II 

108TH CONGRESS 

2D SESSION S. 2261

To expand certain preferential trade treatment for Haiti. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2004

Mr. DEWINE (for himself, Mr. GRAHAM of Florida, Mr. LUGAR, Mr. BAUCUS, 

Mr. CHAFEE, Mr. DODD, Mr. NELSON of Florida, Mr. VOINOVICH, and 

Mr. SUNUNU) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL

To expand certain preferential trade treatment for Haiti.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Haiti Economic Recov5 ery Opportunity Act of 2004’’. 

6 SEC. 2. TRADE BENEFITS TO HAITI. 

7 (a) IN GENERAL.—The Caribbean Basin Economic 

8 Recovery Act (19 U.S.C. 2701 et seq.) is amended by in9 serting after section 213 the following new section: 
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1 ‘‘SEC. 213A. SPECIAL RULE FOR HAITI. 

2 ‘‘(a) IN GENERAL.—In addition to any other pref3 erential treatment under this Act, beginning on October 

4 1, 2003, and in each of the 7 succeeding 1-year periods, 

5 apparel articles described in subsection (b) that are im6 ported directly into the customs territory of the United 

7 States from Haiti shall enter the United States free of 

8 duty, subject to the limitations described in subsections 

9 (b) and (c), if Haiti has satisfied the requirements set 

10 forth in subsection (d). 

11 ‘‘(b) APPAREL ARTICLES DESCRIBED.—Apparel arti12 cles described in this subsection are apparel articles that 

13 are wholly assembled or knit-to-shape in Haiti from any 

14 combination of fabrics, fabric components, components 

15 knit-to-shape, and yarns without regard to the country of 

16 origin of the fabrics, components, or yarns. 

17 ‘‘(c) PREFERENTIAL TREATMENT.—The preferential 

18 treatment described in subsection (a), shall be extended— 

19 ‘‘(1) during the 12-month period beginning on 

20 October 1, 2003, to a quantity of apparel articles 

21 that is equal to 1.5 percent of the aggregate square 

22 meter equivalents of all apparel articles imported 

23 into the United States during the 12-month period 

24 beginning October 1, 2002; and 
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1 ‘‘(2) during the 12-month period beginning on 

2 October 1 of each succeeding year, to a quantity of 

3 apparel articles that is equal to the product of— 

4 ‘‘(A) the percentage applicable during the 

5 previous 12-month period plus 0.5 percent (but 

6 not over 3.5 percent); and 

7 ‘‘(B) the aggregate square meter equiva8 lents of all apparel articles imported into the 

9 United States during the 12-month period that 

10 ends on September 30 of that year. 

11 ‘‘(d) ELIGIBILITY REQUIREMENTS.—Haiti shall be 

12 eligible for preferential treatment under this section if the 

13 President determines and certifies to Congress that 

14 Haiti— 

15 ‘‘(1) has established, or is making continual 

16 progress toward establishing— 

17 ‘‘(A) a market-based economy that protects 

18 private property rights, incorporates an open 

19 rules-based trading system, and minimizes gov20 ernment interference in the economy through 

21 measures such as price controls, subsidies, and 

22 government ownership of economic assets; 

23 ‘‘(B) the rule of law, political pluralism, 

24 and the right to due process, a fair trial, and 

25 equal protection under the law; 
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1 ‘‘(C) the elimination of barriers to United 

2 States trade and investment, including by— 

3 ‘‘(i) the provision of national treat4 ment and measures to create an environ5 ment conducive to domestic and foreign in6 vestment; 

7 ‘‘(ii) the protection of intellectual 

8 property; and 

9 ‘‘(iii) the resolution of bilateral trade 

10 and investment disputes; 

11 ‘‘(D) economic policies to reduce poverty, 

12 increase the availability of health care and edu13 cational opportunities, expand physical infra14 structure, promote the development of private 

15 enterprise, and encourage the formation of cap16 ital markets through microcredit or other pro17 grams; 

18 ‘‘(E) a system to combat corruption and 

19 bribery, such as signing and implementing the 

20 Convention on Combating Bribery of Foreign 

21 Public Officials in International Business 

22 Transactions; and 

23 ‘‘(F) protection of internationally recog24 nized worker rights, including the right of asso25 ciation, the right to organize and bargain collec-
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1 tively, a prohibition on the use of any form of 

2 forced or compulsory labor, a minimum age for 

3 the employment of children, and acceptable con4 ditions of work with respect to minimum wages, 

5 hours of work, and occupational safety and 

6 health; 

7 ‘‘(2) does not engage in activities that under8 mine United States national security or foreign pol9 icy interests; and 

10 ‘‘(3) does not engage in gross violations of 

11 internationally recognized human rights or provide 

12 support for acts of international terrorism and co13 operates in international efforts to eliminate human 

14 rights violations and terrorist activities.’’. 

15 (b) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—The amendment made by 

17 subsection (a) applies with respect to goods entered, 

18 or withdrawn from warehouse for consumption, on 

19 or after October 1, 2003. 

20 (2) RETROACTIVE APPLICATION TO CERTAIN

21 ENTRIES.—Notwithstanding section 514 of the Tar22 iff Act of 1930 (19 U.S.C. 1514) or any other provi23 sion of law, upon proper request filed with the Cus24 toms Service before the 90th day after the date of 

25 the enactment of this Act, any entry or withdrawal 
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1 from warehouse for consumption, of any goods de2 scribed in the amendment made by subsection (a)— 

3 (A) that was made on or after October 1, 

4 2003, and before the date of the enactment of 

5 this Act, and 

6 (B) with respect to which there would have 

7 been no duty if the amendment made by sub8 section (a) applied to such entry or withdrawal, 

9 shall be liquidated or reliquidated as though such 

10 amendment applied to such entry or withdrawal.

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