dustry producing an article that is like, or directly 
competitive with, the imported article. 
(2) SERIOUS
DAMAGE.—In making a deter-
mination under paragraph (1), the President— 
(A) shall examine the effect of increased 
imports on the domestic industry, as reflected 
in changes in such relevant economic factors as 
output, productivity, utilization of capacity, in-
ventories, market share, exports, wages, em-
ployment, domestic prices, profits, and invest-
ment, no one of which is necessarily decisive; 
and 
(B) shall not consider changes in consumer 
preference or changes in technology as factors 
supporting a determination of serious damage 
or actual threat thereof. 
(3) DEADLINE
FOR
DETERMINATION.—The 
President shall make the determination under para-
graph (1) not later than 30 days after the comple-
tion of any consultations held pursuant to article 
3.24.4 of the Agreement. 
(b) PROVISION OF RELIEF.— 
(1) IN
GENERAL.—If a determination under 
subsection (a) is affirmative, the President may pro-
vide relief from imports of the article that is the
subject of such determination, as provided in para-
graph (2), to the extent that the President deter-
mines necessary to remedy or prevent the serious 
damage and to facilitate adjustment by the domestic 
industry. 
(2) NATURE OF RELIEF.—The relief that the 
President is authorized to provide under this sub-
section with respect to imports of an article is an in-
crease in the rate of duty imposed on the article to 
a level that does not exceed the lesser of— 
(A) the column 1 general rate of duty im-
posed under the HTS on like articles at the 
time the import relief is provided; or 
(B) the column 1 general rate of duty im-
posed under the HTS on like articles on the 
day before the date on which the Agreement en-
ters into force. 
SEC. 323. PERIOD OF RELIEF. 
(a) IN GENERAL.—Subject to subsection (b), any im-
port relief that the President provides under section 
322(b) may not, in the aggregate, be in effect for more 
than 3 years. 
(b) EXTENSION.—If the initial period for any import 
relief provided under section 322 is less than 3 years, the 
President may extend the effective period of any import
relief provided under that section, subject to the limitation 
set forth in subsection (a), if the President determines 
that— 
(1) the import relief continues to be necessary 
to remedy or prevent serious damage and to facili-
tate adjustment by the domestic industry to import 
competition; and 
(2) there is evidence that the industry is mak-
ing a positive adjustment to import competition. 
SEC. 324. ARTICLES EXEMPT FROM RELIEF. 
The President may not provide import relief under 
this subtitle with respect to an article if— 
(1) import relief previously has been provided 
under this subtitle with respect to that article; or 
(2) the article is subject to import relief 
under— 
(A) subtitle A; or 
(B) chapter 1 of title II of the Trade Act 
of 1974 (19 U.S.C. 2251 et seq.). 
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF. 
On the date on which import relief under this subtitle 
is terminated with respect to an article, the rate of duty 
on that article shall be the rate that would have been in 
effect but for the provision of such relief.
SEC. 326. TERMINATION OF RELIEF AUTHORITY. 
No import relief may be provided under this subtitle 
with respect to any article after the date that is 5 years 
after the date on which the Agreement enters into force. 
SEC. 327. COMPENSATION AUTHORITY. 
For purposes of section 123 of the Trade Act of 1974 
(19 U.S.C. 2133), any import relief provided by the Presi-
dent under this subtitle shall be treated as action taken 
under chapter 1 of title II of such Act (19 U.S.C. 2251 
et seq.). 
SEC. 328. CONFIDENTIAL BUSINESS INFORMATION. 
The President may not release information received 
in connection with an investigation or determination under 
this subtitle which the President considers to be confiden-
tial business information unless the party submitting the 
confidential business information had notice, at the time 
of submission, that such information would be released by 
the President, or such party subsequently consents to the 
release of the information. To the extent a party submits 
confidential business information, the party shall also pro-
vide a nonconfidential version of the information in which 
the confidential business information is summarized or, if 
necessary, deleted.
Subtitle C—Cases Under Title II of 
the Trade Act of 1974 
SEC. 331. FINDINGS AND ACTION ON PANAMANIAN ARTI-
CLES. 
(a) EFFECT OF IMPORTS.—If, in any investigation 
initiated under chapter 1 of title II of the Trade Act of 
1974 (19 U.S.C. 2251 et seq.), the Commission makes an 
affirmative determination (or a determination which the 
President may treat as an affirmative determination under 
such chapter by reason of section 330(d) of the Tariff Act 
of 1930 (19 U.S.C. 1330(d))), the Commission shall also 
find (and report to the President at the time such injury 
determination is submitted to the President) whether im-
ports of the Panamanian article are a substantial cause 
of serious injury or threat thereof. 
(b) PRESIDENTIAL DETERMINATION REGARDING IM-
PORTS OF PANAMANIAN ARTICLES.—In determining the 
nature and extent of action to be taken under chapter 1 
of title II of the Trade Act of 1974 (19 U.S.C. 2251 et 
seq.), the President may exclude from the action Panama-
nian articles with respect to which the Commission has 
made a negative finding under subsection (a).
TITLE IV—MISCELLANEOUS 
SEC. 401. ELIGIBLE PRODUCTS. 
Section 308(4)(A) of the Trade Agreements Act of 
1979 (19 U.S.C. 2518(4)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (viii); 
(2) by striking the period at the end of clause 
(ix) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(x) a party to the United States– 
Panama Trade Promotion Agreement, a 
product or service of that country or in-
strumentality which is covered under that 
agreement for procurement by the United 
States.’’. 
SEC. 402. MODIFICATION TO THE CARIBBEAN BASIN ECO-
NOMIC RECOVERY ACT. 
(a) IN GENERAL.—Section 212(b) of the Caribbean 
Basin Economic Recovery Act (19 U.S.C. 2702(b)) is 
amended by striking ‘‘Panama’’ from the list of countries 
eligible for designation as beneficiary countries. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) takes effect on the date on which the Presi-
dent terminates the designation of Panama as a bene-
ficiary country pursuant to section 201(a)(3) of this Act.
TITLE V—OFFSETS 
SEC. 501. EXTENSION OF CUSTOMS USER FEES. 
Section 13031(j)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) 
is amended by adding at the end the following: 
‘‘(D) Notwithstanding subparagraph (B)(i), fees may 
be charged under paragraphs (1) through (8) of sub-
section (a) during the period beginning on September 1, 
2021, and ending on September 30, 2021.’’. 
SEC. 502. TIME FOR PAYMENT OF CORPORATE ESTIMATED 
TAXES. 
Notwithstanding section 6655 of the Internal Rev-
enue Code of 1986, in the case of a corporation with assets 
of not less than $1,000,000,000 (determined as of the end 
of the preceding taxable year)— 
(1) the amount of any required installment of 
corporate estimated tax which is otherwise due in 
July, August, or September of 2012 shall be in-
creased by 0.25 percent of such amount (determined 
without regard to any increase in such amount not 
contained in such Code); 
(2) the amount of any required installment of 
corporate estimated tax which is otherwise due in 
July, August, or September of 2016 shall be in-
creased by 0.25 percent of such amount (determined
without regard to any increase in such amount not 
contained in such Code); and 
(3) the amount of the next required installment 
after an installment referred to in paragraph (1) or 
(2) shall be appropriately reduced to reflect the 
amount of the increase by reason of such paragraph. 
Passed the House of Representatives October 12, 
2011. 
Attest: 
Clerk.
112TH CONGRESS 
1ST SESSION 
H. R. 3079 
AN ACT 
To implement the United States–Panama Trade 
Promotion Agreement.