if the goods were produced during the fis-
cal year, quarter, or month that is the 
basis for the calculation; 
(ii) determine the average referred to 
in clause (i) separately for such goods sold 
to 1 or more motor vehicle producers; or 
(iii) make a separate determination 
under clause (i) or (ii) for such goods that 
are exported to the territory of Peru or the 
United States. 
(E) CALCULATING
NET
COST.—The im-
porter, exporter, or producer of an automotive 
good shall, consistent with the provisions re-
garding allocation of costs provided for in gen-
erally accepted accounting principles, determine 
the net cost of the automotive good under sub-
paragraph (B) by— 
(i) calculating the total cost incurred 
with respect to all goods produced by the 
producer of the automotive good, sub-
tracting any sales promotion, marketing, 
and after-sales service costs, royalties, 
shipping and packing costs, and nonallow-
able interest costs that are included in the 
total cost of all such goods, and then rea-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
sonably allocating the resulting net cost of 
those goods to the automotive good; 
(ii) calculating the total cost incurred 
with respect to all goods produced by that 
producer, reasonably allocating the total 
cost to the automotive good, and then sub-
tracting any sales promotion, marketing, 
and after-sales service costs, royalties, 
shipping and packing costs, and nonallow-
able interest costs that are included in the 
portion of the total cost allocated to the 
automotive good; or 
(iii) reasonably allocating each cost 
that forms part of the total cost incurred 
with respect to the automotive good so that 
the aggregate of these costs does not in-
clude any sales promotion, marketing, and 
after-sales service costs, royalties, shipping 
and packing costs, or nonallowable interest 
costs. 
(d) VALUE OF MATERIALS.— 
(1) IN GENERAL.—For the purpose of calcu-
lating the regional value-content of a good under 
subsection (c), and for purposes of applying the de 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
minimis rules under subsection (f), the value of a 
material is— 
(A) in the case of a material that is im-
ported by the producer of the good, the ad-
justed value of the material; 
(B) in the case of a material acquired in 
the territory in which the good is produced, the 
value, determined in accordance with Articles 1 
through 8, Article 15, and the corresponding in-
terpretive notes, of the Agreement on Imple-
mentation of Article VII of the General Agree-
ment on Tariffs and Trade 1994 referred to in 
section 101(d)(8) of the Uruguay Round Agree-
ments Act (19 U.S.C. 3511(d)(8)), as set forth 
in regulations promulgated by the Secretary of 
the Treasury providing for the application of 
such Articles in the absence of an importation 
by the producer; or 
(C) in the case of a material that is self- 
produced, the sum of— 
(i) all expenses incurred in the pro-
duction of the material, including general 
expenses; and 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(ii) an amount for profit equivalent to 
the profit added in the normal course of 
trade. 
(2) FURTHER ADJUSTMENTS TO THE VALUE OF 
MATERIALS.— 
(A) ORIGINATING
MATERIAL.—The fol-
lowing expenses, if not included in the value of 
an originating material calculated under para-
graph (1), may be added to the value of the 
originating material: 
(i) The costs of freight, insurance, 
packing, and all other costs incurred in 
transporting the material within or be-
tween the territory of Peru, the United 
States, or both, to the location of the pro-
ducer. 
(ii) Duties, taxes, and customs broker-
age fees on the material paid in the terri-
tory of Peru, the United States, or both, 
other than duties or taxes that are waived, 
refunded, refundable, or otherwise recover-
able, including credit against duty or tax 
paid or payable. 
(iii) The cost of waste and spoilage re-
sulting from the use of the material in the 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
production of the good, less the value of 
renewable scrap or byproducts. 
(B) 
NONORIGINATING
MATERIAL.—The 
following expenses, if included in the value of a 
nonoriginating material calculated under para-
graph (1), may be deducted from the value of 
the nonoriginating material: 
(i) The costs of freight, insurance, 
packing, and all other costs incurred in 
transporting the material within or be-
tween the territory of Peru, the United 
States, or both, to the location of the pro-
ducer. 
(ii) Duties, taxes, and customs broker-
age fees on the material paid in the terri-
tory of Peru, the United States, or both, 
other than duties or taxes that are waived, 
refunded, refundable, or otherwise recover-
able, including credit against duty or tax 
paid or payable. 
(iii) The cost of waste and spoilage re-
sulting from the use of the material in the 
production of the good, less the value of 
renewable scrap or byproducts. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(iv) The cost of originating materials 
used in the production of the nonorigi-
nating material in the territory of Peru, 
the United States, or both. 
(e) ACCUMULATION.— 
(1) ORIGINATING MATERIALS USED IN PRODUC-
TION
OF
GOODS
OF
ANOTHER
COUNTRY.—Origi-
nating materials from the territory of Peru or the 
United States that are used in the production of a 
good in the territory of the other country shall be 
considered to originate in the territory of such other 
country. 
(2) MULTIPLE
PRODUCERS.—A good that is 
produced in the territory of Peru, the United States, 
or both, by 1 or more producers, is an originating 
good if the good satisfies the requirements of sub-
section (b) and all other applicable requirements of 
this section. 
(f) DE MINIMIS AMOUNTS OF NONORIGINATING MA-
TERIALS.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a good that does not undergo a 
change in tariff classification pursuant to Annex 4.1 
of the Agreement is an originating good if— 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
or 2106.90, that is used in the production of a 
good provided for in chapter 4. 
(B) A nonoriginating material provided for 
in chapter 4, or a nonoriginating dairy prepara-
tion containing over 10 percent by weight of 
milk solids provided for in subheading 1901.90, 
that is used in the production of any of the fol-
lowing goods: 
(i) Infant preparations containing 
over 10 percent by weight of milk solids 
provided for in subheading 1901.10. 
(ii) Mixes and doughs, containing over 
25 percent by weight of butterfat, not put 
up for retail sale, provided for in sub-
heading 1901.20. 
(iii) Dairy preparations containing 
over 10 percent by weight of milk solids 
provided for in subheading 1901.90 or 
2106.90. 
(iv) Goods provided for in heading 
2105. 
(v) Beverages containing milk pro-
vided for in subheading 2202.90. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(vi) Animal feeds containing over 10 
percent by weight of milk solids provided 
for in subheading 2309.90. 
(C) A nonoriginating material provided for 
in heading 0805, or any of subheadings 
2009.11 through 2009.39, that is used in the 
production of a good provided for in any of sub-
headings 2009.11 through 2009.39, or in fruit 
or vegetable juice of any single fruit or vege-
table, fortified with minerals or vitamins, con-
centrated or unconcentrated, provided for in 
subheading 2106.90 or 2202.90. 
(D) A nonoriginating material provided for 
in heading 0901 or 2101 that is used in the 
production of a good provided for in heading 
0901 or 2101. 
(E) A nonoriginating material provided for 
in chapter 15 that is used in the production of 
a good provided for in any of headings 1501 
through 1508, or any of headings 1511 through 
1515. 
(F) A nonoriginating material provided for 
in heading 1701 that is used in the production 
of a good provided for in any of headings 1701 
through 1703. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(G) A nonoriginating material provided for 
in chapter 17 that is used in the production of 
a good provided for in subheading 1806.10. 
(H) Except as provided in subparagraphs 
(A) through (G) and Annex 4.1 of the Agree-
ment, a nonoriginating material used in the 
production of a good provided for in any of 
chapters 1 through 24, unless the nonorigi-
nating material is provided for in a different 
subheading than the good for which origin is 
being determined under this section. 
(I) A nonoriginating material that is a tex-
tile or apparel good. 
(3) TEXTILE OR APPAREL GOODS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a textile or apparel good 
that is not an originating good because certain 
fibers or yarns used in the production of the 
component of the good that determines the tar-
iff classification of the good do not undergo an 
applicable change in tariff classification, set 
forth in Annex 3–A of the Agreement, shall be 
considered to be an originating good if— 
(i) the total weight of all such fibers 
or yarns in that component is not more 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
than 10 percent of the total weight of that 
component; or 
(ii) the yarns are those described in 
section 204(b)(3)(B)(vi)(IV) of the Andean 
Trade 
Preference 
Act 
(19 
U.S.C. 
3203(b)(3)(B)(vi)(IV)) (as in effect on the 
date of the enactment of this Act). 
(B) 
CERTAIN
TEXTILE
OR
APPAREL 
GOODS.—A textile or apparel good containing 
elastomeric yarns in the component of the good 
that determines the tariff classification of the 
good shall be considered to be an originating 
good only if such yarns are wholly formed in 
the territory of Peru, the United States, or 
both. 
(C) YARN, FABRIC, OR FIBER.—For pur-
poses of this paragraph, in the case of a good 
that is a yarn, fabric, or fiber, the term ‘‘com-
ponent of the good that determines the tariff 
classification of the good’’ means all of the fi-
bers in the good. 
(g) FUNGIBLE GOODS AND MATERIALS.— 
(1) IN GENERAL.— 
(A) CLAIM
FOR
PREFERENTIAL
TARIFF 
TREATMENT.—A person claiming that a fun-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
gible good or fungible material is an originating 
good may base the claim either on the physical 
segregation of the fungible good or fungible ma-
terial or by using an inventory management 
method with respect to the fungible good or 
fungible material. 
(B) INVENTORY MANAGEMENT METHOD.— 
In this subsection, the term ‘‘inventory manage-
ment method’’ means— 
(i) averaging; 
(ii) ‘‘last-in, first-out’’; 
(iii) ‘‘first-in, first-out’’; or 
(iv) any other method— 
(I) recognized in the generally 
accepted accounting principles of the 
country in which the production is 
performed (whether Peru or the 
United States); or 
(II) otherwise accepted by that 
country. 
(2) ELECTION
OF
INVENTORY
METHOD.—A 
person selecting an inventory management method 
under paragraph (1) for a particular fungible good 
or fungible material shall continue to use that meth-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
od for that fungible good or fungible material 
throughout the fiscal year of such person. 
(h) ACCESSORIES, SPARE PARTS, OR TOOLS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), accessories, spare parts, or tools delivered 
with a good that form part of the good’s standard 
accessories, spare parts, or tools shall— 
(A) be treated as originating goods if the 
good is an originating good; and 
(B) be disregarded in determining whether 
all the nonoriginating materials used in the pro-
duction of the good undergo the applicable 
change in tariff classification set forth in Annex 
4.1 of the Agreement. 
(2) CONDITIONS.—Paragraph (1) shall apply 
only if— 
(A) the accessories, spare parts, or tools 
are classified with and not invoiced separately 
from the good, regardless of whether such ac-
cessories, spare parts, or tools are specified or 
are separately identified in the invoice for the 
good; and 
(B) the quantities and value of the acces-
sories, spare parts, or tools are customary for 
the good. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(3) REGIONAL VALUE-CONTENT.—If the good is 
subject to a regional value-content requirement, the 
value of the accessories, spare parts, or tools shall 
be taken into account as originating or nonorigi-
nating materials, as the case may be, in calculating 
the regional value-content of the good. 
(i) PACKAGING MATERIALS AND CONTAINERS FOR 
RETAIL SALE.—Packaging materials and containers in 
which a good is packaged for retail sale, if classified with 
the good, shall be disregarded in determining whether all 
the nonoriginating materials used in the production of the 
good undergo the applicable change in tariff classification 
set forth in Annex 3–A or Annex 4.1 of the Agreement, 
and, if the good is subject to a regional value-content re-
quirement, the value of such packaging materials and con-
tainers shall be taken into account as originating or non-
originating materials, as the case may be, in calculating 
the regional value-content of the good. 
(j) PACKING MATERIALS
AND CONTAINERS
FOR 
SHIPMENT.—Packing materials and containers for ship-
ment shall be disregarded in determining whether a good 
is an originating good. 
(k) INDIRECT MATERIALS.—An indirect material 
shall be treated as an originating material without regard 
to where it is produced. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(A) in the case of textile or apparel goods, 
10 percent of the adjusted value of the set; or 
(B) in the case of a good, other than a tex-
tile or apparel good, 15 percent of the adjusted 
value of the set. 
(n) DEFINITIONS.—In this section: 
(1) ADJUSTED
VALUE.—The term ‘‘adjusted 
value’’ means the value determined in accordance 
with Articles 1 through 8, Article 15, and the cor-
responding interpretive notes, of the Agreement on 
Implementation of Article VII of the General Agree-
ment on Tariffs and Trade 1994 referred to in sec-
tion 101(d)(8) of the Uruguay Round Agreements 
Act (19 U.S.C. 3511(d)(8)), adjusted, if necessary, 
to exclude any costs, charges, or expenses incurred 
for transportation, insurance, and related services 
incident to the international shipment of the mer-
chandise from the country of exportation to the 
place of importation. 
(2) CLASS
OF
MOTOR
VEHICLES.—The term 
‘‘class of motor vehicles’’ means any one of the fol-
lowing categories of motor vehicles: 
(A) Motor vehicles provided for in sub-
heading 8701.20, 8704.10, 8704.22, 8704.23, 
8704.32, or 8704.90, or heading 8705 or 8706, 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
or motor vehicles for the transport of 16 or 
more persons provided for in subheading 
8702.10 or 8702.90. 
(B) Motor vehicles provided for in sub-
heading 
8701.10 
or 
any 
of 
subheadings 
8701.30 through 8701.90. 
(C) Motor vehicles for the transport of 15 
or fewer persons provided for in subheading 
8702.10 or 8702.90, or motor vehicles provided 
for in subheading 8704.21 or 8704.31. 
(D) Motor vehicles provided for in any of 
subheadings 8703.21 through 8703.90. 
(3) FUNGIBLE
GOOD
OR
FUNGIBLE
MATE-
RIAL.—The term ‘‘fungible good’’ or ‘‘fungible mate-
rial’’ means a good or material, as the case may be, 
that is interchangeable with another good or mate-
rial for commercial purposes and the properties of 
which are essentially identical to such other good or 
material. 
(4) GENERALLY ACCEPTED ACCOUNTING PRIN-
CIPLES.—The term ‘‘generally accepted accounting 
principles’’ means the recognized consensus or sub-
stantial authoritative support in the territory of 
Peru or the United States, as the case may be, with 
respect to the recording of revenues, expenses, costs, 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
assets, and liabilities, the disclosure of information, 
and the preparation of financial statements. The 
principles may encompass broad guidelines of gen-
eral application as well as detailed standards, prac-
tices, and procedures. 
(5) GOOD WHOLLY OBTAINED OR PRODUCED 
ENTIRELY
IN
THE
TERRITORY
OF
PERU, THE 
UNITED STATES, OR BOTH.—The term ‘‘good wholly 
obtained or produced entirely in the territory of 
Peru, the United States, or both’’ means any of the 
following: 
(A) Plants and plant products harvested or 
gathered in the territory of Peru, the United 
States, or both. 
(B) Live animals born and raised in the 
territory of Peru, the United States, or both. 
(C) Goods obtained in the territory of 
Peru, the United States, or both from live ani-
mals. 
(D) Goods obtained from hunting, trap-
ping, fishing, or aquaculture conducted in the 
territory of Peru, the United States, or both. 
(E) Minerals and other natural resources 
not included in subparagraphs (A) through (D) 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
that are extracted or taken from the territory 
of Peru, the United States, or both. 
(F) Fish, shellfish, and other marine life 
taken from the sea, seabed, or subsoil outside 
the territory of Peru or the United States by— 
(i) a vessel that is registered or re-
corded with Peru and flying the flag of 
Peru; or 
(ii) a vessel that is documented under 
the laws of the United States. 
(G) Goods produced on board a factory 
ship from goods referred to in subparagraph 
(F), if such factory ship— 
(i) is registered or recorded with Peru 
and flies the flag of Peru; or 
(ii) is a vessel that is documented 
under the laws of the United States. 
(H)(i) Goods taken by Peru or a person of 
Peru from the seabed or subsoil outside the ter-
ritorial waters of Peru, if Peru has rights to ex-
ploit such seabed or subsoil. 
(ii) Goods taken by the United States or a 
person of the United States from the seabed or 
subsoil outside the territorial waters of the 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
United States, if the United States has rights 
to exploit such seabed or subsoil. 
(I) Goods taken from outer space, if the 
goods are obtained by Peru or the United 
States or a person of Peru or the United States 
and not processed in the territory of a country 
other than Peru or the United States. 
(J) Waste and scrap derived from— 
(i) manufacturing or processing oper-
ations in the territory of Peru, the United 
States, or both; or 
(ii) used goods collected in the terri-
tory of Peru, the United States, or both, if 
such goods are fit only for the recovery of 
raw materials. 
(K) Recovered goods derived in the terri-
tory of Peru, the United States, or both, from 
used goods, and used in the territory of Peru, 
the United States, or both, in the production of 
remanufactured goods. 
(L) Goods, at any stage of production, pro-
duced in the territory of Peru, the United 
States, or both, exclusively from— 
(i) goods referred to in any of sub-
paragraphs (A) through (J), or 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(ii) the derivatives of goods referred 
to in clause (i). 
(6) IDENTICAL
GOODS.—The term ‘‘identical 
goods’’ means goods that are the same in all re-
spects relevant to the rule of origin that qualifies the 
goods as originating goods. 
(7) INDIRECT MATERIAL.—The term ‘‘indirect 
material’’ means a good used in the production, test-
ing, or inspection of another good but not physically 
incorporated into that other good, or a good used in 
the maintenance of buildings or the operation of 
equipment associated with the production of another 
good, including— 
(A) fuel and energy; 
(B) tools, dies, and molds; 
(C) spare parts and materials used in the 
maintenance of equipment or buildings; 
(D) lubricants, greases, compounding ma-
terials, and other materials used in production 
or used to operate equipment or buildings; 
(E) gloves, glasses, footwear, clothing, 
safety equipment, and supplies; 
(F) equipment, devices, and supplies used 
for testing or inspecting the good; 
(G) catalysts and solvents; and 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(H) any other goods that are not incor-
porated into the other good but the use of 
which in the production of the other good can 
reasonably be demonstrated to be a part of that 
production. 
(8) MATERIAL.—The term ‘‘material’’ means a 
good that is used in the production of another good, 
including a part or an ingredient. 
(9) MATERIAL THAT IS SELF-PRODUCED.—The 
term ‘‘material that is self-produced’’ means an orig-
inating material that is produced by a producer of 
a good and used in the production of that good. 
(10) MODEL LINE OF MOTOR VEHICLES.—The 
term ‘‘model line of motor vehicles’’ means a group 
of motor vehicles having the same platform or model 
name. 
(11) NET COST.—The term ‘‘net cost’’ means 
total cost minus sales promotion, marketing, and 
after-sales service costs, royalties, shipping and 
packing costs, and non-allowable interest costs that 
are included in the total cost. 
(12) NONALLOWABLE INTEREST COSTS.—The 
term ‘‘nonallowable interest costs’’ means interest 
costs incurred by a producer that exceed 700 basis 
points above the applicable official interest rate for 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
comparable maturities of the country in which the 
producer is located. 
(13) NONORIGINATING
GOOD
OR
NONORIGI-
NATING
MATERIAL.—The terms ‘‘nonoriginating 
good’’ and ‘‘nonoriginating material’’ mean a good 
or material, as the case may be, that does not qual-
ify as originating under this section. 
(14) PACKING
MATERIALS
AND
CONTAINERS 
FOR SHIPMENT.—The term ‘‘packing materials and 
containers for shipment’’ means goods used to pro-
tect another good during its transportation and does 
not include the packaging materials and containers 
in which the other good is packaged for retail sale. 
(15) PREFERENTIAL
TARIFF
TREATMENT.— 
The term ‘‘preferential tariff treatment’’ means the 
customs duty rate, and the treatment under article 
2.10.4 of the Agreement, that are applicable to an 
originating good pursuant to the Agreement. 
(16) PRODUCER.—The term ‘‘producer’’ means 
a person who engages in the production of a good 
in the territory of Peru or the United States. 
(17) PRODUCTION.—The term ‘‘production’’ 
means growing, mining, harvesting, fishing, raising, 
trapping, hunting, manufacturing, processing, as-
sembling, or disassembling a good. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(18) REASONABLY ALLOCATE.—The term ‘‘rea-
sonably allocate’’ means to apportion in a manner 
that would be appropriate under generally accepted 
accounting principles. 
(19) RECOVERED
GOODS.—The term ‘‘recov-
ered goods’’ means materials in the form of indi-
vidual parts that are the result of— 
(A) the disassembly of used goods into in-
dividual parts; and 
(B) the cleaning, inspecting, testing, or 
other processing that is necessary for improve-
ment to sound working condition of such indi-
vidual parts. 
(20) REMANUFACTURED GOOD.—The term ‘‘re-
manufactured good’’ means an industrial good as-
sembled in the territory of Peru or the United 
States, or both, that is classified under chapter 84, 
85, 87, or 90 or heading 9402, other than a good 
classified under heading 8418 or 8516, and that— 
(A) is entirely or partially comprised of re-
covered goods; and 
(B) has a similar life expectancy and en-
joys a factory warranty similar to such a good 
that is new. 
(21) TOTAL COST.— 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(A) 
IN
GENERAL.—The 
term 
‘‘total 
cost’’— 
(i) means all product costs, period 
costs, and other costs for a good incurred 
in the territory of Peru, the United States, 
or both; and 
(ii) does not include profits that are 
earned by the producer, regardless of 
whether they are retained by the producer 
or paid out to other persons as dividends, 
or taxes paid on those profits, including 
capital gains taxes. 
(B) OTHER DEFINITIONS.—In this para-
graph: 
(i) 
PRODUCT
COSTS.—The 
term 
‘‘product costs’’ means costs that are asso-
ciated with the production of a good and 
include the value of materials, direct labor 
costs, and direct overhead. 
(ii) PERIOD COSTS.—The term ‘‘pe-
riod costs’’ means costs, other than prod-
uct costs, that are expensed in the period 
in which they are incurred, such as selling 
expenses and general and administrative 
expenses. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(iii) OTHER COSTS.—The term ‘‘other 
costs’’ means all costs recorded on the 
books of the producer that are not product 
costs or period costs, such as interest. 
(22) USED.—The term ‘‘used’’ means utilized 
or consumed in the production of goods. 
(o) PRESIDENTIAL PROCLAMATION AUTHORITY.— 
(1) IN GENERAL.—The President is authorized 
to proclaim, as part of the HTS— 
(A) the provisions set forth in Annex 3–A 
and Annex 4.1 of the Agreement; and 
(B) any additional subordinate category 
that is necessary to carry out this title con-
sistent with the Agreement. 
(2) FABRICS AND YARNS NOT AVAILABLE IN 
COMMERCIAL
QUANTITIES
IN
THE
UNITED 
STATES.—The President is authorized to proclaim 
that a fabric or yarn is added to the list in Annex 
3–B of the Agreement in an unrestricted quantity, 
as provided in article 3.3.5(e) of the Agreement. 
(3) MODIFICATIONS.— 
(A) IN GENERAL.—Subject to the consulta-
tion and layover provisions of section 104, the 
President may proclaim modifications to the 
provisions proclaimed under the authority of 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
paragraph (1)(A), other than provisions of 
chapters 50 through 63 (as included in Annex 
3–A of the Agreement). 
(B) ADDITIONAL
PROCLAMATIONS.—Not-
withstanding subparagraph (A), and subject to 
the consultation and layover provisions of sec-
tion 104, the President may proclaim before the 
end of the 1-year period beginning on the date 
of the enactment of this Act, modifications to 
correct any typographical, clerical, or other non-
substantive technical error regarding the provi-
sions of chapters 50 through 63 (as included in 
Annex 3–A of the Agreement). 
(4) FABRICS, YARNS, OR FIBERS NOT AVAIL-
ABLE
IN
COMMERCIAL
QUANTITIES
IN
PERU
AND 
THE UNITED STATES.— 
(A) IN GENERAL.—Notwithstanding para-
graph (3)(A), the list of fabrics, yarns, and fi-
bers set forth in Annex 3–B of the Agreement 
may be modified as provided for in this para-
graph. 
(B) DEFINITIONS.—In this paragraph: 
(i) The term ‘‘interested entity’’ 
means the Government of Peru, a potential 
or actual purchaser of a textile or apparel 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
good, or a potential or actual supplier of a 
textile or apparel good. 
(ii) All references to ‘‘day’’ and 
‘‘days’’ exclude Saturdays, Sundays, and 
legal holidays observed by the Government 
of the United States. 
(C) REQUESTS TO ADD FABRICS, YARNS, 
OR FIBERS.—(i) An interested entity may re-
quest the President to determine that a fabric, 
yarn, or fiber is not available in commercial 
quantities in a timely manner in Peru and the 
United States and to add that fabric, yarn, or 
fiber to the list in Annex 3–B of the Agreement 
in a restricted or unrestricted quantity. 
(ii) After receiving a request under clause 
(i), the President may determine whether— 
(I) the fabric, yarn, or fiber is avail-
able in commercial quantities in a timely 
manner in Peru or the United States; or 
(II) any interested entity objects to 
the request. 
(iii) The President may, within the time 
periods specified in clause (iv), proclaim that 
the fabric, yarn, or fiber that is the subject of 
the request is added to the list in Annex 3–B 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
of the Agreement in an unrestricted quantity, 
or in any restricted quantity that the President 
may establish, if the President has determined 
under clause (ii) that— 
(I) the fabric, yarn, or fiber is not 
available in commercial quantities in a 
timely manner in Peru and the United 
States; or 
(II) no interested entity has objected 
to the request. 
(iv) The time periods within which the 
President may issue a proclamation under 
clause (iii) are— 
(I) not later than 30 days after the 
date on which a request is submitted under 
clause (i); or 
(II) not later than 44 days after the 
request is submitted, if the President de-
termines, within 30 days after the date on 
which the request is submitted, that the 
President does not have sufficient informa-
tion to make a determination under clause 
(ii). 
(v) Notwithstanding section 103(a)(2), a 
proclamation made under clause (iii) shall take 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
effect on the date on which the text of the proc-
lamation is published in the Federal Register. 
(vi) Not later than 6 months after pro-
claiming under clause (iii) that a fabric, yarn, 
or fiber is added to the list in Annex 3–B of the 
Agreement in a restricted quantity, the Presi-
dent may eliminate the restriction if the Presi-
dent determines that the fabric, yarn, or fiber 
is not available in commercial quantities in a 
timely manner in Peru and the United States. 
(D) DEEMED APPROVAL OF REQUEST.—If, 
after an interested entity submits a request 
under subparagraph (C)(i), the President does 
not, within the applicable time period specified 
in subparagraph (C)(iv), make a determination 
under subparagraph (C)(ii) regarding the re-
quest, the fabric, yarn, or fiber that is the sub-
ject of the request shall be considered to be 
added, in an unrestricted quantity, to the list in 
Annex 3–B of the Agreement beginning— 
(i) 45 days after the date on which 
the request was submitted; or 
(ii) 60 days after the date on which 
the request was submitted, if the President 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
made a determination under subparagraph 
(C)(iv)(II). 
(E) REQUESTS TO RESTRICT OR REMOVE 
FABRICS, YARNS, OR
FIBERS.—(i) Subject to 
clause (ii), an interested entity may request the 
President to restrict the quantity of, or remove 
from the list in Annex 3–B of the Agreement, 
any fabric, yarn, or fiber— 
(I) that has been added to that list in 
an unrestricted quantity pursuant to para-
graph (2) or subparagraph (C)(iii) or (D) 
of this paragraph; or 
(II) with respect to which the Presi-
dent has eliminated a restriction under 
subparagraph (C)(vi). 
(ii) An interested entity may submit a re-
quest under clause (i) at any time beginning 6 
months after the date of the action described in 
subclause (I) or (II) of that clause. 
(iii) Not later than 30 days after the date 
on which a request under clause (i) is sub-
mitted, the President may proclaim an action 
provided for under clause (i) if the President 
determines that the fabric, yarn, or fiber that 
is the subject of the request is available in com-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
mercial quantities in a timely manner in Peru 
or the United States. 
(iv) A proclamation under clause (iii) shall 
take effect no earlier than the date that is 6 
months after the date on which the text of the 
proclamation is published in the Federal Reg-
ister. 
(F) PROCEDURES.—The President shall 
establish procedures— 
(i) governing the submission of a re-
quest under subparagraphs (C) and (E); 
and 
(ii) providing an opportunity for inter-
ested entities to submit comments and sup-
porting evidence before the President 
makes a determination under subpara-
graph (C) (ii) or (vi) or (E)(iii). 
SEC. 204. CUSTOMS USER FEES. 
Section 13031(b) of the Consolidated Omnibus Budg-
et Reconciliation Act of 1985 (19 U.S.C. 58c(b)) is 
amended by adding after paragraph (17) the following: 
‘‘(18) No fee may be charged under subsection (a) 
(9) or (10) with respect to goods that qualify as origi-
nating goods under section 203 of the United States-Peru 
Trade Promotion Agreement Implementation Act. Any 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
service for which an exemption from such fee is provided 
by reason of this paragraph may not be funded with 
money contained in the Customs User Fee Account.’’. 
SEC. 205. DISCLOSURE OF INCORRECT INFORMATION; 
FALSE CERTIFICATIONS OF ORIGIN; DENIAL 
OF PREFERENTIAL TARIFF TREATMENT. 
(a) DISCLOSURE
OF INCORRECT INFORMATION.— 
Section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) 
is amended— 
(1) in subsection (c)— 
(A) by redesignating paragraph (10) as 
paragraph (11); and 
(B) by inserting after paragraph (9) the 
following new paragraph: 
‘‘(10) PRIOR DISCLOSURE REGARDING CLAIMS 
UNDER
THE
UNITED
STATES–PERU
TRADE
PRO-
MOTION
AGREEMENT.—An importer shall not be 
subject to penalties under subsection (a) for making 
an incorrect claim that a good qualifies as an origi-
nating good under section 203 of the United States- 
Peru Trade Promotion Agreement Implementation 
Act if the importer, in accordance with regulations 
issued by the Secretary of the Treasury, promptly 
and voluntarily makes a corrected declaration and 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
pays any duties owing with respect to that good.’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(i) FALSE CERTIFICATIONS OF ORIGIN UNDER THE 
UNITED
STATES-PERU
TRADE
PROMOTION
AGREE-
MENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
it is unlawful for any person to certify falsely, by 
fraud, gross negligence, or negligence, in a PTPA 
certification of origin (as defined in section 
508(h)(1)(B) of this Act) that a good exported from 
the United States qualifies as an originating good 
under the rules of origin provided for in section 203 
of the United States-Peru Trade Promotion Agree-
ment Implementation Act. The procedures and pen-
alties of this section that apply to a violation of sub-
section (a) also apply to a violation of this sub-
section. 
‘‘(2) PROMPT AND VOLUNTARY DISCLOSURE OF 
INCORRECT INFORMATION.—No penalty shall be im-
posed under this subsection if, promptly after an ex-
porter or producer that issued a PTPA certification 
of origin has reason to believe that such certification 
contains or is based on incorrect information, the ex-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
porter or producer voluntarily provides written no-
tice of such incorrect information to every person to 
whom the certification was issued. 
‘‘(3) EXCEPTION.—A person shall not be con-
sidered to have violated paragraph (1) if— 
‘‘(A) the information was correct at the 
time it was provided in a PTPA certification of 
origin but was later rendered incorrect due to 
a change in circumstances; and 
‘‘(B) the person promptly and voluntarily 
provides written notice of the change in cir-
cumstances to all persons to whom the person 
provided the certification.’’. 
(b) DENIAL
OF PREFERENTIAL TARIFF TREAT-
MENT.—Section 514 of the Tariff Act of 1930 (19 U.S.C. 
1514) is amended by adding at the end the following new 
subsection: 
‘‘(i) DENIAL OF PREFERENTIAL TARIFF TREATMENT 
UNDER THE UNITED STATES-PERU TRADE PROMOTION 
AGREEMENT.—If U.S. Customs and Border Protection or 
U.S. Immigration and Customs Enforcement of the De-
partment of Homeland Security finds indications of a pat-
tern of conduct by an importer, exporter, or producer of 
false or unsupported representations that goods qualify 
under the rules of origin provided for in section 203 of 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
the United States-Peru Trade Promotion Agreement Im-
plementation Act, U.S. Customs and Border Protection, 
in accordance with regulations issued by the Secretary of 
the Treasury, may suspend preferential tariff treatment 
under the United States-Peru Trade Promotion Agree-
ment to entries of identical goods covered by subsequent 
representations by that importer, exporter, or producer 
until U.S. Customs and Border Protection determines that 
representations of that person are in conformity with such 
section 203.’’. 
SEC. 206. RELIQUIDATION OF ENTRIES. 
Subsection (d) of section 520 of the Tariff Act of 
1930 (19 U.S.C. 1520(d)) is amended in the matter pre-
ceding paragraph (1)— 
(1) by striking ‘‘or’’; and 
(2) by striking ‘‘for which’’ and inserting ‘‘, or 
section 203 of the United States-Peru Trade Pro-
motion Agreement Implementation Act for which’’. 
SEC. 207. RECORDKEEPING REQUIREMENTS. 
Section 508 of the Tariff Act of 1930 (19 U.S.C. 
1508) is amended— 
(1) by redesignating subsection (h) as sub-
section (i); 
(2) by inserting after subsection (g) the fol-
lowing new subsection: 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
‘‘(h) CERTIFICATIONS OF ORIGIN FOR GOODS EX-
PORTED UNDER THE UNITED STATES-PERU TRADE PRO-
MOTION AGREEMENT.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) RECORDS
AND
SUPPORTING
DOCU-
MENTS.—The term ‘records and supporting 
documents’ means, with respect to an exported 
good under paragraph (2), records and docu-
ments related to the origin of the good, includ-
ing— 
‘‘(i) the purchase, cost, and value of, 
and payment for, the good; 
‘‘(ii) the purchase, cost, and value of, 
and payment for, all materials, including 
indirect materials, used in the production 
of the good; and 
‘‘(iii) the production of the good in 
the form in which it was exported. 
‘‘(B) PTPA CERTIFICATION OF ORIGIN.— 
The term ‘PTPA certification of origin’ means 
the certification established under article 4.15 
of the United States-Peru Trade Promotion 
Agreement that a good qualifies as an origi-
nating good under such Agreement. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
‘‘(2) EXPORTS
TO
PERU.—Any person who 
completes and issues a PTPA certification of origin 
for a good exported from the United States shall 
make, keep, and, pursuant to rules and regulations 
promulgated by the Secretary of the Treasury, 
render for examination and inspection all records 
and supporting documents related to the origin of 
the good (including the certification or copies there-
of). 
‘‘(3) RETENTION
PERIOD.—The person who 
issues a PTPA certification of origin shall keep the 
records and supporting documents relating to that 
certification of origin for a period of at least 5 years 
after the date on which the certification is issued.’’; 
and 
(3) in subsection (i), as so redesignated— 
(A) by striking ‘‘(f) or (g)’’ and inserting 
‘‘(f), (g), or (h)’’; and 
(B) by striking ‘‘either such subsection’’ 
and inserting ‘‘any such subsection’’. 
SEC. 208. ENFORCEMENT RELATING TO TRADE IN TEXTILE 
OR APPAREL GOODS. 
(a) ACTION DURING VERIFICATION.— 
(1) IN
GENERAL.—If the Secretary of the 
Treasury requests the Government of Peru to con-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
duct a verification pursuant to article 3.2 of the 
Agreement for purposes of making a determination 
under paragraph (2), the President may direct the 
Secretary to take appropriate action described in 
subsection (b) while the verification is being con-
ducted. 
(2) DETERMINATION.—A determination under 
this paragraph is a determination of the Secretary 
that— 
(A) an exporter or producer in Peru is 
complying with applicable customs laws, regula-
tions, and procedures regarding trade in textile 
or apparel goods; or 
(B) a claim that a textile or apparel good 
exported or produced by such exporter or pro-
ducer— 
(i) qualifies as an originating good 
under section 203, or 
(ii) is a good of Peru, 
is accurate. 
(b) APPROPRIATE ACTION DESCRIBED.—Appropriate 
action under subsection (a)(1) includes— 
(1) suspension of preferential tariff treatment 
under the Agreement with respect to— 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(A) any textile or apparel good exported or 
produced by the person that is the subject of a 
verification under subsection (a)(1) regarding 
compliance described in subsection (a)(2)(A), if 
the Secretary determines that there is insuffi-
cient information to support any claim for pref-
erential tariff treatment that has been made 
with respect to any such good; or 
(B) the textile or apparel good for which a 
claim of preferential tariff treatment has been 
made that is the subject of a verification under 
subsection (a)(1) regarding a claim described in 
subsection (a)(2)(B), if the Secretary deter-
mines that there is insufficient information to 
support that claim; 
(2) denial of preferential tariff treatment under 
the Agreement with respect to— 
(A) any textile or apparel good exported or 
produced by the person that is the subject of a 
verification under subsection (a)(1) regarding 
compliance described in subsection (a)(2)(A), if 
the Secretary determines that the person has 
provided incorrect information to support any 
claim for preferential tariff treatment that has 
been made with respect to any such good; or 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
support, or that a person has provided incorrect 
information to support, that claim; and 
(2) denial of entry into the United States of 
any textile or apparel good exported or produced by 
the person that is the subject of a verification under 
subsection (a)(1) regarding compliance described in 
subsection (a)(2)(A) or a claim described in sub-
section (a)(2)(B), if the Secretary determines that 
there is insufficient information to determine, or 
that the person has provided incorrect information 
as to, the country of origin of any such good. 
(e) PUBLICATION OF NAME OF PERSON.—In accord-
ance with article 3.2.6 of the Agreement, the Secretary 
may publish the name of any person that the Secretary 
has determined— 
(1) is engaged in circumvention of applicable 
laws, regulations, or procedures affecting trade in 
textile or apparel goods; or 
(2) has failed to demonstrate that it produces, 
or is capable of producing, textile or apparel goods. 
SEC. 209. REGULATIONS. 
The Secretary of the Treasury shall prescribe such 
regulations as may be necessary to carry out— 
(1) subsections (a) through (n) of section 203; 
(2) the amendment made by section 204; and 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(3) any proclamation issued under section 
203(o). 
TITLE III—RELIEF FROM 
IMPORTS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) PERUVIAN ARTICLE.—The term ‘‘Peruvian 
article’’ means an article that qualifies as an origi-
nating good under section 203(b). 
(2) PERUVIAN
TEXTILE
OR
APPAREL
ARTI-
CLE.—The term ‘‘Peruvian textile or apparel arti-
cle’’ means a textile or apparel good (as defined in 
section 3(4)) that is a Peruvian article. 
Subtitle A—Relief From Imports 
Benefiting From the Agreement 
SEC. 311. COMMENCING OF ACTION FOR RELIEF. 
(a) FILING OF PETITION.—A petition requesting ac-
tion under this subtitle for the purpose of adjusting to 
the obligations of the United States under the Agreement 
may be filed with the Commission by an entity, including 
a trade association, firm, certified or recognized union, or 
group of workers, that is representative of an industry. 
The Commission shall transmit a copy of any petition filed 
under this subsection to the United States Trade Rep-
resentative. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(b) INVESTIGATION
AND DETERMINATION.—Upon 
the filing of a petition under subsection (a), the Commis-
sion, unless subsection (d) applies, shall promptly initiate 
an investigation to determine whether, as a result of the 
reduction or elimination of a duty provided for under the 
Agreement, a Peruvian article is being imported into the 
United States in such increased quantities, in absolute 
terms or relative to domestic production, and under such 
conditions that imports of the Peruvian article constitute 
a substantial cause of serious injury or threat thereof to 
the domestic industry producing an article that is like, or 
directly competitive with, the imported article. 
(c) APPLICABLE PROVISIONS.—The following provi-
sions of section 202 of the Trade Act of 1974 (19 U.S.C. 
2252) apply with respect to any investigation initiated 
under subsection (b): 
(1) Paragraphs (1)(B) and (3) of subsection 
(b). 
(2) Subsection (c). 
(3) Subsection (i). 
(d) ARTICLES EXEMPT FROM INVESTIGATION.—No 
investigation may be initiated under this section with re-
spect to any Peruvian article if, after the date on which 
the Agreement enters into force, import relief has been 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
provided with respect to that Peruvian article under this 
subtitle. 
SEC. 312. COMMISSION ACTION ON PETITION. 
(a) DETERMINATION.—Not later than 120 days after 
the date on which an investigation is initiated under sec-
tion 311(b) with respect to a petition, the Commission 
shall make the determination required under that section. 
(b) APPLICABLE PROVISIONS.—For purposes of this 
subtitle, the provisions of paragraphs (1), (2), and (3) of 
section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d) (1), (2), and (3)) shall be applied with respect 
to determinations and findings made under this section 
as if such determinations and findings were made under 
section 202 of the Trade Act of 1974 (19 U.S.C. 2252). 
(c) ADDITIONAL FINDING AND RECOMMENDATION IF 
DETERMINATION AFFIRMATIVE.— 
(1) IN GENERAL.—If the determination made 
by the Commission under subsection (a) with respect 
to imports of an article is affirmative, or if the 
President may consider a determination of the Com-
mission to be an affirmative determination as pro-
vided for under paragraph (1) of section 330(d) of 
the Tariff Act of 1930 (19 U.S.C. 1330(d)), the 
Commission shall find, and recommend to the Presi-
dent in the report required under subsection (d), the 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
amount of import relief that is necessary to remedy 
or prevent the injury found by the Commission in 
the determination and to facilitate the efforts of the 
domestic industry to make a positive adjustment to 
import competition. 
(2) LIMITATION ON RELIEF.—The import relief 
recommended by the Commission under this sub-
section shall be limited to the relief described in sec-
tion 313(c). 
(3) VOTING; SEPARATE
VIEWS.—Only those 
members of the Commission who voted in the af-
firmative under subsection (a) are eligible to vote on 
the proposed action to remedy or prevent the injury 
found by the Commission. Members of the Commis-
sion who did not vote in the affirmative may submit, 
in the report required under subsection (d), separate 
views regarding what action, if any, should be taken 
to remedy or prevent the injury. 
(d) REPORT TO PRESIDENT.—Not later than the 
date that is 30 days after the date on which a determina-
tion is made under subsection (a) with respect to an inves-
tigation, the Commission shall submit to the President a 
report that includes— 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(1) the determination made under subsection 
(a) and an explanation of the basis for the deter-
mination; 
(2) if the determination under subsection (a) is 
affirmative, any findings and recommendations for 
import relief made under subsection (c) and an ex-
planation of the basis for each recommendation; and 
(3) any dissenting or separate views by mem-
bers of the Commission regarding the determination 
referred to in paragraph (1) and any finding or rec-
ommendation referred to in paragraph (2). 
(e) PUBLIC NOTICE.—Upon submitting a report to 
the President under subsection (d), the Commission shall 
promptly make public the report (with the exception of 
information which the Commission determines to be con-
fidential) and shall publish a summary of the report in 
the Federal Register. 
SEC. 313. PROVISION OF RELIEF. 
(a) IN GENERAL.—Not later than the date that is 
30 days after the date on which the President receives the 
report of the Commission in which the Commission’s de-
termination under section 312(a) is affirmative, or which 
contains a determination under section 312(a) that the 
President considers to be affirmative under paragraph (1) 
of section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
1330(d)(1)), the President, subject to subsection (b), shall 
provide relief from imports of the article that is the subject 
of such determination to the extent that the President de-
termines necessary to remedy or prevent the injury found 
by the Commission and to facilitate the efforts of the do-
mestic industry to make a positive adjustment to import 
competition. 
(b) EXCEPTION.—The President is not required to 
provide import relief under this section if the President 
determines that the provision of the import relief will not 
provide greater economic and social benefits than costs. 
(c) NATURE OF RELIEF.— 
(1) IN GENERAL.—The import relief that the 
President is authorized to provide under this section 
with respect to imports of an article is as follows: 
(A) The suspension of any further reduc-
tion provided for under Annex 2.3 of the Agree-
ment in the duty imposed on the article. 
(B) An increase in the rate of duty im-
posed on the article to a level that does not ex-
ceed the lesser of— 
(i) the column 1 general rate of duty 
imposed under the HTS on like articles at 
the time the import relief is provided; or 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(ii) the column 1 general rate of duty 
imposed under the HTS on like articles on 
the day before the date on which the 
Agreement enters into force. 
(2) PROGRESSIVE LIBERALIZATION.—If the pe-
riod for which import relief is provided under this 
section is greater than 1 year, the President shall 
provide for the progressive liberalization (described 
in article 8.2.2 of the Agreement) of such relief at 
regular intervals during the period of its application. 
(d) PERIOD OF RELIEF.— 
(1) IN GENERAL.—Subject to paragraph (2), 
any import relief that the President provides under 
this section may not be in effect for more than 2 
years. 
(2) EXTENSION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (C), the President, after receiving a de-
termination from the Commission under sub-
paragraph (B) that is affirmative, or which the 
President considers to be affirmative under 
paragraph (1) of section 330(d) of the Tariff 
Act of 1930 (19 U.S.C. 1330(d)(1)), may ex-
tend the effective period of any import relief 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
provided under this section by up to 2 years, if 
the President determines that— 
(i) the import relief continues to be 
necessary to remedy or prevent serious in-
jury and to facilitate adjustment by the do-
mestic industry to import competition; and 
(ii) there is evidence that the industry 
is making a positive adjustment to import 
competition. 
(B) ACTION BY COMMISSION.— 
(i) INVESTIGATION.—Upon a petition 
on behalf of the industry concerned that is 
filed with the Commission not earlier than 
the date that is 9 months, and not later 
than the date that is 6 months, before the 
date on which any action taken under sub-
section (a) is to terminate, the Commission 
shall conduct an investigation to determine 
whether action under this section continues 
to be necessary to remedy or prevent seri-
ous injury and whether there is evidence 
that the industry is making a positive ad-
justment to import competition. 
(ii) 
NOTICE
AND
HEARING.—The 
Commission shall publish notice of the 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
commencement of any proceeding under 
this subparagraph in the Federal Register 
and shall, within a reasonable time there-
after, hold a public hearing at which the 
Commission shall afford interested parties 
and consumers an opportunity to be 
present, to present evidence, and to re-
spond to the presentations of other parties 
and consumers, and otherwise to be heard. 
(iii) REPORT.—The Commission shall 
submit to the President a report on its in-
vestigation and determination under this 
subparagraph not later than 60 days be-
fore the action under subsection (a) is to 
terminate, unless the President specifies a 
different date. 
(C) PERIOD OF IMPORT RELIEF.—Any im-
port relief provided under this section, including 
any extensions thereof, may not, in the aggre-
gate, be in effect for more than 4 years. 
(e) RATE AFTER TERMINATION
OF IMPORT RE-
LIEF.—When import relief under this section is termi-
nated with respect to an article— 
(1) the rate of duty on that article after such 
termination and on or before December 31 of the 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
year in which such termination occurs shall be the 
rate that, according to the Schedule of the United 
States to Annex 2.3 of the Agreement, would have 
been in effect 1 year after the provision of relief 
under subsection (a); and 
(2) the rate of duty for that article after De-
cember 31 of the year in which such termination oc-
curs shall be, at the discretion of the President, ei-
ther— 
(A) the applicable rate of duty for that ar-
ticle set forth in the Schedule of the United 
States to Annex 2.3 of the Agreement; or 
(B) the rate of duty resulting from the 
elimination of the tariff in equal annual stages 
ending on the date set forth in the Schedule of 
the United States to Annex 2.3 of the Agree-
ment for the elimination of the tariff. 
(f) ARTICLES EXEMPT FROM RELIEF.—No import 
relief may be provided under this section on— 
(1) any article that is subject to import relief 
under— 
(A) subtitle B; or 
(B) chapter 1 of title II of the Trade Act 
of 1974 (19 U.S.C. 2251 et seq.); or 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(2) any article on which an additional duty as-
sessed under section 202(b) is in effect. 
SEC. 314. TERMINATION OF RELIEF AUTHORITY. 
(a) GENERAL RULE.—Subject to subsection (b), no 
import relief may be provided under this subtitle after the 
date that is 10 years after the date on which the Agree-
ment enters into force. 
(b) EXCEPTION.—If an article for which relief is pro-
vided under this subtitle is an article for which the period 
for tariff elimination, set forth in the Schedule of the 
United States to Annex 2.3 of the Agreement, is greater 
than 10 years, no relief under this subtitle may be pro-
vided for that article after the date on which that period 
ends. 
SEC. 315. 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 section 313 shall be treated as action taken 
under chapter 1 of title II of such Act (19 U.S.C. 2251 
et seq.). 
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION. 
Section 202(a)(8) of the Trade Act of 1974 (19 
U.S.C. 2252(a)(8)) is amended in the first sentence— 
(1) by striking ‘‘and’’; and 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(2) by inserting before the period at the end ‘‘, 
and title III of the United States-Peru Trade Pro-
motion Agreement Implementation Act’’. 
Subtitle B—Textile and Apparel 
Safeguard Measures 
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF. 
(a) IN GENERAL.—A request for action under this 
subtitle for the purpose of adjusting to the obligations of 
the United States under the Agreement may be filed with 
the President by an interested party. Upon the filing of 
a request, the President shall review the request to deter-
mine, from information presented in the request, whether 
to commence consideration of the request. 
(b) PUBLICATION OF REQUEST.—If the President de-
termines that the request under subsection (a) provides 
the information necessary for the request to be considered, 
the President shall publish in the Federal Register a no-
tice of commencement of consideration of the request, and 
notice seeking public comments regarding the request. The 
notice shall include a summary of the request and the 
dates by which comments and rebuttals must be received. 
SEC. 322. DETERMINATION AND PROVISION OF RELIEF. 
(a) DETERMINATION.— 
(1) IN GENERAL.—If a positive determination is 
made under section 321(b), the President shall de-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
termine whether, as a result of the elimination of a 
duty under the Agreement, a Peruvian textile or ap-
parel article is being imported into the United States 
in such increased quantities, in absolute terms or 
relative to the domestic market for that article, and 
under such conditions as to cause serious damage, 
or actual threat thereof, to a domestic industry pro-
ducing 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 losses, 
and investment, no one of which is necessarily 
decisive; and 
(B) shall not consider changes in consumer 
preference or changes in technology in the 
United States as factors supporting a deter-
mination of serious damage or actual threat 
thereof. 
(b) PROVISION OF RELIEF.— 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(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), the im-
port relief that the President provides under section 
322(b) may not be in effect for more than 2 years. 
(b) EXTENSION.— 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(1) IN GENERAL.—Subject to paragraph (2), 
the President may extend the effective period of any 
import relief provided under this subtitle for a pe-
riod of not more than 1 year, if the President deter-
mines that— 
(A) the import relief continues to be nec-
essary to remedy or prevent serious damage 
and to facilitate adjustment by the domestic in-
dustry to import competition; and 
(B) there is evidence that the industry is 
making a positive adjustment to import com-
petition. 
(2) LIMITATION.—Any relief provided under 
this subtitle, including any extensions thereof, may 
not, in the aggregate, be in effect for more than 3 
years. 
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 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(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 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
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 GOODS OF PERU. 
(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), the Commission shall also find (and report to 
the President at the time such injury determination is sub-
mitted to the President) whether imports of the article of 
Peru that qualify as originating goods under section 
203(b) are a substantial cause of serious injury or threat 
thereof. 
(b) PRESIDENTIAL DETERMINATION REGARDING IM-
PORTS OF PERU.—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 goods of Peru with respect 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
to which the Commission has made a negative finding 
under subsection (a). 
TITLE IV—PROCUREMENT 
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 (v); 
(2) by striking the period at the end of clause 
(vi) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(vii) a party to the United States- 
Peru Trade Promotion Agreement, a prod-
uct or service of that country or instru-
mentality which is covered under that 
agreement for procurement by the United 
States.’’. 
TITLE V—TRADE IN TIMBER 
PRODUCTS OF PERU 
SEC. 501. ENFORCEMENT RELATING TO TRADE IN TIMBER 
PRODUCTS OF PERU. 
(a) 
ESTABLISHMENT
OF
INTERAGENCY
COM-
MITTEE.—Not later than 90 days after the date on which 
the Agreement enters into force, the President shall estab-
lish an Interagency Committee (in this section referred to 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
as the ‘‘Committee’’). The Committee shall be responsible 
for overseeing the implementation of Annex 18.3.4 of the 
Agreement, including by undertaking such actions and 
making such determinations provided for in this section 
that are not otherwise authorized under law. 
(b) AUDIT.—The Committee may request that the 
Government of Peru conduct an audit, pursuant to para-
graph 6(b) of Annex 18.3.4 of the Agreement, to deter-
mine whether a particular producer or exporter in Peru 
is complying with all applicable laws, regulations, and 
other measures of Peru governing the harvest of, and 
trade in, timber products. 
(c) VERIFICATION.— 
(1) IN GENERAL.—The Committee may request 
the Government of Peru to conduct a verification, 
pursuant to paragraph 7 of Annex 18.3.4 of the 
Agreement, for the purpose of determining whether, 
with respect to a particular shipment of timber prod-
ucts from Peru to the United States, the producer 
or exporter of the products has complied with appli-
cable laws, regulations, and other measures of Peru 
governing the harvest of, and trade in, the products. 
(2) ACTIONS
OF
COMMITTEE.—If the Com-
mittee requests a verification under paragraph (1), 
the Committee shall— 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(A) to the extent authorized under law, 
provide the Government of Peru with trade and 
transit documents and other information to as-
sist Peru in conducting the verification; and 
(B) direct U.S. Customs and Border Pro-
tection to take any appropriate action described 
in paragraph (4). 
(3) 
REQUEST
TO
PARTICIPATE
IN 
VERIFICATION VISIT.—The Committee may request 
the Government of Peru to permit officials of any 
agency represented on the Committee to participate 
in any visit conducted by Peru of the premises of a 
person that is the subject of the verification re-
quested under paragraph (1) (in this section referred 
to as a ‘‘verification visit’’). Such request shall be 
submitted in writing not later than 10 days before 
any scheduled verification visit and shall identify the 
names and titles of the officials intending to partici-
pate. 
(4) APPROPRIATE ACTION PENDING THE RE-
SULTS OF VERIFICATION.—While the results of a 
verification requested under paragraph (1) are pend-
ing, the Committee may direct U.S. Customs and 
Border Protection to— 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
(A) detain the shipment that is the subject 
of the verification; or 
(B) if the Committee has requested under 
paragraph (3) to have an official of any agency 
represented on the Committee participate in the 
verification visit and the Government of Peru 
has denied the request, deny entry to the ship-
ment that is the subject of the verification. 
(5) DETERMINATION
UPON
RECEIPT
OF
RE-
PORT.— 
(A) IN
GENERAL.—Within a reasonable 
time after the Government of Peru provides a 
report to the Committee describing the results 
of a verification requested under paragraph (1), 
the Committee shall determine whether any ac-
tion is appropriate. 
(B) DETERMINATION OF APPROPRIATE AC-
TION.—In determining the appropriate action 
to take and the duration of the action, the 
Committee shall consider any relevant factors, 
including— 
(i) the verification report issued by 
the Government of Peru; 
(ii) any information that officials of 
the United States have obtained regarding 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
the shipment or person that is the subject 
of the verification; and 
(iii) any information that officials of 
the United States have obtained during a 
verification visit. 
(6) NOTIFICATION.—Before directing that ac-
tion be taken under paragraph (7), the Committee 
shall notify the Government of Peru in writing of 
the action that will be taken and the duration of the 
action. 
(7) APPROPRIATE ACTION.—If the Committee 
makes an affirmative determination under para-
graph (5), it may take any action with respect to the 
shipment that was the subject of the verification, or 
the products of the relevant producer or exporter, 
that the Committee considers appropriate, including 
directing U.S. Customs and Border Protection to— 
(A) deny entry to the shipment; 
(B) if a determination has been made that 
a producer or exporter has knowingly provided 
false information to officials of Peru or the 
United States regarding a shipment, deny entry 
to products of that producer or exporter derived 
from any tree species listed in Appendices to 
the Convention on International Trade in En-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
dangered Species of Wild Fauna and Flora, 
done at Washington March 3, 1973 (27 UST 
1087; TIAS 8249); or 
(C) take any other action the Committee 
determines to be appropriate. 
(8) TERMINATION OF APPROPRIATE ACTION.— 
Any action under paragraph (7)(B) shall terminate 
not later than the later of— 
(A) the end of the period specified in the 
written notification pursuant to paragraph (6); 
or 
(B) 15 days after the date on which the 
Government of Peru submits to the United 
States the results of an audit under paragraph 
6 of Annex 18.3.4 of the Agreement that con-
cludes that the person has complied with all ap-
plicable laws, regulations, and other measures 
of Peru governing the harvest of, and trade in, 
timber products. 
(9) FAILURE
TO
PROVIDE
VERIFICATION
RE-
PORT.—If the Committee determines that the Gov-
ernment of Peru has failed to provide a verification 
report, as required by paragraph 12 of Annex 18.3.4 
of the Agreement, the Committee may take such ac-
tion with respect to the relevant exporter’s timber 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
products as the Committee considers appropriate, in-
cluding any action described in paragraph (7). 
(d) CONFIDENTIALITY OF INFORMATION.—The Com-
mittee and any agency represented on the Committee shall 
not disclose to the public, except with the specific permis-
sion of the Government of Peru, any documents or infor-
mation received in the course of an audit under subsection 
(b) or in the course of a verification under subsection (c). 
(e) PUBLICLY AVAILABLE INFORMATION.—The Com-
mittee shall make any information exchanged with Peru 
under paragraph 17 of Annex 18.3.4 of the Agreement 
publicly available in a timely manner, in accordance with 
paragraph 18 of Annex 18.3.4 of the Agreement. 
(f) COORDINATION WITH OTHER LAWS.— 
(1) ENDANGERED SPECIES ACT; LACEY ACT.— 
In implementing this section, the Secretary of Agri-
culture, the Secretary of the Interior, the Secretary 
of Homeland Security, and the Secretary of the 
Treasury shall provide for appropriate coordination 
with the administration of the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.) and the Lacey 
Act Amendments of 1981 (16 U.S.C. 3371 et seq.). 
(2) OTHER LAWS.—Nothing in this section su-
persedes or limits in any manner the functions or 
authority of the Secretary of Agriculture, the Sec-
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
retary of the Interior, the Secretary of Homeland 
Security, or the Secretary of the Treasury under any 
other law, including laws relating to prohibited or 
restricted importations or possession of animals, 
plants, or other articles. 
(3) EFFECT
OF
DETERMINATION.—No deter-
mination under this section shall preclude any pro-
ceeding or be considered determinative of any issue 
of fact or law in any proceeding under any law ad-
ministered by the Secretary of Agriculture, the Sec-
retary of the Interior, the Secretary of Homeland 
Security, or the Secretary of the Treasury. 
(g) FURTHER IMPLEMENTATION.—The Secretary of 
Agriculture, the Secretary of the Interior, the Secretary 
of Homeland Security, and the Secretary of the Treasury, 
in consultation with the Committee, shall prescribe such 
regulations as are necessary to carry out this section. 
(h) RESOURCES FOR IMPLEMENTATION.—Not later 
than 90 days after the date on which the Agreement en-
ters into force, and as appropriate thereafter, the Presi-
dent shall consult with the Committee on Finance of the 
Senate and the Committee on Ways and Means of the 
House of Representatives on the resources, including 
staffing, needed to implement Annex 18.3.4 of the Agree-
ment. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
SEC. 502. REPORT TO CONGRESS. 
(a) IN GENERAL.—The United States Trade Rep-
resentative, in consultation with the appropriate agencies, 
including U.S. Customs and Border Protection, the 
United States Fish and Wildlife Service, the Animal and 
Plant Health Inspection Service, the Forest Service, and 
the Department of State, shall report to the Committee 
on Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives on— 
(1) steps the United States and Peru have 
taken to carry out Annex 18.3.4 of the Agreement; 
and 
(2) activities related to forest sector governance 
carried out under the Environmental Cooperation 
Agreement entered into between the United States 
and Peru on July 24, 2006. 
(b) TIMING OF REPORT.—The United States Trade 
Representative shall report to the Committee on Finance 
of the Senate and the Committee on Ways and Means of 
the House of Representatives under subsection (a)— 
(1) not later than 1 year after the date on 
which the Agreement enters into force; 
(2) not later than 2 years after the date on 
which the Agreement enters into force; and 
(3) periodically thereafter. 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS
TITLE VI—OFFSETS 
SEC. 601. CUSTOMS USER FEES. 
(a) Section 13031(j)(3)(A) of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(j)(3)(A)) is amended by striking ‘‘October 21, 2014’’ 
and inserting ‘‘December 13, 2014’’. 
(b) Section 13031(j)(3)(B)(i) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(j)(3)(B)(i)) is amended by striking ‘‘October 7, 2014’’ 
and inserting ‘‘December 13, 2014’’. 
SEC. 602. TIME FOR PAYMENT OF CORPORATE ESTIMATED 
TAXES. 
Subparagraph (B) of section 401(1) of the Tax In-
crease Prevention and Reconciliation Act of 2005 (26 
U.S.C. 6655 note) is amended by striking ‘‘115 percent’’ 
and inserting ‘‘115.75 percent’’. 
Æ 
VerDate Aug 31 2005 
04:49 Sep 28, 2007
Jkt 059200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6301
E:\BILLS\H3688.IH
H3688
bajohnson on PROD1PC69 with BILLS