I 

108TH CONGRESS 

2D SESSION H. R. 4889

To expand certain preferential trade treatment for Haiti. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 21, 2004

Mr. SHAW (for himself, Mr. PORTMAN, Mr. FOLEY, Ms. HARRIS, Mr. GOSS, 

Ms. ROS-LEHTINEN, Mr. MEEK of Florida, Mr. LINCOLN DIAZ-BALART

of Florida, and Mr. OBERSTAR) introduced the following bill; which was 

referred to the Committee on Ways and Means 

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 ‘‘(e) CONDITIONS REGARDING ENFORCEMENT OF

16 CIRCUMVENTION.—

17 ‘‘(1) IN GENERAL.—The preferential treatment 

18 under subsection (b) shall not apply unless the 

19 President certifies to Congress that Haiti is meeting 

20 the following conditions: 

21 ‘‘(A) Haiti has adopted an effective visa 

22 system, domestic laws, and enforcement proce23 dures applicable to articles described in sub24 section (b) to prevent unlawful transshipment 

25 of the articles and the use of counterfeit docu-
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1 ments relating to the importation of the articles 

2 into the United States. 

3 ‘‘(B) Haiti has enacted legislation or pro4 mulgated regulations that would permit the Bu5 reau of Customs and Border Protection 

6 verification teams to have the access necessary 

7 to investigate thoroughly allegations of trans8 shipment through such country. 

9 ‘‘(C) Haiti agrees to report, on a timely 

10 basis, at the request of the Bureau of Customs 

11 and Border Protection, on the total exports 

12 from and imports into that country of articles 

13 described in subsection (b), consistent with the 

14 manner in which the records are kept by Haiti. 

15 ‘‘(D) Haiti agrees to cooperate fully with 

16 the United States to address and take action 

17 necessary to prevent circumvention. 

18 ‘‘(E) Haiti agrees to require all producers 

19 and exporters of articles described in subsection 

20 (b) in that country to maintain complete 

21 records of the production and the export of the 

22 articles, including materials used in the produc23 tion, for at least 2 years after the production or 

24 export (as the case may be). 
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1 ‘‘(F) Haiti agrees to report, on a timely 

2 basis, at the request of the Bureau of Customs 

3 and Border Protection, documentation estab4 lishing the country of origin of articles de5 scribed in subsection (b) as used by that coun6 try in implementing an effective visa system. 

7 ‘‘(2) DEFINITIONS.—In this subsection: 

8 ‘‘(A) CIRCUMVENTION.—The term ‘cir9 cumvention’ means any action involving the 

10 provision of a false declaration or false informa11 tion for the purpose of, or with the effect of, 

12 violating or evading existing customs, country 

13 of origin labeling, or trade laws of the United 

14 States or Haiti relating to imports of textile 

15 and apparel goods, if such action results—

16 ‘‘(i) in the avoidance of tariffs, 

17 quotas, embargoes, prohibitions, restric18 tions, trade remedies, including anti19 dumping or countervailing duties, or safe20 guard measures; or 

21 ‘‘(ii) in obtaining preferential tariff 

22 treatment. 

23 ‘‘(B) TRANSSHIPMENT.—The term ‘trans24 shipment’ has the meaning given such term 

25 under section 213(b)(2)(D)(iii).’’. 
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1 (b) EFFECTIVE DATE.—

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

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

4 or withdrawn from warehouse for consumption, on 

5 or after October 1, 2003. 

6 (2) RETROACTIVE APPLICATION TO CERTAIN

7 ENTRIES.—Notwithstanding section 514 of the Tar8 iff Act of 1930 (19 U.S.C. 1514) or any other provi9 sion of law, upon proper request filed with the 

10 United States Customs Service before the 90th day 

11 after the date of the enactment of this Act, any 

12 entry or withdrawal from warehouse for consump13 tion, of any goods described in the amendment made 

14 by subsection (a)—

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

16 2003, and before the date of the enactment of 

17 this Act, and 

18 (B) with respect to which there would have 

19 been no duty if the amendment made by sub20 section (a) applied to such entry or withdrawal, 

21 shall be liquidated or reliquidated as though 

22 such amendment applied to such entry or with23 drawal.

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