I 
110TH CONGRESS 
2D SESSION 
H. R. 7222 
To extend the Andean Trade Preference Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2008 
Mr. RANGEL (for himself, Mr. MCCRERY, Mr. LEVIN, and Mr. HERGER) in-
troduced the following bill; which was referred to the Committee on Ways 
and Means 
SEPTEMBER 29, 2008 
The Committee on Ways and Means discharged; considered and passed 
A BILL 
To extend the Andean Trade Preference Act, 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. EXTENSION OF ANDEAN TRADE PREFERENCE 
ACT. 
(a) EXTENSION.—Section 208 of the Andean Trade 
Preference Act (19 U.S.C. 3206) is amended by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 
2009’’. 
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(b) TREATMENT OF CERTAIN APPAREL ARTICLES.— 
Section 204(b)(3) of such Act (19 U.S.C. 3203(b)(3)) is 
amended— 
(1) in subparagraph (B)— 
(A) in clause (iii)— 
(i) in subclause (II), by striking ‘‘6 
succeeding 1-year periods’’ and inserting 
‘‘7 succeeding 1-year periods’’; and 
(ii) in subclause (III)(bb), by striking 
‘‘and for the succeeding 1-year period’’ and 
inserting ‘‘and for the succeeding 2-year 
period’’; and 
(B) in clause (v)(II), by striking ‘‘5 suc-
ceeding 1-year periods’’ and inserting ‘‘6 suc-
ceeding 1-year periods’’; and 
(2) in subparagraph (E)(ii)(II), by striking 
‘‘December 31, 2008’’ and inserting ‘‘December 31, 
2009’’. 
SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM. 
(a) IN GENERAL.—Title IV of the Dominican Repub-
lic-Central America-United States Free Trade Agreement 
Implementation Act (Public Law 109–53; 119 Stat. 495) 
is amended by adding at the end the following: 
‘‘SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM. 
‘‘(a) PREFERENTIAL TREATMENT.— 
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‘‘(1) IN
GENERAL.—Eligible apparel articles 
wholly assembled in an eligible country and imported 
directly from an eligible country shall enter the 
United States free of duty, without regard to the 
source of the fabric or yarns from which the articles 
are made, if such apparel articles are accompanied 
by an earned import allowance certificate that re-
flects the amount of credits equal to the total square 
meter equivalents of fabric in such apparel articles, 
in accordance with the program established under 
subsection (b). 
‘‘(2) DETERMINATION OF QUANTITY OF SME.— 
For purposes of determining the quantity of square 
meter equivalents under paragraph (1), the conver-
sion factors listed in ‘Correlation: U.S. Textile and 
Apparel Industry Category System with the Har-
monized Tariff Schedule of the United States of 
America, 2008’, or its successor publications, of the 
United States Department of Commerce, shall apply. 
‘‘(b) EARNED IMPORT ALLOWANCE PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary of Com-
merce shall establish a program to provide earned 
import allowance certificates to any producer or enti-
ty controlling production of eligible apparel articles 
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‘‘(F) The program shall be established so 
as to allow, to the extent feasible, the submis-
sion, storage, retrieval, and disclosure of infor-
mation in electronic format, including informa-
tion with respect to the earned import allow-
ance certificates required under subsection 
(a)(1). 
‘‘(G) The Secretary of Commerce may rec-
oncile discrepancies in the information provided 
under subparagraph (C) or (D) and verify the 
accuracy of such information. 
‘‘(H) The Secretary of Commerce shall es-
tablish procedures to carry out the program 
under this section by September 30, 2008, and 
may establish additional requirements to carry 
out the program. 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘appropriate congressional com-
mittees’ means the Committee on Ways and Means 
of the House of Representatives and the Committee 
on Finance of the Senate; 
‘‘(2) the term ‘eligible apparel articles’ means 
the following articles classified in chapter 62 of the 
HTS (and meeting the requirements of the rules re-
lating to chapter 62 of the HTS contained in gen-
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eral note 29(n) of the HTS) of cotton (but not of 
denim): trousers, bib and brace overalls, breeches 
and shorts, skirts and divided skirts, and pants; 
‘‘(3) the term ‘eligible country’ means the Do-
minican Republic; and 
‘‘(4) the term ‘qualifying fabric’ means woven 
fabric of cotton wholly formed in the United States 
from yarns wholly formed in the United States and 
certified by the producer or entity controlling pro-
duction as being suitable for use in the manufacture 
of apparel items such as trousers, bib and brace 
overalls, breeches and shorts, skirts and divided 
skirts or pants, all the foregoing of cotton, except 
that— 
‘‘(A) fabric otherwise eligible as qualifying 
fabric shall not be ineligible as qualifying fabric 
because the fabric contains nylon filament yarn 
with 
respect 
to 
which 
section 
213(b)(2)(A)(vii)(IV) of the Caribbean Basin 
Economic Recovery Act applies; 
‘‘(B) fabric that would otherwise be ineli-
gible as qualifying fabric because the fabric 
contains yarns not wholly formed in the United 
States shall not be ineligible as qualifying fabric 
if the total weight of all such yarns is not more 
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than 10 percent of the total weight of the fab-
ric, except that any elastomeric yarn contained 
in an eligible apparel article must be wholly 
formed in the United States; and 
‘‘(C) fabric otherwise eligible as qualifying 
fabric shall not be ineligible as qualifying fabric 
because the fabric contains yarns or fibers that 
have been designated as not commercially avail-
able pursuant to— 
‘‘(i) article 3.25(4) or Annex 3.25 of 
the Agreement; 
‘‘(ii) Annex 401 of the North Amer-
ican Free Trade Agreement; 
‘‘(iii) section 112(b)(5) of the African 
Growth and Opportunity Act; 
‘‘(iv) section 204(b)(3)(B)(i)(III) or 
(ii) of the Andean Trade Preference Act; 
‘‘(v) 
section 
213(b)(2)(A)(v) 
or 
213A(b)(5)(A) of the Caribbean Basin 
Economic Recovery Act; or 
‘‘(vi) any other provision, relating to 
determining whether a textile or apparel 
article is an originating good eligible for 
preferential treatment, of a law that imple-
ments a free trade agreement entered into 
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by the United States that is in effect at 
the time the claim for preferential treat-
ment is made. 
‘‘(d) REVIEW AND REPORT.— 
‘‘(1) 
REVIEW.—The 
United 
States 
Inter-
national Trade Commission shall carry out a review 
of the program under this section annually for the 
purpose of evaluating the effectiveness of, and mak-
ing recommendations for improvements in, the pro-
gram. 
‘‘(2) 
REPORT.—The 
United 
States 
Inter-
national Trade Commission shall submit to the ap-
propriate congressional committees annually a report 
on the results of the review carried out under para-
graph (1). 
‘‘(e) EFFECTIVE DATE AND APPLICABILITY.— 
‘‘(1) EFFECTIVE
DATE.—The program under 
this section shall be in effect for the 10-year period 
beginning on the date on which the President cer-
tifies to the appropriate congressional committees 
that sections A, B, C, and D of the Annex to Presi-
dential Proclamation 8213 (December 20, 2007) 
have taken effect. 
‘‘(2) APPLICABILITY.—The program under this 
section shall apply with respect to qualifying fabric 
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exported to an eligible country on or after August 1, 
2007.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Dominican Republic-Central America-United 
States Free Trade Agreement Implementation Act is 
amended by inserting after the item relating to section 
403 the following: 
‘‘Sec. 404. Earned import allowance program.’’. 
SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT. 
(a) IN
GENERAL.—Section 112 of the African 
Growth and Opportunity Act (19 U.S.C. 3721) is amend-
ed— 
(1) in subsection (b)(6)(A), by striking ‘‘ethic’’ 
in the second sentence and inserting ‘‘ethnic’’; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘, and 
subject to paragraph (2),’’; 
(B) by striking paragraphs (2) and (3); 
(C) in paragraph (4)— 
(i) by striking ‘‘Subsection (b)(3)(C)’’ 
and inserting ‘‘Subsection (b)(3)(B)’’; and 
(ii) by redesignating such paragraph 
(4) as paragraph (2); and 
(D) by striking paragraph (5) and insert-
ing the following: 
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‘‘(3) DEFINITION.—In this subsection, the term 
‘lesser developed beneficiary sub-Saharan African 
country’ means— 
‘‘(A) a beneficiary sub-Saharan African 
country that had a per capita gross national 
product of less than $1,500 in 1998, as meas-
ured by the International Bank for Reconstruc-
tion and Development; 
‘‘(B) Botswana; 
‘‘(C) Namibia; and 
‘‘(D) Mauritius.’’. 
(b) APPLICABILITY.—The amendments made by sub-
section (a) apply to goods entered, or withdrawn from 
warehouse for consumption, on or after the 15th day after 
the date of the enactment of this Act. 
(c) REVIEW AND REPORTS.— 
(1) ITC REVIEW AND REPORT.— 
(A) REVIEW.—The United States Inter-
national Trade Commission shall conduct a re-
view to identify yarns, fabrics, and other textile 
and apparel inputs that through new or in-
creased investment or other measures can be 
produced competitively in beneficiary sub-Saha-
ran African countries. 
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(B) REPORT.—Not later than 7 months 
after the date of the enactment of this Act, the 
United States International Trade Commission 
shall submit to the appropriate congressional 
committees and the Comptroller General a re-
port on the results of the review carried out 
under subparagraph (A). 
(2) GAO REPORT.—Not later than 90 days 
after the submission of the report under paragraph 
(1)(B), the Comptroller General shall submit to the 
appropriate congressional committees a report that, 
based on the results of the report submitted under 
paragraph (1)(B) and other available information, 
contains recommendations for changes to United 
States trade preference programs, including the Af-
rican Growth and Opportunity Act (19 U.S.C. 3701 
et seq.) and the amendments made by that Act, to 
provide incentives to increase investment and other 
measures necessary to improve the competitiveness 
of beneficiary sub-Saharan African countries in the 
production of yarns, fabrics, and other textile and 
apparel inputs identified in the report submitted 
under paragraph (1)(B), including changes to re-
quirements relating to rules of origin under such 
programs. 
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(3) DEFINITIONS.—In this subsection— 
(A) the term ‘‘appropriate congressional 
committees’’ means the Committee on Ways 
and Means of the House of Representatives and 
the Committee on Finance of the Senate; and 
(B) the term ‘‘beneficiary sub-Saharan Af-
rican countries’’ has the meaning given the 
term in section 506A(c) of the Trade Act of 
1974 (19 U.S.C. 2466a(c)). 
(d) CLERICAL AMENDMENT.—Section 6002(a)(2)(B) 
of Public Law 109–432 is amended by striking ‘‘(B) by 
striking’’ and inserting ‘‘(B) in paragraph (3), by strik-
ing’’. 
SEC. 4. GENERALIZED SYSTEM OF PREFERENCES. 
Section 505 of the Trade Act of 1974 (19 U.S.C. 
2465) is amended by striking ‘‘December 31, 2008’’ and 
inserting ‘‘December 31, 2009’’. 
SEC. 5. 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 ‘‘Novem-
ber 14, 2017’’ and inserting ‘‘February 21, 2018’’; 
and 
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(2) in subparagraph (B)(i), by striking ‘‘Octo-
ber 7, 2017’’ and inserting ‘‘January 31, 2018’’. 
(b) REPEAL.—Section 15201 of the Food, Conserva-
tion, and Energy Act of 2008 (Public Law 110–246) is 
amended by striking subsections (c) and (d). 
SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED 
TAXES. 
The percentage under subparagraph (C) of section 
401(1) of the Tax Increase Prevention and Reconciliation 
Act of 2005 in effect on the date of the enactment of this 
Act is increased by 2.25 percentage points. 
SEC. 7. TECHNICAL CORRECTIONS. 
Section 15402 of the Food, Conservation, and En-
ergy Act of 2008 (Public Law 110–246) is amended— 
(1) in subsections (a) and (b), by striking 
‘‘Carribean’’ each place it appears and inserting 
‘‘Caribbean’’; and 
(2) in subsection (d), by striking ‘‘231A(b)’’ 
and inserting ‘‘213A(b)’’. 
Æ 
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