I 
109TH CONGRESS 
1ST SESSION H. R. 4211 
To expand certain preferential trade treatment for Haiti. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2005 
Mr. MEEK of Florida introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To expand certain preferential trade treatment for Haiti. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Haiti Economic Recov-
ery Opportunity Act’’. 
SEC. 2. TRADE BENEFITS TO HAITI. 
(a) IN GENERAL.—The Caribbean Basin Economic 
Recovery Act (19 U.S.C. 2701 et seq.) is amended by in-
serting after section 213 the following new section: 
‘‘SEC. 213A. SPECIAL RULE FOR HAITI. 
‘‘(a) IN GENERAL.—In addition to any other pref-
erential treatment under this Act, beginning on October
1, 2004, and in each of the 7 succeeding 1-year periods, 
apparel articles described in subsection (b) that are im-
ported directly into the customs territory of the United 
States from Haiti shall enter the United States free of 
duty, subject to the limitations described in subsections 
(b) and (c), if Haiti has satisfied the requirements and 
conditions set forth in subsections (d) and (e). 
‘‘(b) APPAREL ARTICLES DESCRIBED.—Apparel arti-
cles described in this subsection are apparel articles that 
are wholly assembled or knit-to-shape in Haiti from any 
combination of fabrics, fabric components, components 
knit-to-shape, and yarns without regard to the country of 
origin of the fabrics, components, or yarns. 
‘‘(c) PREFERENTIAL TREATMENT.—The preferential 
treatment described in subsection (a), shall be extended— 
‘‘(1) during the 12-month period beginning on 
October 1, 2004, to a quantity of apparel articles 
that is equal to 1.5 percent of the aggregate square 
meter equivalents of all apparel articles imported 
into the United States during the 12-month period 
beginning October 1, 2003; and 
‘‘(2) during the 12-month period beginning on 
October 1 of each succeeding year, to a quantity of 
apparel articles that is equal to the product of—
‘‘(A) the percentage applicable during the 
previous 12-month period plus 0.5 percent (but 
not over 3.5 percent); and 
‘‘(B) the aggregate square meter equiva-
lents of all apparel articles imported into the 
United States during the 12-month period that 
ends on September 30 of that year. 
‘‘(d) ELIGIBILITY REQUIREMENTS.—Haiti shall be 
eligible for preferential treatment under this section if the 
President determines and certifies to Congress that Haiti 
is meeting the conditions of subsection (e) and that 
Haiti— 
‘‘(1) has established, or is making continual 
progress toward establishing— 
‘‘(A) a market-based economy that protects 
private property rights, incorporates an open 
rules-based trading system, and minimizes gov-
ernment interference in the economy through 
measures such as price controls, subsidies, and 
government ownership of economic assets; 
‘‘(B) the rule of law, political pluralism, 
and the right to due process, a fair trial, and 
equal protection under the law; 
‘‘(C) the elimination of barriers to United 
States trade and investment, including by—
‘‘(i) the provision of national treat-
ment and measures to create an environ-
ment conducive to domestic and foreign in-
vestment; 
‘‘(ii) the protection of intellectual 
property; and 
‘‘(iii) the resolution of bilateral trade 
and investment disputes; 
‘‘(D) economic policies to reduce poverty, 
increase the availability of health care and edu-
cational opportunities, expand physical infra-
structure, promote the development of private 
enterprise, and encourage the formation of cap-
ital markets through microcredit or other pro-
grams; 
‘‘(E) a system to combat corruption and 
bribery, such as signing and implementing the 
Convention on Combating Bribery of Foreign 
Public Officials in International Business 
Transactions; and 
‘‘(F) protection of internationally recog-
nized worker rights, including the right of asso-
ciation, the right to organize and bargain collec-
tively, a prohibition on the use of any form of 
forced or compulsory labor, a minimum age for
the employment of children, and acceptable con-
ditions of work with respect to minimum wages, 
hours of work, and occupational safety and 
health; 
‘‘(2) does not engage in activities that under-
mine United States national security or foreign pol-
icy interests; and 
‘‘(3) does not engage in gross violations of 
internationally recognized human rights or provide 
support for acts of international terrorism and co-
operates in international efforts to eliminate human 
rights violations and terrorist activities. 
‘‘(e) CONDITIONS REGARDING ENFORCEMENT
OF 
CIRCUMVENTION.— 
‘‘(1) IN GENERAL.—The preferential treatment 
under subsection (b) shall not apply unless the 
President certifies to Congress that Haiti is meeting 
the following conditions: 
‘‘(A) Haiti has adopted an effective visa 
system, domestic laws, and enforcement proce-
dures applicable to articles described in sub-
section (b) to prevent unlawful transshipment 
of the articles and the use of counterfeit docu-
ments relating to the importation of the articles 
into the United States.
‘‘(B) Haiti has enacted legislation or pro-
mulgated regulations that would permit the Bu-
reau of Customs and Border Protection 
verification teams to have the access necessary 
to investigate thoroughly allegations of trans-
shipment through such country. 
‘‘(C) Haiti agrees to report, on a timely 
basis, at the request of the Bureau of Customs 
and Border Protection, on the total exports 
from and imports into that country of articles 
described in subsection (b), consistent with the 
manner in which the records are kept by Haiti. 
‘‘(D) Haiti agrees to cooperate fully with 
the United States to address and take action 
necessary to prevent circumvention. 
‘‘(E) Haiti agrees to require all producers 
and exporters of articles described in subsection 
(b) in that country to maintain complete 
records of the production and the export of the 
articles, including materials used in the produc-
tion, for at least 2 years after the production or 
export (as the case may be). 
‘‘(F) Haiti agrees to report, on a timely 
basis, at the request of the Bureau of Customs 
and Border Protection, documentation estab-
lishing the country of origin of articles de-
scribed in subsection (b) as used by that coun-
try in implementing an effective visa system. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) CIRCUMVENTION.—The term ‘cir-
cumvention’ means any action involving the 
provision of a false declaration or false informa-
tion for the purpose of, or with the effect of, 
violating or evading existing customs, country 
of origin labeling, or trade laws of the United 
States or Haiti relating to imports of textile 
and apparel goods, if such action results— 
‘‘(i) in the avoidance of tariffs, 
quotas, embargoes, prohibitions, restric-
tions, trade remedies, including anti-
dumping or countervailing duties, or safe-
guard measures; or 
‘‘(ii) in obtaining preferential tariff 
treatment. 
‘‘(B) TRANSSHIPMENT.—The term ‘trans-
shipment’ has the meaning given such term 
under section 213(b)(2)(D)(iii).’’. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) applies with respect to goods entered,
or withdrawn from warehouse for consumption, on 
or after October 1, 2004. 
(2) RETROACTIVE
APPLICATION
TO
CERTAIN 
ENTRIES.—Notwithstanding section 514 of the Tar-
iff Act of 1930 (19 U.S.C. 1514) or any other provi-
sion of law, upon proper request filed with the 
United States Customs Service before the 90th day 
after the date of the enactment of this Act, any 
entry or withdrawal from warehouse for consump-
tion, of any goods described in the amendment made 
by subsection (a)— 
(A) that was made on or after October 1, 
2004, and before the date of the enactment of 
this Act, and 
(B) with respect to which there would have 
been no duty if the amendment made by sub-
section (a) applied to such entry or withdrawal, 
shall be liquidated or reliquidated as though 
such amendment applied to such entry or with-
drawal. 
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