(16) PRODUCER.—The term ‘‘producer’’ means 
a person who engages in the production of a good 
in the territory of Colombia 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. 
(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 Colombia or the United 
States, or both, that is classified under chapter 84, 
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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.— 
(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 Colombia, 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 
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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. 
(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 
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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 
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
COLOMBIA 
AND THE UNITED STATES.— 
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(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 Colombia, a po-
tential or actual purchaser of a textile or 
apparel good, or a potential or actual sup-
plier 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 Colombia and 
the United States and to add that fabric, yarn, 
or fiber to the list in Annex 3–B of the Agree-
ment in a restricted or unrestricted quantity. 
(ii) After receiving a request under clause 
(i), the President may determine whether— 
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(I) the fabric, yarn, or fiber is avail-
able in commercial quantities in a timely 
manner in Colombia 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 
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 Colombia 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— 
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(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 
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 Colombia and the United 
States. 
(D) DEEMED APPROVAL OF REQUEST.—If, 
after an interested entity submits a request 
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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 
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 
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(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-
mercial quantities in a timely manner in Colom-
bia 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 
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(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. 
(a) IN GENERAL.—Section 13031(b) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(b)) is amended by adding after paragraph 
(18), the following: 
‘‘(19) No fee may be charged under subsection 
(a)(9) or (10) with respect to goods that qualify as 
originating goods under section 203 of the United 
States-Colombia Trade Promotion Agreement Imple-
mentation Act. Any service for which an exemption 
from such fee is provided by reason of this para-
graph may not be funded with money contained in 
the Customs User Fee Account.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2013. 
(c) REFUND.—Any fee described in paragraph (19) 
of section 13031(b) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(b)) (as added 
by subsection (a)) that is paid on or after the date that 
the United States-Colombia Trade Promotion Agreement 
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enters into force and before October 1, 2013, shall be re-
funded with interest if application for such refund is made 
on or after October 1, 2013, and before July 1, 2014. 
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 (11) as 
paragraph (12); and 
(B) by inserting after paragraph (10) the 
following new paragraph: 
‘‘(11) PRIOR DISCLOSURE REGARDING CLAIMS 
UNDER THE UNITED STATES-COLOMBIA 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- 
Colombia Trade Promotion Agreement Implementa-
tion Act if the importer, in accordance with regula-
tions issued by the Secretary of the Treasury, 
promptly and voluntarily makes a corrected declara-
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tion and pays any duties owing with respect to that 
good.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(j) FALSE CERTIFICATIONS OF ORIGIN UNDER THE 
UNITED STATES-COLOMBIA 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 CTPA 
certification of origin (as defined in section 
508(i)(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-Colombia Trade Promotion 
Agreement Implementation Act. The procedures and 
penalties of this section that apply to a violation of 
subsection (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 CTPA certification 
of origin has reason to believe that such certification 
contains or is based on incorrect information, the ex-
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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 CTPA 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: 
‘‘(j) DENIAL
OF PREFERENTIAL TARIFF TREAT-
MENT UNDER THE UNITED STATES-COLOMBIA TRADE 
PROMOTION AGREEMENT.—If U.S. Customs and Border 
Protection or U.S. Immigration and Customs Enforce-
ment of the Department of Homeland Security finds indi-
cations of a pattern of conduct by an importer, exporter, 
or producer of false or unsupported representations that 
goods qualify under the rules of origin provided for in sec-
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tion 203 of the United States-Colombia Trade Promotion 
Agreement Implementation 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-Colombia Trade Pro-
motion Agreement to entries of identical goods covered by 
subsequent representations by that importer, exporter, or 
producer until U.S. Customs and Border Protection deter-
mines that representations of that person are in con-
formity 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-Colombia Trade 
Promotion 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 (i) as subsection 
(j); 
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(2) by inserting after subsection (h) the fol-
lowing new subsection: 
‘‘(i) CERTIFICATIONS OF ORIGIN FOR GOODS EX-
PORTED UNDER THE UNITED STATES-COLOMBIA TRADE 
PROMOTION 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) CTPA CERTIFICATION OF ORIGIN.— 
The term ‘CTPA certification of origin’ means 
the certification established under article 4.15 
of the United States-Colombia Trade Promotion 
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Agreement that a good qualifies as an origi-
nating good under such Agreement. 
‘‘(2) EXPORTS TO COLOMBIA.—Any person who 
completes and issues a CTPA 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 CTPA 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 (j), as so redesignated by 
striking ‘‘(f), (g), or (h)’’ and inserting ‘‘(f), (g), (h), 
or (i)’’. 
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 Colombia to 
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conduct 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 Colombia 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 Colombia, 
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— 
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(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 
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