v)(II), by striking ``4 succeeding 
                1-year periods'' and inserting ``6 succeeding 1-year 
                periods''; and
            (2) in subparagraph (E)(ii)(II), by striking ``December 31, 
        2006'' and inserting ``September 30, 2010''.
    (c) Sense of Congress.--It is the sense of Congress that--
            (1) the Andean Trade Preference Act (``ATPA'') is a 
        critical tool for promoting development in Bolivia, Colombia, 
        Ecuador, and Peru, and provides important incentives for 
        eligible beneficiary countries to diversify their economies 
        away from narcotics;
            (2) the eligibility criteria of the ATPA program--set out 
        in sections 203(c) and (d) and 204(b)(6)(B) of the Andean Trade 
        Preference Act--are a fundamental aspect of the program; and
            (3) Bolivia, Colombia, Ecuador, and Peru should fully and 
        rigorously comply with the eligibility criteria of the ATPA 
        program and the United States should carefully monitor 
        compliance with the eligibility criteria by these countries to 
        ensure that the eligibility criteria are being fully and 
        rigorously satisfied.

SEC. 6. AFRICAN GROWTH AND OPPORTUNITY ACT.

    (a) In General.--Section 112(c) of the African Growth and 
Opportunity Act (19 U.S.C. 3721(c)) is amended--
            (1) in paragraph (1), by striking ``, and subject to 
        paragraph (2),'';
            (2) by striking paragraphs (2) and (3);
            (3) by redesignating paragraph (4) as paragraph (2); and
            (4) by striking paragraph (5) and inserting the following:
            ``(3) Definition.--In this subsection, the term `lesser 
        developed beneficiary sub-Saharan African country' means--
                    ``(A) a beneficiary sub-Saharan African country 
                that had a per capita gross national product of less 
                than $1,500 in 1998, as measured by the International 
                Bank for Reconstruction and Development;
                    ``(B) Botswana;
                    ``(C) Namibia; and
                    ``(D) Mauritius.''.
    (b) Applicability.--
            (1) In general.--The amendments made by subsection (a) 
        apply to goods entered, or withdrawn from warehouse for 
        consumption, on or after the 15th day after the date of the 
        enactment of this Act.
            (2) Retroactive application.--Notwithstanding section 514 
        of the Tariff Act of 1930 (19 U.S.C. 1514) or any other 
        provision of law, upon proper request filed with U.S. Customs 
        and Border Protection before the 90th day after the date of the 
        enactment of this Act, if--
                    (A) an entry, or withdrawal from warehouse for 
                consumption, of a good was made on or after October 1, 
                2005, and before the 15th day after the date of the 
                enactment of this Act, and
                    (B) there would have been no duty with respect to 
                such entry or withdrawal if the amendments made by 
                subsection (a) applied to such entry or withdrawal,
        such entry or withdrawal shall be liquidated or reliquidated as 
        if such amendments applied to such entry or withdrawal.
    (c) Clerical Amendment.--Section 6002(a)(2)(B) of Public Law 109-
432 is amended by striking ``(B) by striking'' and inserting ``(B) in 
paragraph (3), by striking''.
                                 <all>
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