I 
118TH CONGRESS 
2D SESSION 
H. R. 7986 
To modify and reauthorize the Generalized System of Preferences, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2024 
Mr. SMITH of Nebraska introduced the following bill; which was referred to 
the Committee on Ways and Means 
A BILL 
To modify and reauthorize the Generalized System of 
Preferences, and for other purposes. 
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 ‘‘Generalized System 
of Preferences Reform Act’’. 
SEC. 2. EXTENSION OF GENERALIZED SYSTEM OF PREF-
ERENCES. 
(a) IN GENERAL.—Section 505 of the Trade Act of 
1974 (19 U.S.C. 2465) is amended by striking ‘‘December 
31, 2020’’ and inserting ‘‘December 31, 2030’’. 
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(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply to articles entered on or 
after the 30th day after the date of the enactment 
of this Act. 
(2) RETROACTIVE APPLICATION FOR CERTAIN 
LIQUIDATIONS AND RELIQUIDATIONS.— 
(A) IN
GENERAL.—Notwithstanding sec-
tion 514 of the Tariff Act of 1930 (19 U.S.C. 
1514) or any other provision of law and subject 
to subparagraph (B), any entry of a covered ar-
ticle to which duty-free treatment or other pref-
erential treatment under title V of the Trade 
Act of 1974 (19 U.S.C. 2461 et seq.) would 
have applied if the entry had been made on De-
cember 31, 2020, that was made— 
(i) after December 31, 2020, and 
(ii) before the effective date specified 
in paragraph (1), 
shall be liquidated or reliquidated as though 
such entry occurred on the effective date speci-
fied in paragraph (1). 
(B) REQUESTS.—A liquidation or reliqui-
dation may be made under subparagraph (A) 
with respect to an entry only if a request there-
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for is filed with U.S. Customs and Border Pro-
tection not later than 180 days after the date 
of the enactment of this Act that contains suffi-
cient information to enable U.S. Customs and 
Border Protection— 
(i) to locate the entry; or 
(ii) to reconstruct the entry if it can-
not be located. 
(C) PAYMENT OF AMOUNTS OWED.—Any 
amounts owed by the United States pursuant to 
the liquidation or reliquidation of an entry of a 
covered article under subparagraph (A) shall be 
paid, without interest of any kind, not later 
than 90 days after the date of the liquidation 
or reliquidation (as the case may be). 
(3) DEFINITIONS.—In this subsection: 
(A) COVERED ARTICLE.—The term ‘‘cov-
ered article’’ means an article from a country 
that is a beneficiary developing country under 
title V of the Trade Act of 1974 (19 U.S.C. 
2461 et seq.) as of the effective date specified 
in paragraph (1). 
(B) ENTER; ENTRY.—The terms ‘‘enter’’ 
and ‘‘entry’’ include a withdrawal from ware-
house for consumption. 
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SEC. 3. MODIFICATIONS TO DESIGNATIONS OF BENE-
FICIARY COUNTRIES. 
Section 502 of the Trade Act of 1974 (19 U.S.C. 
2462) is amended as follows: 
(1) In subsection (b)(1), by adding at the end 
the following new subparagraph: 
‘‘(J) China.’’. 
(2) In subsection (b)(2)— 
(A) by inserting after subparagraph (H) 
the following: 
‘‘(I) Such country engages in gross viola-
tions of internationally recognized human rights 
in that country (including any designated zone 
in that country).’’; and 
(B) in the text following subparagraph (I) 
(as inserted by subparagraph (A)), by striking 
‘‘and (H) (to the extent described in section 
507(6)(D))’’ and inserting ‘‘(H) (to the extent 
described in section 507(6)(D)) and (I)’’. 
(3) In subsection (c)— 
(A) in paragraph (6)(B), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following new 
paragraphs: 
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‘‘(8) the extent to which such country allows, 
after the date of the enactment of this paragraph, 
construction of military bases by a covered nation 
(as such term is defined in section 4872 of title 10, 
United States Code); 
‘‘(9) the extent to which such country— 
‘‘(A) provides open and equitable market 
access for United States agriculture, including 
through the adoption of science-based stand-
ards; 
‘‘(B) refrains from imposing unjustified 
trade restrictions that affect new agricultural 
technologies, including biotechnology; 
‘‘(C) refrains from providing domestic agri-
cultural subsidies that decrease market oppor-
tunities for United States exports; and 
‘‘(D) refrains from imposing prohibitions 
on the generic use of common food and bev-
erage terms; 
‘‘(10) the extent to which such country is deep-
ening its economic, diplomatic, and military relations 
with covered nations (as such term is defined in sec-
tion 4872 of title 10, United States Code); 
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‘‘(11) the extent to which such country has es-
tablished, or is making continual progress toward es-
tablishing— 
‘‘(A) the rule of law, political pluralism, 
and the right to due process, a fair trial, and 
equal protection under the law; 
‘‘(B) 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 micro-credit or other pro-
grams; and 
‘‘(C) 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, done at Paris December 17, 
1997, and entered into force February 15, 1999 
(TIAS 99–215); 
‘‘(12) the extent to which such country provides 
equitable and non-discriminatory tax treatment for 
United States entities; 
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‘‘(13) whether such country engages in activi-
ties that undermine United States national security 
or foreign policy interests; and 
‘‘(14) the extent to which such country— 
‘‘(A) has imposed unreasonable digital 
trade barriers, such as unnecessary or discrimi-
natory data localization or data transfer restric-
tions, discriminatory treatment of digital prod-
ucts, or forced disclosure of proprietary source 
code; and 
‘‘(B) has taken steps in the digital environ-
ment to support consumer protections, the pri-
vacy of personal information, and open digital 
ecosystems;’’. 
SEC. 4. MODIFICATION OF PROVISIONS RELATING TO 
WITHDRAWAL, SUSPENSION, OR LIMITATION 
OF COUNTRY DESIGNATION. 
Section 502(d)(1) of the Trade Act of 1974 (19 
U.S.C. (2462(d)(1)) is amended— 
(1) by striking ‘‘the President shall consider the 
factors’’ and inserting ‘‘the President— 
‘‘(A) shall consider— 
‘‘(i) the factors’’; 
(2) by striking the period at the end and insert-
ing a semicolon; and 
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(3) by adding at the end the following: 
‘‘(ii) the likely impacts of any such ac-
tion on working toward, or continuing to 
meet, the criteria and factors described in 
subsections (b) and (c) of this section; and 
‘‘(iii) the likely impacts of any such 
action on workers and populations in the 
country that such criteria and factors are 
intended to help; 
‘‘(B) take all available steps to facilitate 
continued duty-free treatment under this title 
for products with respect to which the imposi-
tion of duties is likely— 
‘‘(i) to have an adverse effect on 
meeting the criteria and factors described 
in subsections (b) and (c) of this section; 
or 
‘‘(ii) result in severe economic harm 
to the populations that such criteria and 
factors are intended to help; and’’. 
SEC. 5. PROCEDURAL ENFORCEMENT REFORMS. 
Section 502 of the Trade Act of 1974 (19 U.S.C. 
2462), as amended by sections 3 and 4, is further amend-
ed as follows: 
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(1) In subsection (d)(1), by adding at the end 
the following: 
‘‘(C) hold a public hearing or provide for 
a period of not less than 30 days for submission 
of comments by the public.’’. 
(2) In subsection (f)(2)— 
(A) in the paragraph heading, by inserting 
‘‘OR SUSPENSION’’ after ‘‘TERMINATION’’.; 
(B) by inserting ‘‘or suspend’’ after ‘‘ter-
minate’’ each place it appears; and 
(C) by inserting ‘‘or suspension’’ after 
‘‘termination’’. 
(3) By adding at the end the following: 
‘‘(g) PUBLICATION OF DETERMINATIONS RELATING 
TO PETITIONS FOR REVIEW.—The United States Trade 
Representative shall publish in the Federal Register a no-
tice of, and the rationale for, any determination of the 
Trade Representative with respect to a petition for review 
of the eligibility of a country for designation as a bene-
ficiary developing country, including a determination— 
‘‘(1) to accept or deny such a petition; 
‘‘(2) to continue to review the eligibility of the 
country; or 
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‘‘(3) to withdraw, suspend, or limit the applica-
tion of duty-free treatment under this title with re-
spect to the country.’’. 
SEC. 6. ASSESSMENT AND REPORT ON COMPLIANCE WITH 
ELIGIBILITY REQUIREMENTS. 
Section 502 of the Trade Act of 1974, as amended 
by sections 3 through 5, is further amended by adding 
at the end the following: 
‘‘(h) ASSESSMENT
AND REPORT
ON COMPLIANCE 
WITH ELIGIBILITY REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The President shall— 
‘‘(A) on an annual basis— 
‘‘(i) conduct assessments of the com-
pliance of an appropriate number of coun-
tries designated as beneficiary developing 
countries for purposes of this title in meet-
ing or continuing to meet the eligibility re-
quirements under this title; and 
‘‘(ii) make determinations with re-
spect to whether to initiate full reviews of 
the practices of those countries to assess 
the continued eligibility of those countries 
for designation as beneficiary developing 
countries under this title; and 
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‘‘(B) submit to Congress a report con-
sisting of the results of such assessments and 
determinations. 
‘‘(2) FREQUENCY.—The President shall con-
duct an assessment described in clause (i) of para-
graph (1)(A) and make a determination described in 
clause (ii) of that paragraph with respect to each 
country designated as a beneficiary developing coun-
try for purposes of this title not less frequently than 
once every 3 years.’’. 
SEC. 7. MODIFICATIONS TO RULES OF ORIGIN. 
(a) IN GENERAL.—Section 503(a)(2) of the Trade 
Act of 1974 (19 U.S.C. 2463(a)(2)) is amended— 
(1) in subparagraph (A), in the matter fol-
lowing clause (ii)(II), by striking ‘‘35 percent’’ and 
inserting ‘‘the percentage described in subparagraph 
(B)’’; 
(2) by redesignating subparagraph (B) as sub-
paragraph (C); 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) PERCENTAGE DESCRIBED.—The per-
centage described in this subparagraph is— 
‘‘(i) in the case of articles entered be-
fore January 1, 2027, 35 percent; 
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‘‘(ii) in the case of articles entered on 
or after January 1, 2027, and before Jan-
uary 1, 2029, 40 percent; 
‘‘(iii) in the case of articles entered on 
or after January 1, 2029, and before Jan-
uary 1, 2031, 45 percent; and 
‘‘(iv) in the case of articles entered on 
or after January 1, 2031, 50 percent.’’; 
and 
(4) by adding at the end the following: 
‘‘(D) PASS-THROUGH AND COST OR VALUE 
OF
MATERIALS
PRODUCED
IN
THE
CUSTOMS 
TERRITORY OF THE UNITED STATES.— 
‘‘(i) IN
GENERAL.—The duty-free 
treatment provided under this title shall 
apply to any article that meets the require-
ments of this paragraph. 
‘‘(ii) EXCEPTION WITH RESPECT TO 
MATERIALS PRODUCED IN THE CUSTOMS 
TERRITORY OF THE UNITED STATES.—To 
the extent that the cost or value of mate-
rials produced in the customs territory of 
the United States is included with respect 
to an article, an amount not to exceed 15 
percent of the appraised value of the arti-
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cle at the time it is entered that is attrib-
uted to such United States cost or value 
may be applied toward determining the ap-
plicable percentage described in subpara-
graph (B). 
‘‘(iii) NO PASS-THROUGH TO OTHER 
PROGRAMS.—Notwithstanding clause (i), 
duty-free treatment under any other pro-
gram providing such treatment for an arti-
cle, conditional on the eligibility of an arti-
cle to be treated as originating for pur-
poses of this paragraph, may only be ex-
tended to an article that is otherwise eligi-
ble for duty-free treatment under this title 
in a calendar year— 
‘‘(I) if the article would remain 
eligible for such treatment even if sub-
paragraph (A) were applied by sub-
stituting ‘35 percent’ for ‘the percent-
age described in subparagraph (B)’ 
with respect to that calendar year; 
and 
‘‘(II) if no amount attributable to 
United States cost or value, as au-
thorized by clause (ii) of this subpara-
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graph, would be required to be applied 
in order to achieve such eligibility.’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than January 1, 
2026, the United States Trade Representative shall 
submit to Congress a report on the impact of the 
Generalized System of Preferences rule of origin re-
quirements under section 503(a)(2)(A)(ii)(I) of the 
Trade Act of 1974 (19 U.S.C. 2463(a)(2)(A)(ii)(I)) 
in fostering regional economic integration through 
program cumulation among regional associations. 
(2) MATTERS TO BE INCLUDED.—The report 
required under this subsection shall include rec-
ommendations regarding— 
(A) new regional associations eligible for 
treatment as one country under the provisions 
of section 507(2) of the Trade Act of 1974 (19 
U.S.C. 2467(2)); and 
(B) updates to the rule of origin method-
ology under section 503 of such Act that would 
better maximize content from beneficiary devel-
oping countries and the United States. 
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SEC. 8. MODIFICATIONS TO COMPETITIVE NEED LIMITA-
TION. 
(a) IN GENERAL.—Section 503 of the Trade Act of 
1974 (19 U.S.C. 2463) is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (A)(ii)— 
(i) in subclause (I), by striking ‘‘for 
1996, $75,000,000’’ and inserting ‘‘for cal-
endar year 2023, $500,000,000’’; and 
(ii) in subclause (II), by striking 
‘‘$5,000,000’’ and inserting ‘‘2.5 percent 
of such applicable amount’’; 
(B) in subparagraph (C), by striking 
‘‘may, subject’’ and inserting ‘‘should, subject’’; 
and 
(C) in subparagraph (F)(ii)— 
(i) in subclause (I), by striking ‘‘for 
calendar year 1996, $13,000,000’’ and in-
serting 
‘‘for 
calendar 
year 
2023, 
$50,000,000’’; and 
(ii) in subclause (II), by striking 
‘‘$500,000’’ and inserting ‘‘2.5 percent of 
such applicable amount’’; 
(2) in subsection (d)(4)(B), by adding at the 
end the following: 
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‘‘(iii) Clause (ii)(II) shall not apply with 
respect to any article if a like or directly com-
petitive article was not produced in the United 
States in any of the preceding 3 calendar 
years.’’. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—The amendments made by 
subsection (a) shall take effect on the date of the en-
actment of this Act. 
(2) RESTORATION
OF
DUTY-FREE
TREAT-
MENT.— 
(A) LIST REQUIRED.—Not later than 120 
days after the date of the enactment of this 
Act, the President shall— 
(i) list each article with respect to 
which duty-free treatment was eliminated 
(as of the date of the enactment of this 
Act) pursuant to subsection (c) of section 
503 of the Trade Act of 1974 that is eligi-
ble for such treatment pursuant to such 
section 503 as amended by subsection (a) 
of this section; and 
(ii) determine, with respect to each 
such article, whether the article is a poten-
tially sensitive product that warrants re-
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view pursuant to subsection (c)(1) of such 
section 503 for the continued withholding 
of duty-free treatment. 
(B) PROMPT
RESTORATION.—Except for 
articles for which the President makes an af-
firmative determination pursuant to subpara-
graph (A)(ii), the President shall restore duty- 
free treatment to each article included in the 
list described in subparagraph (A)(i) on such 
120th day after date of enactment. 
(3) EXPEDITED REVIEW OF CERTAIN ARTICLES 
FOR EXCLUSION FROM DUTY-FREE TREATMENT.— 
The President shall review, pursuant to section 
503(c)(1) of the Trade Act of 1974 (19 U.S.C. 
2463(c)(1)), whether duty-free treatment should 
continue to be withheld from each article for which 
the President makes an affirmative determination 
pursuant to paragraph (2)(A)(ii). Not later than 1 
year after the date of the enactment of this Act, the 
President shall restore duty-free treatment to each 
article for which such review determines that such 
treatment should not be withheld. 
(4) REPORTS.—Not later than 1 year after the 
date of the enactment of this Act, the President 
shall submit to the Committee on Ways and Means 
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of the House of Representatives and the Committee 
on Finance of the Senate a report containing— 
(A) the results of the reviews conducted 
pursuant to paragraph (3); and 
(B) justifications for the reasons for which 
duty-free treatment was withheld or restored 
with respect to articles described in such para-
graph. 
SEC. 9. EXPEDITED PRODUCT COVERAGE PETITION PROC-
ESS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the United States Inter-
national Trade Commission shall publish in the Federal 
Register and on a publicly available internet website of 
the Commission a notice requesting interested parties to 
submit to the Commission, during the 60-day period be-
ginning on the date of such publication, a petition— 
(1) to add one or more headings or subheadings 
of the Harmonized Tariff Schedule of the United 
States to, or remove one or more such headings or 
subheadings from, the list of articles that may not 
be designated as an eligible article for duty-free 
treatment pursuant to section 503(b) of the Trade 
Act of 1974 (19 U.S.C. 2463(b)); or 
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(2) to provide duty-free treatment to one or 
more headings or subheadings of the Harmonized 
Tariff Schedule under the Generalized System of 
Preferences that are— 
(A) not restricted under such section 
503(b) from designation as an eligible article; 
and 
(B) not otherwise designated an eligible ar-
ticle by the President pursuant to section 501 
or section 503(a) of such Act (19 U.S.C. 2461; 
2463(a)). 
(b) CONTENTS OF PETITION.—A petition submitted 
pursuant to subsection (a) shall be eligible for consider-
ation under the process provided by this section only if 
such petition includes— 
(1) the name and address of the petitioner; 
(2) the 8-digit subheading level or levels under 
the Harmonized Tariff Schedule with respect to 
which the petition is submitted; and 
(3) for a petition submitted pursuant to sub-
section (a), a certification that the petitioner is an 
interested party and a brief description of the man-
ner and extent to which the petitioner is a likely 
beneficiary with respect to the addition or removal 
of the heading or subheading level concerned. 
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(c) PUBLICATION OF PETITIONS.—As soon as prac-
ticable after the 60-day period described in subsection (a), 
and not later than 30 days after the end of such period, 
the Commission shall publish on a publicly available inter-
net website of the Commission the contents of each peti-
tion received. 
(d) OPPORTUNITY FOR PUBLIC COMMENT.—During 
the 45-day period beginning on the date of the publication 
of petitions pursuant to subsection (c), the Commission 
shall publish in the Federal Register and on a publicly 
available internet website of the Commission a notice re-
questing members of the public to submit comments to 
the Commission with respect to the changes sought by the 
petitions. 
(e) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Commission shall submit 
to the appropriate congressional committees a report on 
each eligible petition submitted pursuant to the process 
provided by this section that includes, with respect to the 
article or articles concerned in each such petition— 
(1) data from the 5 most recent calendar years 
for which complete information is available on— 
(A) sources of imports; 
(B) values of imports; 
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(C) market share of imports (to the extent 
practical); and 
(D) domestic production (to the extent 
practical); 
(2) any information on whether the product is 
used as an input in United States manufacturing; 
and 
(3) a summary of information provided in the 
form of comments rebutting or objecting to the peti-
tion. 
(f) AUTHORITIES.— 
(1) PROCEDURES.—The Commission shall pre-
scribe and publish in the Federal Register and on a 
publicly available internet website of the Commission 
all procedures to be complied with by members of 
the public submitting petitions. 
(2) JUDICIAL REVIEW PRECLUDED.—The exer-
cise of functions under this section shall not be sub-
ject to judicial review. 
(g) INTERESTED PARTY DEFINED.—In this section, 
the term ‘‘interested party’’ has the definition given such 
term in section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677), except that an interested party under this section 
may not include— 
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(1) any person described in paragraph (9)(A) of 
such section, other than a person that is an importer 
or a business association of importers; or 
(2) any person described in paragraph (9)(B) 
or (9)(G) of such section. 
SEC. 10. EXTENSION OF CUSTOMS USER FEES. 
(a) IN GENERAL.—Section 13031(j)(3) of the Con-
solidated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(j)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘Sep-
tember 30, 2031’’ and inserting ‘‘September 30, 
2033’’; and 
(2) in subparagraph (B)(i), by striking ‘‘Sep-
tember 30, 2031’’ and inserting ‘‘September 30, 
2033’’. 
(b) RATE FOR MERCHANDISE PROCESSING FEES.— 
Section 503 of the United States-Korea Free Trade 
Agreement Implementation Act (Public Law 112–41; 19 
U.S.C. 3805 note) is amended by striking ‘‘September 30, 
2031’’ and inserting ‘‘September 30, 2033’’. 
Æ 
VerDate Sep 11 2014 
23:43 Apr 24, 2024
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