II 

112TH CONGRESS 

1ST SESSION H. R. 3078 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 12, 2011 

Received 

AN ACT 

To implement the United States–Colombia Trade Promotion 

Agreement. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘United States–Colombia Trade Promotion Agreement 

4 Implementation Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING 

TO, THE AGREEMENT 

Sec. 101. Approval and entry into force of the Agreement. 

Sec. 102. Relationship of the Agreement to United States and State law. 

Sec. 103. Implementing actions in anticipation of entry into force and initial 

regulations. 

Sec. 104. Consultation and layover provisions for, and effective date of, proclaimed actions. 

Sec. 105. Administration of dispute settlement proceedings. 

Sec. 106. Arbitration of claims. 

Sec. 107. Effective dates; effect of termination. 

TITLE II—CUSTOMS PROVISIONS 

Sec. 201. Tariff modifications. 

Sec. 202. Additional duties on certain agricultural goods. 

Sec. 203. Rules of origin. 

Sec. 204. Customs user fees. 

Sec. 205. Disclosure of incorrect information; false certifications of origin; denial of preferential tariff treatment. 

Sec. 206. Reliquidation of entries. 

Sec. 207. Recordkeeping requirements. 

Sec. 208. Enforcement relating to trade in textile or apparel goods. 

Sec. 209. Regulations. 

TITLE III—RELIEF FROM IMPORTS 

Sec. 301. Definitions. 

Subtitle A—Relief From Imports Benefitting From the Agreement 

Sec. 311. Commencing of action for relief. 

Sec. 312. Commission action on petition. 

Sec. 313. Provision of relief. 

Sec. 314. Termination of relief authority. 

Sec. 315. Compensation authority. 

Sec. 316. Confidential business information. 

Subtitle B—Textile and Apparel Safeguard Measures 


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Sec. 321. Commencement of action for relief. 

Sec. 322. Determination and provision of relief. 

Sec. 323. Period of relief. 

Sec. 324. Articles exempt from relief. 

Sec. 325. Rate after termination of import relief. 

Sec. 326. Termination of relief authority. 

Sec. 327. Compensation authority. 

Sec. 328. Confidential business information. 

Subtitle C—Cases Under Title II of the Trade Act of 1974 

Sec. 331. Findings and action on Colombian articles. 

TITLE IV—PROCUREMENT 

Sec. 401. Eligible products. 

TITLE V—EXTENSION OF ANDEAN TRADE PREFERENCE ACT 

Sec. 501. Extension of Andean Trade Preference Act. 

TITLE VI—OFFSETS 

Sec. 601. Elimination of certain NAFTA customs fees exemption. 

Sec. 602. Extension of customs user fees. 

Sec. 603. Time for payment of corporate estimated taxes. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to approve and implement the free trade 

4 agreement between the United States and Colombia 

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

6 of the Bipartisan Trade Promotion Authority Act of 

7 2002 (19 U.S.C. 3803(b)); 

8 (2) to strengthen and develop economic rela9 tions between the United States and Colombia for 

10 their mutual benefit; 

11 (3) to establish free trade between the United 

12 States and Colombia through the reduction and 

13 elimination of barriers to trade in goods and services 

14 and to investment; and 


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1 (4) to lay the foundation for further coopera2 tion to expand and enhance the benefits of the 

3 Agreement. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

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

7 means the United States–Colombia Trade Promotion 

8 Agreement approved by Congress under section 

9 101(a)(1). 

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

11 means the United States International Trade Com12 mission. 

13 (3) HTS.—The term ‘‘HTS’’ means the Har14 monized Tariff Schedule of the United States. 

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

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

17 Annex to the Agreement on Textiles and Clothing 

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

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

20 other than a good listed in Annex 3-C of the Agree21 ment. 


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1 TITLE I—APPROVAL OF, AND 

2 GENERAL PROVISIONS RE3 LATING TO, THE AGREEMENT 

4 SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE 

5 AGREEMENT. 

6 (a) APPROVAL OF AGREEMENT AND STATEMENT OF

7 ADMINISTRATIVE ACTION.—Pursuant to section 2105 of 

8 the Bipartisan Trade Promotion Authority Act of 2002 

9 (19 U.S.C. 3805) and section 151 of the Trade Act of 

10 1974 (19 U.S.C. 2191), Congress approves— 

11 (1) the United States–Colombia Trade Pro12 motion Agreement entered into on November 22, 

13 2006, with the Government of Colombia, as amend14 ed on June 28, 2007, by the United States and Co15 lombia, and submitted to Congress on October 3, 

16 2011; and 

17 (2) the statement of administrative action pro18 posed to implement the Agreement that was sub19 mitted to Congress on October 3, 2011. 

20 (b) CONDITIONS FOR ENTRY INTO FORCE OF THE

21 AGREEMENT.—At such time as the President determines 

22 that Colombia has taken measures necessary to comply 

23 with those provisions of the Agreement that are to take 

24 effect on the date on which the Agreement enters into 

25 force, the President is authorized to exchange notes with 


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1 the Government of Colombia providing for the entry into 

2 force, on or after January 1, 2012, of the Agreement with 

3 respect to the United States. 

4 SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED 

5 STATES AND STATE LAW. 

6 (a) RELATIONSHIP OF AGREEMENT TO UNITED

7 STATES LAW.— 

8 (1) UNITED STATES LAW TO PREVAIL IN CON9 FLICT.—No provision of the Agreement, nor the ap10 plication of any such provision to any person or cir11 cumstance, which is inconsistent with any law of the 

12 United States shall have effect. 

13 (2) CONSTRUCTION.—Nothing in this Act shall 

14 be construed— 

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

16 United States, or 

17 (B) to limit any authority conferred under 

18 any law of the United States, 

19 unless specifically provided for in this Act. 

20 (b) RELATIONSHIP OF AGREEMENT TO STATE

21 LAW.— 

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

23 application thereof, may be declared invalid as to 

24 any person or circumstance on the ground that the 

25 provision or application is inconsistent with the 


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1 Agreement, except in an action brought by the 

2 United States for the purpose of declaring such law 

3 or application invalid. 

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

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

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

7 State; and 

8 (B) any State law regulating or taxing the 

9 business of insurance. 

10 (c) EFFECT OF AGREEMENT WITH RESPECT TO PRI11 VATE REMEDIES.—No person other than the United 

12 States— 

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

14 under the Agreement or by virtue of congressional 

15 approval thereof; or 

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

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

18 department, agency, or other instrumentality of the 

19 United States, any State, or any political subdivision 

20 of a State, on the ground that such action or inac21 tion is inconsistent with the Agreement. 

22 SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF 

23 ENTRY INTO FORCE AND INITIAL REGULA24 TIONS. 

25 (a) IMPLEMENTING ACTIONS.— 


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1 (1) PROCLAMATION AUTHORITY.—After the 

2 date of the enactment of this Act— 

3 (A) the President may proclaim such ac4 tions, and 

5 (B) other appropriate officers of the 

6 United States Government may issue such reg7 ulations, 

8 as may be necessary to ensure that any provision of 

9 this Act, or amendment made by this Act, that takes 

10 effect on the date on which the Agreement enters 

11 into force is appropriately implemented on such 

12 date, but no such proclamation or regulation may 

13 have an effective date earlier than the date on which 

14 the Agreement enters into force. 

15 (2) EFFECTIVE DATE OF CERTAIN PROCLAIMED

16 ACTIONS.—Any action proclaimed by the President 

17 under the authority of this Act that is not subject 

18 to the consultation and layover provisions under sec19 tion 104 may not take effect before the 15th day 

20 after the date on which the text of the proclamation 

21 is published in the Federal Register. 

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

23 day restriction contained in paragraph (2) on the 

24 taking effect of proclaimed actions is waived to the 

25 extent that the application of such restriction would 


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1 prevent the taking effect on the date on which the 

2 Agreement enters into force of any action pro3 claimed under this section. 

4 (b) INITIAL REGULATIONS.—Initial regulations nec5 essary or appropriate to carry out the actions required by 

6 or authorized under this Act or proposed in the statement 

7 of administrative action submitted under section 

8 101(a)(2) to implement the Agreement shall, to the max9 imum extent feasible, be issued within 1 year after the 

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

11 of any implementing action that takes effect on a date 

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

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

14 maximum extent feasible, be issued within 1 year after 

15 such effective date. 

16 SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, 

17 AND EFFECTIVE DATE OF, PROCLAIMED AC18 TIONS. 

19 If a provision of this Act provides that the implemen20 tation of an action by the President by proclamation is 

21 subject to the consultation and layover requirements of 

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

23 (1) the President has obtained advice regarding 

24 the proposed action from— 


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1 (A) the appropriate advisory committees 

2 established under section 135 of the Trade Act 

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

4 (B) the Commission; 

5 (2) the President has submitted to the Com6 mittee on Finance of the Senate and the Committee 

7 on Ways and Means of the House of Representatives 

8 a report that sets forth— 

9 (A) the action proposed to be proclaimed 

10 and the reasons therefor; and 

11 (B) the advice obtained under paragraph 

12 (1); 

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

14 the first day on which the requirements set forth in 

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

16 and 

17 (4) the President has consulted with the com18 mittees referred to in paragraph (2) regarding the 

19 proposed action during the period referred to in 

20 paragraph (3). 

21 SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PRO22 CEEDINGS. 

23 (a) ESTABLISHMENT OR DESIGNATION OF OFFICE.— 

24 The President is authorized to establish or designate with25 in the Department of Commerce an office that shall be 


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1 responsible for providing administrative assistance to pan2 els established under chapter 21 of the Agreement. The 

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

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

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated for each fiscal year after 

7 fiscal year 2011 to the Department of Commerce up to 

8 $262,500 for the establishment and operations of the of9 fice established or designated under subsection (a) and for 

10 the payment of the United States share of the expenses 

11 of panels established under chapter 21 of the Agreement. 

12 SEC. 106. ARBITRATION OF CLAIMS. 

13 The United States is authorized to resolve any claim 

14 against the United States covered by article 

15 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agree16 ment, pursuant to the Investor-State Dispute Settlement 

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

18 Agreement. 

19 SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION. 

20 (a) EFFECTIVE DATES.—Except as provided in sub21 section (b) and title V, this Act and the amendments made 

22 by this Act take effect on the date on which the Agreement 

23 enters into force. 

24 (b) EXCEPTIONS.— 


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1 (1) IN GENERAL.—Sections 1 through 3, this 

2 title, and title VI take effect on the date of the en3 actment of this Act. 

4 (2) CERTAIN AMENDATORY PROVISIONS.—The 

5 amendments made by sections 204, 205, 207, and 

6 401 of this Act take effect on the date of the enact7 ment of this Act and apply with respect to Colombia 

8 on the date on which the Agreement enters into 

9 force. 

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

11 date on which the Agreement terminates, this Act (other 

12 than this subsection and titles V and VI) and the amend13 ments made by this Act (other than the amendments made 

14 by titles V and VI) shall cease to have effect. 

15 TITLE II—CUSTOMS PROVISIONS 

16 SEC. 201. TARIFF MODIFICATIONS. 

17 (a) TARIFF MODIFICATIONS PROVIDED FOR IN THE

18 AGREEMENT.— 

19 (1) PROCLAMATION AUTHORITY.—The Presi20 dent may proclaim— 

21 (A) such modifications or continuation of 

22 any duty, 

23 (B) such continuation of duty-free or ex24 cise treatment, or 

25 (C) such additional duties, 


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1 as the President determines to be necessary or ap2 propriate to carry out or apply articles 2.3, 2.5, 2.6, 

3 and 3.3.13, and Annex 2.3, of the Agreement. 

4 (2) EFFECT ON GSP STATUS.—Notwithstanding 

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

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

7 on which the Agreement enters into force, terminate 

8 the designation of Colombia as a beneficiary devel9 oping country for purposes of title V of the Trade 

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

11 (3) EFFECT ON ATPA STATUS.—Notwith12 standing section 203(a)(1) of the Andean Trade 

13 Preference Act (19 U.S.C. 3202(a)(1)), the Presi14 dent shall, on the date on which the Agreement en15 ters into force, terminate the designation of Colom16 bia as a beneficiary country for purposes of that 

17 Act. 

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

19 consultation and layover provisions of section 104, the 

20 President may proclaim— 

21 (1) such modifications or continuation of any 

22 duty, 

23 (2) such modifications as the United States 

24 may agree to with Colombia regarding the staging of 


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1 any duty treatment set forth in Annex 2.3 of the 

2 Agreement, 

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

4 treatment, or 

5 (4) such additional duties, 

6 as the President determines to be necessary or appropriate 

7 to maintain the general level of reciprocal and mutually 

8 advantageous concessions with respect to Colombia pro9 vided for by the Agreement. 

10 (c) CONVERSION TO AD VALOREM RATES.—For pur11 poses of subsections (a) and (b), with respect to any good 

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

13 States to Annex 2.3 of the Agreement is a specific or com14 pound rate of duty, the President may substitute for the 

15 base rate an ad valorem rate that the President deter16 mines to be equivalent to the base rate. 

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

18 tariff rate quotas set forth in Appendix I to the General 

19 Notes to the Schedule of the United States to Annex 2.3 

20 of the Agreement, the President shall take such action as 

21 may be necessary to ensure that imports of agricultural 

22 goods do not disrupt the orderly marketing of commodities 

23 in the United States. 


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1 SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICUL2 TURAL GOODS. 

3 (a) DEFINITIONS.—In this section: 

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

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

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

7 duty equal to the lowest of— 

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

9 United States to Annex 2.3 of the Agreement; 

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

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

12 Agreement enters into force, apply to a good 

13 classifiable in the same 8-digit subheading of 

14 the HTS as the safeguard good; or 

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

16 would, at the time the additional duty is im17 posed under subsection (b), apply to a good 

18 classifiable in the same 8-digit subheading of 

19 the HTS as the safeguard good. 

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

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

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

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

24 Annex 2.3 of the Agreement. 

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

26 good’’ means a good— 


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

2 United States to Annex 2.18 of the Agreement; 

3 (B) that qualifies as an originating good 

4 under section 203, except that operations per5 formed in or material obtained from the United 

6 States shall be considered as if the operations 

7 were performed in, or the material was obtained 

8 from, a country that is not a party to the 

9 Agreement; and 

10 (C) for which a claim for preferential tariff 

11 treatment under the Agreement has been made. 

12 (4) YEAR 1 OF THE AGREEMENT.—The term 

13 ‘‘year 1 of the Agreement’’ means the period begin14 ning on the date, in a calendar year, on which the 

15 Agreement enters into force and ending on Decem16 ber 31 of that calendar year. 

17 (5) YEARS OTHER THAN YEAR 1 OF THE

18 AGREEMENT.—Any reference to a year of the Agree19 ment subsequent to year 1 of the Agreement shall 

20 be deemed to be a reference to the corresponding 

21 calendar year in which the Agreement is in force. 

22 (b) ADDITIONAL DUTIES ON SAFEGUARD GOODS.— 

23 (1) IN GENERAL.—In addition to any duty pro24 claimed under subsection (a) or (b) of section 201, 

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


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

2 safeguard good imported into the United States in 

3 a calendar year if the Secretary determines that, 

4 prior to such importation, the total volume of that 

5 safeguard good that is imported into the United 

6 States in that calendar year exceeds 140 percent of 

7 the volume that is provided for that safeguard good 

8 in the corresponding year in the applicable table 

9 contained in Appendix I of the General Notes to the 

10 Schedule of the United States to Annex 2.3 of the 

11 Agreement. For purposes of this subsection, year 1 

12 in the table means year 1 of the Agreement. 

13 (2) CALCULATION OF ADDITIONAL DUTY.—The 

14 additional duty on a safeguard good under this sub15 section shall be— 

16 (A) in year 1 of the Agreement through 

17 year 4 of the Agreement, an amount equal to 

18 100 percent of the excess of the applicable NTR 

19 (MFN) rate of duty over the schedule rate of 

20 duty; 

21 (B) in year 5 of the Agreement through 

22 year 7 of the Agreement, an amount equal to 

23 75 percent of the excess of the applicable NTR 

24 (MFN) rate of duty over the schedule rate of 

25 duty; and 


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1 (C) in year 8 of the Agreement through 

2 year 9 of the Agreement, an amount equal to 

3 50 percent of the excess of the applicable NTR 

4 (MFN) rate of duty over the schedule rate of 

5 duty. 

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

7 date on which the Secretary of the Treasury first as8 sesses an additional duty in a calendar year on a 

9 good under this subsection, the Secretary shall no10 tify the Government of Colombia in writing of such 

11 action and shall provide to that Government data 

12 supporting the assessment of the additional duty. 

13 (c) EXCEPTIONS.—No additional duty shall be as14 sessed on a good under subsection (b) if, at the time of 

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

16 (1) subtitle A of title III of this Act; or 

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

18 1974 (19 U.S.C. 2251 et seq.). 

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

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

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

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

23 United States to Annex 2.3 of the Agreement. 


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1 SEC. 203. RULES OF ORIGIN. 

2 (a) APPLICATION AND INTERPRETATION.—In this 

3 section: 

4 (1) TARIFF CLASSIFICATION.—The basis for 

5 any tariff classification is the HTS. 

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

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

8 subheading, such reference shall be a reference to a 

9 chapter, heading, or subheading of the HTS. 

10 (3) COST OR VALUE.—Any cost or value re11 ferred to in this section shall be recorded and main12 tained in accordance with the generally accepted ac13 counting principles applicable in the territory of the 

14 country in which the good is produced (whether Co15 lombia or the United States). 

16 (b) ORIGINATING GOODS.—For purposes of this Act 

17 and for purposes of implementing the preferential tariff 

18 treatment provided for under the Agreement, except as 

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

20 good if— 

21 (1) the good is a good wholly obtained or pro22 duced entirely in the territory of Colombia, the 

23 United States, or both; 

24 (2) the good— 

25 (A) is produced entirely in the territory of 

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


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1 (i) each of the nonoriginating mate2 rials used in the production of the good 

3 undergoes an applicable change in tariff 

4 classification specified in Annex 3-A or 

5 Annex 4.1 of the Agreement; or 

6 (ii) the good otherwise satisfies any 

7 applicable regional value-content or other 

8 requirements specified in Annex 3-A or 

9 Annex 4.1 of the Agreement; and 

10 (B) satisfies all other applicable require11 ments of this section; or 

12 (3) the good is produced entirely in the terri13 tory of Colombia, the United States, or both, exclu14 sively from materials described in paragraph (1) or 

15 (2). 

16 (c) REGIONAL VALUE-CONTENT.— 

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

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

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

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

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

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

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

24 paragraph (3). 

25 (2) BUILD-DOWN METHOD.— 


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1 (A) IN GENERAL.—The regional value-con2 tent of a good may be calculated on the basis 

3 of the following build-down method: 

AV¥VNM 

RVC = ————— × 100 

AV 

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

5 (i) RVC.—The term ‘‘RVC’’ means 

6 the regional value-content of the good, ex7 pressed as a percentage. 

8 (ii) AV.—The term ‘‘AV’’ means the 

9 adjusted value of the good. 

10 (iii) VNM.—The term ‘‘VNM’’ means 

11 the value of nonoriginating materials that 

12 are acquired and used by the producer in 

13 the production of the good, but does not 

14 include the value of a material that is self15 produced. 

16 (3) BUILD-UP METHOD.— 

17 (A) IN GENERAL.—The regional value-con18 tent of a good may be calculated on the basis 

19 of the following build-up method: 

VOM RVC = ————— × 100 

AV 

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

21 (i) RVC.—The term ‘‘RVC’’ means 

22 the regional value-content of the good, ex23 pressed as a percentage. 


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1 (ii) AV.—The term ‘‘AV’’ means the 

2 adjusted value of the good. 

3 (iii) VOM.—The term ‘‘VOM’’ means 

4 the value of originating materials that are 

5 acquired or self-produced, and used by the 

6 producer in the production of the good. 

7 (4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE

8 GOODS.— 

9 (A) IN GENERAL.—For purposes of sub10 section (b)(2), the regional value-content of an 

11 automotive good referred to in Annex 4.1 of the 

12 Agreement shall be calculated by the importer, 

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

14 of the following net cost method: 

NC¥VNM 

RVC = ————— × 100 

NC 

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

16 (i) AUTOMOTIVE GOOD.—The term 

17 ‘‘automotive good’’ means a good provided 

18 for in any of subheadings 8407.31 through 

19 8407.34, subheading 8408.20, heading 

20 8409, or any of headings 8701 through 

21 8708. 

22 (ii) RVC.—The term ‘‘RVC’’ means 

23 the regional value-content of the auto24 motive good, expressed as a percentage. 


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

2 net cost of the automotive good. 

3 (iv) VNM.—The term ‘‘VNM’’ means 

4 the value of nonoriginating materials that 

5 are acquired and used by the producer in 

6 the production of the automotive good, but 

7 does not include the value of a material 

8 that is self-produced. 

9 (C) MOTOR VEHICLES.— 

10 (i) BASIS OF CALCULATION.—For 

11 purposes of determining the regional value12 content under subparagraph (A) for an 

13 automotive good that is a motor vehicle 

14 provided for in any of headings 8701 

15 through 8705, an importer, exporter, or 

16 producer may average the amounts cal17 culated under the net cost formula con18 tained in subparagraph (A), over the pro19 ducer’s fiscal year— 

20 (I) with respect to all motor vehi21 cles in any one of the categories de22 scribed in clause (ii); or 

23 (II) with respect to all motor ve24 hicles in any such category that are 


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1 exported to the territory of the United 

2 States or Colombia. 

3 (ii) CATEGORIES.—A category is de4 scribed in this clause if it— 

5 (I) is the same model line of 

6 motor vehicles, is in the same class of 

7 motor vehicles, and is produced in the 

8 same plant in the territory of Colom9 bia or the United States, as the good 

10 described in clause (i) for which re11 gional value-content is being cal12 culated; 

13 (II) is the same class of motor 

14 vehicles, and is produced in the same 

15 plant in the territory of Colombia or 

16 the United States, as the good de17 scribed in clause (i) for which regional 

18 value-content is being calculated; or 

19 (III) is the same model line of 

20 motor vehicles produced in the terri21 tory of Colombia or the United States 

22 as the good described in clause (i) for 

23 which regional value-content is being 

24 calculated. 


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1 (D) OTHER AUTOMOTIVE GOODS.—For 

2 purposes of determining the regional value-con3 tent under subparagraph (A) for automotive 

4 materials provided for in any of subheadings 

5 8407.31 through 8407.34, in subheading 

6 8408.20, or in heading 8409, 8706, 8707, or 

7 8708, that are produced in the same plant, an 

8 importer, exporter, or producer may— 

9 (i) average the amounts calculated 

10 under the net cost formula contained in 

11 subparagraph (A) over— 

12 (I) the fiscal year of the motor 

13 vehicle producer to whom the auto14 motive goods are sold, 

15 (II) any quarter or month, or 

16 (III) the fiscal year of the pro17 ducer of such goods, 

18 if the goods were produced during the fis19 cal year, quarter, or month that is the 

20 basis for the calculation; 

21 (ii) determine the average referred to 

22 in clause (i) separately for such goods sold 

23 to 1 or more motor vehicle producers; or 

24 (iii) make a separate determination 

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


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1 are exported to the territory of Colombia 

2 or the United States. 

3 (E) CALCULATING NET COST.—The im4 porter, exporter, or producer of an automotive 

5 good shall, consistent with the provisions re6 garding allocation of costs provided for in gen7 erally accepted accounting principles, determine 

8 the net cost of the automotive good under sub9 paragraph (B) by— 

10 (i) calculating the total cost incurred 

11 with respect to all goods produced by the 

12 producer of the automotive good, sub13 tracting any sales promotion, marketing, 

14 and after-sales service costs, royalties, 

15 shipping and packing costs, and nonallow16 able interest costs that are included in the 

17 total cost of all such goods, and then rea18 sonably allocating the resulting net cost of 

19 those goods to the automotive good; 

20 (ii) calculating the total cost incurred 

21 with respect to all goods produced by that 

22 producer, reasonably allocating the total 

23 cost to the automotive good, and then sub24 tracting any sales promotion, marketing, 

25 and after-sales service costs, royalties, 


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1 shipping and packing costs, and nonallow2 able interest costs that are included in the 

3 portion of the total cost allocated to the 

4 automotive good; or 

5 (iii) reasonably allocating each cost 

6 that forms part of the total cost incurred 

7 with respect to the automotive good so that 

8 the aggregate of these costs does not in9 clude any sales promotion, marketing, and 

10 after-sales service costs, royalties, shipping 

11 and packing costs, or nonallowable interest 

12 costs. 

13 (d) VALUE OF MATERIALS.— 

14 (1) IN GENERAL.—For the purpose of calcu15 lating the regional value-content of a good under 

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

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

18 material is— 

19 (A) in the case of a material that is im20 ported by the producer of the good, the ad21 justed value of the material; 

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

23 the territory in which the good is produced, the 

24 value, determined in accordance with Articles 1 

25 through 8, Article 15, and the corresponding inVerDate Mar 15 2010 01:49 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.RDS H3078

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1 terpretive notes, of the Agreement on Imple2 mentation of Article VII of the General Agree3 ment on Tariffs and Trade 1994 referred to in 

4 section 101(d)(8) of the Uruguay Round Agree5 ments Act (19 U.S.C. 3511(d)(8)), as set forth 

6 in regulations promulgated by the Secretary of 

7 the Treasury providing for the application of 

8 such Articles in the absence of an importation 

9 by the producer; or 

10 (C) in the case of a material that is self11 produced, the sum of— 

12 (i) all expenses incurred in the pro13 duction of the material, including general 

14 expenses; and 

15 (ii) an amount for profit equivalent to 

16 the profit added in the normal course of 

17 trade. 

18 (2) FURTHER ADJUSTMENTS TO THE VALUE OF

19 MATERIALS.— 

20 (A) ORIGINATING MATERIAL.—The fol21 lowing expenses, if not included in the value of 

22 an originating material calculated under para23 graph (1), may be added to the value of the 

24 originating 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 (B) NONORIGINATING MATERIAL.—The 

19 following expenses, if included in the value of a 

20 nonoriginating material calculated under para21 graph (1), may be deducted from the value of 

22 the nonoriginating material: 

23 (i) The costs of freight, insurance, 

24 packing, and all other costs incurred in 

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1 tween the territory of Colombia, the United 

2 States, or both, to the location of the pro3 ducer. 

4 (ii) Duties, taxes, and customs broker5 age fees on the material paid in the terri6 tory of Colombia, the United States, or 

7 both, other than duties or taxes that are 

8 waived, refunded, refundable, or otherwise 

9 recoverable, including credit against duty 

10 or tax paid or payable. 

11 (iii) The cost of waste and spoilage re12 sulting from the use of the material in the 

13 production of the good, less the value of 

14 renewable scrap or byproducts. 

15 (iv) The cost of originating materials 

16 used in the production of the nonorigi17 nating material in the territory of Colom18 bia, the United States, or both. 

19 (e) ACCUMULATION.— 

20 (1) ORIGINATING MATERIALS USED IN PRODUC21 TION OF GOODS OF THE OTHER COUNTRY.—Origi22 nating materials from the territory of Colombia or 

23 the United States that are used in the production of 

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


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1 considered to originate in the territory of such other 

2 country. 

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

4 produced in the territory of Colombia, the United 

5 States, or both, by 1 or more producers, is an origi6 nating good if the good satisfies the requirements of 

7 subsection (b) and all other applicable requirements 

8 of this section. 

9 (f) DE MINIMIS AMOUNTS OF NONORIGINATING MA10 TERIALS.— 

11 (1) IN GENERAL.—Except as provided in para12 graphs (2) and (3), a good that does not undergo a 

13 change in tariff classification pursuant to Annex 4.1 

14 of the Agreement is an originating good if— 

15 (A)(i) the value of all nonoriginating mate16 rials that— 

17 (I) are used in the production of the 

18 good, and 

19 (II) do not undergo the applicable 

20 change in tariff classification (set forth in 

21 Annex 4.1 of the Agreement), 

22 does not exceed 10 percent of the adjusted 

23 value of the good; 

24 (ii) the good meets all other applicable re25 quirements of this section; and 


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1 (iii) the value of such nonoriginating mate2 rials is included in the value of nonoriginating 

3 materials for any applicable regional value-con4 tent requirement for the good; or 

5 (B) the good meets the requirements set 

6 forth in paragraph 2 of Annex 4.6 of the Agree7 ment. 

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

9 apply to the following: 

10 (A) A nonoriginating material provided for 

11 in chapter 4, or a nonoriginating dairy prepara12 tion containing over 10 percent by weight of 

13 milk solids provided for in subheading 1901.90 

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

15 good provided for in chapter 4. 

16 (B) A nonoriginating material provided for 

17 in chapter 4, or a nonoriginating dairy prepara18 tion containing over 10 percent by weight of 

19 milk solids provided for in subheading 1901.90, 

20 that is used in the production of any of the fol21 lowing goods: 

22 (i) Infant preparations containing 

23 over 10 percent by weight of milk solids 

24 provided for in subheading 1901.10. 


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1 (ii) Mixes and doughs, containing over 

2 25 percent by weight of butterfat, not put 

3 up for retail sale, provided for in sub4 heading 1901.20. 

5 (iii) Dairy preparations containing 

6 over 10 percent by weight of milk solids 

7 provided for in subheading 1901.90 or 

8 2106.90. 

9 (iv) Goods provided for in heading 

10 2105. 

11 (v) Beverages containing milk pro12 vided for in subheading 2202.90. 

13 (vi) Animal feeds containing over 10 

14 percent by weight of milk solids provided 

15 for in subheading 2309.90. 

16 (C) A nonoriginating material provided for 

17 in heading 0805, or any of subheadings 

18 2009.11 through 2009.39, that is used in the 

19 production of a good provided for in any of sub20 headings 2009.11 through 2009.39, or in fruit 

21 or vegetable juice of any single fruit or vege22 table, fortified with minerals or vitamins, con23 centrated or unconcentrated, provided for in 

24 subheading 2106.90 or 2202.90. 


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1 (D) A nonoriginating material provided for 

2 in heading 0901 or 2101 that is used in the 

3 production of a good provided for in heading 

4 0901 or 2101. 

5 (E) A nonoriginating material provided for 

6 in chapter 15 that is used in the production of 

7 a good provided for in any of headings 1501 

8 through 1508, or any of headings 1511 through 

9 1515. 

10 (F) A nonoriginating material provided for 

11 in heading 1701 that is used in the production 

12 of a good provided for in any of headings 1701 

13 through 1703. 

14 (G) A nonoriginating material provided for 

15 in chapter 17 that is used in the production of 

16 a good provided for in subheading 1806.10. 

17 (H) Except as provided in subparagraphs 

18 (A) through (G) and Annex 4.1 of the Agree19 ment, a nonoriginating material used in the 

20 production of a good provided for in any of 

21 chapters 1 through 24, unless the nonorigi22 nating material is provided for in a different 

23 subheading than the good for which origin is 

24 being determined under this section. 


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1 (I) A nonoriginating material that is a tex2 tile or apparel good. 

3 (3) TEXTILE OR APPAREL GOODS.— 

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

5 subparagraph (B), a textile or apparel good 

6 that is not an originating good because certain 

7 fibers or yarns used in the production of the 

8 component of the good that determines the tar9 iff classification of the good do not undergo an 

10 applicable change in tariff classification, set 

11 forth in Annex 3-A of the Agreement, shall be 

12 considered to be an originating good if— 

13 (i) the total weight of all such fibers 

14 or yarns in that component is not more 

15 than 10 percent of the total weight of that 

16 component; or 

17 (ii) the yarns are those described in 

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

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

20 3203(b)(3)(B)(vi)(IV)) (as in effect on 

21 February 12, 2011). 

22 (B) CERTAIN TEXTILE OR APPAREL

23 GOODS.—A textile or apparel good containing 

24 elastomeric yarns in the component of the good 

25 that determines the tariff classification of the 


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1 good shall be considered to be an originating 

2 good only if such yarns are wholly formed in 

3 the territory of Colombia, the United States, or 

4 both. 

5 (C) YARN, FABRIC, OR FIBER.—For pur6 poses of this paragraph, in the case of a good 

7 that is a yarn, fabric, or fiber, the term ‘‘com8 ponent of the good that determines the tariff 

9 classification of the good’’ means all of the fi10 bers in the good. 

11 (g) FUNGIBLE GOODS AND MATERIALS.— 

12 (1) IN GENERAL.— 

13 (A) CLAIM FOR PREFERENTIAL TARIFF

14 TREATMENT.—A person claiming that a fun15 gible good or fungible material is an originating 

16 good may base the claim either on the physical 

17 segregation of the fungible good or fungible ma18 terial or by using an inventory management 

19 method with respect to the fungible good or 

20 fungible material. 

21 (B) INVENTORY MANAGEMENT METHOD.— 

22 In this subsection, the term ‘‘inventory manage23 ment method’’ means— 

24 (i) averaging; 

25 (ii) ‘‘last-in, first-out’’; 


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1 (iii) ‘‘first-in, first-out’’; or 

2 (iv) any other method— 

3 (I) recognized in the generally 

4 accepted accounting principles of the 

5 country in which the production is 

6 performed (whether Colombia or the 

7 United States); or 

8 (II) otherwise accepted by that 

9 country. 

10 (2) ELECTION OF INVENTORY METHOD.—A 

11 person selecting an inventory management method 

12 under paragraph (1) for a particular fungible good 

13 or fungible material shall continue to use that meth14 od for that fungible good or fungible material 

15 throughout the fiscal year of such person. 

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

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

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

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

20 accessories, spare parts, or tools shall— 

21 (A) be treated as originating goods if the 

22 good is an originating good; and 

23 (B) be disregarded in determining whether 

24 all the nonoriginating materials used in the pro25 duction of the good undergo the applicable 


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1 change in tariff classification set forth in Annex 

2 4.1 of the Agreement. 

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

4 only if— 

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

6 are classified with and not invoiced separately 

7 from the good, regardless of whether such ac8 cessories, spare parts, or tools are specified or 

9 are separately identified in the invoice for the 

10 good; and 

11 (B) the quantities and value of the acces12 sories, spare parts, or tools are customary for 

13 the good. 

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

15 subject to a regional value-content requirement, the 

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

17 be taken into account as originating or nonorigi18 nating materials, as the case may be, in calculating 

19 the regional value-content of the good. 

20 (i) PACKAGING MATERIALS AND CONTAINERS FOR

21 RETAIL SALE.—Packaging materials and containers in 

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

23 the good, shall be disregarded in determining whether all 

24 the nonoriginating materials used in the production of the 

25 good undergo the applicable change in tariff classification 


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1 set forth in Annex 3-A or Annex 4.1 of the Agreement, 

2 and, if the good is subject to a regional value-content re3 quirement, the value of such packaging materials and con4 tainers shall be taken into account as originating or non5 originating materials, as the case may be, in calculating 

6 the regional value-content of the good. 

7 (j) PACKING MATERIALS AND CONTAINERS FOR

8 SHIPMENT.—Packing materials and containers for ship9 ment shall be disregarded in determining whether a good 

10 is an originating good. 

11 (k) INDIRECT MATERIALS.—An indirect material 

12 shall be treated as an originating material without regard 

13 to where it is produced. 

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

15 undergone production necessary to qualify as an origi16 nating good under subsection (b) shall not be considered 

17 to be an originating good if, subsequent to that produc18 tion, the good— 

19 (1) undergoes further production or any other 

20 operation outside the territory of Colombia or the 

21 United States, other than unloading, reloading, or 

22 any other operation necessary to preserve the good 

23 in good condition or to transport the good to the ter24 ritory of Colombia or the United States; or 


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1 (2) does not remain under the control of cus2 toms authorities in the territory of a country other 

3 than Colombia or the United States. 

4 (m) GOODS CLASSIFIABLE AS GOODS PUT UP IN

5 SETS.—Notwithstanding the rules set forth in Annex 3- 

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

7 goods put up in sets for retail sale as provided for in Gen8 eral Rule of Interpretation 3 of the HTS shall not be con9 sidered to be originating goods unless— 

10 (1) each of the goods in the set is an origi11 nating good; or 

12 (2) the total value of the nonoriginating goods 

13 in the set does not exceed— 

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

15 10 percent of the adjusted value of the set; or 

16 (B) in the case of goods, other than textile 

17 or apparel goods, 15 percent of the adjusted 

18 value of the set. 

19 (n) DEFINITIONS.—In this section: 

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

21 value’’ means the value determined in accordance 

22 with Articles 1 through 8, Article 15, and the cor23 responding interpretive notes, of the Agreement on 

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1 tion 101(d)(8) of the Uruguay Round Agreements 

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

3 to exclude any costs, charges, or expenses incurred 

4 for transportation, insurance, and related services 

5 incident to the international shipment of the mer6 chandise from the country of exportation to the 

7 place of importation. 

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

9 ‘‘class of motor vehicles’’ means any one of the fol10 lowing categories of motor vehicles: 

11 (A) Motor vehicles provided for in sub12 heading 8701.20, 8704.10, 8704.22, 8704.23, 

13 8704.32, or 8704.90, or heading 8705 or 8706, 

14 or motor vehicles for the transport of 16 or 

15 more persons provided for in subheading 

16 8702.10 or 8702.90. 

17 (B) Motor vehicles provided for in sub18 heading 8701.10 or any of subheadings 

19 8701.30 through 8701.90. 

20 (C) Motor vehicles for the transport of 15 

21 or fewer persons provided for in subheading 

22 8702.10 or 8702.90, or motor vehicles provided 

23 for in subheading 8704.21 or 8704.31. 

24 (D) Motor vehicles provided for in any of 

25 subheadings 8703.21 through 8703.90. 


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1 (3) FUNGIBLE GOOD OR FUNGIBLE MATE2 RIAL.—The term ‘‘fungible good’’ or ‘‘fungible mate3 rial’’ means a good or material, as the case may be, 

4 that is interchangeable with another good or mate5 rial for commercial purposes and the properties of 

6 which are essentially identical to such other good or 

7 material. 

8 (4) GENERALLY ACCEPTED ACCOUNTING PRIN9 CIPLES.—The term ‘‘generally accepted accounting 

10 principles’’— 

11 (A) means the recognized consensus or 

12 substantial authoritative support given in the 

13 territory of Colombia or the United States, as 

14 the case may be, with respect to the recording 

15 of revenues, expenses, costs, assets, and liabil16 ities, the disclosure of information, and the 

17 preparation of financial statements; and 

18 (B) may encompass broad guidelines for 

19 general application as well as detailed stand20 ards, 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 

24 obtained or produced entirely in the territory of CoVerDate Mar 15 2010 01:49 Oct 13, 2011 Jkt 019200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.RDS H3078

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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 good that is 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 term ‘‘nonoriginating 

3 good’’ or ‘‘nonoriginating material’’ means a good or 

4 material, as the case may be, that does not qualify 

5 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 are 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, as 

18 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 104, 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 104, the President may proclaim before the 

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

8 on which the Agreement enters into force, 

9 modifications to correct any typographical, cler10 ical, or other nonsubstantive technical error re11 garding the provisions of chapters 50 through 

12 63 (as included in Annex 3-A of the Agree13 ment). 

14 (4) FABRICS, YARNS, OR FIBERS NOT AVAIL15 ABLE IN COMMERCIAL QUANTITIES IN COLOMBIA

16 AND THE UNITED STATES.— 

17 (A) IN GENERAL.—Notwithstanding para18 graph (3)(A), the list of fabrics, yarns, and fi19 bers set forth in Annex 3-B of the Agreement 

20 may be modified as provided for in this para21 graph. 

22 (B) DEFINITIONS.—In this paragraph: 

23 (i) INTERESTED ENTITY.—The term 

24 ‘‘interested entity’’ means the Government 

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1 chaser of a textile or apparel good, or a po2 tential or actual supplier of a textile or ap3 parel good. 

4 (ii) DAY; DAYS.—All references to 

5 ‘‘day’’ and ‘‘days’’ exclude Saturdays, Sun6 days, and legal holidays observed by the 

7 Government of the United States. 

8 (C) REQUESTS TO ADD FABRICS, YARNS, 

9 OR FIBERS.— 

10 (i) IN GENERAL.—An interested entity 

11 may request the President to determine 

12 that a fabric, yarn, or fiber is not available 

13 in commercial quantities in a timely man14 ner in Colombia and the United States and 

15 to add that fabric, yarn, or fiber to the list 

16 in Annex 3-B of the Agreement in a re17 stricted or unrestricted quantity. 

18 (ii) DETERMINATION.—After receiving 

19 a request under clause (i), the President 

20 may determine whether— 

21 (I) the fabric, yarn, or fiber is 

22 available in commercial quantities in a 

23 timely manner in Colombia or the 

24 United States; or 


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1 (II) any interested entity objects 

2 to the request. 

3 (iii) PROCLAMATION AUTHORITY.— 

4 The President may, within the time peri5 ods specified in clause (iv), proclaim that 

6 the fabric, yarn, or fiber that is the subject 

7 of the request is added to the list in Annex 

8 3-B of the Agreement in an unrestricted 

9 quantity, or in any restricted quantity that 

10 the President may establish, if the Presi11 dent has determined under clause (ii) 

12 that— 

13 (I) the fabric, yarn, or fiber is 

14 not available in commercial quantities 

15 in a timely manner in Colombia and 

16 the United States; or 

17 (II) no interested entity has ob18 jected to the request. 

19 (iv) TIME PERIODS.—The time peri20 ods within which the President may issue 

21 a proclamation under clause (iii) are— 

22 (I) not later than 30 days after 

23 the date on which a request is sub24 mitted under clause (i); or 


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1 (II) not later than 44 days after 

2 the request is submitted, if the Presi3 dent determines, within 30 days after 

4 the date on which the request is sub5 mitted, that the President does not 

6 have sufficient information to make a 

7 determination under clause (ii). 

8 (v) EFFECTIVE DATE.—Notwith9 standing section 103(a)(2), a proclamation 

10 made under clause (iii) shall take effect on 

11 the date on which the text of the proclama12 tion is published in the Federal Register. 

13 (vi) SUBSEQUENT ACTION.—Not later 

14 than 6 months after proclaiming under 

15 clause (iii) that a fabric, yarn, or fiber is 

16 added to the list in Annex 3-B of the 

17 Agreement in a restricted quantity, the 

18 President may eliminate the restriction if 

19 the President determines that the fabric, 

20 yarn, or fiber is not available in commer21 cial quantities in a timely manner in Co22 lombia and the United States. 

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

24 after an interested entity submits a request 

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


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1 not, within the applicable time period specified 

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

3 under subparagraph (C)(ii) regarding the re4 quest, the fabric, yarn, or fiber that is the sub5 ject of the request shall be considered to be 

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

7 Annex 3-B of the Agreement beginning— 

8 (i) 45 days after the date on which 

9 the request is submitted; or 

10 (ii) 60 days after the date on which 

11 the request is submitted, if the President 

12 made a determination under subparagraph 

13 (C)(iv)(II). 

14 (E) REQUESTS TO RESTRICT OR REMOVE

15 FABRICS, YARNS, OR FIBERS.— 

16 (i) IN GENERAL.—Subject to clause 

17 (ii), an interested entity may request the 

18 President to restrict the quantity of, or re19 move from the list in Annex 3-B of the 

20 Agreement, any fabric, yarn, or fiber— 

21 (I) that has been added to that 

22 list in an unrestricted quantity pursu23 ant to paragraph (2) or subparagraph 

24 (C)(iii) or (D) of this paragraph; or 


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1 (II) with respect to which the 

2 President has eliminated a restriction 

3 under subparagraph (C)(vi). 

4 (ii) TIME PERIOD FOR SUBMISSION.— 

5 An interested entity may submit a request 

6 under clause (i) at any time beginning on 

7 the date that is 6 months after the date of 

8 the action described in subclause (I) or (II) 

9 of that clause. 

10 (iii) PROCLAMATION AUTHORITY.— 

11 Not later than 30 days after the date on 

12 which a request under clause (i) is sub13 mitted, the President may proclaim an ac14 tion provided for under clause (i) if the 

15 President determines that the fabric, yarn, 

16 or fiber that is the subject of the request 

17 is available in commercial quantities in a 

18 timely manner in Colombia or the United 

19 States. 

20 (iv) EFFECTIVE DATE.—A proclama21 tion issued under clause (iii) may not take 

22 effect earlier than the date that is 6 

23 months after the date on which the text of 

24 the proclamation is published in the Fed25 eral Register. 


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1 (F) PROCEDURES.—The President shall 

2 establish procedures— 

3 (i) governing the submission of a re4 quest under subparagraphs (C) and (E); 

5 and 

6 (ii) providing an opportunity for inter7 ested entities to submit comments and sup8 porting evidence before the President 

9 makes a determination under subpara10 graph (C) (ii) or (vi) or (E)(iii). 

11 SEC. 204. CUSTOMS USER FEES. 

12 Section 13031(b) of the Consolidated Omnibus Budg13 et Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is 

14 amended by adding after paragraph (19), the following: 

15 ‘‘(20) No fee may be charged under subsection (a) 

16 (9) or (10) with respect to goods that qualify as origi17 nating goods under section 203 of the United States–Co18 lombia Trade Promotion Agreement Implementation Act. 

19 Any service for which an exemption from such fee is pro20 vided by reason of this paragraph may not be funded with 

21 money contained in the Customs User Fee Account.’’. 


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1 SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; 

2 FALSE CERTIFICATIONS OF ORIGIN; DENIAL 

3 OF PREFERENTIAL TARIFF TREATMENT. 

4 (a) DISCLOSURE OF INCORRECT INFORMATION.— 

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

6 is amended— 

7 (1) in subsection (c)— 

8 (A) by redesignating paragraph (12) as 

9 paragraph (13); and 

10 (B) by inserting after paragraph (11) the 

11 following new paragraph: 

12 ‘‘(12) PRIOR DISCLOSURE REGARDING CLAIMS

13 UNDER THE UNITED STATES–COLOMBIA TRADE PRO14 MOTION AGREEMENT.—An importer shall not be 

15 subject to penalties under subsection (a) for making 

16 an incorrect claim that a good qualifies as an origi17 nating good under section 203 of the United States– 

18 Colombia Trade Promotion Agreement Implementa19 tion Act if the importer, in accordance with regula20 tions issued by the Secretary of the Treasury, 

21 promptly and voluntarily makes a corrected declara22 tion and pays any duties owing with respect to that 

23 good.’’; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(k) FALSE CERTIFICATIONS OF ORIGIN UNDER THE

2 UNITED STATES–COLOMBIA TRADE PROMOTION AGREE3 MENT.— 

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

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

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

7 certification of origin (as defined in section 508 of 

8 this Act) that a good exported from the United 

9 States qualifies as an originating good under the 

10 rules of origin provided for in section 203 of the 

11 United States–Colombia Trade Promotion Agree12 ment Implementation Act. The procedures and pen13 alties of this section that apply to a violation of sub14 section (a) also apply to a violation of this sub15 section. 

16 ‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF

17 INCORRECT INFORMATION.—No penalty shall be im18 posed under this subsection if, promptly after an ex19 porter or producer that issued a CTPA certification 

20 of origin has reason to believe that such certification 

21 contains or is based on incorrect information, the ex22 porter or producer voluntarily provides written no23 tice of such incorrect information to every person to 

24 whom the certification was issued. 


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1 ‘‘(3) EXCEPTION.—A person shall not be con2 sidered to have violated paragraph (1) if— 

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

4 time it was provided in a CTPA certification of 

5 origin but was later rendered incorrect due to 

6 a change in circumstances; and 

7 ‘‘(B) the person promptly and voluntarily 

8 provides written notice of the change in cir9 cumstances to all persons to whom the person 

10 provided the certification.’’. 

11 (b) DENIAL OF PREFERENTIAL TARIFF TREAT12 MENT.—Section 514 of the Tariff Act of 1930 (19 U.S.C. 

13 1514) is amended by adding at the end the following new 

14 subsection: 

15 ‘‘(k) DENIAL OF PREFERENTIAL TARIFF TREAT16 MENT UNDER THE UNITED STATES–COLOMBIA TRADE

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

18 Protection or U.S. Immigration and Customs Enforce19 ment of the Department of Homeland Security finds indi20 cations of a pattern of conduct by an importer, exporter, 

21 or producer of false or unsupported representations that 

22 goods qualify under the rules of origin provided for in sec23 tion 203 of the United States–Colombia Trade Promotion 

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

25 Protection, in accordance with regulations issued by the 


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1 Secretary of the Treasury, may suspend preferential tariff 

2 treatment under the United States–Colombia Trade Pro3 motion Agreement to entries of identical goods covered by 

4 subsequent representations by that importer, exporter, or 

5 producer until U.S. Customs and Border Protection deter6 mines that representations of that person are in con7 formity with such section 203.’’. 

8 SEC. 206. RELIQUIDATION OF ENTRIES. 

9 Section 520(d) of the Tariff Act of 1930 (19 U.S.C. 

10 1520(d)) is amended in the matter preceding paragraph 

11 (1)— 

12 (1) by striking ‘‘or’’; and 

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

14 section 203 of the United States–Colombia Trade 

15 Promotion Agreement Implementation Act for 

16 which’’. 

17 SEC. 207. RECORDKEEPING REQUIREMENTS. 

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

19 1508) is amended— 

20 (1) by redesignating subsection (j) as sub21 section (k); 

22 (2) by inserting after subsection (i) the fol23 lowing new subsection: 


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1 ‘‘(j) CERTIFICATIONS OF ORIGIN FOR GOODS EX2 PORTED UNDER THE UNITED STATES–COLOMBIA TRADE

3 PROMOTION AGREEMENT.— 

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

5 ‘‘(A) RECORDS AND SUPPORTING DOCU6 MENTS.—The term ‘records and supporting 

7 documents’ means, with respect to an exported 

8 good under paragraph (2), records and docu9 ments related to the origin of the good, includ10 ing— 

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

12 and payment for, the good; 

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

14 and payment for, all materials, including 

15 indirect materials, used in the production 

16 of the good; and 

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

18 the form in which it was exported. 

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

20 The term ‘CTPA certification of origin’ means 

21 the certification established under article 4.15 

22 of the United States–Colombia Trade Pro23 motion Agreement that a good qualifies as an 

24 originating good under such Agreement. 


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

2 completes and issues a CTPA certification of origin 

3 for a good exported from the United States shall 

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

5 promulgated by the Secretary of the Treasury, 

6 render for examination and inspection all records 

7 and supporting documents related to the origin of 

8 the good (including the certification or copies there9 of). 

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

11 issues a CTPA certification of origin shall keep the 

12 records and supporting documents relating to that 

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

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

15 and 

16 (3) in subsection (k), as so redesignated by 

17 striking ‘‘(h), or (i)’’ and inserting ‘‘(h), (i), or (j)’’. 

18 SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE 

19 OR APPAREL GOODS. 

20 (a) ACTION DURING VERIFICATION.— 

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

22 Treasury requests the Government of Colombia to 

23 conduct a verification pursuant to article 3.2 of the 

24 Agreement for purposes of making a determination 

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


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1 Secretary to take appropriate action described in 

2 subsection (b) while the verification is being con3 ducted. 

4 (2) DETERMINATION.—A determination under 

5 this paragraph is a determination of the Secretary 

6 that— 

7 (A) an exporter or producer in Colombia is 

8 complying with applicable customs laws, regula9 tions, and procedures regarding trade in textile 

10 or apparel goods, or 

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

12 exported or produced by such exporter or pro13 ducer— 

14 (i) qualifies as an originating good 

15 under section 203, or 

16 (ii) is a good of Colombia, 

17 is accurate. 

18 (b) APPROPRIATE ACTION DESCRIBED.—Appropriate 

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

20 (1) suspension of preferential tariff treatment 

21 under 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 of the Treasury determines that 

2 there is insufficient information to support any 

3 claim for preferential tariff treatment that has 

4 been made with respect to any such good; or 

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

6 claim of preferential tariff treatment has been 

7 made that is the subject of a verification under 

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

9 subsection (a)(2)(B), if the Secretary deter10 mines that there is insufficient information to 

11 support that claim; 

12 (2) denial of preferential tariff treatment under 

13 the Agreement with respect to— 

14 (A) any textile or apparel good exported or 

15 produced by the person that is the subject of a 

16 verification under subsection (a)(1) regarding 

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

18 the Secretary determines that the person has 

19 provided incorrect information to support any 

20 claim for preferential tariff treatment that has 

21 been made with respect to any such good; or 

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

23 claim of preferential tariff treatment has been 

24 made that is the subject of a verification under 

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


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1 subsection (a)(2)(B), if the Secretary deter2 mines that a person has provided incorrect in3 formation to support that claim; 

4 (3) detention of any textile or apparel good ex5 ported or produced by the person that is the subject 

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

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

8 claim described in subsection (a)(2)(B), if the Sec9 retary determines that there is insufficient informa10 tion to determine the country of origin of any such 

11 good; and 

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

13 any textile or apparel good exported or produced by 

14 the person that is the subject of a verification under 

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

16 subsection (a)(2)(A) or a claim described in sub17 section (a)(2)(B), if the Secretary determines that 

18 the person has provided incorrect information as to 

19 the country of origin of any such good. 

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

21 On completion of a verification under subsection (a)(1), 

22 the President may direct the Secretary of the Treasury 

23 to take appropriate action described in subsection (d) until 

24 such time as the Secretary receives information sufficient 


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1 to make the determination under subsection (a)(2) or until 

2 such earlier date as the President may direct. 

3 (d) APPROPRIATE ACTION DESCRIBED.—Appro4 priate action under subsection (c) includes— 

5 (1) denial of preferential tariff treatment under 

6 the Agreement with respect to— 

7 (A) any textile or apparel good exported or 

8 produced by the person that is the subject of a 

9 verification under subsection (a)(1) regarding 

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

11 the Secretary of the Treasury determines that 

12 there is insufficient information to support, or 

13 that the person has provided incorrect informa14 tion to support, any claim for preferential tariff 

15 treatment that has been made with respect to 

16 any such good; or 

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

18 claim of preferential tariff treatment has been 

19 made that is the subject of a verification under 

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

21 subsection (a)(2)(B), if the Secretary deter22 mines that there is insufficient information to 

23 support, or that a person has provided incorrect 

24 information to support, that claim; and 


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

2 any textile or apparel good exported or produced by 

3 the person that is the subject of a verification under 

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

5 subsection (a)(2)(A) or a claim described in sub6 section (a)(2)(B), if the Secretary determines that 

7 there is insufficient information to determine, or 

8 that the person has provided incorrect information 

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

10 (e) PUBLICATION OF NAME OF PERSON.—In accord11 ance with article 3.2.6 of the Agreement, the Secretary 

12 of the Treasury may publish the name of any person that 

13 the Secretary has determined— 

14 (1) is engaged in circumvention of applicable 

15 laws, regulations, or procedures affecting trade in 

16 textile or apparel goods; or 

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

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

19 SEC. 209. REGULATIONS. 

20 The Secretary of the Treasury shall prescribe such 

21 regulations as may be necessary to carry out— 

22 (1) subsections (a) through (n) of section 203; 

23 (2) the amendment made by section 204; and 

24 (3) any proclamation issued under section 

25 203(o). 


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1 TITLE III—RELIEF FROM 

2 IMPORTS 

3 SEC. 301. DEFINITIONS. 

4 In this title: 

5 (1) COLOMBIAN ARTICLE.—The term ‘‘Colom6 bian article’’ means an article that qualifies as an 

7 originating good under section 203(b). 

8 (2) COLOMBIAN TEXTILE OR APPAREL ARTI9 CLE.—The term ‘‘Colombian textile or apparel arti10 cle’’ means a textile or apparel good (as defined in 

11 section 3(4)) that is a Colombian article. 

12 Subtitle A—Relief From Imports 

13 Benefitting From the Agreement 

14 SEC. 311. COMMENCING OF ACTION FOR RELIEF. 

15 (a) FILING OF PETITION.—A petition requesting ac16 tion under this subtitle for the purpose of adjusting to 

17 the obligations of the United States under the Agreement 

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

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

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

21 The Commission shall transmit a copy of any petition filed 

22 under this subsection to the United States Trade Rep23 resentative. 

24 (b) INVESTIGATION AND DETERMINATION.—Upon 

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1 sion, unless subsection (d) applies, shall promptly initiate 

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

3 reduction or elimination of a duty provided for under the 

4 Agreement, a Colombian article is being imported into the 

5 United States in such increased quantities, in absolute 

6 terms or relative to domestic production, and under such 

7 conditions that imports of the Colombian article constitute 

8 a substantial cause of serious injury or threat thereof to 

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

10 directly competitive with, the imported article. 

11 (c) APPLICABLE PROVISIONS.—The following provi12 sions of section 202 of the Trade Act of 1974 (19 U.S.C. 

13 2252) apply with respect to any investigation initiated 

14 under subsection (b): 

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

16 (b). 

17 (2) Subsection (c). 

18 (3) Subsection (i). 

19 (d) ARTICLES EXEMPT FROM INVESTIGATION.—No 

20 investigation may be initiated under this section with re21 spect to any Colombian article if, after the date on which 

22 the Agreement enters into force, import relief has been 

23 provided with respect to that Colombian article under this 

24 subtitle. 


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1 SEC. 312. COMMISSION ACTION ON PETITION. 

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

3 the date on which an investigation is initiated under sec4 tion 311(b) with respect to a petition, the Commission 

5 shall make the determination required under that section. 

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

7 subtitle, the provisions of paragraphs (1), (2), and (3) of 

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

9 1330(d) (1), (2), and (3)) shall be applied with respect 

10 to determinations and findings made under this section 

11 as if such determinations and findings were made under 

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

13 (c) ADDITIONAL FINDING AND RECOMMENDATION IF

14 DETERMINATION AFFIRMATIVE.— 

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

16 by the Commission under subsection (a) with respect 

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

18 President may consider a determination of the Com19 mission to be an affirmative determination as pro20 vided for under paragraph (1) of section 330(d) of 

21 the Tariff Act of 1930 (19 U.S.C. 1330(d)(1)), the 

22 Commission shall find, and recommend to the Presi23 dent in the report required under subsection (d), the 

24 amount of import relief that is necessary to remedy 

25 or prevent the injury found by the Commission in 

26 the determination and to facilitate the efforts of the 


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1 domestic industry to make a positive adjustment to 

2 import competition. 

3 (2) LIMITATION ON RELIEF.—The import relief 

4 recommended by the Commission under this sub5 section shall be limited to the relief described in sec6 tion 313(c). 

7 (3) VOTING; SEPARATE VIEWS.—Only those 

8 members of the Commission who voted in the af9 firmative under subsection (a) are eligible to vote on 

10 the proposed action to remedy or prevent the injury 

11 found by the Commission. Members of the Commis12 sion who did not vote in the affirmative may submit, 

13 in the report required under subsection (d), separate 

14 views regarding what action, if any, should be taken 

15 to remedy or prevent the injury. 

16 (d) REPORT TO PRESIDENT.—Not later than the 

17 date that is 30 days after the date on which a determina18 tion is made under subsection (a) with respect to an inves19 tigation, the Commission shall submit to the President a 

20 report that includes— 

21 (1) the determination made under subsection 

22 (a) and an explanation of the basis for the deter23 mination; 

24 (2) if the determination under subsection (a) is 

25 affirmative, any findings and recommendations for 


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1 import relief made under subsection (c) and an ex2 planation of the basis for each recommendation; and 

3 (3) any dissenting or separate views by mem4 bers of the Commission regarding the determination 

5 referred to in paragraph (1) and any finding or rec6 ommendation referred to in paragraph (2). 

7 (e) PUBLIC NOTICE.—Upon submitting a report to 

8 the President under subsection (d), the Commission shall 

9 promptly make public the report (with the exception of 

10 information which the Commission determines to be con11 fidential) and shall publish a summary of the report in 

12 the Federal Register. 

13 SEC. 313. PROVISION OF RELIEF. 

14 (a) IN GENERAL.—Not later than the date that is 

15 30 days after the date on which the President receives a 

16 report of the Commission in which the Commission’s de17 termination under section 312(a) is affirmative, or which 

18 contains a determination under section 312(a) that the 

19 President considers to be affirmative under paragraph (1) 

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

21 1330(d)(1)), the President, subject to subsection (b), shall 

22 provide relief from imports of the article that is the subject 

23 of such determination to the extent that the President de24 termines necessary to remedy or prevent the injury found 

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1 mestic industry to make a positive adjustment to import 

2 competition. 

3 (b) EXCEPTION.—The President is not required to 

4 provide import relief under this section if the President 

5 determines that the provision of the import relief will not 

6 provide greater economic and social benefits than costs. 

7 (c) NATURE OF RELIEF.— 

8 (1) IN GENERAL.—The import relief that the 

9 President is authorized to provide under this section 

10 with respect to imports of an article is as follows: 

11 (A) The suspension of any further reduc12 tion provided for under Annex 2.3 of the Agree13 ment in the duty imposed on the article. 

14 (B) An increase in the rate of duty im15 posed on the article to a level that does not ex16 ceed the lesser of— 

17 (i) the column 1 general rate of duty 

18 imposed under the HTS on like articles at 

19 the time the import relief is provided; or 

20 (ii) the column 1 general rate of duty 

21 imposed under the HTS on like articles on 

22 the day before the date on which the 

23 Agreement enters into force. 

24 (2) PROGRESSIVE LIBERALIZATION.—If the pe25 riod for which import relief is provided under this 


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1 section is greater than 1 year, the President shall 

2 provide for the progressive liberalization (described 

3 in article 8.2.2 of the Agreement) of such relief at 

4 regular intervals during the period of its application. 

5 (d) PERIOD OF RELIEF.— 

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

7 any import relief that the President provides under 

8 this section may not be in effect for more than 2 

9 years. 

10 (2) EXTENSION.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (C), the President, after receiving a de13 termination from the Commission under sub14 paragraph (B) that is affirmative, or which the 

15 President considers to be affirmative under 

16 paragraph (1) of section 330(d) of the Tariff 

17 Act of 1930 (19 U.S.C. 1330(d)(1)), may ex18 tend the effective period of any import relief 

19 provided under this section by up to 2 years, if 

20 the President determines that— 

21 (i) the import relief continues to be 

22 necessary to remedy or prevent serious in23 jury and to facilitate adjustment by the do24 mestic industry to import competition; and 


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1 (ii) there is evidence that the industry 

2 is making a positive adjustment to import 

3 competition. 

4 (B) ACTION BY COMMISSION.— 

5 (i) INVESTIGATION.—Upon a petition 

6 on behalf of the industry concerned that is 

7 filed with the Commission not earlier than 

8 the date that is 9 months, and not later 

9 than the date that is 6 months, before the 

10 date on which any action taken under sub11 section (a) is to terminate, the Commission 

12 shall conduct an investigation to determine 

13 whether action under this section continues 

14 to be necessary to remedy or prevent seri15 ous injury and whether there is evidence 

16 that the industry is making a positive ad17 justment to import competition. 

18 (ii) NOTICE AND HEARING.—The 

19 Commission shall publish notice of the 

20 commencement of any proceeding under 

21 this subparagraph in the Federal Register 

22 and shall, within a reasonable time there23 after, hold a public hearing at which the 

24 Commission shall afford interested parties 

25 and consumers an opportunity to be 


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1 present, to present evidence, and to re2 spond to the presentations of other parties 

3 and consumers, and otherwise to be heard. 

4 (iii) REPORT.—The Commission shall 

5 submit to the President a report on its in6 vestigation and determination under this 

7 subparagraph not later than 60 days be8 fore the action under subsection (a) is to 

9 terminate, unless the President specifies a 

10 different date. 

11 (C) PERIOD OF IMPORT RELIEF.—Any im12 port relief provided under this section, including 

13 any extensions thereof, may not, in the aggre14 gate, be in effect for more than 4 years. 

15 (e) RATE AFTER TERMINATION OF IMPORT RE16 LIEF.—When import relief under this section is termi17 nated with respect to an article— 

18 (1) the rate of duty on that article after such 

19 termination and on or before December 31 of the 

20 year in which such termination occurs shall be the 

21 rate that, according to the Schedule of the United 

22 States to Annex 2.3 of the Agreement, would have 

23 been in effect 1 year after the provision of relief 

24 under subsection (a); and 


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1 (2) the rate of duty for that article after De2 cember 31 of the year in which such termination oc3 curs shall be, at the discretion of the President, ei4 ther— 

5 (A) the applicable rate of duty for that ar6 ticle set forth in the Schedule of the United 

7 States to Annex 2.3 of the Agreement; or 

8 (B) the rate of duty resulting from the 

9 elimination of the tariff in equal annual stages 

10 ending on the date set forth in the Schedule of 

11 the United States to Annex 2.3 of the Agree12 ment for the elimination of the tariff. 

13 (f) ARTICLES EXEMPT FROM RELIEF.—No import 

14 relief may be provided under this section on— 

15 (1) any article that is subject to import relief 

16 under— 

17 (A) subtitle B; or 

18 (B) chapter 1 of title II of the Trade Act 

19 of 1974 (19 U.S.C. 2251 et seq.); or 

20 (2) any article on which an additional duty as21 sessed under section 202(b) is in effect. 

22 SEC. 314. TERMINATION OF RELIEF AUTHORITY. 

23 (a) GENERAL RULE.—Subject to subsection (b), no 

24 import relief may be provided under this subtitle after the 


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1 date that is 10 years after the date on which the Agree2 ment enters into force. 

3 (b) EXCEPTION.—If an article for which relief is pro4 vided under this subtitle is an article for which the period 

5 for tariff elimination, set forth in the Schedule of the 

6 United States to Annex 2.3 of the Agreement, is greater 

7 than 10 years, no relief under this subtitle may be pro8 vided for that article after the date on which that period 

9 ends. 

10 SEC. 315. COMPENSATION AUTHORITY. 

11 For purposes of section 123 of the Trade Act of 1974 

12 (19 U.S.C. 2133), any import relief provided by the Presi13 dent under section 313 shall be treated as action taken 

14 under chapter 1 of title II of such Act (19 U.S.C. 2251 

15 et seq.). 

16 SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 

17 Section 202(a)(8) of the Trade Act of 1974 (19 

18 U.S.C. 2252(a)(8)) is amended in the first sentence— 

19 (1) by striking ‘‘and’’; and 

20 (2) by inserting before the period at the end ‘‘, 

21 and title III of the United States–Colombia Trade 

22 Promotion Agreement Implementation Act’’. 


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1 Subtitle B—Textile and Apparel 

2 Safeguard Measures 

3 SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 

4 (a) IN GENERAL.—A request for action under this 

5 subtitle for the purpose of adjusting to the obligations of 

6 the United States under the Agreement may be filed with 

7 the President by an interested party. Upon the filing of 

8 a request, the President shall review the request to deter9 mine, from information presented in the request, whether 

10 to commence consideration of the request. 

11 (b) PUBLICATION OF REQUEST.—If the President de12 termines that the request under subsection (a) provides 

13 the information necessary for the request to be considered, 

14 the President shall publish in the Federal Register a no15 tice of commencement of consideration of the request, and 

16 notice seeking public comments regarding the request. The 

17 notice shall include a summary of the request and the 

18 dates by which comments and rebuttals must be received. 

19 SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 

20 (a) DETERMINATION.— 

21 (1) IN GENERAL.—If a positive determination is 

22 made under section 321(b), the President shall de23 termine whether, as a result of the elimination of a 

24 duty under the Agreement, a Colombian textile or 

25 apparel article is being imported into the United 


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1 States in such increased quantities, in absolute 

2 terms or relative to the domestic market for that ar3 ticle, and under such conditions as to cause serious 

4 damage, or actual threat thereof, to a domestic in5 dustry producing an article that is like, or directly 

6 competitive with, the imported article. 

7 (2) SERIOUS DAMAGE.—In making a deter8 mination under paragraph (1), the President— 

9 (A) shall examine the effect of increased 

10 imports on the domestic industry, as reflected 

11 in changes in such relevant economic factors as 

12 output, productivity, utilization of capacity, in13 ventories, market share, exports, wages, em14 ployment, domestic prices, profits and losses, 

15 and investment, no one of which is necessarily 

16 decisive; and 

17 (B) shall not consider changes in consumer 

18 preference or changes in technology in the 

19 United States as factors supporting a deter20 mination of serious damage or actual threat 

21 thereof. 

22 (b) PROVISION OF RELIEF.— 

23 (1) IN GENERAL.—If a determination under 

24 subsection (a) is affirmative, the President may pro25 vide relief from imports of the article that is the 


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1 subject of such determination, as provided in para2 graph (2), to the extent that the President deter3 mines necessary to remedy or prevent the serious 

4 damage and to facilitate adjustment by the domestic 

5 industry. 

6 (2) NATURE OF RELIEF.—The relief that the 

7 President is authorized to provide under this sub8 section with respect to imports of an article is an in9 crease in the rate of duty imposed on the article to 

10 a level that does not exceed the lesser of— 

11 (A) the column 1 general rate of duty im12 posed under the HTS on like articles at the 

13 time the import relief is provided; or 

14 (B) the column 1 general rate of duty im15 posed under the HTS on like articles on the 

16 day before the date on which the Agreement en17 ters into force. 

18 SEC. 323. PERIOD OF RELIEF. 

19 (a) IN GENERAL.—Subject to subsection (b), the im20 port relief that the President provides under section 

21 322(b) may not be in effect for more than 2 years. 

22 (b) EXTENSION.— 

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

24 the President may extend the effective period of any 

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1 riod of not more than 1 year, if the President deter2 mines that— 

3 (A) the import relief continues to be nec4 essary to remedy or prevent serious damage 

5 and to facilitate adjustment by the domestic in6 dustry to import competition; and 

7 (B) there is evidence that the industry is 

8 making a positive adjustment to import com9 petition. 

10 (2) LIMITATION.—Any relief provided under 

11 this subtitle, including any extensions thereof, may 

12 not, in the aggregate, be in effect for more than 3 

13 years. 

14 SEC. 324. ARTICLES EXEMPT FROM RELIEF. 

15 The President may not provide import relief under 

16 this subtitle with respect to an article if— 

17 (1) import relief previously has been provided 

18 under this subtitle with respect to that article; or 

19 (2) the article is subject to import relief 

20 under— 

21 (A) subtitle A; or 

22 (B) chapter 1 of title II of the Trade Act 

23 of 1974 (19 U.S.C. 2251 et seq.). 


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1 SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. 

2 On the date on which import relief under this subtitle 

3 is terminated with respect to an article, the rate of duty 

4 on that article shall be the rate that would have been in 

5 effect but for the provision of such relief. 

6 SEC. 326. TERMINATION OF RELIEF AUTHORITY. 

7 No import relief may be provided under this subtitle 

8 with respect to any article after the date that is 5 years 

9 after the date on which the Agreement enters into force. 

10 SEC. 327. COMPENSATION AUTHORITY. 

11 For purposes of section 123 of the Trade Act of 1974 

12 (19 U.S.C. 2133), any import relief provided by the Presi13 dent under this subtitle shall be treated as action taken 

14 under chapter 1 of title II of such Act (19 U.S.C. 2251 

15 et seq.). 

16 SEC. 328. CONFIDENTIAL BUSINESS INFORMATION. 

17 The President may not release information received 

18 in connection with an investigation or determination under 

19 this subtitle which the President considers to be confiden20 tial business information unless the party submitting the 

21 confidential business information had notice, at the time 

22 of submission, that such information would be released by 

23 the President, or such party subsequently consents to the 

24 release of the information. To the extent a party submits 

25 confidential business information, the party shall also pro26 vide a nonconfidential version of the information in which 


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1 the confidential business information is summarized or, if 

2 necessary, deleted. 

3 Subtitle C—Cases Under Title II of 

4 the Trade Act of 1974 

5 SEC. 331. FINDINGS AND ACTION ON COLOMBIAN ARTI6 CLES. 

7 (a) EFFECT OF IMPORTS.—If, in any investigation 

8 initiated under chapter 1 of title II of the Trade Act of 

9 1974 (19 U.S.C. 2251 et seq.), the Commission makes an 

10 affirmative determination (or a determination which the 

11 President may treat as an affirmative determination under 

12 such chapter by reason of section 330(d) of the Tariff Act 

13 of 1930 (19 U.S.C. 1330(d)), the Commission shall also 

14 find (and report to the President at the time such injury 

15 determination is submitted to the President) whether im16 ports of the Colombian article are a substantial cause of 

17 serious injury or threat thereof. 

18 (b) PRESIDENTIAL DETERMINATION REGARDING CO19 LOMBIAN ARTICLES.—In determining the nature and ex20 tent of action to be taken under chapter 1 of title II of 

21 the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the Presi22 dent may exclude from the action Colombian articles with 

23 respect to which the Commission has made a negative 

24 finding under subsection (a). 


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1 TITLE IV—PROCUREMENT 

2 SEC. 401. ELIGIBLE PRODUCTS. 

3 Section 308(4)(A) of the Trade Agreements Act of 

4 1979 (19 U.S.C. 2518(4)(A)) is amended— 

5 (1) by striking ‘‘or’’ at the end of clause (vii); 

6 (2) by striking the period at the end of clause 

7 (viii) and inserting ‘‘; or’’; and 

8 (3) by adding at the end the following new 

9 clause: 

10 ‘‘(ix) a party to the United States–Co11 lombia Trade Promotion Agreement, a 

12 product or service of that country or in13 strumentality which is covered under that 

14 agreement for procurement by the United 

15 States.’’. 

16 TITLE V—EXTENSION OF ANDE17 AN TRADE PREFERENCE ACT 

18 SEC. 501. EXTENSION OF ANDEAN TRADE PREFERENCE 

19 ACT. 

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

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

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

23 12, 2011’’ and inserting ‘‘July 31, 2013’’; and 

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

25 2011’’ and inserting ‘‘July 31, 2013’’. 


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1 (b) TREATMENT OF CERTAIN APPAREL ARTICLES.— 

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

3 (19 U.S.C. 3203(b)(3)) is amended— 

4 (1) in subparagraph (B)— 

5 (A) in clause (iii)— 

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

7 succeeding 1-year periods’’ and inserting 

8 ‘‘10 succeeding 1-year periods’’; and 

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

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

11 inserting ‘‘and for the succeeding 5-year 

12 period’’; and 

13 (B) in clause (v)(II), by striking ‘‘7 suc14 ceeding 1-year periods’’ and inserting ‘‘9 suc15 ceeding 1-year periods’’; and 

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

17 ‘‘February 12, 2011’’ and inserting ‘‘July 31, 

18 2013’’. 

19 (c) EFFECTIVE DATE.— 

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

21 this section shall apply to articles entered on or after 

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

23 Act. 

24 (2) RETROACTIVE APPLICATION FOR CERTAIN

25 LIQUIDATIONS AND RELIQUIDATIONS.— 


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1 (A) IN GENERAL.—Notwithstanding sec2 tion 514 of the Tariff Act of 1930 (19 U.S.C. 

3 1514) or any other provision of law and subject 

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

5 which duty-free treatment or other preferential 

6 treatment under the Andean Trade Preference 

7 Act would have applied if the entry had been 

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

9 (i) after February 12, 2011, and 

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

11 of the enactment of this Act, 

12 shall be liquidated or reliquidated as though 

13 such entry occurred on the date that is 15 days 

14 after the date of the enactment of this Act. 

15 (B) REQUESTS.—A liquidation or reliqui16 dation may be made under subparagraph (A) 

17 with respect to an entry only if a request there18 for is filed with U.S. Customs and Border Pro19 tection not later than 180 days after the date 

20 of the enactment of this Act that contains suffi21 cient information to enable U.S. Customs and 

22 Border Protection— 

23 (i) to locate the entry; or 

24 (ii) to reconstruct the entry if it can25 not be located. 


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1 (C) PAYMENT OF AMOUNTS OWED.—Any 

2 amounts owed by the United States pursuant to 

3 the liquidation or reliquidation of an entry of 

4 an article under subparagraph (A) shall be 

5 paid, without interest, not later than 90 days 

6 after the date of the liquidation or reliquidation 

7 (as the case may be). 

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

9 the term ‘‘entry’’ includes a withdrawal from ware10 house for consumption. 

11 TITLE VI—OFFSETS 

12 SEC. 601. ELIMINATION OF CERTAIN NAFTA CUSTOMS FEES 

13 EXEMPTION. 

14 (a) IN GENERAL.—Section 13031(b)(1)(A)(i) of the 

15 Consolidated Omnibus Budget Reconciliation Act of 1985 

16 (19 U.S.C. 58c(b)(1)(A)(i)) is amended to read as follows: 

17 ‘‘(i) the arrival of any passenger whose jour18 ney— 

19 ‘‘(I) originated in a territory or possession 

20 of the United States; or 

21 ‘‘(II) originated in the United States and 

22 was limited to territories and possessions of the 

23 United States;’’. 

24 (b) USE OF FEES.—The fees collected as a result of 

25 the amendment made by this section shall be deposited 


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1 in the Customs User Fee Account, shall be available for 

2 reimbursement of customs services and inspections costs, 

3 and shall be available only to the extent provided in appro4 priations Acts. 

5 (c) EFFECTIVE DATE.—This section and the amend6 ments made by this section shall apply to passengers arriv7 ing from Canada, Mexico, or an adjacent island on or after 

8 the date that is 15 days after the date of the enactment 

9 of this Act. 

10 SEC. 602. EXTENSION OF CUSTOMS USER FEES. 

11 Section 13031(j)(3) of the Consolidated Omnibus 

12 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) 

13 is amended by adding at the end the following: 

14 ‘‘(C)(i) Notwithstanding subparagraph (A), fees may 

15 be charged under paragraphs (9) and (10) of subsection 

16 (a) during the period beginning on August 3, 2021, and 

17 ending on September 30, 2021. 

18 ‘‘(ii) Notwithstanding subparagraph (B)(i), fees may 

19 be charged under paragraphs (1) through (8) of sub20 section (a) during the period beginning on December 9, 

21 2020, and ending on August 31, 2021.’’. 

22 SEC. 603. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

23 TAXES. 

24 Notwithstanding section 6655 of the Internal Rev25 enue Code of 1986, in the case of a corporation with assets 


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1 of not less than $1,000,000,000 (determined as of the end 

2 of the preceding taxable year)— 

3 (1) the amount of any required installment of 

4 corporate estimated tax which is otherwise due in 

5 July, August, or September of 2016 shall be in6 creased by 0.50 percent of such amount (determined 

7 without regard to any increase in such amount not 

8 contained in such Code); and 

9 (2) the amount of the next required installment 

10 after an installment referred to in paragraph (1) 

11 shall be appropriately reduced to reflect the amount 

12 of the increase by reason of such paragraph. 

Passed the House of Representatives October 12, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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