I 

112TH CONGRESS 

1ST SESSION H. R. 3078 

To implement the United States–Colombia Trade Promotion Agreement. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 3, 2011 

Mr. CANTOR (for himself and Mr. FARR) (both by request) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘United States–Colombia Trade Promotion Agreement 

6 Implementation Act’’. 

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

8 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 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 3078 IH

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 

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. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•HR 3078 IH

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 

15 (4) to lay the foundation for further coopera16 tion to expand and enhance the benefits of the 

17 Agreement. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

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

21 means the United States–Colombia Trade Promotion 

22 Agreement approved by Congress under section 

23 101(a)(1). 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•HR 3078 IH

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

2 means the United States International Trade Com3 mission. 

4 (3) HTS.—The term ‘‘HTS’’ means the Har5 monized Tariff Schedule of the United States. 

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

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

8 Annex to the Agreement on Textiles and Clothing 

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

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

11 other than a good listed in Annex 3-C of the Agree12 ment. 

13 TITLE I—APPROVAL OF, AND 

14 GENERAL PROVISIONS RE15 LATING TO, THE AGREEMENT 

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

17 AGREEMENT. 

18 (a) APPROVAL OF AGREEMENT AND STATEMENT OF

19 ADMINISTRATIVE ACTION.—Pursuant to section 2105 of 

20 the Bipartisan Trade Promotion Authority Act of 2002 

21 (19 U.S.C. 3805) and section 151 of the Trade Act of 

22 1974 (19 U.S.C. 2191), Congress approves— 

23 (1) the United States–Colombia Trade Pro24 motion Agreement entered into on November 22, 

25 2006, with the Government of Colombia, as amendVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
5 

•HR 3078 IH

1 ed on June 28, 2007, by the United States and Co2 lombia, and submitted to Congress on October 3, 

3 2011; and 

4 (2) the statement of administrative action pro5 posed to implement the Agreement that was sub6 mitted to Congress on October 3, 2011. 

7 (b) CONDITIONS FOR ENTRY INTO FORCE OF THE

8 AGREEMENT.—At such time as the President determines 

9 that Colombia has taken measures necessary to comply 

10 with those provisions of the Agreement that are to take 

11 effect on the date on which the Agreement enters into 

12 force, the President is authorized to exchange notes with 

13 the Government of Colombia providing for the entry into 

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

15 respect to the United States. 

16 SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED 

17 STATES AND STATE LAW. 

18 (a) RELATIONSHIP OF AGREEMENT TO UNITED

19 STATES LAW.— 

20 (1) UNITED STATES LAW TO PREVAIL IN CON21 FLICT.—No provision of the Agreement, nor the ap22 plication of any such provision to any person or cir23 cumstance, which is inconsistent with any law of the 

24 United States shall have effect. 


rfrederick on DSK6VPTVN1PROD with BILLS
6 

•HR 3078 IH

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

2 be construed— 

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

4 United States, or 

5 (B) to limit any authority conferred under 

6 any law of the United States, 

7 unless specifically provided for in this Act. 

8 (b) RELATIONSHIP OF AGREEMENT TO STATE

9 LAW.— 

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

11 application thereof, may be declared invalid as to 

12 any person or circumstance on the ground that the 

13 provision or application is inconsistent with the 

14 Agreement, except in an action brought by the 

15 United States for the purpose of declaring such law 

16 or application invalid. 

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

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

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

20 State; and 

21 (B) any State law regulating or taxing the 

22 business of insurance. 

23 (c) EFFECT OF AGREEMENT WITH RESPECT TO PRI24 VATE REMEDIES.—No person other than the United 

25 States— 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•HR 3078 IH

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

2 under the Agreement or by virtue of congressional 

3 approval thereof; or 

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

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

6 department, agency, or other instrumentality of the 

7 United States, any State, or any political subdivision 

8 of a State, on the ground that such action or inac9 tion is inconsistent with the Agreement. 

10 SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPATION OF 

11 ENTRY INTO FORCE AND INITIAL REGULA12 TIONS. 

13 (a) IMPLEMENTING ACTIONS.— 

14 (1) PROCLAMATION AUTHORITY.—After the 

15 date of the enactment of this Act— 

16 (A) the President may proclaim such ac17 tions, and 

18 (B) other appropriate officers of the 

19 United States Government may issue such reg20 ulations, 

21 as may be necessary to ensure that any provision of 

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

23 effect on the date on which the Agreement enters 

24 into force is appropriately implemented on such 

25 date, but no such proclamation or regulation may 


rfrederick on DSK6VPTVN1PROD with BILLS
8 

•HR 3078 IH

1 have an effective date earlier than the date on which 

2 the Agreement enters into force. 

3 (2) EFFECTIVE DATE OF CERTAIN PROCLAIMED

4 ACTIONS.—Any action proclaimed by the President 

5 under the authority of this Act that is not subject 

6 to the consultation and layover provisions under sec7 tion 104 may not take effect before the 15th day 

8 after the date on which the text of the proclamation 

9 is published in the Federal Register. 

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

11 day restriction contained in paragraph (2) on the 

12 taking effect of proclaimed actions is waived to the 

13 extent that the application of such restriction would 

14 prevent the taking effect on the date on which the 

15 Agreement enters into force of any action pro16 claimed under this section. 

17 (b) INITIAL REGULATIONS.—Initial regulations nec18 essary or appropriate to carry out the actions required by 

19 or authorized under this Act or proposed in the statement 

20 of administrative action submitted under section 

21 101(a)(2) to implement the Agreement shall, to the max22 imum extent feasible, be issued within 1 year after the 

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

24 of any implementing action that takes effect on a date 

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


rfrederick on DSK6VPTVN1PROD with BILLS
9 

•HR 3078 IH

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

2 maximum extent feasible, be issued within 1 year after 

3 such effective date. 

4 SEC. 104. CONSULTATION AND LAYOVER PROVISIONS FOR, 

5 AND EFFECTIVE DATE OF, PROCLAIMED AC6 TIONS. 

7 If a provision of this Act provides that the implemen8 tation of an action by the President by proclamation is 

9 subject to the consultation and layover requirements of 

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

11 (1) the President has obtained advice regarding 

12 the proposed action from— 

13 (A) the appropriate advisory committees 

14 established under section 135 of the Trade Act 

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

16 (B) the Commission; 

17 (2) the President has submitted to the Com18 mittee on Finance of the Senate and the Committee 

19 on Ways and Means of the House of Representatives 

20 a report that sets forth— 

21 (A) the action proposed to be proclaimed 

22 and the reasons therefor; and 

23 (B) the advice obtained under paragraph 

24 (1); 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•HR 3078 IH

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

2 the first day on which the requirements set forth in 

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

4 and 

5 (4) the President has consulted with the com6 mittees referred to in paragraph (2) regarding the 

7 proposed action during the period referred to in 

8 paragraph (3). 

9 SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PRO10 CEEDINGS. 

11 (a) ESTABLISHMENT OR DESIGNATION OF OFFICE.— 

12 The President is authorized to establish or designate with13 in the Department of Commerce an office that shall be 

14 responsible for providing administrative assistance to pan15 els established under chapter 21 of the Agreement. The 

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

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

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated for each fiscal year after 

20 fiscal year 2011 to the Department of Commerce up to 

21 $262,500 for the establishment and operations of the of22 fice established or designated under subsection (a) and for 

23 the payment of the United States share of the expenses 

24 of panels established under chapter 21 of the Agreement. 


rfrederick on DSK6VPTVN1PROD with BILLS
11 

•HR 3078 IH

1 SEC. 106. ARBITRATION OF CLAIMS. 

2 The United States is authorized to resolve any claim 

3 against the United States covered by article 

4 10.16.1(a)(i)(C) or article 10.16.1(b)(i)(C) of the Agree5 ment, pursuant to the Investor-State Dispute Settlement 

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

7 Agreement. 

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

9 (a) EFFECTIVE DATES.—Except as provided in sub10 section (b) and title V, this Act and the amendments made 

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

12 enters into force. 

13 (b) EXCEPTIONS.— 

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

15 title, and title VI take effect on the date of the en16 actment of this Act. 

17 (2) CERTAIN AMENDATORY PROVISIONS.—The 

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

19 401 of this Act take effect on the date of the enact20 ment of this Act and apply with respect to Colombia 

21 on the date on which the Agreement enters into 

22 force. 

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

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

25 than this subsection and titles V and VI) and the amendVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
12 

•HR 3078 IH

1 ments made by this Act (other than the amendments made 

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

3 TITLE II—CUSTOMS PROVISIONS 

4 SEC. 201. TARIFF MODIFICATIONS. 

5 (a) TARIFF MODIFICATIONS PROVIDED FOR IN THE

6 AGREEMENT.— 

7 (1) PROCLAMATION AUTHORITY.—The Presi8 dent may proclaim— 

9 (A) such modifications or continuation of 

10 any duty, 

11 (B) such continuation of duty-free or ex12 cise treatment, or 

13 (C) such additional duties, 

14 as the President determines to be necessary or ap15 propriate to carry out or apply articles 2.3, 2.5, 2.6, 

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

17 (2) EFFECT ON GSP STATUS.—Notwithstanding 

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

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

20 on which the Agreement enters into force, terminate 

21 the designation of Colombia as a beneficiary devel22 oping country for purposes of title V of the Trade 

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

24 (3) EFFECT ON ATPA STATUS.—Notwith25 standing section 203(a)(1) of the Andean Trade 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•HR 3078 IH

1 Preference Act (19 U.S.C. 3202(a)(1)), the Presi2 dent shall, on the date on which the Agreement en3 ters into force, terminate the designation of Colom4 bia as a beneficiary country for purposes of that 

5 Act. 

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

7 consultation and layover provisions of section 104, the 

8 President may proclaim— 

9 (1) such modifications or continuation of any 

10 duty, 

11 (2) such modifications as the United States 

12 may agree to with Colombia regarding the staging of 

13 any duty treatment set forth in Annex 2.3 of the 

14 Agreement, 

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

16 treatment, or 

17 (4) such additional duties, 

18 as the President determines to be necessary or appropriate 

19 to maintain the general level of reciprocal and mutually 

20 advantageous concessions with respect to Colombia pro21 vided for by the Agreement. 

22 (c) CONVERSION TO AD VALOREM RATES.—For pur23 poses of subsections (a) and (b), with respect to any good 

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

25 States to Annex 2.3 of the Agreement is a specific or comVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
14 

•HR 3078 IH

1 pound rate of duty, the President may substitute for the 

2 base rate an ad valorem rate that the President deter3 mines to be equivalent to the base rate. 

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

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

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

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

8 may be necessary to ensure that imports of agricultural 

9 goods do not disrupt the orderly marketing of commodities 

10 in the United States. 

11 SEC. 202. ADDITIONAL DUTIES ON CERTAIN AGRICUL12 TURAL GOODS. 

13 (a) DEFINITIONS.—In this section: 

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

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

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

17 duty equal to the lowest of— 

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

19 United States to Annex 2.3 of the Agreement; 

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

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

22 Agreement enters into force, apply to a good 

23 classifiable in the same 8-digit subheading of 

24 the HTS as the safeguard good; or 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•HR 3078 IH

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

2 would, at the time the additional duty is im3 posed under subsection (b), apply to a good 

4 classifiable in the same 8-digit subheading of 

5 the HTS as the safeguard good. 

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

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

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

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

10 Annex 2.3 of the Agreement. 

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

12 good’’ means a good— 

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

14 United States to Annex 2.18 of the Agreement; 

15 (B) that qualifies as an originating good 

16 under section 203, except that operations per17 formed in or material obtained from the United 

18 States shall be considered as if the operations 

19 were performed in, or the material was obtained 

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

21 Agreement; and 

22 (C) for which a claim for preferential tariff 

23 treatment under the Agreement has been made. 

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

25 ‘‘year 1 of the Agreement’’ means the period beginVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
16 

•HR 3078 IH

1 ning on the date, in a calendar year, on which the 

2 Agreement enters into force and ending on Decem3 ber 31 of that calendar year. 

4 (5) YEARS OTHER THAN YEAR 1 OF THE

5 AGREEMENT.—Any reference to a year of the Agree6 ment subsequent to year 1 of the Agreement shall 

7 be deemed to be a reference to the corresponding 

8 calendar year in which the Agreement is in force. 

9 (b) ADDITIONAL DUTIES ON SAFEGUARD GOODS.— 

10 (1) IN GENERAL.—In addition to any duty pro11 claimed under subsection (a) or (b) of section 201, 

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

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

14 safeguard good imported into the United States in 

15 a calendar year if the Secretary determines that, 

16 prior to such importation, the total volume of that 

17 safeguard good that is imported into the United 

18 States in that calendar year exceeds 140 percent of 

19 the volume that is provided for that safeguard good 

20 in the corresponding year in the applicable table 

21 contained in Appendix I of the General Notes to the 

22 Schedule of the United States to Annex 2.3 of the 

23 Agreement. For purposes of this subsection, year 1 

24 in the table means year 1 of the Agreement. 


rfrederick on DSK6VPTVN1PROD with BILLS
17 

•HR 3078 IH

1 (2) CALCULATION OF ADDITIONAL DUTY.—The 

2 additional duty on a safeguard good under this sub3 section shall be— 

4 (A) in year 1 of the Agreement through 

5 year 4 of the Agreement, an amount equal to 

6 100 percent of the excess of the applicable NTR 

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

8 duty; 

9 (B) in year 5 of the Agreement through 

10 year 7 of the Agreement, an amount equal to 

11 75 percent of the excess of the applicable NTR 

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

13 duty; and 

14 (C) in year 8 of the Agreement through 

15 year 9 of the Agreement, an amount equal to 

16 50 percent of the excess of the applicable NTR 

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

18 duty. 

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

20 date on which the Secretary of the Treasury first as21 sesses an additional duty in a calendar year on a 

22 good under this subsection, the Secretary shall no23 tify the Government of Colombia in writing of such 

24 action and shall provide to that Government data 

25 supporting the assessment of the additional duty. 


rfrederick on DSK6VPTVN1PROD with BILLS
18 

•HR 3078 IH

1 (c) EXCEPTIONS.—No additional duty shall be as2 sessed on a good under subsection (b) if, at the time of 

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

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

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

6 1974 (19 U.S.C. 2251 et seq.). 

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

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

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

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

11 United States to Annex 2.3 of the Agreement. 

12 SEC. 203. RULES OF ORIGIN. 

13 (a) APPLICATION AND INTERPRETATION.—In this 

14 section: 

15 (1) TARIFF CLASSIFICATION.—The basis for 

16 any tariff classification is the HTS. 

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

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

19 subheading, such reference shall be a reference to a 

20 chapter, heading, or subheading of the HTS. 

21 (3) COST OR VALUE.—Any cost or value re22 ferred to in this section shall be recorded and main23 tained in accordance with the generally accepted ac24 counting principles applicable in the territory of the 


rfrederick on DSK6VPTVN1PROD with BILLS
19 

•HR 3078 IH

1 country in which the good is produced (whether Co2 lombia or the United States). 

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

4 and for purposes of implementing the preferential tariff 

5 treatment provided for under the Agreement, except as 

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

7 good if— 

8 (1) the good is a good wholly obtained or pro9 duced entirely in the territory of Colombia, the 

10 United States, or both; 

11 (2) the good— 

12 (A) is produced entirely in the territory of 

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

14 (i) each of the nonoriginating mate15 rials used in the production of the good 

16 undergoes an applicable change in tariff 

17 classification specified in Annex 3-A or 

18 Annex 4.1 of the Agreement; or 

19 (ii) the good otherwise satisfies any 

20 applicable regional value-content or other 

21 requirements specified in Annex 3-A or 

22 Annex 4.1 of the Agreement; and 

23 (B) satisfies all other applicable require24 ments of this section; or 


rfrederick on DSK6VPTVN1PROD with BILLS
20 

•HR 3078 IH

1 (3) the good is produced entirely in the terri2 tory of Colombia, the United States, or both, exclu3 sively from materials described in paragraph (1) or 

4 (2). 

5 (c) REGIONAL VALUE-CONTENT.— 

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

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

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

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

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

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

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

13 paragraph (3). 

14 (2) BUILD-DOWN METHOD.— 

15 (A) IN GENERAL.—The regional value-con16 tent of a good may be calculated on the basis 

17 of the following build-down method: 


rfrederick on DSK6VPTVN1PROD with BILLS
21 

•HR 3078 IH

AV¥VNM 

RVC = ————— × 100 

AV 

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

2 (i) RVC.—The term ‘‘RVC’’ means 

3 the regional value-content of the good, ex4 pressed as a percentage. 

5 (ii) AV.—The term ‘‘AV’’ means the 

6 adjusted value of the good. 

7 (iii) VNM.—The term ‘‘VNM’’ means 

8 the value of nonoriginating materials that 

9 are acquired and used by the producer in 

10 the production of the good, but does not 

11 include the value of a material that is self12 produced. 

13 (3) BUILD-UP METHOD.— 

14 (A) IN GENERAL.—The regional value-con15 tent of a good may be calculated on the basis 

16 of the following build-up method: 

VOM 

RVC = ————— × 100 

AV 

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

18 (i) RVC.—The term ‘‘RVC’’ means 

19 the regional value-content of the good, ex20 pressed as a percentage. 

21 (ii) AV.—The term ‘‘AV’’ means the 

22 adjusted value of the good. 


rfrederick on DSK6VPTVN1PROD with BILLS
22 

•HR 3078 IH

1 (iii) VOM.—The term ‘‘VOM’’ means 

2 the value of originating materials that are 

3 acquired or self-produced, and used by the 

4 producer in the production of the good. 

5 (4) SPECIAL RULE FOR CERTAIN AUTOMOTIVE

6 GOODS.— 

7 (A) IN GENERAL.—For purposes of sub8 section (b)(2), the regional value-content of an 

9 automotive good referred to in Annex 4.1 of the 

10 Agreement shall be calculated by the importer, 

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

12 of the following net cost method: 

NC¥VNM 

RVC = ————— × 100 

NC 

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

14 (i) AUTOMOTIVE GOOD.—The term 

15 ‘‘automotive good’’ means a good provided 

16 for in any of subheadings 8407.31 through 

17 8407.34, subheading 8408.20, heading 

18 8409, or any of headings 8701 through 

19 8708. 

20 (ii) RVC.—The term ‘‘RVC’’ means 

21 the regional value-content of the auto22 motive good, expressed as a percentage. 

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

24 net cost of the automotive good. 


rfrederick on DSK6VPTVN1PROD with BILLS
23 

•HR 3078 IH

1 (iv) VNM.—The term ‘‘VNM’’ means 

2 the value of nonoriginating materials that 

3 are acquired and used by the producer in 

4 the production of the automotive good, but 

5 does not include the value of a material 

6 that is self-produced. 

7 (C) MOTOR VEHICLES.— 

8 (i) BASIS OF CALCULATION.—For 

9 purposes of determining the regional value10 content under subparagraph (A) for an 

11 automotive good that is a motor vehicle 

12 provided for in any of headings 8701 

13 through 8705, an importer, exporter, or 

14 producer may average the amounts cal15 culated under the net cost formula con16 tained in subparagraph (A), over the pro17 ducer’s fiscal year— 

18 (I) with respect to all motor vehi19 cles in any one of the categories de20 scribed in clause (ii); or 

21 (II) with respect to all motor ve22 hicles in any such category that are 

23 exported to the territory of the United 

24 States or Colombia. 


rfrederick on DSK6VPTVN1PROD with BILLS
24 

•HR 3078 IH

1 (ii) CATEGORIES.—A category is de2 scribed in this clause if it— 

3 (I) is the same model line of 

4 motor vehicles, is in the same class of 

5 motor vehicles, and is produced in the 

6 same plant in the territory of Colom7 bia or the United States, as the good 

8 described in clause (i) for which re9 gional value-content is being cal10 culated; 

11 (II) is the same class of motor 

12 vehicles, and is produced in the same 

13 plant in the territory of Colombia or 

14 the United States, as the good de15 scribed in clause (i) for which regional 

16 value-content is being calculated; or 

17 (III) is the same model line of 

18 motor vehicles produced in the terri19 tory of Colombia or the United States 

20 as the good described in clause (i) for 

21 which regional value-content is being 

22 calculated. 

23 (D) OTHER AUTOMOTIVE GOODS.—For 

24 purposes of determining the regional value-con25 tent under subparagraph (A) for automotive 


rfrederick on DSK6VPTVN1PROD with BILLS
25 

•HR 3078 IH

1 materials provided for in any of subheadings 

2 8407.31 through 8407.34, in subheading 

3 8408.20, or in heading 8409, 8706, 8707, or 

4 8708, that are produced in the same plant, an 

5 importer, exporter, or producer may— 

6 (i) average the amounts calculated 

7 under the net cost formula contained in 

8 subparagraph (A) over— 

9 (I) the fiscal year of the motor 

10 vehicle producer to whom the auto11 motive goods are sold, 

12 (II) any quarter or month, or 

13 (III) the fiscal year of the pro14 ducer of such goods, 

15 if the goods were produced during the fis16 cal year, quarter, or month that is the 

17 basis for the calculation; 

18 (ii) determine the average referred to 

19 in clause (i) separately for such goods sold 

20 to 1 or more motor vehicle producers; or 

21 (iii) make a separate determination 

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

23 are exported to the territory of Colombia 

24 or the United States. 


rfrederick on DSK6VPTVN1PROD with BILLS
26 

•HR 3078 IH

1 (E) CALCULATING NET COST.—The im2 porter, exporter, or producer of an automotive 

3 good shall, consistent with the provisions re4 garding allocation of costs provided for in gen5 erally accepted accounting principles, determine 

6 the net cost of the automotive good under sub7 paragraph (B) by— 

8 (i) calculating the total cost incurred 

9 with respect to all goods produced by the 

10 producer of the automotive good, sub11 tracting any sales promotion, marketing, 

12 and after-sales service costs, royalties, 

13 shipping and packing costs, and nonallow14 able interest costs that are included in the 

15 total cost of all such goods, and then rea16 sonably allocating the resulting net cost of 

17 those goods to the automotive good; 

18 (ii) calculating the total cost incurred 

19 with respect to all goods produced by that 

20 producer, reasonably allocating the total 

21 cost to the automotive good, and then sub22 tracting any sales promotion, marketing, 

23 and after-sales service costs, royalties, 

24 shipping and packing costs, and nonallow25 able interest costs that are included in the 


rfrederick on DSK6VPTVN1PROD with BILLS
27 

•HR 3078 IH

1 portion of the total cost allocated to the 

2 automotive good; or 

3 (iii) reasonably allocating each cost 

4 that forms part of the total cost incurred 

5 with respect to the automotive good so that 

6 the aggregate of these costs does not in7 clude any sales promotion, marketing, and 

8 after-sales service costs, royalties, shipping 

9 and packing costs, or nonallowable interest 

10 costs. 

11 (d) VALUE OF MATERIALS.— 

12 (1) IN GENERAL.—For the purpose of calcu13 lating the regional value-content of a good under 

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

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

16 material is— 

17 (A) in the case of a material that is im18 ported by the producer of the good, the ad19 justed value of the material; 

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

21 the territory in which the good is produced, the 

22 value, determined in accordance with Articles 1 

23 through 8, Article 15, and the corresponding in24 terpretive notes, of the Agreement on Imple25 mentation of Article VII of the General AgreeVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
28 

•HR 3078 IH

1 ment on Tariffs and Trade 1994 referred to in 

2 section 101(d)(8) of the Uruguay Round Agree3 ments Act (19 U.S.C. 3511(d)(8)), as set forth 

4 in regulations promulgated by the Secretary of 

5 the Treasury providing for the application of 

6 such Articles in the absence of an importation 

7 by the producer; or 

8 (C) in the case of a material that is self9 produced, the sum of— 

10 (i) all expenses incurred in the pro11 duction of the material, including general 

12 expenses; and 

13 (ii) an amount for profit equivalent to 

14 the profit added in the normal course of 

15 trade. 

16 (2) FURTHER ADJUSTMENTS TO THE VALUE OF

17 MATERIALS.— 

18 (A) ORIGINATING MATERIAL.—The fol19 lowing expenses, if not included in the value of 

20 an originating material calculated under para21 graph (1), may be added to the value of the 

22 originating material: 

23 (i) The costs of freight, insurance, 

24 packing, and all other costs incurred in 

25 transporting the material within or beVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
29 

•HR 3078 IH

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 (B) NONORIGINATING MATERIAL.—The 

16 following expenses, if included in the value of a 

17 nonoriginating material calculated under para18 graph (1), may be deducted from the value of 

19 the nonoriginating material: 

20 (i) The costs of freight, insurance, 

21 packing, and all other costs incurred in 

22 transporting the material within or be23 tween the territory of Colombia, the United 

24 States, or both, to the location of the pro25 ducer. 


rfrederick on DSK6VPTVN1PROD with BILLS
30 

•HR 3078 IH

1 (ii) Duties, taxes, and customs broker2 age fees on the material paid in the terri3 tory of Colombia, the United States, or 

4 both, other than duties or taxes that are 

5 waived, refunded, refundable, or otherwise 

6 recoverable, including credit against duty 

7 or tax paid or payable. 

8 (iii) The cost of waste and spoilage re9 sulting from the use of the material in the 

10 production of the good, less the value of 

11 renewable scrap or byproducts. 

12 (iv) The cost of originating materials 

13 used in the production of the nonorigi14 nating material in the territory of Colom15 bia, the United States, or both. 

16 (e) ACCUMULATION.— 

17 (1) ORIGINATING MATERIALS USED IN PRODUC18 TION OF GOODS OF THE OTHER COUNTRY.—Origi19 nating materials from the territory of Colombia or 

20 the United States that are used in the production of 

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

22 considered to originate in the territory of such other 

23 country. 

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

25 produced in the territory of Colombia, the United 


rfrederick on DSK6VPTVN1PROD with BILLS
31 

•HR 3078 IH

1 States, or both, by 1 or more producers, is an origi2 nating good if the good satisfies the requirements of 

3 subsection (b) and all other applicable requirements 

4 of this section. 

5 (f) DE MINIMIS AMOUNTS OF NONORIGINATING MA6 TERIALS.— 

7 (1) IN GENERAL.—Except as provided in para8 graphs (2) and (3), a good that does not undergo a 

9 change in tariff classification pursuant to Annex 4.1 

10 of the Agreement is an originating good if— 

11 (A)(i) the value of all nonoriginating mate12 rials that— 

13 (I) are used in the production of the 

14 good, and 

15 (II) do not undergo the applicable 

16 change in tariff classification (set forth in 

17 Annex 4.1 of the Agreement), 

18 does not exceed 10 percent of the adjusted 

19 value of the good; 

20 (ii) the good meets all other applicable re21 quirements of this section; and 

22 (iii) the value of such nonoriginating mate23 rials is included in the value of nonoriginating 

24 materials for any applicable regional value-con25 tent requirement for the good; or 


rfrederick on DSK6VPTVN1PROD with BILLS
32 

•HR 3078 IH

1 (B) the good meets the requirements set 

2 forth in paragraph 2 of Annex 4.6 of the Agree3 ment. 

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

5 apply to the following: 

6 (A) A nonoriginating material provided for 

7 in chapter 4, or a nonoriginating dairy prepara8 tion containing over 10 percent by weight of 

9 milk solids provided for in subheading 1901.90 

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

11 good provided for in chapter 4. 

12 (B) A nonoriginating material provided for 

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

15 milk solids provided for in subheading 1901.90, 

16 that is used in the production of any of the fol17 lowing goods: 

18 (i) Infant preparations containing 

19 over 10 percent by weight of milk solids 

20 provided for in subheading 1901.10. 

21 (ii) Mixes and doughs, containing over 

22 25 percent by weight of butterfat, not put 

23 up for retail sale, provided for in sub24 heading 1901.20. 


rfrederick on DSK6VPTVN1PROD with BILLS
33 

•HR 3078 IH

1 (iii) Dairy preparations containing 

2 over 10 percent by weight of milk solids 

3 provided for in subheading 1901.90 or 

4 2106.90. 

5 (iv) Goods provided for in heading 

6 2105. 

7 (v) Beverages containing milk pro8 vided for in subheading 2202.90. 

9 (vi) Animal feeds containing over 10 

10 percent by weight of milk solids provided 

11 for in subheading 2309.90. 

12 (C) A nonoriginating material provided for 

13 in heading 0805, or any of subheadings 

14 2009.11 through 2009.39, that is used in the 

15 production of a good provided for in any of sub16 headings 2009.11 through 2009.39, or in fruit 

17 or vegetable juice of any single fruit or vege18 table, fortified with minerals or vitamins, con19 centrated or unconcentrated, provided for in 

20 subheading 2106.90 or 2202.90. 

21 (D) A nonoriginating material provided for 

22 in heading 0901 or 2101 that is used in the 

23 production of a good provided for in heading 

24 0901 or 2101. 


rfrederick on DSK6VPTVN1PROD with BILLS
34 

•HR 3078 IH

1 (E) A nonoriginating material provided for 

2 in chapter 15 that is used in the production of 

3 a good provided for in any of headings 1501 

4 through 1508, or any of headings 1511 through 

5 1515. 

6 (F) A nonoriginating material provided for 

7 in heading 1701 that is used in the production 

8 of a good provided for in any of headings 1701 

9 through 1703. 

10 (G) A nonoriginating material provided for 

11 in chapter 17 that is used in the production of 

12 a good provided for in subheading 1806.10. 

13 (H) Except as provided in subparagraphs 

14 (A) through (G) and Annex 4.1 of the Agree15 ment, a nonoriginating material used in the 

16 production of a good provided for in any of 

17 chapters 1 through 24, unless the nonorigi18 nating material is provided for in a different 

19 subheading than the good for which origin is 

20 being determined under this section. 

21 (I) A nonoriginating material that is a tex22 tile or apparel good. 

23 (3) TEXTILE OR APPAREL GOODS.— 

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

25 subparagraph (B), a textile or apparel good 


rfrederick on DSK6VPTVN1PROD with BILLS
35 

•HR 3078 IH

1 that is not an originating good because certain 

2 fibers or yarns used in the production of the 

3 component of the good that determines the tar4 iff classification of the good do not undergo an 

5 applicable change in tariff classification, set 

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

7 considered to be an originating good if— 

8 (i) the total weight of all such fibers 

9 or yarns in that component is not more 

10 than 10 percent of the total weight of that 

11 component; or 

12 (ii) the yarns are those described in 

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

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

15 3203(b)(3)(B)(vi)(IV)) (as in effect on 

16 February 12, 2011). 

17 (B) CERTAIN TEXTILE OR APPAREL

18 GOODS.—A textile or apparel good containing 

19 elastomeric yarns in the component of the good 

20 that determines the tariff classification of the 

21 good shall be considered to be an originating 

22 good only if such yarns are wholly formed in 

23 the territory of Colombia, the United States, or 

24 both. 


rfrederick on DSK6VPTVN1PROD with BILLS
36 

•HR 3078 IH

1 (C) YARN, FABRIC, OR FIBER.—For pur2 poses of this paragraph, in the case of a good 

3 that is a yarn, fabric, or fiber, the term ‘‘com4 ponent of the good that determines the tariff 

5 classification of the good’’ means all of the fi6 bers in the good. 

7 (g) FUNGIBLE GOODS AND MATERIALS.— 

8 (1) IN GENERAL.— 

9 (A) CLAIM FOR PREFERENTIAL TARIFF

10 TREATMENT.—A person claiming that a fun11 gible good or fungible material is an originating 

12 good may base the claim either on the physical 

13 segregation of the fungible good or fungible ma14 terial or by using an inventory management 

15 method with respect to the fungible good or 

16 fungible material. 

17 (B) INVENTORY MANAGEMENT METHOD.— 

18 In this subsection, the term ‘‘inventory manage19 ment method’’ means— 

20 (i) averaging; 

21 (ii) ‘‘last-in, first-out’’; 

22 (iii) ‘‘first-in, first-out’’; or 

23 (iv) any other method— 

24 (I) recognized in the generally 

25 accepted accounting principles of the 


rfrederick on DSK6VPTVN1PROD with BILLS
37 

•HR 3078 IH

1 country in which the production is 

2 performed (whether Colombia or the 

3 United States); or 

4 (II) otherwise accepted by that 

5 country. 

6 (2) ELECTION OF INVENTORY METHOD.—A 

7 person selecting an inventory management method 

8 under paragraph (1) for a particular fungible good 

9 or fungible material shall continue to use that meth10 od for that fungible good or fungible material 

11 throughout the fiscal year of such person. 

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

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

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

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

16 accessories, spare parts, or tools shall— 

17 (A) be treated as originating goods if the 

18 good is an originating good; and 

19 (B) be disregarded in determining whether 

20 all the nonoriginating materials used in the pro21 duction of the good undergo the applicable 

22 change in tariff classification set forth in Annex 

23 4.1 of the Agreement. 

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

25 only if— 


rfrederick on DSK6VPTVN1PROD with BILLS
38 

•HR 3078 IH

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

2 are classified with and not invoiced separately 

3 from the good, regardless of whether such ac4 cessories, spare parts, or tools are specified or 

5 are separately identified in the invoice for the 

6 good; and 

7 (B) the quantities and value of the acces8 sories, spare parts, or tools are customary for 

9 the good. 

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

11 subject to a regional value-content requirement, the 

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

13 be taken into account as originating or nonorigi14 nating materials, as the case may be, in calculating 

15 the regional value-content of the good. 

16 (i) PACKAGING MATERIALS AND CONTAINERS FOR

17 RETAIL SALE.—Packaging materials and containers in 

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

19 the good, shall be disregarded in determining whether all 

20 the nonoriginating materials used in the production of the 

21 good undergo the applicable change in tariff classification 

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

23 and, if the good is subject to a regional value-content re24 quirement, the value of such packaging materials and con25 tainers shall be taken into account as originating or nonVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
39 

•HR 3078 IH

1 originating materials, as the case may be, in calculating 

2 the regional value-content of the good. 

3 (j) PACKING MATERIALS AND CONTAINERS FOR

4 SHIPMENT.—Packing materials and containers for ship5 ment shall be disregarded in determining whether a good 

6 is an originating good. 

7 (k) INDIRECT MATERIALS.—An indirect material 

8 shall be treated as an originating material without regard 

9 to where it is produced. 

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

11 undergone production necessary to qualify as an origi12 nating good under subsection (b) shall not be considered 

13 to be an originating good if, subsequent to that produc14 tion, the good— 

15 (1) undergoes further production or any other 

16 operation outside the territory of Colombia or the 

17 United States, other than unloading, reloading, or 

18 any other operation necessary to preserve the good 

19 in good condition or to transport the good to the ter20 ritory of Colombia or the United States; or 

21 (2) does not remain under the control of cus22 toms authorities in the territory of a country other 

23 than Colombia or the United States. 

24 (m) GOODS CLASSIFIABLE AS GOODS PUT UP IN

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


rfrederick on DSK6VPTVN1PROD with BILLS
40 

•HR 3078 IH

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

2 goods put up in sets for retail sale as provided for in Gen3 eral Rule of Interpretation 3 of the HTS shall not be con4 sidered to be originating goods unless— 

5 (1) each of the goods in the set is an origi6 nating good; or 

7 (2) the total value of the nonoriginating goods 

8 in the set does not exceed— 

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

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

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

12 or apparel goods, 15 percent of the adjusted 

13 value of the set. 

14 (n) DEFINITIONS.—In this section: 

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

16 value’’ means the value determined in accordance 

17 with Articles 1 through 8, Article 15, and the cor18 responding interpretive notes, of the Agreement on 

19 Implementation of Article VII of the General Agree20 ment on Tariffs and Trade 1994 referred to in sec21 tion 101(d)(8) of the Uruguay Round Agreements 

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

23 to exclude any costs, charges, or expenses incurred 

24 for transportation, insurance, and related services 

25 incident to the international shipment of the merVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
41 

•HR 3078 IH

1 chandise from the country of exportation to the 

2 place of importation. 

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

4 ‘‘class of motor vehicles’’ means any one of the fol5 lowing categories of motor vehicles: 

6 (A) Motor vehicles provided for in sub7 heading 8701.20, 8704.10, 8704.22, 8704.23, 

8 8704.32, or 8704.90, or heading 8705 or 8706, 

9 or motor vehicles for the transport of 16 or 

10 more persons provided for in subheading 

11 8702.10 or 8702.90. 

12 (B) Motor vehicles provided for in sub13 heading 8701.10 or any of subheadings 

14 8701.30 through 8701.90. 

15 (C) Motor vehicles for the transport of 15 

16 or fewer persons provided for in subheading 

17 8702.10 or 8702.90, or motor vehicles provided 

18 for in subheading 8704.21 or 8704.31. 

19 (D) Motor vehicles provided for in any of 

20 subheadings 8703.21 through 8703.90. 

21 (3) FUNGIBLE GOOD OR FUNGIBLE MATE22 RIAL.—The term ‘‘fungible good’’ or ‘‘fungible mate23 rial’’ means a good or material, as the case may be, 

24 that is interchangeable with another good or mate25 rial for commercial purposes and the properties of 


rfrederick on DSK6VPTVN1PROD with BILLS
42 

•HR 3078 IH

1 which are essentially identical to such other good or 

2 material. 

3 (4) GENERALLY ACCEPTED ACCOUNTING PRIN4 CIPLES.—The term ‘‘generally accepted accounting 

5 principles’’— 

6 (A) means the recognized consensus or 

7 substantial authoritative support given in the 

8 territory of Colombia or the United States, as 

9 the case may be, with respect to the recording 

10 of revenues, expenses, costs, assets, and liabil11 ities, the disclosure of information, and the 

12 preparation of financial statements; and 

13 (B) may encompass broad guidelines for 

14 general application as well as detailed stand15 ards, practices, and procedures. 

16 (5) GOOD WHOLLY OBTAINED OR PRODUCED

17 ENTIRELY IN THE TERRITORY OF COLOMBIA, THE

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

19 obtained or produced entirely in the territory of Co20 lombia, the United States, or both’’ means any of 

21 the following: 

22 (A) Plants and plant products harvested or 

23 gathered in the territory of Colombia, the 

24 United States, or both. 


rfrederick on DSK6VPTVN1PROD with BILLS
43 

•HR 3078 IH

1 (B) Live animals born and raised in the 

2 territory of Colombia, the United States, or 

3 both. 

4 (C) Goods obtained in the territory of Co5 lombia, the United States, or both from live 

6 animals. 

7 (D) Goods obtained from hunting, trap8 ping, fishing, or aquaculture conducted in the 

9 territory of Colombia, the United States, or 

10 both. 

11 (E) Minerals and other natural resources 

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

13 that are extracted or taken from the territory 

14 of Colombia, the United States, or both. 

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

16 taken from the sea, seabed, or subsoil outside 

17 the territory of Colombia or the United States 

18 by— 

19 (i) a vessel that is registered or re20 corded with Colombia and flying the flag of 

21 Colombia; or 

22 (ii) a vessel that is documented under 

23 the laws of the United States. 


rfrederick on DSK6VPTVN1PROD with BILLS
44 

•HR 3078 IH

1 (G) Goods produced on board a factory 

2 ship from goods referred to in subparagraph 

3 (F), if such factory ship— 

4 (i) is registered or recorded with Co5 lombia and flies the flag of Colombia; or 

6 (ii) is a vessel that is documented 

7 under the laws of the United States. 

8 (H)(i) Goods taken by Colombia or a per9 son of Colombia from the seabed or subsoil out10 side the territorial waters of Colombia, if Co11 lombia has rights to exploit such seabed or sub12 soil. 

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

14 person of the United States from the seabed or 

15 subsoil outside the territorial waters of the 

16 United States, if the United States has rights 

17 to exploit such seabed or subsoil. 

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

19 goods are obtained by Colombia or the United 

20 States or a person of Colombia or the United 

21 States and not processed in the territory of a 

22 country other than Colombia or the United 

23 States. 

24 (J) Waste and scrap derived from— 


rfrederick on DSK6VPTVN1PROD with BILLS
45 

•HR 3078 IH

1 (i) manufacturing or processing oper2 ations in the territory of Colombia, the 

3 United States, or both; or 

4 (ii) used goods collected in the terri5 tory of Colombia, the United States, or 

6 both, if such goods are fit only for the re7 covery of raw materials. 

8 (K) Recovered goods derived in the terri9 tory of Colombia, the United States, or both, 

10 from used goods, and used in the territory of 

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

12 production of remanufactured goods. 

13 (L) Goods, at any stage of production, pro14 duced in the territory of Colombia, the United 

15 States, or both, exclusively from— 

16 (i) goods referred to in any of sub17 paragraphs (A) through (J); or 

18 (ii) the derivatives of goods referred 

19 to in clause (i). 

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

21 goods’’ means goods that are the same in all re22 spects relevant to the rule of origin that qualifies the 

23 goods as originating goods. 

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

25 material’’ means a good used in the production, testVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
46 

•HR 3078 IH

1 ing, or inspection of another good but not physically 

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

3 the maintenance of buildings or the operation of 

4 equipment associated with the production of another 

5 good, including— 

6 (A) fuel and energy; 

7 (B) tools, dies, and molds; 

8 (C) spare parts and materials used in the 

9 maintenance of equipment or buildings; 

10 (D) lubricants, greases, compounding ma11 terials, and other materials used in production 

12 or used to operate equipment or buildings; 

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

14 safety equipment, and supplies; 

15 (F) equipment, devices, and supplies used 

16 for testing or inspecting the good; 

17 (G) catalysts and solvents; and 

18 (H) any other good that is not incor19 porated into the other good but the use of 

20 which in the production of the other good can 

21 reasonably be demonstrated to be a part of that 

22 production. 

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

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

25 including a part or an ingredient. 


rfrederick on DSK6VPTVN1PROD with BILLS
47 

•HR 3078 IH

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

2 term ‘‘material that is self-produced’’ means an orig3 inating material that is produced by a producer of 

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

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

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

7 of motor vehicles having the same platform or model 

8 name. 

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

10 total cost minus sales promotion, marketing, and 

11 after-sales service costs, royalties, shipping and 

12 packing costs, and nonallowable interest costs that 

13 are included in the total cost. 

14 (12) NONALLOWABLE INTEREST COSTS.—The 

15 term ‘‘nonallowable interest costs’’ means interest 

16 costs incurred by a producer that exceed 700 basis 

17 points above the applicable official interest rate for 

18 comparable maturities of the country in which the 

19 producer is located. 

20 (13) NONORIGINATING GOOD OR NONORIGI21 NATING MATERIAL.—The term ‘‘nonoriginating 

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

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

24 as originating under this section. 


rfrederick on DSK6VPTVN1PROD with BILLS
48 

•HR 3078 IH

1 (14) PACKING MATERIALS AND CONTAINERS

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

3 containers for shipment’’ means goods used to pro4 tect another good during its transportation and does 

5 not include the packaging materials and containers 

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

7 (15) PREFERENTIAL TARIFF TREATMENT.— 

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

9 customs duty rate, and the treatment under article 

10 2.10.4 of the Agreement, that are applicable to an 

11 originating good pursuant to the Agreement. 

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

13 a person who engages in the production of a good 

14 in the territory of Colombia or the United States. 

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

16 means growing, mining, harvesting, fishing, raising, 

17 trapping, hunting, manufacturing, processing, as18 sembling, or disassembling a good. 

19 (18) REASONABLY ALLOCATE.—The term ‘‘rea20 sonably allocate’’ means to apportion in a manner 

21 that would be appropriate under generally accepted 

22 accounting principles. 

23 (19) RECOVERED GOODS.—The term ‘‘recov24 ered goods’’ means materials in the form of indi25 vidual parts that are the result of— 


rfrederick on DSK6VPTVN1PROD with BILLS
49 

•HR 3078 IH

1 (A) the disassembly of used goods into in2 dividual parts; and 

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

4 other processing that is necessary for improve5 ment to sound working condition of such indi6 vidual parts. 

7 (20) REMANUFACTURED GOOD.—The term ‘‘re8 manufactured good’’ means an industrial good as9 sembled in the territory of Colombia or the United 

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

11 85, 87, or 90 or heading 9402, other than a good 

12 classified under heading 8418 or 8516, and that— 

13 (A) is entirely or partially comprised of re14 covered goods; and 

15 (B) has a similar life expectancy and en16 joys a factory warranty similar to such a good 

17 that is new. 

18 (21) TOTAL COST.— 

19 (A) IN GENERAL.—The term ‘‘total 

20 cost’’— 

21 (i) means all product costs, period 

22 costs, and other costs for a good incurred 

23 in the territory of Colombia, the United 

24 States, or both; and 


rfrederick on DSK6VPTVN1PROD with BILLS
50 

•HR 3078 IH

1 (ii) does not include profits that are 

2 earned by the producer, regardless of 

3 whether they are retained by the producer 

4 or paid out to other persons as dividends, 

5 or taxes paid on those profits, including 

6 capital gains taxes. 

7 (B) OTHER DEFINITIONS.—In this para8 graph: 

9 (i) PRODUCT COSTS.—The term 

10 ‘‘product costs’’ means costs that are asso11 ciated with the production of a good and 

12 include the value of materials, direct labor 

13 costs, and direct overhead. 

14 (ii) PERIOD COSTS.—The term ‘‘pe15 riod costs’’ means costs, other than prod16 uct costs, that are expensed in the period 

17 in which they are incurred, such as selling 

18 expenses and general and administrative 

19 expenses. 

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

21 costs’’ means all costs recorded on the 

22 books of the producer that are not product 

23 costs or period costs, such as interest. 

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

25 or consumed in the production of goods. 


rfrederick on DSK6VPTVN1PROD with BILLS
51 

•HR 3078 IH

1 (o) PRESIDENTIAL PROCLAMATION AUTHORITY.— 

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

3 to proclaim, as part of the HTS— 

4 (A) the provisions set forth in Annex 3-A 

5 and Annex 4.1 of the Agreement; and 

6 (B) any additional subordinate category 

7 that is necessary to carry out this title con8 sistent with the Agreement. 

9 (2) FABRICS AND YARNS NOT AVAILABLE IN

10 COMMERCIAL QUANTITIES IN THE UNITED

11 STATES.—The President is authorized to proclaim 

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

13 3-B of the Agreement in an unrestricted quantity, as 

14 provided in article 3.3.5(e) of the Agreement. 

15 (3) MODIFICATIONS.— 

16 (A) IN GENERAL.—Subject to the consulta17 tion and layover provisions of section 104, the 

18 President may proclaim modifications to the 

19 provisions proclaimed under the authority of 

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

21 chapters 50 through 63 (as included in Annex 

22 3-A of the Agreement). 

23 (B) ADDITIONAL PROCLAMATIONS.—Not24 withstanding subparagraph (A), and subject to 

25 the consultation and layover provisions of secVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
52 

•HR 3078 IH

1 tion 104, the President may proclaim before the 

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

3 on which the Agreement enters into force, 

4 modifications to correct any typographical, cler5 ical, or other nonsubstantive technical error re6 garding the provisions of chapters 50 through 

7 63 (as included in Annex 3-A of the Agree8 ment). 

9 (4) FABRICS, YARNS, OR FIBERS NOT AVAIL10 ABLE IN COMMERCIAL QUANTITIES IN COLOMBIA

11 AND THE UNITED STATES.— 

12 (A) IN GENERAL.—Notwithstanding para13 graph (3)(A), the list of fabrics, yarns, and fi14 bers set forth in Annex 3-B of the Agreement 

15 may be modified as provided for in this para16 graph. 

17 (B) DEFINITIONS.—In this paragraph: 

18 (i) INTERESTED ENTITY.—The term 

19 ‘‘interested entity’’ means the Government 

20 of Colombia, a potential or actual pur21 chaser of a textile or apparel good, or a po22 tential or actual supplier of a textile or ap23 parel good. 

24 (ii) DAY; DAYS.—All references to 

25 ‘‘day’’ and ‘‘days’’ exclude Saturdays, SunVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
53 

•HR 3078 IH

1 days, and legal holidays observed by the 

2 Government of the United States. 

3 (C) REQUESTS TO ADD FABRICS, YARNS, 

4 OR FIBERS.— 

5 (i) IN GENERAL.—An interested entity 

6 may request the President to determine 

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

8 in commercial quantities in a timely man9 ner in Colombia and the United States and 

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

11 in Annex 3-B of the Agreement in a re12 stricted or unrestricted quantity. 

13 (ii) DETERMINATION.—After receiving 

14 a request under clause (i), the President 

15 may determine whether— 

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

17 available in commercial quantities in a 

18 timely manner in Colombia or the 

19 United States; or 

20 (II) any interested entity objects 

21 to the request. 

22 (iii) PROCLAMATION AUTHORITY.— 

23 The President may, within the time peri24 ods specified in clause (iv), proclaim that 

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


rfrederick on DSK6VPTVN1PROD with BILLS
54 

•HR 3078 IH

1 of the request is added to the list in Annex 

2 3-B of the Agreement in an unrestricted 

3 quantity, or in any restricted quantity that 

4 the President may establish, if the Presi5 dent has determined under clause (ii) 

6 that— 

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

8 not available in commercial quantities 

9 in a timely manner in Colombia and 

10 the United States; or 

11 (II) no interested entity has ob12 jected to the request. 

13 (iv) TIME PERIODS.—The time peri14 ods within which the President may issue 

15 a proclamation under clause (iii) are— 

16 (I) not later than 30 days after 

17 the date on which a request is sub18 mitted under clause (i); or 

19 (II) not later than 44 days after 

20 the request is submitted, if the Presi21 dent determines, within 30 days after 

22 the date on which the request is sub23 mitted, that the President does not 

24 have sufficient information to make a 

25 determination under clause (ii). 


rfrederick on DSK6VPTVN1PROD with BILLS
55 

•HR 3078 IH

1 (v) EFFECTIVE DATE.—Notwith2 standing section 103(a)(2), a proclamation 

3 made under clause (iii) shall take effect on 

4 the date on which the text of the proclama5 tion is published in the Federal Register. 

6 (vi) SUBSEQUENT ACTION.—Not later 

7 than 6 months after proclaiming under 

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

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

10 Agreement in a restricted quantity, the 

11 President may eliminate the restriction if 

12 the President determines that the fabric, 

13 yarn, or fiber is not available in commer14 cial quantities in a timely manner in Co15 lombia and the United States. 

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

17 after an interested entity submits a request 

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

19 not, within the applicable time period specified 

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

21 under subparagraph (C)(ii) regarding the re22 quest, the fabric, yarn, or fiber that is the sub23 ject of the request shall be considered to be 

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

25 Annex 3-B of the Agreement beginning— 


rfrederick on DSK6VPTVN1PROD with BILLS
56 

•HR 3078 IH

1 (i) 45 days after the date on which 

2 the request is submitted; or 

3 (ii) 60 days after the date on which 

4 the request is submitted, if the President 

5 made a determination under subparagraph 

6 (C)(iv)(II). 

7 (E) REQUESTS TO RESTRICT OR REMOVE

8 FABRICS, YARNS, OR FIBERS.— 

9 (i) IN GENERAL.—Subject to clause 

10 (ii), an interested entity may request the 

11 President to restrict the quantity of, or re12 move from the list in Annex 3-B of the 

13 Agreement, any fabric, yarn, or fiber— 

14 (I) that has been added to that 

15 list in an unrestricted quantity pursu16 ant to paragraph (2) or subparagraph 

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

18 (II) with respect to which the 

19 President has eliminated a restriction 

20 under subparagraph (C)(vi). 

21 (ii) TIME PERIOD FOR SUBMISSION.— 

22 An interested entity may submit a request 

23 under clause (i) at any time beginning on 

24 the date that is 6 months after the date of 


rfrederick on DSK6VPTVN1PROD with BILLS
57 

•HR 3078 IH

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

2 of that clause. 

3 (iii) PROCLAMATION AUTHORITY.— 

4 Not later than 30 days after the date on 

5 which a request under clause (i) is sub6 mitted, the President may proclaim an ac7 tion provided for under clause (i) if the 

8 President determines that the fabric, yarn, 

9 or fiber that is the subject of the request 

10 is available in commercial quantities in a 

11 timely manner in Colombia or the United 

12 States. 

13 (iv) EFFECTIVE DATE.—A proclama14 tion issued under clause (iii) may not take 

15 effect earlier than the date that is 6 

16 months after the date on which the text of 

17 the proclamation is published in the Fed18 eral Register. 

19 (F) PROCEDURES.—The President shall 

20 establish procedures— 

21 (i) governing the submission of a re22 quest under subparagraphs (C) and (E); 

23 and 

24 (ii) providing an opportunity for inter25 ested entities to submit comments and supVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
58 

•HR 3078 IH

1 porting evidence before the President 

2 makes a determination under subpara3 graph (C) (ii) or (vi) or (E)(iii). 

4 SEC. 204. CUSTOMS USER FEES. 

5 Section 13031(b) of the Consolidated Omnibus Budg6 et Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is 

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

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

9 (9) or (10) with respect to goods that qualify as origi10 nating goods under section 203 of the United States–Co11 lombia Trade Promotion Agreement Implementation Act. 

12 Any service for which an exemption from such fee is pro13 vided by reason of this paragraph may not be funded with 

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

15 SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; 

16 FALSE CERTIFICATIONS OF ORIGIN; DENIAL 

17 OF PREFERENTIAL TARIFF TREATMENT. 

18 (a) DISCLOSURE OF INCORRECT INFORMATION.— 

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

20 is amended— 

21 (1) in subsection (c)— 

22 (A) by redesignating paragraph (12) as 

23 paragraph (13); and 

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

25 following new paragraph: 


rfrederick on DSK6VPTVN1PROD with BILLS
59 

•HR 3078 IH

1 ‘‘(12) PRIOR DISCLOSURE REGARDING CLAIMS

2 UNDER THE UNITED STATES–COLOMBIA TRADE PRO3 MOTION AGREEMENT.—An importer shall not be 

4 subject to penalties under subsection (a) for making 

5 an incorrect claim that a good qualifies as an origi6 nating good under section 203 of the United States– 

7 Colombia Trade Promotion Agreement Implementa8 tion Act if the importer, in accordance with regula9 tions issued by the Secretary of the Treasury, 

10 promptly and voluntarily makes a corrected declara11 tion and pays any duties owing with respect to that 

12 good.’’; and 

13 (2) by adding at the end the following new sub14 section: 

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

16 UNITED STATES–COLOMBIA TRADE PROMOTION AGREE17 MENT.— 

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

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

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

21 certification of origin (as defined in section 508 of 

22 this Act) that a good exported from the United 

23 States qualifies as an originating good under the 

24 rules of origin provided for in section 203 of the 

25 United States–Colombia Trade Promotion AgreeVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
60 

•HR 3078 IH

1 ment Implementation Act. The procedures and pen2 alties of this section that apply to a violation of sub3 section (a) also apply to a violation of this sub4 section. 

5 ‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF

6 INCORRECT INFORMATION.—No penalty shall be im7 posed under this subsection if, promptly after an ex8 porter or producer that issued a CTPA certification 

9 of origin has reason to believe that such certification 

10 contains or is based on incorrect information, the ex11 porter or producer voluntarily provides written no12 tice of such incorrect information to every person to 

13 whom the certification was issued. 

14 ‘‘(3) EXCEPTION.—A person shall not be con15 sidered to have violated paragraph (1) if— 

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

17 time it was provided in a CTPA certification of 

18 origin but was later rendered incorrect due to 

19 a change in circumstances; and 

20 ‘‘(B) the person promptly and voluntarily 

21 provides written notice of the change in cir22 cumstances to all persons to whom the person 

23 provided the certification.’’. 

24 (b) DENIAL OF PREFERENTIAL TARIFF TREAT25 MENT.—Section 514 of the Tariff Act of 1930 (19 U.S.C. 


rfrederick on DSK6VPTVN1PROD with BILLS
61 

•HR 3078 IH

1 1514) is amended by adding at the end the following new 

2 subsection: 

3 ‘‘(k) DENIAL OF PREFERENTIAL TARIFF TREAT4 MENT UNDER THE UNITED STATES–COLOMBIA TRADE

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

6 Protection or U.S. Immigration and Customs Enforce7 ment of the Department of Homeland Security finds indi8 cations of a pattern of conduct by an importer, exporter, 

9 or producer of false or unsupported representations that 

10 goods qualify under the rules of origin provided for in sec11 tion 203 of the United States–Colombia Trade Promotion 

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

13 Protection, in accordance with regulations issued by the 

14 Secretary of the Treasury, may suspend preferential tariff 

15 treatment under the United States–Colombia Trade Pro16 motion Agreement to entries of identical goods covered by 

17 subsequent representations by that importer, exporter, or 

18 producer until U.S. Customs and Border Protection deter19 mines that representations of that person are in con20 formity with such section 203.’’. 

21 SEC. 206. RELIQUIDATION OF ENTRIES. 

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

23 1520(d)) is amended in the matter preceding paragraph 

24 (1)— 

25 (1) by striking ‘‘or’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
62 

•HR 3078 IH

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

2 section 203 of the United States–Colombia Trade 

3 Promotion Agreement Implementation Act for 

4 which’’. 

5 SEC. 207. RECORDKEEPING REQUIREMENTS. 

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

7 1508) is amended— 

8 (1) by redesignating subsection (j) as sub9 section (k); 

10 (2) by inserting after subsection (i) the fol11 lowing new subsection: 

12 ‘‘(j) CERTIFICATIONS OF ORIGIN FOR GOODS EX13 PORTED UNDER THE UNITED STATES–COLOMBIA TRADE

14 PROMOTION AGREEMENT.— 

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

16 ‘‘(A) RECORDS AND SUPPORTING DOCU17 MENTS.—The term ‘records and supporting 

18 documents’ means, with respect to an exported 

19 good under paragraph (2), records and docu20 ments related to the origin of the good, includ21 ing— 

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

23 and payment for, the good; 

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

25 and payment for, all materials, including 


rfrederick on DSK6VPTVN1PROD with BILLS
63 

•HR 3078 IH

1 indirect materials, used in the production 

2 of the good; and 

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

4 the form in which it was exported. 

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

6 The term ‘CTPA certification of origin’ means 

7 the certification established under article 4.15 

8 of the United States–Colombia Trade Pro9 motion Agreement that a good qualifies as an 

10 originating good under such Agreement. 

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

12 completes and issues a CTPA certification of origin 

13 for a good exported from the United States shall 

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

15 promulgated by the Secretary of the Treasury, 

16 render for examination and inspection all records 

17 and supporting documents related to the origin of 

18 the good (including the certification or copies there19 of). 

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

21 issues a CTPA certification of origin shall keep the 

22 records and supporting documents relating to that 

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

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

25 and 


rfrederick on DSK6VPTVN1PROD with BILLS
64 

•HR 3078 IH

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

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

3 SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE 

4 OR APPAREL GOODS. 

5 (a) ACTION DURING VERIFICATION.— 

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

7 Treasury requests the Government of Colombia to 

8 conduct a verification pursuant to article 3.2 of the 

9 Agreement for purposes of making a determination 

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

11 Secretary to take appropriate action described in 

12 subsection (b) while the verification is being con13 ducted. 

14 (2) DETERMINATION.—A determination under 

15 this paragraph is a determination of the Secretary 

16 that— 

17 (A) an exporter or producer in Colombia is 

18 complying with applicable customs laws, regula19 tions, and procedures regarding trade in textile 

20 or apparel goods, or 

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

22 exported or produced by such exporter or pro23 ducer— 

24 (i) qualifies as an originating good 

25 under section 203, or 


rfrederick on DSK6VPTVN1PROD with BILLS
65 

•HR 3078 IH

1 (ii) is a good of Colombia, 

2 is accurate. 

3 (b) APPROPRIATE ACTION DESCRIBED.—Appropriate 

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

5 (1) suspension of preferential tariff treatment 

6 under 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 any 

13 claim for preferential tariff treatment that has 

14 been made with respect to any such good; or 

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

16 claim of preferential tariff treatment has been 

17 made that is the subject of a verification under 

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

19 subsection (a)(2)(B), if the Secretary deter20 mines that there is insufficient information to 

21 support that claim; 

22 (2) denial of preferential tariff treatment under 

23 the Agreement with respect to— 

24 (A) any textile or apparel good exported or 

25 produced by the person that is the subject of a 


rfrederick on DSK6VPTVN1PROD with BILLS
66 

•HR 3078 IH

1 verification under subsection (a)(1) regarding 

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

3 the Secretary determines that the person has 

4 provided incorrect information to support any 

5 claim for preferential tariff treatment that has 

6 been made with respect to any such good; or 

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

8 claim of preferential tariff treatment has been 

9 made that is the subject of a verification under 

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

11 subsection (a)(2)(B), if the Secretary deter12 mines that a person has provided incorrect in13 formation to support that claim; 

14 (3) detention of any textile or apparel good ex15 ported or produced by the person that is the subject 

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

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

18 claim described in subsection (a)(2)(B), if the Sec19 retary determines that there is insufficient informa20 tion to determine the country of origin of any such 

21 good; and 

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

23 any textile or apparel good exported or produced by 

24 the person that is the subject of a verification under 

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


rfrederick on DSK6VPTVN1PROD with BILLS
67 

•HR 3078 IH

1 subsection (a)(2)(A) or a claim described in sub2 section (a)(2)(B), if the Secretary determines that 

3 the person has provided incorrect information as to 

4 the country of origin of any such good. 

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

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

7 the President may direct the Secretary of the Treasury 

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

9 such time as the Secretary receives information sufficient 

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

11 such earlier date as the President may direct. 

12 (d) APPROPRIATE ACTION DESCRIBED.—Appro13 priate action under subsection (c) includes— 

14 (1) denial of preferential tariff treatment under 

15 the Agreement with respect to— 

16 (A) any textile or apparel good exported or 

17 produced by the person that is the subject of a 

18 verification under subsection (a)(1) regarding 

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

20 the Secretary of the Treasury determines that 

21 there is insufficient information to support, or 

22 that the person has provided incorrect informa23 tion to support, any claim for preferential tariff 

24 treatment that has been made with respect to 

25 any such good; or 


rfrederick on DSK6VPTVN1PROD with BILLS
68 

•HR 3078 IH

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

2 claim of preferential tariff treatment has been 

3 made that is the subject of a verification under 

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

5 subsection (a)(2)(B), if the Secretary deter6 mines that there is insufficient information to 

7 support, or that a person has provided incorrect 

8 information to support, that claim; and 

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

10 any textile or apparel good exported or produced by 

11 the person that is the subject of a verification under 

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

13 subsection (a)(2)(A) or a claim described in sub14 section (a)(2)(B), if the Secretary determines that 

15 there is insufficient information to determine, or 

16 that the person has provided incorrect information 

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

18 (e) PUBLICATION OF NAME OF PERSON.—In accord19 ance with article 3.2.6 of the Agreement, the Secretary 

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

21 the Secretary has determined— 

22 (1) is engaged in circumvention of applicable 

23 laws, regulations, or procedures affecting trade in 

24 textile or apparel goods; or 


rfrederick on DSK6VPTVN1PROD with BILLS
69 

•HR 3078 IH

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

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

3 SEC. 209. REGULATIONS. 

4 The Secretary of the Treasury shall prescribe such 

5 regulations as may be necessary to carry out— 

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

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

8 (3) any proclamation issued under section 

9 203(o). 

10 TITLE III—RELIEF FROM 

11 IMPORTS 

12 SEC. 301. DEFINITIONS. 

13 In this title: 

14 (1) COLOMBIAN ARTICLE.—The term ‘‘Colom15 bian article’’ means an article that qualifies as an 

16 originating good under section 203(b). 

17 (2) COLOMBIAN TEXTILE OR APPAREL ARTI18 CLE.—The term ‘‘Colombian textile or apparel arti19 cle’’ means a textile or apparel good (as defined in 

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

21 Subtitle A—Relief From Imports 

22 Benefitting From the Agreement 

23 SEC. 311. COMMENCING OF ACTION FOR RELIEF. 

24 (a) FILING OF PETITION.—A petition requesting ac25 tion under this subtitle for the purpose of adjusting to 


rfrederick on DSK6VPTVN1PROD with BILLS
70 

•HR 3078 IH

1 the obligations of the United States under the Agreement 

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

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

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

5 The Commission shall transmit a copy of any petition filed 

6 under this subsection to the United States Trade Rep7 resentative. 

8 (b) INVESTIGATION AND DETERMINATION.—Upon 

9 the filing of a petition under subsection (a), the Commis10 sion, unless subsection (d) applies, shall promptly initiate 

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

12 reduction or elimination of a duty provided for under the 

13 Agreement, a Colombian article is being imported into the 

14 United States in such increased quantities, in absolute 

15 terms or relative to domestic production, and under such 

16 conditions that imports of the Colombian article constitute 

17 a substantial cause of serious injury or threat thereof to 

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

19 directly competitive with, the imported article. 

20 (c) APPLICABLE PROVISIONS.—The following provi21 sions of section 202 of the Trade Act of 1974 (19 U.S.C. 

22 2252) apply with respect to any investigation initiated 

23 under subsection (b): 

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

25 (b). 


rfrederick on DSK6VPTVN1PROD with BILLS
71 

•HR 3078 IH

1 (2) Subsection (c). 

2 (3) Subsection (i). 

3 (d) ARTICLES EXEMPT FROM INVESTIGATION.—No 

4 investigation may be initiated under this section with re5 spect to any Colombian article if, after the date on which 

6 the Agreement enters into force, import relief has been 

7 provided with respect to that Colombian article under this 

8 subtitle. 

9 SEC. 312. COMMISSION ACTION ON PETITION. 

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

11 the date on which an investigation is initiated under sec12 tion 311(b) with respect to a petition, the Commission 

13 shall make the determination required under that section. 

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

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

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

17 1330(d) (1), (2), and (3)) shall be applied with respect 

18 to determinations and findings made under this section 

19 as if such determinations and findings were made under 

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

21 (c) ADDITIONAL FINDING AND RECOMMENDATION IF

22 DETERMINATION AFFIRMATIVE.— 

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

24 by the Commission under subsection (a) with respect 

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


rfrederick on DSK6VPTVN1PROD with BILLS
72 

•HR 3078 IH

1 President may consider a determination of the Com2 mission to be an affirmative determination as pro3 vided for under paragraph (1) of section 330(d) of 

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

5 Commission shall find, and recommend to the Presi6 dent in the report required under subsection (d), the 

7 amount of import relief that is necessary to remedy 

8 or prevent the injury found by the Commission in 

9 the determination and to facilitate the efforts of the 

10 domestic industry to make a positive adjustment to 

11 import competition. 

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

13 recommended by the Commission under this sub14 section shall be limited to the relief described in sec15 tion 313(c). 

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

17 members of the Commission who voted in the af18 firmative under subsection (a) are eligible to vote on 

19 the proposed action to remedy or prevent the injury 

20 found by the Commission. Members of the Commis21 sion who did not vote in the affirmative may submit, 

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

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

24 to remedy or prevent the injury. 


rfrederick on DSK6VPTVN1PROD with BILLS
73 

•HR 3078 IH

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

2 date that is 30 days after the date on which a determina3 tion is made under subsection (a) with respect to an inves4 tigation, the Commission shall submit to the President a 

5 report that includes— 

6 (1) the determination made under subsection 

7 (a) and an explanation of the basis for the deter8 mination; 

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

10 affirmative, any findings and recommendations for 

11 import relief made under subsection (c) and an ex12 planation of the basis for each recommendation; and 

13 (3) any dissenting or separate views by mem14 bers of the Commission regarding the determination 

15 referred to in paragraph (1) and any finding or rec16 ommendation referred to in paragraph (2). 

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

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

19 promptly make public the report (with the exception of 

20 information which the Commission determines to be con21 fidential) and shall publish a summary of the report in 

22 the Federal Register. 

23 SEC. 313. PROVISION OF RELIEF. 

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

25 30 days after the date on which the President receives a 


rfrederick on DSK6VPTVN1PROD with BILLS
74 

•HR 3078 IH

1 report of the Commission in which the Commission’s de2 termination under section 312(a) is affirmative, or which 

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

4 President considers to be affirmative under paragraph (1) 

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

6 1330(d)(1)), the President, subject to subsection (b), shall 

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

8 of such determination to the extent that the President de9 termines necessary to remedy or prevent the injury found 

10 by the Commission and to facilitate the efforts of the do11 mestic industry to make a positive adjustment to import 

12 competition. 

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

14 provide import relief under this section if the President 

15 determines that the provision of the import relief will not 

16 provide greater economic and social benefits than costs. 

17 (c) NATURE OF RELIEF.— 

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

19 President is authorized to provide under this section 

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

21 (A) The suspension of any further reduc22 tion provided for under Annex 2.3 of the Agree23 ment in the duty imposed on the article. 


rfrederick on DSK6VPTVN1PROD with BILLS
75 

•HR 3078 IH

1 (B) An increase in the rate of duty im2 posed on the article to a level that does not ex3 ceed the lesser of— 

4 (i) the column 1 general rate of duty 

5 imposed under the HTS on like articles at 

6 the time the import relief is provided; or 

7 (ii) the column 1 general rate of duty 

8 imposed under the HTS on like articles on 

9 the day before the date on which the 

10 Agreement enters into force. 

11 (2) PROGRESSIVE LIBERALIZATION.—If the pe12 riod for which import relief is provided under this 

13 section is greater than 1 year, the President shall 

14 provide for the progressive liberalization (described 

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

16 regular intervals during the period of its application. 

17 (d) PERIOD OF RELIEF.— 

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

19 any import relief that the President provides under 

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

21 years. 

22 (2) EXTENSION.— 

23 (A) IN GENERAL.—Subject to subpara24 graph (C), the President, after receiving a de25 termination from the Commission under subVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
76 

•HR 3078 IH

1 paragraph (B) that is affirmative, or which the 

2 President considers to be affirmative under 

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

4 Act of 1930 (19 U.S.C. 1330(d)(1)), may ex5 tend the effective period of any import relief 

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

7 the President determines that— 

8 (i) the import relief continues to be 

9 necessary to remedy or prevent serious in10 jury and to facilitate adjustment by the do11 mestic industry to import competition; and 

12 (ii) there is evidence that the industry 

13 is making a positive adjustment to import 

14 competition. 

15 (B) ACTION BY COMMISSION.— 

16 (i) INVESTIGATION.—Upon a petition 

17 on behalf of the industry concerned that is 

18 filed with the Commission not earlier than 

19 the date that is 9 months, and not later 

20 than the date that is 6 months, before the 

21 date on which any action taken under sub22 section (a) is to terminate, the Commission 

23 shall conduct an investigation to determine 

24 whether action under this section continues 

25 to be necessary to remedy or prevent seriVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
77 

•HR 3078 IH

1 ous injury and whether there is evidence 

2 that the industry is making a positive ad3 justment to import competition. 

4 (ii) NOTICE AND HEARING.—The 

5 Commission shall publish notice of the 

6 commencement of any proceeding under 

7 this subparagraph in the Federal Register 

8 and shall, within a reasonable time there9 after, hold a public hearing at which the 

10 Commission shall afford interested parties 

11 and consumers an opportunity to be 

12 present, to present evidence, and to re13 spond to the presentations of other parties 

14 and consumers, and otherwise to be heard. 

15 (iii) REPORT.—The Commission shall 

16 submit to the President a report on its in17 vestigation and determination under this 

18 subparagraph not later than 60 days be19 fore the action under subsection (a) is to 

20 terminate, unless the President specifies a 

21 different date. 

22 (C) PERIOD OF IMPORT RELIEF.—Any im23 port relief provided under this section, including 

24 any extensions thereof, may not, in the aggre25 gate, be in effect for more than 4 years. 


rfrederick on DSK6VPTVN1PROD with BILLS
78 

•HR 3078 IH

1 (e) RATE AFTER TERMINATION OF IMPORT RE2 LIEF.—When import relief under this section is termi3 nated with respect to an article— 

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

5 termination and on or before December 31 of the 

6 year in which such termination occurs shall be the 

7 rate that, according to the Schedule of the United 

8 States to Annex 2.3 of the Agreement, would have 

9 been in effect 1 year after the provision of relief 

10 under subsection (a); and 

11 (2) the rate of duty for that article after De12 cember 31 of the year in which such termination oc13 curs shall be, at the discretion of the President, ei14 ther— 

15 (A) the applicable rate of duty for that ar16 ticle set forth in the Schedule of the United 

17 States to Annex 2.3 of the Agreement; or 

18 (B) the rate of duty resulting from the 

19 elimination of the tariff in equal annual stages 

20 ending on the date set forth in the Schedule of 

21 the United States to Annex 2.3 of the Agree22 ment for the elimination of the tariff. 

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

24 relief may be provided under this section on— 


rfrederick on DSK6VPTVN1PROD with BILLS
79 

•HR 3078 IH

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

2 under— 

3 (A) subtitle B; or 

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

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

6 (2) any article on which an additional duty as7 sessed under section 202(b) is in effect. 

8 SEC. 314. TERMINATION OF RELIEF AUTHORITY. 

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

10 import relief may be provided under this subtitle after the 

11 date that is 10 years after the date on which the Agree12 ment enters into force. 

13 (b) EXCEPTION.—If an article for which relief is pro14 vided under this subtitle is an article for which the period 

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

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

17 than 10 years, no relief under this subtitle may be pro18 vided for that article after the date on which that period 

19 ends. 

20 SEC. 315. COMPENSATION AUTHORITY. 

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

22 (19 U.S.C. 2133), any import relief provided by the Presi23 dent under section 313 shall be treated as action taken 

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

25 et seq.). 


rfrederick on DSK6VPTVN1PROD with BILLS
80 

•HR 3078 IH

1 SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 

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

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

4 (1) by striking ‘‘and’’; and 

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

6 and title III of the United States–Colombia Trade 

7 Promotion Agreement Implementation Act’’. 

8 Subtitle B—Textile and Apparel 

9 Safeguard Measures 

10 SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 

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

12 subtitle for the purpose of adjusting to the obligations of 

13 the United States under the Agreement may be filed with 

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

15 a request, the President shall review the request to deter16 mine, from information presented in the request, whether 

17 to commence consideration of the request. 

18 (b) PUBLICATION OF REQUEST.—If the President de19 termines that the request under subsection (a) provides 

20 the information necessary for the request to be considered, 

21 the President shall publish in the Federal Register a no22 tice of commencement of consideration of the request, and 

23 notice seeking public comments regarding the request. The 

24 notice shall include a summary of the request and the 

25 dates by which comments and rebuttals must be received. 


rfrederick on DSK6VPTVN1PROD with BILLS
81 

•HR 3078 IH

1 SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 

2 (a) DETERMINATION.— 

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

4 made under section 321(b), the President shall de5 termine whether, as a result of the elimination of a 

6 duty under the Agreement, a Colombian textile or 

7 apparel article is being imported into the United 

8 States in such increased quantities, in absolute 

9 terms or relative to the domestic market for that ar10 ticle, and under such conditions as to cause serious 

11 damage, or actual threat thereof, to a domestic in12 dustry producing an article that is like, or directly 

13 competitive with, the imported article. 

14 (2) SERIOUS DAMAGE.—In making a deter15 mination under paragraph (1), the President— 

16 (A) shall examine the effect of increased 

17 imports on the domestic industry, as reflected 

18 in changes in such relevant economic factors as 

19 output, productivity, utilization of capacity, in20 ventories, market share, exports, wages, em21 ployment, domestic prices, profits and losses, 

22 and investment, no one of which is necessarily 

23 decisive; and 

24 (B) shall not consider changes in consumer 

25 preference or changes in technology in the 

26 United States as factors supporting a deterVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
82 

•HR 3078 IH

1 mination of serious damage or actual threat 

2 thereof. 

3 (b) PROVISION OF RELIEF.— 

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

5 subsection (a) is affirmative, the President may pro6 vide relief from imports of the article that is the 

7 subject of such determination, as provided in para8 graph (2), to the extent that the President deter9 mines necessary to remedy or prevent the serious 

10 damage and to facilitate adjustment by the domestic 

11 industry. 

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

13 President is authorized to provide under this sub14 section with respect to imports of an article is an in15 crease in the rate of duty imposed on the article to 

16 a level that does not exceed the lesser of— 

17 (A) the column 1 general rate of duty im18 posed under the HTS on like articles at the 

19 time the import relief is provided; or 

20 (B) the column 1 general rate of duty im21 posed under the HTS on like articles on the 

22 day before the date on which the Agreement en23 ters into force. 


rfrederick on DSK6VPTVN1PROD with BILLS
83 

•HR 3078 IH

1 SEC. 323. PERIOD OF RELIEF. 

2 (a) IN GENERAL.—Subject to subsection (b), the im3 port relief that the President provides under section 

4 322(b) may not be in effect for more than 2 years. 

5 (b) EXTENSION.— 

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

7 the President may extend the effective period of any 

8 import relief provided under this subtitle for a pe9 riod of not more than 1 year, if the President deter10 mines that— 

11 (A) the import relief continues to be nec12 essary to remedy or prevent serious damage 

13 and to facilitate adjustment by the domestic in14 dustry to import competition; and 

15 (B) there is evidence that the industry is 

16 making a positive adjustment to import com17 petition. 

18 (2) LIMITATION.—Any relief provided under 

19 this subtitle, including any extensions thereof, may 

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

21 years. 

22 SEC. 324. ARTICLES EXEMPT FROM RELIEF. 

23 The President may not provide import relief under 

24 this subtitle with respect to an article if— 

25 (1) import relief previously has been provided 

26 under this subtitle with respect to that article; or 


rfrederick on DSK6VPTVN1PROD with BILLS
84 

•HR 3078 IH

1 (2) the article is subject to import relief 

2 under— 

3 (A) subtitle A; or 

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

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

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

7 On the date on which import relief under this subtitle 

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

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

10 effect but for the provision of such relief. 

11 SEC. 326. TERMINATION OF RELIEF AUTHORITY. 

12 No import relief may be provided under this subtitle 

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

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

15 SEC. 327. COMPENSATION AUTHORITY. 

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

17 (19 U.S.C. 2133), any import relief provided by the Presi18 dent under this subtitle shall be treated as action taken 

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

20 et seq.). 

21 SEC. 328. CONFIDENTIAL BUSINESS INFORMATION. 

22 The President may not release information received 

23 in connection with an investigation or determination under 

24 this subtitle which the President considers to be confiden25 tial business information unless the party submitting the 


rfrederick on DSK6VPTVN1PROD with BILLS
85 

•HR 3078 IH

1 confidential business information had notice, at the time 

2 of submission, that such information would be released by 

3 the President, or such party subsequently consents to the 

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

5 confidential business information, the party shall also pro6 vide a nonconfidential version of the information in which 

7 the confidential business information is summarized or, if 

8 necessary, deleted. 

9 Subtitle C—Cases Under Title II of 

10 the Trade Act of 1974 

11 SEC. 331. FINDINGS AND ACTION ON COLOMBIAN ARTI12 CLES. 

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

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

15 1974 (19 U.S.C. 2251 et seq.), the Commission makes an 

16 affirmative determination (or a determination which the 

17 President may treat as an affirmative determination under 

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

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

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

21 determination is submitted to the President) whether im22 ports of the Colombian article are a substantial cause of 

23 serious injury or threat thereof. 

24 (b) PRESIDENTIAL DETERMINATION REGARDING CO25 LOMBIAN ARTICLES.—In determining the nature and exVerDate Mar 15 2010 23:45 Oct 03, 2011 Jkt 099200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H3078.IH H3078

rfrederick on DSK6VPTVN1PROD with BILLS
86 

•HR 3078 IH

1 tent of action to be taken under chapter 1 of title II of 

2 the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the Presi3 dent may exclude from the action Colombian articles with 

4 respect to which the Commission has made a negative 

5 finding under subsection (a). 

6 TITLE IV—PROCUREMENT 

7 SEC. 401. ELIGIBLE PRODUCTS. 

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

9 1979 (19 U.S.C. 2518(4)(A)) is amended— 

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

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

12 (viii) and inserting ‘‘; or’’; and 

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

14 clause: 

15 ‘‘(ix) a party to the United States–Co16 lombia Trade Promotion Agreement, a 

17 product or service of that country or in18 strumentality which is covered under that 

19 agreement for procurement by the United 

20 States.’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
87 

•HR 3078 IH

1 TITLE V—EXTENSION OF ANDE2 AN TRADE PREFERENCE ACT 

3 SEC. 501. EXTENSION OF ANDEAN TRADE PREFERENCE 

4 ACT. 

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

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

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

8 12, 2011’’ and inserting ‘‘July 31, 2013’’; and 

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

10 2011’’ and inserting ‘‘July 31, 2013’’. 

11 (b) TREATMENT OF CERTAIN APPAREL ARTICLES.— 

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

13 (19 U.S.C. 3203(b)(3)) is amended— 

14 (1) in subparagraph (B)— 

15 (A) in clause (iii)— 

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

17 succeeding 1-year periods’’ and inserting 

18 ‘‘10 succeeding 1-year periods’’; and 

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

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

21 inserting ‘‘and for the succeeding 5-year 

22 period’’; and 

23 (B) in clause (v)(II), by striking ‘‘7 suc24 ceeding 1-year periods’’ and inserting ‘‘9 suc25 ceeding 1-year periods’’; and 


rfrederick on DSK6VPTVN1PROD with BILLS
88 

•HR 3078 IH

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

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

3 2013’’. 

4 (c) EFFECTIVE DATE.— 

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

6 this section shall apply to articles entered on or after 

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

8 Act. 

9 (2) RETROACTIVE APPLICATION FOR CERTAIN

10 LIQUIDATIONS AND RELIQUIDATIONS.— 

11 (A) IN GENERAL.—Notwithstanding sec12 tion 514 of the Tariff Act of 1930 (19 U.S.C. 

13 1514) or any other provision of law and subject 

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

15 which duty-free treatment or other preferential 

16 treatment under the Andean Trade Preference 

17 Act would have applied if the entry had been 

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

19 (i) after February 12, 2011, and 

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

21 of the enactment of this Act, 

22 shall be liquidated or reliquidated as though 

23 such entry occurred on the date that is 15 days 

24 after the date of the enactment of this Act. 


rfrederick on DSK6VPTVN1PROD with BILLS
89 

•HR 3078 IH

1 (B) REQUESTS.—A liquidation or reliqui2 dation may be made under subparagraph (A) 

3 with respect to an entry only if a request there4 for is filed with U.S. Customs and Border Pro5 tection not later than 180 days after the date 

6 of the enactment of this Act that contains suffi7 cient information to enable U.S. Customs and 

8 Border Protection— 

9 (i) to locate the entry; or 

10 (ii) to reconstruct the entry if it can11 not be located. 

12 (C) PAYMENT OF AMOUNTS OWED.—Any 

13 amounts owed by the United States pursuant to 

14 the liquidation or reliquidation of an entry of 

15 an article under subparagraph (A) shall be 

16 paid, without interest, not later than 90 days 

17 after the date of the liquidation or reliquidation 

18 (as the case may be). 

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

20 the term ‘‘entry’’ includes a withdrawal from ware21 house for consumption. 


rfrederick on DSK6VPTVN1PROD with BILLS
90 

•HR 3078 IH

1 TITLE VI—OFFSETS 

2 SEC. 601. ELIMINATION OF CERTAIN NAFTA CUSTOMS FEES 

3 EXEMPTION. 

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

5 Consolidated Omnibus Budget Reconciliation Act of 1985 

6 (19 U.S.C. 58c(b)(1)(A)(i)) is amended to read as follows: 

7 ‘‘(i) the arrival of any passenger whose jour8 ney— 

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

10 of the United States; or 

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

12 was limited to territories and possessions of the 

13 United States;’’. 

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

15 the amendment made by this section shall be deposited 

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

17 reimbursement of customs services and inspections costs, 

18 and shall be available only to the extent provided in appro19 priations Acts. 

20 (c) EFFECTIVE DATE.—This section and the amend21 ments made by this section shall apply to passengers arriv22 ing from Canada, Mexico, or an adjacent island on or after 

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

24 of this Act. 


rfrederick on DSK6VPTVN1PROD with BILLS
91 

•HR 3078 IH

1 SEC. 602. EXTENSION OF CUSTOMS USER FEES. 

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

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

4 is amended by adding at the end the following: 

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

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

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

8 ending on September 30, 2021. 

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

10 be charged under paragraphs (1) through (8) of sub11 section (a) during the period beginning on December 9, 

12 2020, and ending on August 31, 2021.’’. 

13 SEC. 603. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

14 TAXES. 

15 Notwithstanding section 6655 of the Internal Rev16 enue Code of 1986, in the case of a corporation with assets 

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

18 of the preceding taxable year)— 

19 (1) the amount of any required installment of 

20 corporate estimated tax which is otherwise due in 

21 July, August, or September of 2016 shall be in22 creased by 0.50 percent of such amount (determined 

23 without regard to any increase in such amount not 

24 contained in such Code); and 

25 (2) the amount of the next required installment 

26 after an installment referred to in paragraph (1) 


rfrederick on DSK6VPTVN1PROD with BILLS
92 

•HR 3078 IH

1 shall be appropriately reduced to reflect the amount 

2 of the increase by reason of such paragraph. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS